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HomeMy WebLinkAboutDecember 11, 1995 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 5542~i-3878 (612) 782-2800 December 8, 1995 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 11, 1995, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (In advance of the Regular meeting, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 1. CALL TO ORDER AND ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Minutes of the Regular City Council Meeting of November 27, 1995, and the Minutes of the Truth in Taxation Public Hearing of November 30, 1995 MOTION: Move to adopt the minutes of the Regular City Council Meeting of November 27, 1995, and the Minutes of the Truth in Taxation Public Hearing of November 30, 1995, as presented in writing, and such reading be dispensed with. 2) Sale of Surplus Pickup Box MOTION: Move to Declare the Standard Pickup Box from Unit $175 as surplus. MOTION: Move to Authorize the Sale of the Standard Pickup Box From Unit #175 to Mr. Steve Synowczynski of Columbia Heights Based on his High Acceptable Bid. 3) Approve Variance, 1850 N.E. 49th Avenue, Sulabren, Inc., Case #9512-56 MOTION: Move to Approve the Thirteen Foot Rear Yard Setback Variance Due to the Hardship of the Irregular Shape of the Lot. "SERVICE IS OUR BUSINESS' rzQUAL OP~a()R FUI',!I¥ f Et,.'IPL OYL!R THE CITY OF COLUMBIA HEIGHI-S DOES NOT D S('RIM~f',JATE GU TIlE BAS S OF DISABILITY ~N EMPLOYMENT OR -ride F;ROVISION OF SERVe{ ES Page 2 CITY COUNCIL AGENDA FOR MEETING OF DECEMBER 6, 1995 4) Resolution 95-77, Resolution Authorizing Lotsplit, 1519 N.E. 39th Avenue, Stephen Kolosky, Case #9512-57 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to Adopt Resolution 95-77, Authorizing the Lotsplit at 1519 N. E. 39th Avenue and the Combination Filed With the anoka County Assessor's Office, Providing a One-Car Garage is Built or a Type of Security if Provided by the Owner That is Acceptable to Staff to Ensure a Garage is Built. 5) Approve Variance, 3955 University Avenue, Ken's Pump N Munch, Case #9512-58 MOTION: Move to Approve the Six Foot Variance to Allow a Pylon Sign at 3955 University Avenue Due to the Hardship of the Irregular Shape of the Lot and the Poor Visibility Along University Avenue. 6) Approve Conditional Use Permit and Special Purpose Privacy Fence, 1260 N.E. 46th Avenue, James Rude, Case #9512-59 MOTION: Move to Approve the Six Foot High Solid Board Special Purpose Privacy Fence Provided the Following Items are in Compliance: 1) Locate the Property Irons to Verify That the Location of the Fence is Within the Boundaries of the Property; 2) The Required Building Permit is Obtained for the Installation of the Fence and That the Fence be Properly Installed According to Building Codes and That the Installation be Approved by the Building Inspector. MOTION: Move to Approve the Conditional Use Permit to Allow Construction of a 14' x 20' Utility Building in the Rear of the Lot at 1260 N.E. 46th Avenue Provided Acceptable Plans are Received and Approved by the Building Inspector and a Building Permit is Obtained Prior to ANY Construction Being Started for the Utility Building. 7) Final Payment - Street Deflection Testing in Zone 1 RECOMMENDED MOTION: Move to Accept the Work for Street Deflection Testing in Zone 1 and to Authorize Final Payment of $2,790.34 to Braun Intertec of Minneapolis, Minnesota. 8) Licenses MOTION: Move to Approve the 1996 License Applications as Listed Upon Payment of Proper Funds. 9) Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS 6. PUBLIC HEARiNGS Public Hearing for Approval of the Medtronic Expansion Project 1) Resolution 95-78, Establishing 53rd Avenue Tax Increment Financing Development District RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-78, Modifying the Central Business District Revitalization Plan for Central Business District Redevelopment Project, Establishing 53rd Avenue Tax Increment District, and Approving and Adopting the Tax Increment Financing Plan Relating Thereto, Located Within the Central Business District Redevelopment Project. 2) Second Reading of Ordinance No. 1312, Ordinance Authorizing Conveyance of Properly at 721 51st Avenue N.E. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available for the public. PAGE 3 CITY COUNCIL AGENDA FOR MEET1NG OF DECEMBER 6, 1995 RECOMMENDED MOTION: Move to Adopt Ordinance No. 1312, Ordinance Authorizing Conveyance of Certain Real Estate Located at 721 51st Avenue N.E., With Changes to Reflect Transfer of 3.6 Acres and the City Retention of a 40' Wide Utility Easement Across the South 40' and a 30' Wide Easement Across the East 30' of the North 3.6 Acres of Lots 7 & 8, Auditors Subdivision 51. 3) Resolution 95-79, Approving Lot Split, City of Columbia Heights for 721 N.E. 51st Avenue, Case #9512-60 RECOMMENDED MOTION: Move to waive the reading of the resolution, as ample copies are available to the public. RECOMMENDED MOTION: Move to Approve Resolution 95-79, Being a Resolution Authorizing the Lotsplit of 721 N.E. 51st Avenue as it Meets Code Requirements,, Provided That the Lotsplit be Combined With the Property at 800 N.E. 53rd Avenue. 4) Site Plan Approval Information only--item was presented and approved by the Planning and Zoning Commission at a previous meeting. 5) First Reading of Ordinance No. 1314, Rezoning Amendments as it Pertains to the City-Owned Land to R-B RECOMMENDED MOTION: Move to waive the reading of the Ordinance Amendments, there being ample copies available to the public. RECOMMENDED MOTION: Move to Schedule a Second Reading of Ordinance No. 1314 Pertaining to Rezoning Amendments to Section 9.113(3) for Monday, December 18, 1995, at Approximately 7 P.M. 6) Development Contract Between the City of Columbia Heights, Columbia Heights HRA, and Medtronic, Inc. RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Execute a Contract for Private Development By and Among the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the City of Columbia Heights, and Medtronic, Inc. Associated with Expansion of Medtronic, Inc.'s Neuro Facility at 800 53rd Avenue in Columbia Heights. 7) Authorize Submittal of Final Application to the Minnesota Department of Trade and Economic Development RECOMMENDED MOTION: Move to Authorize Preparation and Submittal of the Final Application to the Minnesota Department of Trade and Economic Development for an Economic Recovery Grant/Loan in the Amount of $500,000. Public Hearing for Revocation/Suspension of Rental License Against Robert C. Witt, Rental Property (4222 Monroe Street N.E.), Resolution 95-80 RECOMMENDED MOTION: Move to Waive the Reading of Resolution No. 95-80, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution No. 95-80, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Robert C. Witt, Regarding Rental Property at 4222 Monroe Street N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Robert C. Witt Regarding Rental Property at 4222 Monroe Street N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. Public Hearing for Revocation/Suspension of Rental License Against Larry J. Kahlow (3727 Reservoir Boulevard N.E.), Resolution 95-81 RECOMMENDED MOTION: Move to Waive the Reading of Resolution No. 95-81, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution No. 95-81, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Larry J. Kahlow Regarding Rental Property at 3727 Reservoir Blvd. N.E. PAGE 4 CITY COUNCIL AGENDA FOR MEETING OF DECEMBER 6, 1995 ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Larry J. Kahlow Regarding Rental Property at 3727 Reservoir Blvd. N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. Public Hearing for Revocation/Suspension of Rental License Against Daljit S. Sikka (4217 Central Avenue N.E.), Resolution 95-82 RECOMMENDED MOTION: Move to Waive the Reading of Resolution No. 95-82, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution No. 95-82, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Daljit S. Sikka Regarding Rental Property at 4217 Central Avenue N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Daljit S. Sikka Regarding Rental Property at 4217 Central Avenue N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution 95-83, Adopting a Budget for the Year 1996 and Setting the Tax Levy Collectable for the Year 1996 RECOMMENDED MOTION: Move to Waive the Reading of the Resolution, There Being Ample Copies Available to the Public. RECOMMENDD MOTION: Move to Adopt Resolution 95-83, Being a Resolution Adopting a Budget for the Year 1996 and Setting the Tax Levy Collectable for the Year 1996 in the Amount of $2,754,161. 2) Resolution 95-84, Resolution Increasing Income Guidelines RECOMMENDED MOTION: Move to Waive the Reading o£ the Resolution, There Being Ample Copies Available to the General Public. RECOMMENDED MOTION: Move to Adopt Resolution 95-84, Being a Resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal, and Water Supply Utility Rates. 3) Ordinance No. 1313, Amending Zoning Ordinance 9.113 as it Pertains to R-B Retail Business Uses RECOMMENDED MOTION: Move to Waive the Reading of the Ordinance Amendments, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Schedule a Second Reading of the Ordinance Amendment to Section 9.113(3) for Monday, January 8, 1996. B. Bid Considerations - None C. Other Business 1) Approve John P. Murzyn Hall Management Plan, Rental Policy, and 1996-1997 Rental Rates RECOMMENDED MOTION: Move to Adopt Revisions to the John P. Murzyn Hall Management Plan, Rental Policy, and 1996 and 1997 Rental Rates as Outlined in Park and Recreation Commission Submittal Dated November 21, 1995. 2) Metropolitan Liveable Community Act Housing Goals RECOMMENDED MOTION: Move to Approve Submittal to the Metropolitan Council the Metropolitan Livable Community Act Housing Goals, and Authorize the City Manager to Further Negotiate the Final Implementation Plan. PAGE 5 CITY COUNCIL AGENDA FOR MEETING OF DECEMBER 6, 1995 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of the December 4, 1995, Traffic Commission Meeting B. Minutes of the November 21, 1995, Park and Recreation Conunission Meeting C. Minutes of the November 8, 1995, Human Services Commission Meeting 10. ADJOURNMENT Pat Hentges, City Manager 95/99 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 27, 1995 CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for Citizens Forum. CALL TO ORDER Mayor Sturdevant called the Council Meeting to order at 7:01 p.m. Petkoff, Ruettimann, Peterson, Sturdevant - present Councilmember Jolly was out of town on City business. 4. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the meeting agenda. CONSENT AGENDA Motion by Peterson, second by Petkoff to approve the Consent Agenda as follows: Minutes for Approval The Council approved the minutes of the Regular Council Meeting of November 13, 1995 as presented and there were no corrections. Recognition of Donation to Memorial Tree Plantina Fu~d The Council accepted the $264.00 donation from the Lawrence Halek Family to be deposited in the Memorial Tree Planting Fund for memorial trees at Huset Park. Authorization to Seek Bids for Dredging of LaBelle Pond The Council authorized staff to advertise for bids to dredge LaBelle Pond, Project #9312. Final Payment for Sanitary Sewer Linina. Project #9524 The Council accepted the work for Municipal Project #9524 sanitary sewer lining and to authorize final payment of $42,743.00 to Visu-Sewer Clean and Seal, Inc. of Menomonee Falls, Wisconsin. REGULAR COUNCIL MEETING NOVEMBER 27, 1995 PAGE 2 Approve Salary Rate for Police Secretary II-A The Council approved the starting rate for Diane Winkler, Secretary IIA-Police, at the two year rate of $12.11, based on the 1995 labor contract between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees. Approve Premise Permit Renewal Application for VFW Post 230. Columbia ~eights The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Colu~bia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights VFW Post 230 in conjunction with activities held at the VFW Post 230, 4446 Central Avenue Northeast, Columbia Heights, and furthermore, the Council waived the remainder of the sixty day notice to the local governing board. License Applications/Relicensing ae 1995 License Applications The Council approved the 1995 license applications as listed upon payment of proper fees. be ~elicense of Rental property at 4610-12 Fillmore Street The Council approved the relicensing of rental property at 4610-12 Fillmore Street as all outstanding violations have been corrected and payment of reinspection fees and relicensing fees have been paid. Ce ReliGense of Rental Property at 4522 Tyler Street The Council approved the relicensing of rental property at 4522 Tyler Street as all outstanding violations have been corrected and payment of reinspection fees and relicensing fees have been paid. Pa_vment of Bills The Council approved the payment of the bills as listed out of proper funds. Anoka equity private Sale of Tax Forfeit Land The Council declined the purchase of any of the tax forfeit land going to private sale by Anoka County Resolution No. 95- 180. REGULAR COUNCIL MEETING NOVEMBER 27, 1995 PAGE 3 Be RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS Mayor Sturdevant acknowledged the donation made by the Lawrence Halek Family to the City's Memorial Tree Planting Program. The contribution will be used for the costs associated with the purchase and planting of two trees in Huset Park. Mr. Halek, a long time resident of Columbia Heights, frequented the park regularly and his family felt this would be an appropriate location for the memorial trees. PUBLIC HEARINGS There were no public hearings. ITEMS FOR CONSIDERATION a. Other Resolutions and Ordinance~ 1. Resolution No. 95-76 Being a Resolution Adopting 1996 Seasonal and Temporary Wage Adjustments Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95 - 76 BEING A RESOLUTION ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART TIME LIBRARY EMPLOYEES AND SEASONAL PUBLIC WORKS' POSITIONS WHEREAS, the City of Columbia Heights adopted a wage compensation program for non-unionized City employees effective January 12, 1980 (Resolution No. 80-47), which indicates that on an annual basis, changes will be adopted in wage ranges, based upon reliable survey data; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized, temporary, part time Library positions and seasonal Public Works Department positions, as indicated on Schedule I and II which are on file in the office of the City Manager, and BE IT FURTHER RESOLVED that such schedules be effective January 1, 1996. REGULAR COUNCIL MEETING NOVEMBER 27, 1995 PAGE 4 Passed this 27th day of November, 1995. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student~ Council Secretary b. Did Considerations 1. Approve Warning Sirens, Maintenance and Repair Co~tract Motion by Petkoff, second by Sturdevant to authorize the Mayor and City Manager to enter into an agreement with Doradus Corporation of Fridley, Minnesota, to provide fixed price service/maintenance for warning sirens located in the City of Columbia Heights per contract proposal. Roll call: All ayes 2. Purchase of Tra~er Mounted Air Compressor The Public Works Director reviewed the bids received. He noted that only three of the bids received met the specifications. The low bidder was one of those who did not meet the specifications. Motion by Peterson, second by Petkoff to authorize the purchase of a 1996, 195 CFM LeRoi trailer-mounted air compressor from Carlson Equipment of Minneapolis, Minnesota, based on their low, qualified, responsible bid of $10,295.00 plus tax, including trade-in of Unit #145, payment to be split from Funds 433-49449-5180 and 432-49499-5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. other Business Councilmember Petkoff inquired what has been done in response to a resident complaint regarding a sign change at the exit from NEI's parking lot on 42nd Avenue. The Public Works Director advised the sign which directed a "right turn only" was either damaged or was removed in error. The sign will be replaced and staff at NEI will be informed of its installation. REGULAR COUNCIL MEETING NOVEMBER 27, 1995 PAGE 5 8. ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Shared Ride Status: The City Manager advised that the Shared Ride Coordinator is waiting for a response from Anoka County regarding the City's participation in the Traveler Program. The current provider for Shared Ride, Suburban Taxi, has indicated no interest in continuing to provide the service. As many patrons of the para-transit service as was possible have been notified of the probable cessation of the program in December. A letter has been sent from the Mayor to facilities where residents have a high usage of Shared Ride regarding the end of the service. Truth In Taxation Hearing: The City Manager noted the Truth In Taxation Hearing on November 29, 1995 will be cablecast and re-run on a regular basis prior to adoption of the budget. Comparison - Statutory/Home Rule Charter: Councilmember Ruettimann requested input from the City Attorney relative to the charter change being considered. The City Attorney noted he had reviewed the comparisons and his observations have been incorporated in attachments included in the City Manager's report. The City Manager advised there will be additional comments included in the attachment when it is considered at a future Council work session. b. Report of the City Attorney The City Attorney had nothing to report at this time. e GENERAL COUNCIL COMMUNICATIONS a. November 8. 1995 Library Board Minutes Minutes of the November 8, 1995 Library Board of Trustees Meeting were included in agenda packet. No Council action was required. REGULAR COUNCIL MEETING NOVEMBER 27, 1995 PAGE 6 b. Acknowledgement of Setter Prom St, Anthony Lions The Public Works Director mentioned the letter receiued from the St. Anthony Lions Club regarding their donation of $3,000. This donation was made to cover the costs of water and maintenance supplied by the City of Columbia Heights for the landscaping and beautification project on 37th Avenue and Stinson Boulevard. This project was initiated and completed by the Columbia Heights Lions Club, the St. Anthony Lions Club and the Northeast Minneapolis Lions Club. 10. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 7:35 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHT CITY COUNCIL TRUTH IN TAXATION PUBLIC HEARING NOVEMBER 30, 1995 The Truth in Taxation Public Hearing was called to order at 7:00 p.m. by Mayor Sturdevant. me Petkoff, Ruettimann, Peterson, Sturdevant- present Councilmember 'Jolly was out of town on City business. PURPOSE OF HEARING To consider adoption of the 1996 budget and establish tax levies. PRESENTATION OF INFORMATION The City Manager advised handout material for this hearing is a summary of the 350 page budget document. He noted that when the final adoption of the budget resolution is completed and other information related to the budget is prepared, it will all be included in a budget informational video. This will be cablecast along with the taping of this public hearing. Preparation of the 1996 budget started in April of 1995. Numerous staff meetings and Council work sessions were held until the Truth In Taxation Public Hearing. During these meetings, each item in the proposed budget was scrutinized to address possible cuts or changes in individual departments or funds. Included in the handout packet was information regarding revenue sources and expenditures. The City Manager noted that municipal budgeting is rather complex but this information has been formatted to be very understandable. He recognized the efforts of staff in the Finance Department in producing this packet. The composition of the City's tax base was reviewed. The tax base is dominated by residential property which is about seventy-five percent of the total. The residential classification is the lowest taxed with commercial/industrial being taxed at a slightly higher rate. The rate on commerical/industrial has decreased in the last few years. TRUTH IN TAXATION PUBLIC HEARING NOVEMBER 30, 1995 PAGE 2 At its September 11, 1995 meeting, the Council set a "not-to- exceed" tax levy of 3%. The City Manager advised that with this budget, the City's share of the overall tax levy will be held at approximately a 1.25% increase. It is anticipated that taxes within the City will decrease from previous year levels. Any increase above the City's 1.25% would likely be due to an increase in a home's valuation. The City Manager presented a chart which addressed a five year projection of revenue needed and the effect on the local levy. The years focused on in the chart are 1995 through 1999. It was noted that some of the data presented for these five years is based on assumptions. The City Manager's presentation was concluded with his comments relative to a pie graph detailing where property tax dollars will be utilized in 1996. Fifty percent is allocated to the School District, twenty three percent is allocated to Anoka County, twenty two percent goes to the City and the remaining five percent is earmarked for special districts. COMMENTS FROM RESIDENTS One resident felt the funds used to improve the Sheffield Neighborhood should have been used to build a prison in that area. He suggested there could be a large profit realized from this venture. It is his opinion if this project were done there would be no future property taxes ever needed to keep the City operating. Be CLOSING OF PUBLIC HEARING Motion by Peterson, second by Petkoff to close the Truth in Taxation Public Hearing. Roll call: Ail ayes e CONSIDERATION OF BUDGET RESOLUTION Motion by Peterson, second by Petkoff to add the budget resolution to ~%e agenda of the Regular Council Meeting of December 11, 1995 at approximately 7:00 p.m. Roll call: AlL ayes REGULAR COUNCIL MEETING NOVEMBER 30, 1995 PAGE 3 Motion by Petkoff, second by Peterson to adjourn the Public Hearing at 7:48 p.m. Roll call: All ayes Mayor Joseph Sturdevant William Elrite, Secretary Pro-tem CITY COUNCIL LETTER Meeting of: 12/11/95 AGENDA SECTION: C ON SE N1- ORIGINATING DEPARTMENT: CITY MANAGER NO. ~/ PUBLIC WORKS ITEM: SALE OF SURPLUS PICKUP BOX BY: M. Winson [ BY: ~, , NO' ~, ~"" ~.,2--*--% DATE: 11/4/95 DATE:'J Previously the City Council has authorized the purchase of a 1995 Ford F250 Pickup off the State Contract to replace Unit #136. In a separate action, the Council authorized the purchase of a utility box for this truck. The utility box replaces the standard box that came with the truck. The standard box is not needed for any other City vehicle and should be declared surplus. This box could be used as a trade-in for the utility box, but would have only resulted in a $400 savings. In order to maximize revenue from this surplus equipment, the box was advertised for sale in the Focus News. One bid was received for $501.00 for the box from Mr. Steve Synowczynski of Columbia Heights. RECOMMENDED MOTION: Move to declare the standard pickup box from Unit $175 as surplus. RECOMMENDED MOTION: Move to authorize the sale of the standard pickup box from Unit #175 to Mr. Steve Synowczynski of Columbia Heights based on his high acceptable bid. MAW:jb 95-759 COUNCIL ACTION: -nob ploqe; ( . ~ue .SlL~.u 91. 1o sseoxe u~ ~ .... COLUMBIA ARENA). ~e ~s s~ll be m~e ~ a~ wi~ S~fi~ns a~ ~st ~ ~b~ ~ ~ ~ by Tue~y, N~e~ 14, 1~, 2~ p.~. ~e ~a shall be m~e on t~ i~ tical in content to those contained in the Sp~i~& All ~t~ pm~ fo~ shall be submitted to: Lisa Campbell, Recycling Coordinator, Community De~lop~t Dep~nt, F~ey Mun~ip~ ~nter, ~1 UnNe~ Avenue N.E.. F~y, MN 5~. Ques~no ~ ~sta f~ ~c~ta s~ be directed to Lisa Campbell. Recycling ~ator, at (612) 5~. (~ 2. 9, 1~5) Fdd~ ~s ~ Anoka County NO~CE OF PUBL~ HEARI~ ON PROPOSED CHANGE IN U~ OF COMMUNI~ D~ELOPMENT BLOCK GRANT FUNDS Notice is hereby given that the Anoka County Housing and Redevelopment Aut~ri~ will conduct a Public Headng on Tue~ay, November 14, 1~5, at 11:30 a.m. in the County Board Room of the Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota. ~e put.se of the headng is to receive comments on the change in use ot Communi~ Development Block Grant Funds in the amount of $30,6~.06 from single-family rehabilitation to multi-family rehabilitation by the Anoka County Community Action Program (ACCAP). All interested persons may appear and be heard at the fi~ and place set fo~h a~. By Order of the Anoka Coun~ Housing and R~velopment Authon~ Trustees. If you need an accomm~ation because of a disability, such as an interpreter or printed matedal in an alternate fo~t (i.e., braille or large print), please contact Alyce Osborn, Anoka County CDBG Olfice. at 323-57~. (TDD~ ~323-5289) /~ Dan Klint Dan Klint A~ist~t ~un~ Attorney /~ ~m Yantos Tim Yantos Executive Dir~tor (November 9, 1995) Fridley, Columbia Heights F~us News Anoka CounW ADVERTISEMENT FOR BIDS SeWed bids in duplicate for the provi~on and installation ot air-conditioning units at the Ano~ Coun~ Juvenile Detention ~nter in the Ci~ of Lino Lake~ in ~o~ ~un~. Minne~ta, will be received by the Anoka County Board ot Commiseioners. at the Anoka Coun~ Administrator's Office, 7th Floor, Anoka Coun~ Government Center, 2100 Third Avenue, Anoka, Minnesota 55303, until 10:00 a.m. on November 29, 1~5 in Room 710, at ~h ti~ they will be publ~ o~n~ and read ~oud. A single . bid will be received tor the tollowing con- trac~ Provision ~d instNlation of air~ondifion- lng units in Sanford ~d W~ker ~t~ges ol the Ano~ Coun~ Juvenile Detention ~nter in Lino L~es, Minne~ta Bids shall be submitted in exact accor- d~ce with the Bi~ing D~u~nta (includ- ing Instructions to Bidders. Bid Propo~l Fo~s, General Conditions, Drawings. and eo~JJel ~°°Jr~u~;~a:=y',~,e'~.,nrany vo. ~nt of the Rice Creek Watershed D~stnct ~"~ / ~o is not a public officer ol the Count, S~te or F~eral ~vemment. ~tmn uevemp~ Assistant Coun~ A y /~ John Jav McLin~m Yantos ~,~. AII~ (November 9, 1995) Fridley, Co~umma ...... ~ighta Focus News City of Columbia Heights ADVERTISEMENT FOR BIDS The City of Columbia Heights is accepting sealed bids for a 1995 Ford F250 Standard Box. Bids will be accepted unti~ 4:45 P.M., November 17, 1995 at the Office of the Public Works Director, 637 38th Ave. N.E., Columbia Heights. MN 55421. Minimum acceptable bid is $500. Call 782-2882 for information. (November 9, 1995) Fridley, Columbia Heights Focus News Ind, School District 14 WORK SESSION OF THE BOARD OF EDUCATION Independent School Dietrict 14 Tueedey, October 17, 1995 The Work Session ot the Board of Education was called to order by Chair Furgason at 9:30 pm on Tuesday. October 17, 1995, in the Community Education Center. The o owing Board Members were present: Backlund. Furgasoo, Huber, Keenan, Newman, Rudolph and Superintendent Nelson. Members absent: None The following topics were ~scussed: Preliminary audit report for 1994-95 Bond referendum communications activities Meeting adjourned at 10:36 p.m. James Furgason, Chair Sandre Rudolph, Clerk (November 9, 1995) Fridley Focus News Ind. School District 14 REGULAR MEETING OF THE BOARD OF EDUCATION Independent School Diatfict 14 Tueedey, October 17, 199~ The Regular Meeting ot the Board of Education was called to order by Chair Furgason at 7:05 p.m. on Tuesday, October 17, 1995, in the Community Education Center. The following Board Members were present: Backlund, Furgason, Huber, Newman, Rudolph, and Superintendent Nelson. Members absent Keenan S~otlight. Adeie Munsterman, High School Spanish Teacher, introduced the tollowing for- eign exchange students, and each student introduced their host families. Julia Cave Germany Maran Muller Germany Hanna Schwarz Germany Kathia Flores Mexico Vera Skopova Czech Republic Michael Just Germany Janek Schrnidt Germany Joanna Lavender England Thomas Gelmer Germany Apl)reval of Ag~ldL Motion by NoW/Tlan, seconded by 8acidund, t~ approve the agenda for October 17, 1995. Ail voted aye. Motion can-led. Delegations. Peter Eizenzimmer. 6535 Oakley Drive, spoke relative to the cost ot sports, bussing, computer systems, and Grog Gardner d IIC computer an District 14 Dave Loo dona~ Aid Electhc don and miscallanan~ Fddley Horticulture Roland Knapto~ donated all the c~ controls to the Hot1 Mr. and Mrs. Mi Christmas cactus I Kurt and Mareh~ lie computer Painting donatt Fforence Walton ~ Medtronic donut and one 286 comp~ Motion by Bocld~ accept the gifts a~ generosity. Non-~taff Comn non-staff communi~. Statement of s Comment Report ' Notice ol Juve~- ($45,000) to the Community Con soc- Notice of Met~ (Octobe~ 23 or 26. ~ Thank you note { School Superintendent, following reports ware recel~d: .! Revised levy roi: Department of Ed~ 1995. Dennis Sulllivan,: cussed the revised.: lng will be held or~ posed levy will be i 1995. Status ot comm bond referendum ~ Pride Sheet for E Enrollment repod October 2. 199~ activities Reports trna ~ Furgaeon enca~ Symposium in St. ~, Future Bu~inel Regular School Session November 21 Work Session canvass the eled December 7, 1995[ Ail voted aye. Motkx~ by Nowr that the Members dance at the Higl at the District A] .~mmmeat. by Rudolph, to ad 8-07 p.m. All vota~ CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning & Zoning APPROVAL ITEM: Variance, Sulabren, Inc. BY: Tina Goodroa, B ,: NO: Case #9512-56, 1850 N.E. 49th Ave. DATE: December 7, 1995 ' j~ The Planning and Zoning Commission reviewed the request by Sulabren Inc., representing Mr. and Mrs. Anderson, for a rear yard setback variance of thirteen (13) feet to allow the construction of a 14' x 18' addition with a 14' x 15' deck on ~he rear of the house located at 1850 N.E. 49tk Avenue. Section 9.107(4) (c) of the Zoning Ordinance requires a thirty (30) foot rear yard setback. The 14' x 18' room addition can only be placed on the rear of the house as there is no room on the other side of the house. A site plan has been submitted which shows the house, placement of the addition and the irregular shape of the lot. A 14' x 15' open deck will also be constructed on the east side of the addition. The Zoning Ordinance does state "shape of the lot" as a hardship and a reason to grant a variance if the addition cannot be built in any way to conform with the Ordinance. The Planning and Zoning Commission unanimously recommended approval of the thirteen (13) foot rear yard setback variance due to the hardship of the irregular shape of the lot. RECOMMENDED MOTION: Move ~o approve the thirteen (13) foot rear yard setback variance due to the hardship of the irregular shape of the lot. COUNCIL ACTION: ccag1295.nol Application For: Rezonin$ Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLU}f~IA HEIGHTS 1. Street Address of Subject Propertyz 2. Legal Description of Subject Property: 1850 N.Eo 4~th Av~n~c Applicant Name: ~ Address: Phone: ~t Des~ript~on Address: 13 foot rear yard setback variance ZoninK: Applicable City Ordinance Number Present Zonin, Present Use Section Proposed Zonin~ Proposed Use Reason for Request: to allow the construction of an addition on the r~nr mf the house 14' x 18 addn with a 14' x 1~' deck (open deck) 8. Exhibits Submi=ted (maps, diagrams, etc.) Acknovlediment and StKnature: The undersi~ned hereby represents upon all of the penalties of lay, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned rill be done in accordance vi:h the Ordinances of the City of Columbia ~ei~h:s and the lays of the S~ate of ~innesota. / Taken By:_ 11x15/1995 10:29 FROM SULRBREN REMODELER$ TO 7822857 P.02 OCT-2?-~5 FRI 8:45 :; hereby certify thai thTs 'is a true end correct represent'etlon o~' · survey -- __ v _f ~ -. ....... . ...... TOTAL CITY COUNCIL LETTER Meeting of: December ~, 1995 AGENDA SECTION:., ORIGINATING DEPT.: CITY MANAGER ~l CONSENT Planning & Zoninq APPROVAL NO: ITEM: Lotsplit, Stephen Kolosky BY: Tins Goodroa ,~ BY~ NO: Case #9512-57, 1521 N.E. 39th Ave. DATE: December 7, 1995 The Planning and Zoning Commission reviewed the request of Mr. and Mrs. Kolosky for a lotsplit of their property at 1521 N.E. 39th Avenue legally described as the east 50 feet of Lot 4, Block 13, Auditors Subdivision of Walton's Sunny Acres Third Addition, Anoka County, Minnesota. The proposed lotsplit will take a 50' x 55' portion from the north end of the lot at 1521 N.E. 39th Avenue and combine it with 1519 N.E. 39th Avenue. A survey and proposed legal descriptions are included along with a letter of intent from the owners. The Kolosky's own both lots and live in the house at 1519 N.E. 39th Avenue and have been renting the house at 1521 N.E. 39th Avenue. There are two large garages on these lots which Mr. Kolosky uses for storage and will continue to have that need. They want to sell the house at 1521 N.E. 39th Avenue but would like to maintain ownership of the 26' x 34' garage that sits on the far north end of the lot. They feel this large of a garage would not be desirable to a first time homebuyer who may be interested in the house. They are requesting permission to split that portion which the garage is on and combine it with the lot at 1519 N.E. 39th Avenue. Once split, the 1521 N.E. 39th Avenue lot would not have a garage and the 1519 N.E. 39th Avenue lot would have three garages. However, the Zoning Ordinance does not specify or limit the number of accessory buildings or garages on the lot. Section 9.116(4) (c) of the Parking Ordinance does require at least two parking spaces, one of which shall be a garage. The enclosed survey shows the existing garage that would be split off and an area where a new, smaller garage could be built. The concrete drive drawn on the survey is existing. The north end of both of these lots is on the same grade and covered with gravel. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Resolution 95-77, Authorizing the lotsplit at 1519 N.E. 39th Avenue and the combination filed with the Anoka County Assessor's office, providing a one- car garage is built or a type of security is provided by the owner that is acceptable to Staff to ensure a garage is buils. COUNCIL ACTION: ccag1295.no2 CITY OF COLUMBIA HEIGHTS ~ Application For: Eezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date, Case No: Eeceipt ~o: Street Address of SubJec~ Property, I~l Legal Description of Subject Property: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use ?. aeason for Eequest: Acknowledgment and Signature: The undersigned hereby represents upon all of the penalcies of law, for the purpose of inducing ~he City of Columbia Heights to take the action herein requested, that all s~atements herein are true and tha~ all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the SCare of Minnesota. Signature of Applicant: -~,~ Date:_ // Taken RESOLUTION NO. 95 - 77 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Stephen F. Kolosky, hereby request a split of PIN 36 30 24 34 0167 Legally described as: The east 50.00 feet of Lot 4, Block 13, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD ADDITION, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: The north 55 feet of the east 50.00 feet of Lot 4, Block 13, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD ADDITION, Anoka County, Minnesota. (To be combined with: That part of Lot 4, Block 13, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD ADOITION, Anoka County, Minnesota, lying westerly of the east 50.00 feet thereof.) Remainder Description: That part of the east 50.00 feet of Lot 4, Block 13, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD ADDITION, Anoka County, Minnesota, lying southerly of the north 55.00 feet of said Lot 4, Block 13. CONDITION OF THIS LOT SPLIT IS THAT THE NORTH 55 FEET SPLIT OFF BE COMBINED WITH THE PROPERTY AT 1519 3gTH AVENUE AS DESCRIBED IN ITEM I ABOVE. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -0- be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one {l) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Approval recommended contlnqent upon i~'~Ra~ 2' ..~~y a one-car garage be built,or, a type of security, approved by Staff, be S Owner, Notarized provided to ensure a garage is built prior to the lotsplit and combination ~ 39th Avenue NE This 5th day of December , 1995 . Columbia Heiahts. MN 55421 being filed with the Anoka County~essorOwner,S Address Offered by: Paulson Seconded by: Larson Roll Call: All Ayes Z'6ning Officer CITY COUNCIL ACTION: Office. Telephone No. 789-4135 SUBSCRIBED AND SWORN TO BEFORE ME this /~'~day of/K~u,,b(~, lg~. ~krt~i~y Public This __ day of , 19 Offered by: Seconded by: Roll Call: Secretary to the Council Joseph Sturdevant, Mayor FEE $10.00 DATE PAID 11-]5-95 RECEIPT No. 34066 FICATE 0 SCALE IN FEEl' OF SURVEY KURTH SURV£YING. INC. 4002 JEFFERSOH $'f. C0LUMB~^ HEll.Fi'S, MN, 5542t 0 I /~ ,¢ ~A" Ex.tstmg De.~cnpuon That pan of l..ca 4, Block 13, AUDITOR'S SUBDWIS1ON OF W.~.TON'S SUNNY ACRES THIRD ADDITION, Anok,a County, Mumesota, lying westeHy of tl~e east 50 00 feet flm~'eof ~'C'" Combining Descnpbon That pan of L~ 4, Block 13, AUDITOR'S SUBDI%qSION OF WALTON'S SUNNY ACRES THIRD ADDITION, Anok~ County, w~th The ;5 uO fee! of the ea~I 50 O0 feet of Lo~ 4, Block 13, i SUBDIVISION OF WALTON'S SUNNY ~CRES THIRD ADDITION ~oka Co,mir, M~tmesota "B" E~sung l~cnptio~ The east 50 00 f~-~ of Lot 4, Block 13, AUDITOR'S SUBDfVI$1ON OF WALTON'£ SUNNY ACRES THIRD ADDITION, Anoka Count)', lvlumescxa "'D" Remainder Descnptm~ That part of the east 50 00 of Lo~ 4, Block 13, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD ADDITION, Anoka Comity, l~fiunesca,,, lying soufl~erly of the north 5500 feet of said Lot 4, Block 13 CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER &~, CONSENT Planning & Zoning APPROVAL NO: ITEM: Variance Ken's Pump 'Munch BY: Tina Goodroa BY:~ NO: Case #9512-58, 3955 University Ave. DATE: December 7, 1995 The Planning and Zoning Commission heard the request of Mr. Syed Ahmed for a six foot variance to allow the installation of a pylon sign at 3955 University Avenue. Section 9.117A(10) (ii) of the Sign Ordinance states "One freestanding sign is permitted only if the building or structure is located twenty (20) feet or more from the front lot line, not to exceed seventy-five (75) square feet per surface and limited to two surfaces". A site plan has been submitted which shows that the building is located fourteen (14) feet from University Avenue, which, in this case, is the front lot line. The building has a 28 foot frontage, thus, 56 square feet of signage is permitted. The proposed pylon sign would measure 48 square feet and Mr. Ahmed is proposing to place the pylon sign along 40th Avenue because poor visibility along University Avenue would make any signage difficult to see. The lot is of a triangle shape and only has 14.35 feet along 40th Avenue in which to place a sign. However, Mr. Ahmed feels that a sign on 40th Avenue, that can also be seen north and south on University Avenue, would help him be more competitive with the Food-N-Fuel station across the street which does have a pylon sign in the s.e. corner of the lot abutting 40th Avenue. The site plan and proposed location of the pylon sign was reviewed by the Assistant City Engineer, Kathy Young, and was determined not to be in the public right-of-way. The Planning and Zoning Commission unanimously reccmmended approval of the variance request. RECOMMENDED MOTION: Move to approve the six foot variance to allow a pylon sign at 3955 University Avenue due to the hardship of the irregular shape of the lot and the poor visibility along University Avenue. COUNCIL ACTION: ccag1295.no3 CITY OF COLUMBIA HEIGHTS Application For= Eezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Fee: /Z Date Paid //--/7 2. Lesal Description of Subject Property, Applicant: 4. Owner / I, / 5 I X ~ ~r~c~ ~ 3o.q~ Zoninz: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Exhibits Submitted (maps. diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for ~he purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~inn~~ ..___._ Si~nature o~ Ap~licant,_:~./2 ~-~.,_! me= Ii-/~'_ ~ ~ ~ ~ ~ ' TakenB-~:_~=i~'~ CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER ~ CONSENT Planning & Zoning APPROVAL NO: NO: Case #9512-59, 1260 N.E. 46th Ave. The Planning and Zoning Commission reviewed the request of Mr. James Rude for a variance to allow construction of an addition onto a non-conforming structure at 1260 N.E. 46th Avenue. Section 9.104(3) (j} of the Zoning Ordinance states that alterations may be made to a building containing non-conforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside perimeter of the building. Provided, however, that such alterations increasing the perimeter may be made when the alterations will improve the livability thereof and provided that a variance is obtained pursuant to Section 9.105(3). The entire existing structure is non-conforming as it has no structural footings. Mr. Rude would have to install proper footings to the existing structure and to the area he plans on adding if this variance is approved. He plans to dc this work himself with installing a wood foundation. The total value of this property is $42,600 with the building valued at $23,400 and the land valued at $19,200. A site plan has been submitted by Mr. Rude which shows the existing house and addition. The planned addition will more than double the size of the house. He plans on removing the existing garage and. rebuilding a new garage that will extend the house line in front by three feet. The plans also indicate a new kitchen area, fireplace, four-season porch and a partial basement. The plans are difficult to interpret as far as dimensions of the existing and proposed rooms. The enclosed site plan does show the house and addition, although not to scale, and as presented, it meets all setback requirements. Staff is concerned about this property and the plans. The Building Inspector questions the cost effectiveness of this proposal as adding all the footing would be quite expensive and this would be done on a fairly iow value house. Staff has not received any engineered or architecturally drawn plans and this would absolutely be required by the Building Inspector before any permits could be issued. Ms. Nygaard doss have concerns over the condition of the existing structure. Mr. Rude plans on doing most of the work himself. The Commission members expressed concern about the lack of adequate and proper plans before they take action on this request. It should also be noted that we have received concerns in the past from neighbors regarding this property when work was done without a permit. Mr. Rude has also changed the grade (raised) of the back yard and side yard and has junk and debri filling the entire rear yard. Mr. Rude is also requesting a Conditional Use Permit to allow the construction of a 14' x 20' utility building in the rear yard of 1260 N.E. 46th Avenue. Section 9.109(2) (a) of the Zoning Ordinance requires a CUP for accessory structures other than private garages. The site plan shows the placement of the shed on the lot set 25 feet from the house, 15 feet from the proposed four-season porch and five feet from the side and rear property lines. Mr. Rude is also requesting permission to keep an already installed, six foot high, solid board special purpose privacy fence along the east and west sides of his property. The fence was installed without the required approvals or building permit. Mr. Rude presented the signature from the adjacent property owner at 1270 N.E. 46th Avenue. Staff expressed concern regarding a portion of the fence that is a long gate that can swing open on the side of the lot to allow access to Mr. Rude's property by using the neighbors adjacent driveway. That porEion was not as stable as it should be and swayed. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning & Zoning APPROVAL ITEM: CUP/Variance/Special Purpose BY: Tina Goodroad'~ BY: Fence, James Rude DATE: December 7, 1995 NO: Case #9512-59, 1260 N.E. 46th Ave. Page 2 The variance request was recommended for approval with the stipulation that Mr. Rude present adequate and proper engineered/architecturally drawn plans along with a construction timetable to the Building Inspector prior to the final approval by the City Council. RECOMMENDED MOTION: Move to approve the six foot high solid board special purpose privacy fence provided the following items are in compliance: 1. Locate the property irons to verify that the location of the fence is within the boundaries of the property. 2. The required building permit is obtained for the installation of the fence and that the fence be properly installed according to building codes ~nd that the installation be approved by the Building Inspector. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to allow the construction of a 14' x 20' utility building in the rear of the lot at 1260 N.E. 46th Avenue provided acceptable plans are received and approved by the Building Inspector and a building permit is obtained prior to ANY construction being started for the utility building. COUNCIL ACTION: CCAG1295.NO4 CITY OF COLUMBIA HEIGHTS A_pplicat ion For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Property: 2. Legal Description of Subject Property, Applicant: &. Owner: Address: ;~ ~L% ~/ ~ ~ /~'- /~ ' Address: Phone: ,, ~-~ ~'~? Phone: Description of ~equest: Applicable City Ordinance N~be= Section Present Zoning. Present Use Proposed Zoning Proposed Use 7. Reason for Request: Exhibits Submitted (naps, diagrams, etc.). AcknovledKment and SiKnature: The undersigned hereby represen=s upon all of the penalties of law. for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the lays of the Stat~innesota. ~ ~ Signature of Applicant' ~/1Z~''''~', ~ ,/ ,' . ~, ' Taken _./ 7 ~ I1 ~o ,, ~ S qo t ,I I I ,4O I CITY COUNCIL LETTER Meeting off 12/11/95 AGENDA SECTION: C 0 NS ElqT ORIGINATING DEPARTMENT: CITY MANAGER NO. ¢ PUBLIC WORKS ITEM: FINAL PAYMENT - STREET DEFLECTION BY: M. Winson '~ . ....~ . Attached is a final invoice for Street Deflection Testing in Zone 1. The work has been completed in accordance with the contract and is being certified to the City Council for acceptance and final payment. RECOMMENDED MOTION: Move to accept the work for Street Deflection Testing in Zone 1 and to authorize final payment of $2,790.34 to Braun Intertec of Minneapolis, Minnesota. MAW:jb 95-768 Attachment COUNCIL ACTION: CLIENT: BRAUNTM INTEP, TEC Kathy Young City o¢ Columbia Heights 590-40th Ave N.E. Columbia Heights MN RECEIVED NOV 2 ? 1995 PUBLIC WORKS ._,54-- 1 ......7,._, NDT - City o¢ C:c, lumbia Heights De¢lectior, Testing and Design o¢ (.~.-,._,. 0 m i I e ) 6.601 miles o¢ ,-ity str-.eet .... '~. 45 mi les Mobilizatic, n (_~ 2.55 mile Page #: 1 INV. DATE : 11/2£/95 INVOICE #: 0~965:3 PROJECT # : DBNX-95-898 CLIENT # : C0:B2~3 CLIENT REF: FOR F'ROFESSIONAL SERVICES RENDERED THROUGH 1110:3195 TOTAL FEE AU~HJRIZED PERCENT COMPLETE AS OF 11/0:-.:/95 AMOUNT DUE THIS TNVOICE 626.58 100.00% 7'.~0. --:4 GWK Please pay from this invoice and include remittance copy with payment. Terms: Due on receipt, 1V~% per month after 30 days, 18% annual percentage rate. Engineering, environmental and pavement consulting services. TO CITY *Signed COUNCIL DECEMBER 11, 1995 Waiver Form Accompanied Application APPROVED BY POLICE DEPT'.- 1996 LICENSE AGENDA ON & OFF SALE BEER LICEliSED AT The Rapski Corp. The Rapski Corp. *Barbara J. Carroll *Barbara J. Carroll *Holiday Station Store *Fleming Co., d/b/a Rainbow Foods *Totem Superette *Jang Won Restaurant *Superamerica * Food - N- Fu e 1 *Hot Market FEES 500 N.E. 40th Avenue On Sale $ 350.C 500 N.E. 40th Avenue Off Sale IO0.C 547 N.E. 40th Avenue Off Sale IO0.C 547 N.E. 40th Avenue On Sale 350.C 4259 Central Avenue Off Sale lO0.C 4300 Central Avenue Off Sale IO0.C 4637 Central Avenue Off Sale IO0.C 4920 Central Avenue On Sale 350.C 5000 Central Avenue Off Sale IO0.C 4001 University Ave. Off Sale IO0.C 5011 University Ave. Off Sale IO0.C BUILDING/FIRE BOYJLItlG ALLEY Mady's Bowling Center 3919 Central Avenue 240.C SAFFTY & HEALTH CIGARETTES City of Columbia Heights The Rapski Corp. Heights Grocery Conoco Express Service Ctr. B & K Music Don Hanson Sales Stroncek Drug Paddle & Pool Holiday Station Store Fleming Co.,/Rainbow City of Col. Heights /4algreen Co. Totem Foods K-Hart ~orporation Cheeseburger, Inc. Ashland Oil Kens Pump N Munch Food-N-Fuel Emersons Automotive Service Best Harket Hot Market City of Col. Heights University Union 76 2241N.E. 37th Avenue 500 N.E. 40th Avenue 501 N.E. 40th Avenue 3701 Central Avenue 3919 C~ntral Avenue 4005 Central Avenue 4027 Central Avenue 4040 Central Avenue 4259 Central Avenue 4300 Central Avenue 4340 Central Avenue 4350 Central Avenue 4635 Central Avenue 4747 Central Avenue 1+952 Central Avenue 5000 Central Avenue 3955 University Ave. 4001 University Ave. 4457 University Ave. 4901 University Ave. 5011 University Ave. 5225 University Ave. 5257 University Ave. counter Wa~vec counter 30.0C counter 30.0C counter 30.0C machine 45.0C machine 45.0C counter 30.0C machine 45.0£ counter 30.0C counter 30.0C counter \Valv~ counter 30.0C counter 30.0C counter 30.0C machine 45.0C counter 30.0C counter 30.0C counter 30.0C machine 45.0C counter 30.0C counter 30.0C counter ~aive counter 30.0C COURTESY BENCHES AStT. £1TM ENG. U.S. Bench Corporation various locations 23 benches 575. Page 2 A~,PROVED BY SAFETY & HEALTH Il FOOD CATERING VEHICLES Schwans Sales Ent. Jeffrey Howell LICENSED AT within the City within the City 2 vehicles 1 vehcile FEES SlOO.OC 5o.oc SAFETY & HEALTH FOOD/BEVERAGE VENDING [~ACHINES Herman Vending Canteen Company R & [1 Vending Donald J. Lee Twin City Vending ARA Services Twin City Vending Canteen Company B & K Music R & N Vending Paddle & Pool Twin City Vending Central Laundry K-Mart Corp. Gall Welsh Vemding Savers, Inc. Northeast Racquetball Club Balk Enterprises Twin City Vending Emersons Automotive Twin Cleaners & Laundry 11 machines various locations 3800 N.E. 5th St. 2241 N.E. 37th Ave. 637 N.E. 38th Ave. 825 N.E. 41st Ave. 940 N.E. 44th Ave. 1515 N.E. 44th Ave. 800 N.E. 53rd Ave. 3919 Central Avenue 3982 Central Ave. 4040 Central Ave. 4300 Central Ave. 4637 Central Ave. 4747 Central Ave. 4849 Central AVe. 4849 Central Ave. 5160 Central Ave. 3900 Jackson St. 4444 Reservoir Blvd. 4457 University Ave. 5241 University Ave. 68. OC 45.0C 10.0C 15.0c 105.C 15.0C 15.0c 60.0c 15.0c 10.0C 15.0C 60. Or. 15.0C 49.0C 15.0C 20.0C~ 15.0c 3o.oc 15.0c 15.0C 30.0c SAFETv & H~ALTH, FIRE, BUILDING II II FRESH FOOD SALES Film Food Yibeltal Mebratu/Heights Grocery TST Catering Catering Kitchens Conoco Express Service Ctr. Rainbow Foods Sahibs Flowers, Produce/Imports Totem Superette Heights Bakery Superamerica Moore & Moore Finest Food Service Crestview Blvd. Apts. Food-N-Fuel Best Market Hot Market 550 N.E. 39th Ave 501N.E. 4Otb Ave. 604 NoE. 40th Ave. 912 N.E. 40th Ave. 3701 Central Ave. 4300 Central Ave. 4303 Central Ave. 4635 Central Ave. 4925 Central Ave. 5000 Central Ave. 5001 Central Ave. 5050 Central Ave. 4458 Reservoir Blvd. 4001 University Ave. 4901 University Ave. 5011 University Ave. 50.0C 25.0C 50.0c 5o.oc 25.oc 25.oc 25.oc 25.0¢ 5o.oc 25.0C 25.0C 25.0C 25.OC 25.0C 25.0¢ 25.0C APPROVED BY POLICE DEPT. II II II II II II II II II II II II KIXF DE°T. II II II II SAFETY & HEALTH, FIRE & BLDG. POLICE DEPT. ~AMES OF SKILL/JUKEBOX *American Amusement Arcades The Rapski Corp. *Minnesota Music *B & K Mu§lc *Don ttanson Sales*Paddle & Pool, Inc.*Metro Coin Co.*Metro Coin Co.*Jubilee Music Co.*B&K Music GASO[IINE METERING DEVICES Pauls Pro Conoco Express Service Ctr. Conoco Express Service Ctr. Holiday Station Stores Superamerica Kens Pump N Munch Food-N-Fuel Emersons Automotive Service University Union 76 GROCERY SALES Heights Grocery Conoco Express Stroncek Drug Holiday Station Store Rainbow Foods Sahibs Flowers, Produce/Imports Walgreen Totem Superette K-Mart Corp. Superamerica Crest+'iew Blvd. Apts. Kens Pump N Munch Food-N-Fuel Best Market Hot Market Univ. Union 76 ON SALE & SUNDAY LIQUOR SALES Mr. Steak of Col. Heights Mady's Bowling Center LaCasita Restaurant LICKqSED AT 2101 N.E. 37th P1 500 N.E. 40th Ave. 501N.E. 40th Ave. 3919 Central Ave. 4005 Central Ave. 4040 Central Ave. 4300 Central Ave. 4747 Central Ave. 4952 Central Ave. 5160 Central Ave. 573 N.E. 40th Ave. 3701 Central Ave. 3701 Central Ave. 4259 Central Ave. 5000 Central Ave. 3955 University Ave. 4001 University Ave. 4457 University Ave. 5257 University Ave. 501N.E. 40th Ave. 3701 Central Ave. 4027 Central Ave. 4259 Central Ave. 4300 Central Ave. 4303 Central Ave. 4350 Central Ave. 4635 Central Ave. 4747 Central Ave. 5000 Central Ave. 4458 Reservoir Blvd.' 3955 University Ave. 4001 University Ave. 4901 University Ave. 5011 University Ave. 5257 University Ave. 4545 Central Avenue 3919 Central Avenue 5085 Central Avenue Page 3 L.P. $300.0 100.0 100.0 4OO.O 300.O 1,500.0 5O.O 50.0 25O.O 100.0 90.00 50.00 160.00 18o.oo 14o.oo 10o.00 200.00 10o.0o lO0.OO 50.00 50.O0 5O.OO 150.O0 200.00 5O.OO 2OO.OO 100.00 100.00 100.00 5o.oo 5O.OO 100.00 100.00 100.00 50.O0 5/;00.00 6300.00 6,300.00 Page 4 APPROVED BY POLICE DEPT. II II CLUB ON SALE & SUNDAY LIQUOR Col. Heights V.F.W. Post #230 Col. Heights Lions Club LICENSED AT 4446 Central Avenue 530 Mill Street FEES S 300.c REQUEST WAIVE"FEE~ FIRE INSPECTOR II II II II LAUNDRY MACHINES/DRY CLEANING EST. Lynde Investments The Pak Company LPB Investments Richard Larson Lee B. Olson Harvey Kowalzek Marg Kortas I. Bassin Co. Barbara Overlein Excalibur Laundries Sew ~hat! Corp. Midwest Management Daryll Inman I. Bassin Co. Omega Mgmt. Gassen Co. Prop. Mgmt. Omega Mgmt. Philip Bamford Jerome K. Thompson Hidden Heights Condos Bernard H. Gulland Turcotte Apts. James Jorgenson ACCAP Paul Haines Paul Haines Gold Ea~le, Inc. Gold Eagle, Inc. Michele Miller Steven L. Persons Robert Holger Michael Prokopiuk Midwest Mgmt.. M & M Mgmt. M & M Mgmt. Paul Modell Ronald Elmquist Alois D. Kroll Alois D. Kroll James C. Hoel Midwest Management CPG Enterprises Peters Pl. Corp. Marvin Thor Anver Larson Dale F. Knott Peters Pl. Inv. Nelia Bulatao machines at 12 locations machines at 14 locations 3925 N.E. 3rd St. 4201 N.E. 3rd St. 4220 N.E. 4th St. 4226 N.E. 4th St. 4308 N.E. 4th St. 3969 N.E. 5th St. 631 N.E. 37th Ave. 647 NE. 37th Ave. 2313 N.E. 37th Ave. 2200 N.E. 39th Ave. 228 N.E. 4Oth Ave. 543 N.E. 40th Ave. 999 N.E. 41st Ave. 1OOO N.E. 41st Ave. 1011N.E. 41st Ave. 1331 N.E. 42nd Ave. 1341 N.E. 42nd Ave. 1001N.E. 42½ Ave. 970 N.E. 43½ Ave. 1440 N.E. 47th Ave. 1480 N.E. 47th Ave. 3932 Central Ave. 4225 Central Ave. 4229 Central Ave. 4315 Central Ave. 4315 Central Ave. 4422 Central Ave. 4637 Central Ave. 3849 Edgemoor P1 3853 Edgemoor P1 3839 Hart Blvd. 3709 Jackson St. 3855 Jackson St. 4650 Johnson St. 3915 Lookout Pl. 4545 Madison St. 4557 Madison St. 4255 Main St. 3838 McKinley St. 529 Hilt St. 1000 Peter PI. 1035 Peters Place 1036 Peters Place 1045 Peters Place 3940 Peters Place 4655 Pierce St. $300.0c 35o.oc 35.oc 35.0C 25.0C 25.0C 25.0C 25.0C 25.0C 25.0C 50.0c 45.0c 25.0C 25.0£ 35.0c 25.0( 35.oc 25.0C 25.0C 20.0C 35.oc 35.0C 35.0C 35.0C 25.0C 25.0C 245. OC 50.0C 25.0C 180.0c 25.0C 25.0C 95. OC 3o.oc 25.0C 35.0C 25.0C 25.0C 25.0C 25.0C 45.0C 25.0C 35.0C 25.0C 25.0C 25.0C 35.0C 25.0C Page 5 APPROVED BY FIRE DEPT. LAUNDRY MACHINES/DRY CLEANIIIG EST. Crestview Blvd. Apt.s G.B. Asselstine G.B. Asselstine G.B. Asselstine N.E. Senibrs Housing Daniel Larson Bill Lueck Bill Lueck All, Inc. All, Inc. Norma Rust Curtis Bostrom James Hansen Leo O. Lemke Leo Lemke Leo Lemke Maynard Nielsen Arnold Elmq0ist Arnold Elmquist Arnold Elmquist Vernon Hoium Larry Boettcher LICENSED AT 4458 3806 3816 3826 3850 4556 4616 4622 4628 4634 4653 4654 4609 4643 4649 4655 4733 4911 4929 4935 5025 4032 Reservoir Blvd. Stinson Blvd. Stlnson Blvd. Stinson Blvd. Stinson B'l'vd. Tyler St. Tyler St. Tyler St. Tyler St. Tyler St. Tyler St. Tyler St. University Ave. University Ave. University Ave. University Ave. University Ave. University Ave. University Ave. University Ave. University Ave. Van Buren St. FEES $ 65. O( 35.0( 35.0( 35.0( 45.0( 25.0( 25.0( 25.0( 25.0( 25.0( 25.0( 25.0~ 25.0/ 25.0/ 25.0( 25.0( 25.0/ 25.0( 25.0/ 25.0/ 25.0( 25.0( POLICE DEPT. PET SHOP *Tropical Concepts 4056 Central Avenue 5O.O( POLICE DEPT. POOL/BILLIARD HALL *Paddle & Pool, Inc. 4040 Central Avenue 100.0( S6FFTY & HEALTH, FIRE, BLDG. RESTAURANTS/SNACK BARS Mann Theaters Tea For Two Restaurant Pizza Man The Rapski Corp. Moms Cafe Barbara Carroll The Masters Blend Bridgemens Restaurant Pizza Hut Mady's Bowling Center Burger King Classic Theaters Dairy Queen Dragon House Boxseat Restaurant Paddle and Pool Holiday Station Stores 2101 N.E. 37th Ave. 2301N.E. 37th Ave. 2317 N.E. 37th Ave. 500 N.E. 40th Avenue 513 N.E. 40th Ave. 547 N.E. 40th Avenue 918 N.E. 4Oth Avenue 3800 Central Avenue 3854 Central Avenue 3919 Central Avenue 3939 Central Avenue 395t Central Avenue 3959 Central Avenue 3970 Central Avenue 4005 Central Avenue 4040 Central Avenue 4259 Central Avenue 50.0( 50.0( 50.0( 50.0( 50.0( 50.0( 50.0( 75.0( 50.0{ 50.0{ 75.0¢ 50.0( 50.0( 125.O( 125.O~ 50.0{ 50.0~ APPROVED AT ~A~F-ETY & HEALTH, FIRE, BLDG. II II II II II RESTAURANTS/SNACK BARS Domino's Pizza Col. Heights V.F./~. Mr. Steak McDonalds Cousins Subs Franchise Assoc. K-Mart Corp. 1st ~Vok of Col. H~ts. Taco Bell Jang Won Restaurant Tycoon Tavern Superamerica Moore and Moore Denny's Restaurants Finest Food Service IVhite Castle Systems LaCasita Restaurant John Gizas North Central Food Systems Food-N-Fuel Food-N-Fuel POLICE DEPT., F I RE DEPT. II Il II II II If SECONDHAND MERCHA~ITS Nash Sales, Inc. Hospitality & Commercial Inst. Antiques From Memory Lane TVI, Inc./Savers THEATERS FIRE/BLDG. INSP. *Mann Theatres " " *Classic Theaters TRUCK/TRAILER RENTALS ZONING ADMINISTRATOR Mpls. Auto Works " " White Rental " " 30-Minute Muffler Shop LICENSED AT 4301 Central Avenue 4446 Central Avenue 4545 Central Avenue 4605 Central Avenue 4621 Central Avenue 4707 Central Avenue 4747 Central Avenue 4757 Central Avenue 4900 Central Avenue 4920 Central Avenue 4952 Central Avenue 5000 Central Avenue 5001 Central A~enue 5025 Central Avenue 5050 Central Avenue 5055 Central Avenue 5085 Central Avenue 5098 Central Avenue 5280 Central Avenue 4001 University Avenue 4001 University Avenue 2201 N.E. 37th Avenue 4030 Central Avenue 4050 Central Avenue 4849 Central Avenue 2101 N.E. 37th Avenue 3951 Central Avenue 660 N.E. 39th Ave. 4200 Central Avenue 5101 University Ave. Page 6 FEES $ 50. O¢ 75.O¢ 125.0[ 125.O¢ 75.O¢ 75.0¢ 75.0C 125.0C 5o.oc 125.0C 5o.oc 50.0C 50.0c 125.0c 75.0( 75.0¢ 125.0( 50.0( 125.O( 50.0( 50.0( 5O.0( 5o.oc 5o.oc 50.0c 20o.c 20o.c 5o.0c 50.0( 50.0c A~PROVED AT SAFETY & HEALTH II II oOLICE DEPT. ~OLICE DEPT. II II VENDING MACHINES Col. Heights Library Mady's Bowling Center Tom McLean Co. Gold Eagle, In~. Dons Heights Auto Wash Steven Persons Copy Dupl: Prod. Twin Cleaners & Laundries TAXICAB DRIVERS *Douglas Lee Allsup *Terrance Wayne Johnson *Dawn Lorreen Hawes *Thomas Ellis Hawes *Randy Eric Ziemann *George Howard Hoskins *Ellen Mary Martin *Michael Dennis Healey TAXICAB VEHICLES *Michael Dennis Mealey one veh~61e #110 *Gary Allen Tournier Suburban Green & White Page 7 LICENSED AT 820 N.E. 4Oth Ave. 3919 Central Avenue 4300 Central Avenue 4315 Central Avenue 4423 Central Avenue 4637 Central Avenue 4849 Central Avenue 5241 University Ave. 760 - 8th Ave N.W. 3867 Minuteman Ln. 3867 Minuteman Ln. 3867 Minuteman Ln. 6531 Channel Road 2404 Sheridan Ave. 8816 Austin N.E. 2404 N. Sheridan Ave. 2404 N. Sheridan Ave. 3315 N. 2nd St., Mpls. 8 vehicles #O1, 11, 21, 46, 71, 124 157 &160 FEES $ Waiv( 15.O{ 15.O( 15.0~ 30.0( 15.0( 15.0( 20.0/ 20.0( 20.0/ 20.0f 20.0( 20.0/ 20.0~ 20.0( 75.O( 600.0( !O:i. 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I,I .~-,..J... ~ GCn.'.)'O .'.:ii;"f'l..JF'J::' ...... ,-.. r-. r.- .v ,-... :... f..! ,,'-.~ ! t:...& E': 0 C.I !'::i'.!i~ ""' '"' . .- I -~.: :, t r..~ b. 56416 [564:1. 7 564 :L 9 5642'. 1. 5.642:.3 · '5 d:, 4 7:5 9 ?56447 CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER'S APPROVAL ITEM: RESOLUTION ESTABLISHING 53RD AVENUE TAX BY: P. HENTGES BY'~ ~, INCREMENT FINANCING DEVELOPMENT DATE: 12-7-95 DATE: NO: ~ Attached please find a resolution modifying, expanding, and adopting a tax increment district and plan relating to the Medtronic Expansion Project located on 53rd Avenue. Essentially, the plan modifies the City's existing Central Business District Revitalization Plan and related tax increment districts through the expansion of a 53rd Avenue tax increment financing district and related plan. The tax increment financing district/plan established under the economic development portion of the Minnesota Statutes, calls for a total district life of eleven years and collection of nine years of tax increments. The potential tax increments will be used in conjunction with the Medtronic expansion project to finance and/or reimburse the city, HRA, or Medtronic for an estimated $1.8 million of eligible private and public improvements, plus related interest costs. The Phase I $6.7 million building and equipment/furnishings improvements will generate a new tax capacity of 149,000 beginning in 1997/payable in 1998. The Phase II is estimated to generate a tax capacity of 150,000, beginning the year 2001 and payable in the year 2002. The project will generate approximately $205,716 of tax increments (after fiscal disparities) beginning in 1998. A similar amount of tax increments/new taxes will be generated for Phase II beginning in the year 2002. The attached Executive Summary further outlines the sources and uses of funding associated with this project. A full presentation of the project will be presented by the City Manager at the meeting, after which time the Council may consider the motion for approval of the tax increment project, and subsequent motions on each of the six other items needing council action. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95-78, modifying the Central Business District Revitalization Plan for Central Business District Redevelopment Project, establishing 53rd Avenue tax increment district, and approving and adopting the tax increment financing plan relating thereto, located within the Central Business District Redevelopment Project. COUNCIL ACTION: Council member introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. q_q-78 RESOLUTION MODIFYING THE CENTRAL BUSINESS DISTRICT REVITALIZATION PLAN FOR CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT, ESTABLISHING 53RD AVENUE TAX INCREMENT DISTRICT, AND APPROVING AND ADOPTING THE TAX INCREMENT FINANCING PLAN RELATING THERETO, LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT. Be it resolved by the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Recitals 1.01 It has been proposed that the City modify the Central Business District Revitalization Plan (the "CBD Revitalization Plan") for Central Business District Redevelopment Project (the "CBD Redevelopment Project"), and establish 53rd Avenue Tax Increment District (the "53rd Avenue District") and approve and adopt the Tax Increment Financing Plan relating thereto, located within CBD Redevelopment Project, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 through 469.047, and Minnesota Statutes, Sections 469.174 through 469.179, inclusive. 1.02 The Council has investigated the facts and has caused to be prepared a Modified CBD Revitalization Plan for CBD Redevelopment Project and the proposed Tax Increment Financing Plan for 53rd Avenue District (the "Plans"). 1.03. The City has performed all actions required by law to be performed prior to the modification of CBD Redevelopment Project and the establishment of 53rd Avenue District, and the adoption of the Plans relating thereto, including, but not limited to, notification of Anoka County and Independent School District No. 013 having taxing jurisdiction over the property to be included in 53rd Avenue District, a review by the City Planning Commission of the proposed Plan, and the holding of a public hearing upon published notice as required by law. Section 2. Findings for the Modification of the CBD Revitalization Plan for CBD Redevelopment Project, the Establishment of 53rd Avenue District and the Approval of the Tax Increment Financing Plan relating thereto. 2.01. The Council hereby finds that 53rd Avenue District is an economic development district under Minnesota Statutes, Section 469.174, subd. 12. 2.02. The Council hereby finds that the modification of the CBD Revitalization Plan for CBD Redevelopment Project and the establishment of 53rd Avenue District and the approval of the Tax Increment Financing Plan relating thereto, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for commercial and industrial development in the public purposes and accomplish certain objectives as specified in the Plans. 2.03. The Council further finds that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value on the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of 53rd Avenue District permitted by the Plan, and that, N:\WPDATA\COL HT ShMEDDI S T.TI FV~P PRO VE. RES therefore, the use of tax increment financing is deemed necessary; that the Plans conform to the general plan for the development or redevelopment of the City. as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of 53rd Avenue District by private enterprise. 2.04. The City elects to make a qualifying local contribution in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qualify 53rd Avenue DisWict for exemption from state aid losses set forth in Section 273. t 399. The City anticipates that the state will contribute to project costs within the 53rd Avenue District through a district grant or similar incentive and that the City's local contribution will be reduced by one-half of this amount, in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d). 2.05. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto a Exhibit A. Section 3. Approval of the Plans. 3.01. The modifications to the CBD Revitalization Plan for CBD Redevelopment Project and Tax Increment Financing Plan for 53rd Avenue District are hereby approved and adopted, and shall be placed on file in the office of the City Manager subject to approval by the Columbia Heights Housing and Redevelopment Authority.. 3.02. The City staff of the City are authorized to request certification of 53rd Avenue District fi.om Anoka County. and to file the Plans with the State Department of Revenue. 3.03. The City staffofthe City, the City's advisors and legal counsel are author/zed and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: Mayor ATI'EST: Clerk (SEAL) N:\WPDATA\COL HTS\MEDDI ST.TI FXAPPR OVE RE S -2- EXHIBIT A RESOLUTION NO. Dislrict 1. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for 53rd Avenue as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: Finding that the 53rd Avenue Distm'ct is an economic development district as defined in Minnesota Statutes, Section 469.174, Subdivision 12: The facility is expected to increase employment in the state. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and the use of tax increment financing is deemed necessary and that the increase market value of the site that could reasonably be expected to occur without the use of tax increment financing wouM be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. Due to the high cost of development on parcels configured as existing and cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The market value analysis done shows that the estimated market value of the proposed development after discounting by the present value of the projected tax increments for the maximum duration of the district permitted by the plan is si~ificantly greater than the increase in the market value est/mated to result form any other development that could be expected to occur without the use of tax increment (See Appendix C in the Tax Increment Financing Plan for 53rd Avenue District). Finding that the Tax Increment Financing Plan for the 53rd Avenue Distn'ct conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is or will be appropriately zoned. The Tax Increment Financing Plan has been reviewed by the Planning Commission and been found to conform to the general development plan of the City. Finding that the Tax Increment Financing Plan for 53rd Avenue District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Central Business District Redevelopment Project by private enterprise. The 53rd Avenue District will provide land for expansion of existing businesses, improve the property tax base of the City and other local taxing jurisdictions, increase in employment in the City and State of Minnesota, and provide for adequate streets, utihties, storm and sanitary sewers to enhance the area for new and existing development. N:\WPDATA\COLHTSklvlEDDIST. TIFkAPPROVE.KE S =3 - CITY OF ~OLUMBIA HEIGHTS Meeting of: December 11, 1995 I~uhi~c ~learinos AGENDA ~ECTION: ORIGINATING DEPT.: CITY MANAGER NO:~ Community, ~velopme~t r APPROVAL No. 1312 Conveyance of Property DATE: Dec. 5, 1995 at 721 51st Avenue N.E. On November 13 the second reading of this Ordinance was scheduled for December 11, 1995 for consideration along with other matters relating to the planned Medtronic, Inc. Neurological Division expansions at 800 53rd Avenue N.E. in Columbia Heights. Since the first reading of the ordinance, minor changes have become necessary to reflect the 3.6 acres instead of 3.0 acres and to reflect two necessary utility easements being retained by the City. It is necessary for Medtronic to have additional parking to accommodate the expected 400 to 500 additional employees as result of the expansion. As part of the redevelopment agreement and Project Feasibility Agreement, the City and Housing and Redevelopment Authority (HRA) are agreeing to provide additional land for use for additional parking to Medtronic from open space land currently owned by the City adjacent to and immediately to the south of Medtronic facility at 800 53rd Avenue N.E. Since the tax increment financing for the project will be facilitated through the HRA, property to be transferred to Medtronic must be from the City to the HRA to Medtronic, Inc. Attached is a copy of the Ordinance and other related information. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1312, "Ordinance Authorizing Conveyance of Certain Real Estate Located at 721 51st Avenue N.E." with changes to reflect transfer of 3.6 acres and the City retention of a 40' wide utility easement across the south 40' and a 30' wide easement across the east 30' of the north 3.6 acres of Lots 7 & 8, Auditors Subdivision 51. cc: HRA Commissioners Medtronic, Inc. (Donn Hagemann) I COUNCIL ACTION: ORDINANCE NO. 1312 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE 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, Minnesota, a public body, corporate and politic, the real property described as follows, to wit: North 3.6 acres of Lots 7 & 8, Audi- tors Subdivision 51, city of Colum- bia Heights , Anoka County, Minneso- ta subject to City retention of a 40' wide utility easement across the south 40' and a 30' wide utility easement across the east 30' of the north 3.6 acres of Lots 7 & 8, Audi- tors Subdivision 51. Section 2: The Mayor and City Manager are herewith authorized to execute a limited warranty deed to effectuate the conveyance of said real estate for $360,000. 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: November 13, 1995. Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ordin MEDTRONIC AND SHADOW PROPERTIES October 24, 1995 PROPERTY MEDTRONIC ST. TIMOTHY PARK ADDRESS 800 53rd Ave. 825 51st Ave. 721 51st Ave. 26 30 24 11 0014 E26 30 24 11 0008 E26 30 24 11 0009 PIN LEGAL Registered Land Lots 7 & 8, North 3.6 acres of Survey #63, Tract Auditor's Subdivi- Lots 7 & 8 and B, Anoka County sion No. 51, East 293 feet of Except North 3.6 Lot 9 except S.30 acres for road, Aud. Sub. No.51 (County uses 8.4 acres for size) 1990 VALUE PAY ~91 LAND 711,953 421,200 589,300 IMPROVEMENT 2,589,401 681,960 65,700 TOTAL 3,301,354 1,103,160 655,000 1995 VALUE PAYS96 LAND 691,600 522,700 686,800 IMPROVEMENT 2,308,400 715,500 27,400 TOTAL 3,000,000 1,238,200 714,200 The exempt properties were last valued in 1991 and are valued every 6 years under current law. TH 65 -~] CERT I F I CATE OF 0 IOO I t'~REBT CERllI~ 1~1 ~MIS S~VE~, PL~ ~ REPOR~ ~C~E IN FE~ MINNES07A L~SE NO. SURVEY KURTH SURVEYING. INC. 4002, JEFFERSON ST~ N,E, COLUMBIA HEII3HTS, IvlN, 5542~ o · IRON 9 0 Tract B REGISTERED LAND SURVEY NO 63, Anoka Count), Minnesota Togefl~e, ~ ~e No~ 3 ~ &cre~ of ~s 7 and g, AUDITOWS SUBDIVISION NO M, ~oka County, Minnesota Re~g and subje~ to utlhb ~semen~ o~r ~e ~ulh 40 00 f~ and owr ~e ~ 30 00 f~t of~d No~ 3 b Acres of L~s 7 and ~ ALDt~OR'S SUBDIVISION NO M, ~o~ Counts, M~nesma CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO:~v PUBLIC HEARINGS, Planning and Zoning~//~_ ~APPROVAL ITEM: Lotsplit, City of Columbia Heights BY: Tina Goodroad~ BY:~~ NO: Case #9512-60, 721 N.E. 51st Avenue DATE: December 7, 1995 The Planning and Zoning Commission reviewed the request of the City of Columbia Heights for a lotsplit and combination of the property located at 721 N.E. 51st Avenue legally described as the north 3.6 acres of Lots 7 and 8, Auditor's Subdivision No. 51, Anoka County, Minnesota (to be combined with Tract B, Registered Land Survey No. 63, Anoka County, Minnesota) and the east 293 feet of Lot 9, Auditor's Subdivision No. 51, Anoka County, Minnesota. The enclosed survey shows the area that will be split and combined with the Medtronic property at 800 N.E. 53rd Avenue. The area that is to be split is currently open park land. This lotsplit will enable Medtronic, Inc. to use the 3.6 acres being transferred to them from the City as part of their light manufacturing office facility (Neurological Division) expansion area at 800 N.E. 53rd Avenue. RECOMMENDED MOTION: Move to waive the reading of the resolution, as ample copies are available to the public. RECOMMENDED MOTION: Move to approve R.esolution No. 95-~, being a resolution authorizing the lotsplit of 721 N.E. 51st Avenue as it meets code requirements provided that the lotsplit be combined with the property at 800 N.E. 53rd Avenue. COUNCIL ACTION: ccag1295.no6 Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUI~BIA HEIGHTS Application Date, //- ?'-~J-- Date Paid Receipt Nos Street Address of Subject Property~ 2. Lelal Description of Subject Property~ Owner: Name= Address: Phone: Zoning: Appl£cable City Ordinance N~mber Present 2on~nt /(J ? Present Use Section Proposed Zon~ Proposed Use "~ ' " 13 /,L,'(-'( ' "' 1 e. ~c, s,~,~od (,,~,. d~,S,~,. ,cc.) _ 9. Acknovled~ent and $i~nature~ ~e ~ders~ed hereby represents upon all of ~he penal~es of lay, fo~ ~he pu~ose of ~duc~ ~he City of Col~bia Be~h~s to ~ake the ac~on here~n requested, tha~ all s~a~e~en~s here~n are ~e and tha~ all york herein ~en~ioned rill be done ~ accordance ~d ~he lays of ~he $~a~e Sisnatur. of Applicant: '[~'f ~':":~ RESOLUTION NO. g5 - 79 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 5gO - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Patrick Hentges, City Manager of Columbia Heights, hereby request a split of PIN 26 30 24 11000g Legally described as: The north 3.6 Acres of Lots 7 and B, together with the east 293.00 feet of Lot g, AUDITOR'S SUBDIVISION NO. 51, Anoka County, Minnesota. IHE DESCRXPTION HENCEFORTH TO BE: 1. The north 3.6 Acres of Lots 7 and 8, AUDITOR'S SUBDIVISION NO. S], Anoka County, Minnesota. (To be combined with Tract B, REGISTERED LAND SURVEY NO. 63, Anoka County, Minnesota.) 2. The east 293.00 feet of Lot 9, AUDITOR'S SUBDIVISION NO. $1, Anoka County, Minnesota. Be it further resolved that there are no special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property. Any pending or future assessments will be levied according to the new split as approved this day. A CONDITION OF THIS SPLIT IS THAT ITEM 1 ABOVE BE COMBINED WITH lHE PROPERTY AT BOO 53RD AVENUE AS ALSO LEGALLY DESCRIBED ABOVE IN ITEM 1. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENI ACTION: Approval recommended as it meets code requirements provided that the lotsplit be combined with the property at 800 N.E. 53rd Avenue lhis 5th day of December , ]g 95. Offered by: P,ulson Seconded by: Larson Roll Call: All Ayes Zoning Officer 'CITY COUNCIL ACTION: This ~day of , 19__. Offered by: Seconded by: Roll Call: Secretary to the Council ~__atrick. Hentges, City Manager signature (~ Owner, Notarized 590 40th Ave.. Columbia Heiqhts Owner's Address lelephone No. 782-2814 SUBSCRIBED AND SWORN TO BEFORE ME this ~2Z~day of/l/o,'e~Jer, lg ?~-. Joseph Sturdevant, Mayor CERTIFICATE 0 10o FOR g.,~. ~x'"~. ~"~ I , I fIE. RI:BY CERTIFY lf~,l ~f.ll$ .~.~VG¥, PLN~ OR RE@DRY ItCALE IN FEET MINNESOTA L~aC,,~SE NO. ~(~ OF SURVEY KURTH SURVEYING. INC. 4002 JEFFERSON ST. N.E. COLUMBIA ~lOi-fl'$. Mfq. 55421 ~8~'2) ?1l'1760 FAX (6~2) o · I R~ ~T o CITY COUNCIL LETTER Meeting of: November 13, 1995 AGENDA SECTIpN: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER NO:~ Planning and Zoninq APPROVAL ITEM: Site Plan Approval, Medtronics BY: tina Goodroa~~ BY: NO: Case #9511-53, 800 N.E. 53rd Avenue DATE: November 9, 1995 The Planning and Zoning Commission reviewed the request of Medtronics, Inc. for Site Plan approval for the proposed Phase I Addition to their existing Neurological Building located at 800 N.E. 53rd Avenue. The first phase expansion will be an addition of 60,115 square feet to the existing 81,000 square foot building. The existing facility has 81,000 gross square feet. Of this, 49,382 net square feet is office area. At least one parking space for each 200 square feet up to 6,000 square feet of floor area (net) would be required plus one parking space for each 250 square feet over 6,000 net square feet. The existing office requires 204 parking spaces. The processing use area of 15,350 square feet requires 26 spaces based on one space per 600 square feet of gross floor area less 10% off the total square footage. If based on employee count, 32 spaces are required. However, an employee count is only an estimate. The existing facility requires 236 spaces for office and production with 324 parking spaces currently provided. The Phase I expansion will be a maximum of 60,115 gross square feet. Of this, 39,045 net square feet will be office and requires 157 parking spaces. Net square footage does not account for un-useable space such as circulation area, dead storage area, heating and utility rooms, etc. Phase I will have 5,823 square feet of processing area which will require ten parking spaces (5,823/600), for a total of 167 additional parking spaces. The total amount of spaces required for the building is 403 with 463 spaces being provided. I have been checking the Medtronics parking lot at various times during the day and it has never appeared to be more than 70% full. So, I believe the amount of parking Medtronics is proposing will be appropriate. In addition, Medtronics has two shifts, and possibly three shifts in some departments, of employees which distributes the need for parking over 24 hours instead of one eight-hour shift. A new curb cut is proposed on 53rd Avenue and will be directly across from Target's entrance. Traffic Commission approved this site plan on November 6, 1995. Ail setback requirements are being met. At their meeting of November 8, 1995, the Planning and Zoning Commission unanimously approved the Site Plan as it meets all applicable code requirements. COUNCIL ACTION: ccagl195.no5 ;l :i PARKING LO'~ PLaN °~cGOUGH CONSTRUCTION 5652 - 215 LANE WYOMING. UN 55092 _ . _ ~ ~ , ~ ,, ......... ~ ~ ~ ~ ---- : I ~,~lllllllll IIIIIIll,(~lll ........ . _ .,,. .......... PRELIMINARY ~TE~N*TE I PARKING LOT P~N ~ ~' ~O~ING, ~N 55092 CITY COUNCIL LETTER Meeting of: December 11, 1995 T~ ORIGINATING DEPT : CITY MANAGER AGENDA SEC : PUBLIC HEARINGS ' NO: Planning and Zoningd~/ APPROVAL ITEM: Rezoning, City of Columbia Heights BY: Tina Ooodroa~, BY~.~-~,,,~ ~ ~ ~~ NO: Case #9512-61, 721 N.E. 51st Avenue DATE: December 7, 1995 The Planning and Zoning Commission reviewed the request for consideration of rezoning a portion of 721 N.E. 51st Avenue from zhe present R-3, Multiple Family Residential District, to a RB, Retail Business District. This property is owned by the City of Columbia Heights and is being sold to Medtronics, Inc. for expansion of their facility at 800 N.E. 53rd Avenue. The parcel to be rezoned is legally described as the north 3.6 acres of Lots 7 and 8 and the east 293 feet of Lot 9, Auditor's Subdivision No. 51, Anoka County, Mn. A zoning map shows the areas to be rezoned. The property is currently open park land that is zoned R-3, Multiple Family Residential. The area directly to the north is zoned RB, Retail Business. The City is requesting the 3.6 acre parcel to be rezoned to RB to enable Medtronic, Inc. to use the land, when it is transferred to them (as per the lotsplit), for their expansion of their light manufacturing/office facility at 800 N.E. 53rd Avenue. The property Medtronic, Inc. currently owns to the north of this 3.6 acres is zoned RB so the request would mean simply extending the RB zoning designation south to include the 3.6 acres. This rezoning is necessary for the Medtronic expansion as the RB zone is the appropriate designation for their use. Section 9.113(3) (f) of the Retail Business Section of the Zoning Ordinance allows "Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories and processing incidental or necessary to conduct a permitted use does not exceed fifty percent {50%) of the floor area devoted to the principal use". (However, this language will be changing to "does not exceed the total floor area devoted to Ehe principal use" once the Ordinance amendment is approved.) RECOMMENDED MOTION: Move to waive the reading of the Ordinance Amendments, there being ample copies available to the public. RECOMMENDED MOTION: Move to Schedule a Second Reading of Ordinance No. 1314 Pertaining to Rezoning Amendments to Section 9.113(3) for Monday, December 18, 1995, at Approximately 7 P.M. COUNCIL ACTION: ccag1295.no7 CITY COI~NCIL LETTER Meeting of: December 11, 1995 ORIGINATING DEPT.: CITY MANAGER AGENDA SEC~: PUBLIC HEARINGS APPROVAL NO: Planning and Zoning;iii ITEM: mezoning, City of Columbia Heights BY: Tina Goodroa~ NO: Case #9512-61, 721 N iE. 51st Avenue DATE: December 7, 1995 The Planning and Zoning Commission reviewed the request for consideration of rezoning a portion of 721 N.E. 51st Avenue from the present R-3, Multiple Family Residential District, to a RB, Retail Business District. This property is owned by the City of Columbia Heights and is being sold to Medtronics, Inc. for expansion of their facility at 800 N.E. 53rd Avenue. The parcel to be rezoned is legally described as the north 3.6 acres of Lots 7 and 8 and the east 293 feet of Lot 9, Auditor's Subdivision No. 51, Anoka County, Mn. A zoning map shows the areas to be rezoned. The property is currently open park land that is zoned R-3, Multiple Family Residential. The area directly to the north is zoned RB, Retail Business. The City is requesting the 3.6 acre parcel to be rezoned to RB to enable Medtronic, Inc. to use the land, when it is transferred to them (as per the lotsplit), for their expansion of their light manufacturing/office facility at 800 N.E. 53rd Avenue. The property Medtronic, Inc. currently owns to the north of this 3.6 acres is zoned RB so the request would mean simply extending the RB zoning designation south to include the 3.6 acres. This rezoning is necessary for the Medtronic expansion as the RB zone is the appropriate designation for their use. Section 9.113(3) (f) of the Retail Business Section of the Zoning Ordinance allows "Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories and processing incidental or necessary to conduct a permitted use does not exceed fifty percent (50%) of the floor area devoted to the principal use". (However, this language will be changing to "does not exceed the total floor area devoted to the principal use" once the Ordinance amendment is approved.) RECOIVlMENDED MOTION: Move to waive the reading of the Ordinance Amendments, there being ample copies available to the public. RECOMMENDED MOTION: Move to Schedule a Second Reading of ordinance No. 1314 Pertaining to Rezoning Amendments to Section 9.113(3) for Monday, December 18, 1995, at Approximately 7 P.M. COUNCIL ACTION: ccag1295.no7 ORDINANCE NO. 1314 BEING AN ORDINANCE AMENDING ORDINANCE NO 853 PERTAINING TO THE REZONING OF CERTAIN PROPERTY The City of Columbia Heights does ordain: Section 1: That certain property legally described as the north 3.6 acres of Lots 7 and 8 and the east 293 feet of Lot 9 except the south 30 feet for road, Auditors Subdivision 51, Anoka County, MN, which is currently zoned R-3, Multiple Family Residential, shall herea~er be zoned R-B, Retail Business District. Section 2: This ordinance shall be in full force and effect fi~om and thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Ann Student, Council Secretary CITY OF COLUMBIA H~IGHTS A~Dplication Pot: lezonini x Application Date~ 11-9-95 Privacy Pence Conditional Use Per. it Subdivision Approval Pee, Date Paid Site plan Approval Receipt No~ Other Street Address of Subject Property, 721 51st Avenue N.E. Legal Description of Subject Property, North 3.6 acres of Lots 7 & 8 and East 293 feeT , of Lot 9 except South 30' for road, Auditors Subdivi~io~ ~, Anoka Countv. Minnesota 3. Applicant: Name: City of Columbia Heights Address: 590 40th Avenue N.E. Columbia Heights, MN 55421 Phone: 782-2854 (Do~ Schneider) Ov~e r: Name: Same Address: Phone: 5. Descriptt0n of Eequest: Rezonin~ from R-3 to RB of open space land Qwned bv City and being sold to Medtronic, Inc. for .expansion Qf their facl]~tv at 800 53rd Ave. N.E~ Zoning: Applicable Ci=y Ordinance Number Present Zonin& R-3 Presen~ Use Open Space - Park 7. Reason for ~equests 9.113 Section Proposed ZoninK RB Proposed Use P~ TO enable Medtronic, Inc to use the ~ acres bein~ transferred to them in December, 1995 as ~art of their liqht manufacturipe/Qffice fac~lltv (~eurological Division) at 800 53rd Avenue N.E. Submitted (maps, dia~rams, etc.) Map of site and section of RB Zg~ine Code. AcknovledKment and Signature: The undersigned hereby represents upon all of the penal~ies 0f lay, for the purpose of inducin~ the City of Columbia Heishts to take the action herein requested, that all statements herein are true and tha~ all work herein mentioned will be done in accordance wi~h the Ordinances of ~he City of Columbia Heights of the State of Minnesota. Sign,tut. Appii,a,t: D,t,,_ l,-9-9 Community Development Director Taken By:__ CC: PAT HENTGES CITY OF FRIDLEY Ir-- '1 I I CERTIFICATE 0 I00 FOR Co~. YL~s ~L~.. I , I ~IIN~ESOTA L~.,~SE NO. ~, ~-'~ OF SURVEY KURTH SURVEYINg. INC. o · IRON CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 6 CITY MANAGER'S .' APPROVAL ITEM: MEDTRONIC DEVELOPMENT AGREEMENT BY: P. HENTGES ~-~ BY: NO: ~6 A 6)l DATE: 12-8-95~1 ''''/./~' DATE: Enclosed please find a draft agreement between the City of Columbia Heights, and Housing and Redevelopment Authority of Columbia Heights and Medtronic, Inc. regarding the expansion of their facility at 800 53rd Avenue N.E. City staff and our development attorneys are scheduled to meet with Medtronic officials to finalize the draft at 3 p.m. Friday, December 8, 1995. The final revisions to the agreement will be recopied and submitted to the City Council at the council meeting. The primary issues that remain for inclusion in the agreement is the actual process and payment for the transfer of the 3.6 acre park open space property. The DNR approval of the actual transfer has complicated the process. Additionally, it was originally thought that Columbia Heights would be paid approximately $360,000 over time from tax increments. In turn, Medtronic's would have agreed to an assessed value agreement and a note guaranteeing any shortfall in taxes. Alternatively, Medtronic has proposed to pay the City $360,000 up front for the property and reimburse themselves through tax increment financing, or provide a schedule of payments for the land over a period of about five years, with the payments being backed your irrevocable letter of credit. Additionally, the utilization of tax increment financing requires a minimum guarantee of fifty new jobs after two years completion of the project. Because this is a new statutory requirement, the attorneys are having difficulty coming to a final conclusion on the necessary language for the job requirement. The balance of the agreement formulates the mechanism by which Medtronic will be reimbursed through tax increment for an approximate $844,000 of private and public improvements associated with the expansion. Additionally, the agreement lays out a schedule for reimbursement of accumulated interest on the tax increment improvements being reimbursed, and provides for a mechanism of capturing additional increments in the event there are other eligible public improvement costs or inflation of property values. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute a contract for private development by and among the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the City of Columbia Heights, and Medtronic, Inc. associated with expansion of Medtronic, Inc.'s Neuro Facility at 800 53rd Avenue in Columbia Heights. COUNCIL ACTION: Kennedy & Graven, Chartered A 3rd Draft A = Deletion = Insertion CONTRACT FOR PRIVATE DEVELOPMENT BY AND AMONG THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND MEDTRONIC, INC. This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 DJG96577 CL160-79 Section 1.1. Section 1.2. Section 1.3. 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. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 5.1. Section 5.2. Section 5.3. Section 5.4. Section 6.1. TABLE OF CONTENTS ARTICLE I Definitions Definitions ........................... 2 Exhibits ............................. 4 Rules of Interpretation ..................... 4 ARTICLE II Representations and Warranties Representations by the Authority .............. 5 Representations by the City .................. 5 Representations by the Developer .............. 5 ARTICLE III Acquisition and Conveyance of Property; Public Improvements Conveyance of the Property .................. 7 Conditions Precedent to Conveyance ............. 7 Cost of the Property; Time of Conveyances ......... 7 Title ............................... 8 Public Hearing Prior to Sale .................. 8 A Soil Tests; Indemnity ..................... 9 ARTICLE IV Construction of Minimum Improvements Construction of the Minimum Improvements ......... 11 Construction Plans ....................... 11 A Completion of Construction ................. 12 Certificate of Completion .................... 12 Reconstruction of Minimum Improvements .......... 13 A Useof Minimum: ImProvements ................ 13 ARTICLE V Public Assistance Qualifying Reimbursable Costs ................ 14 Phase 2 ............................. 14 Repayment Agreement ..................... 15 Wage and Job Covenants .................... 16 ARTICLE VI Insurance Insurance ........................... 17 DJG96577 CL160-79 i ARTICLE VII A use of Increment, Decet~tification of District Section 7.1. Section 7.2. Use of Tax Increments .................... 19 Voluntary Decertifieation of TIF District ........... 19 ARTICLE VIII Prohibitions Again.~t Assignment, Transfer and Encumbrances; Mortgage Section 8.1. Section 8.2. Prohibition Against Transfer of Ownership Interest ............................ 20 Limitation Upon Encumbrance of Property .......... 21 ARTICLE IX Events of Default Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. Events of Default Defined .................... 22 Remedies on Default ...................... 22 Revesting Interest in the Authority Upon Happening of Event Subsequent to Conveyance to Developer ..... 22 No Remedy Exclusive ...................... 23 No Additional Waiver Implied by One Waiver ......... 24 ARTICLE X Additional Provisions Section 10.1. Section 10.2 Section 10.3 Section 10.4 Section 10.5 Section 10.6 Section 10.7 Conflict of Interests; Representatives Not Individually Liable .................... 25 Restrictions on Use ...................... 25 Notices and Demands ...................... 25 Disclaimer of Relationships .................. 25 Modifications ......................... 26 Counterparts .......................... 26 Provisions Not Merged with Deed ............... 26 SIGNATURES TESTIMONIALS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E PROPERTY LEGAL DESCRIPTION LIST OF CONSTRUCTION PLAN DOCUMENTS FORM OF CERTIFICATE OF COMPLETION FORM OF REPAYMENT AGREEMENT LIMITED WARRANTY DEED DJG96577 cLx60-79 ii CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT is made this __ day of 199__, by and among the HOUSING AND REDEVELOPMENT AUTHORITY 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 MEDTRONIC, INC., a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the Authority established and operates the Central Business District Redevelopment Project (the "Project") and the Medtronic Tax Increment Financing District (the "Medtronic TIF District" or "TIF District"); and WHEREAS, the Authority has adopted a project plan (the "Downtown Central Business District Revitalization Plan" or "Project Plan") and a tax increment financing plan (the "Medtronic TIF Plan" or "TIF Plan") authorizing the Authority to finance all or a portion of the public development and redevelopment costs of the Medtronic TIF District; and WHEREAS, the Developer has proposed a development within the Medtronic TIF District that the Authority and the City have determined will promote and carry out the objectives for which the Project and the Medtronic TIF District have been established, will assist in carrying out the objectives of the Project Plan and the 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 the 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 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: DJG96577 CL160-79 1 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. "Available Tax Increment" means eighty percent (80%) of the tax increment paid to the Authority by the County regarding the Minimum Improvements and Phase 2 in the six months prior to each Payment Date (as defined in the Repayment Agreement), :but:al°es not incIUde::tax increment paid to t.he :AuthOritY during the term: of the: No~e :desCribed in Section 7 (e): Of the: Repayment Agreement. "Authority" means the Housing and Redevelopment Authority 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 and Phase 9. by the Developer on the Property. The Construction Plan documents for the Minimum Improvements are listed on Exhibit B attached hereto. "County" means Anoka County, Minnesota. "Developer" means Medtronic, Inc, a Minnesota corporation. "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 construction of an approximately 60,000 sq. ft. addition to an existing manufacturing facility on Parcel 1 and the construction of a parking lot on Parcel 2 to serve the facility on Parcel 1. After construction of the Minimum Improvements, the term means the Property as improved by the existing manufacturing facility and the Minimum Improvements. DJG96577 CL160-79 2 A "Parcel 1" means the real property described at Exhibit A-1 attached hereto. "Parcel 2" means the real property described at Exhibit A-2 attached hereto. "Phase 2" means the construction of an approximately 60,000 square foot manufacturing facility addition to the Minimum Improvements. "Project" means the Central Business District Redevelopment Project in which the Medtronic TIF District is located. The Project was established on August 28, 1989. "Project Plan" means the Downtown Central Business District Revitalization Plan. "Property" means Parcel 1 and Parcel 2, collectively. "Property Deed" means the A limited warrantY:: claim deed by which the Authority will convey Parcel 1 to the DevelOper. The form of the A li~:ed: warranty deed is attached hereto as Exhibit F. "Qualifying Reimbursable Costs" means A $:1,474:~ii0(]Oof the costs actually and reasonably incurred by the Developer, within 5 years Of the date that the TIF District is certified, in preparing the Property for construction of, and constructing the Minimum Improvements and Phase 2. The Qualifying Reimbursable Costs are listed on Exhibit B to the Repayment Agreement. "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 "Medtronic TIF District" means the Authority's Medtronic Tax Increment Financing District. "Tax Increment Financing Plan" or "Medtronic TIF Plan" means the Plan adopted by the Authority to guide development in the Medtronic 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 the earlier of: February 1, 2007; A the date on which the Qualifying Reimbursable Costs, together with accrued interest thereon, have been fully paid in accordance with the terms of the Repayment Agreement attached hereto as Exhibit A D; or the Payment Date (as defir~ed in the Repayment Agreement) immediately following the date on which the Developer provides the City and the Authority with a Termination Notice. "Termination Notice.: means a written notice provided by the Developer to the City and the Authority: relinquishing any right the Developer has to receive Available Tax Increment. DJG96577 CL160-79 3 "Unavoidable Delays" means delays that 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. Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: A A Ao B. C. : :iD. AE. Legal Description of the Property List of Construction Plan documents Form of Certificate of Completion Form of Repayment Agreement Form of Property Deed 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. DJG96577 CL160-79 4 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 Medtronic Tax Increment District is an economic development tax increment financing district. A (id) As suraing :compliance. by the DeVeloP er with its obligations· regarding use of the Property under Seeti°n 4,6 :of this Agree~nent, the assiStanCe: provided by the AuthOriSY hereunder eompties with SectiOn 469.:176, Subd. :4(e.): of the :TIF Act. 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 has the right, power and authority to execute, deliver and perform its obligations according to this Agreement or all other documents to be executed by the City pursuant hereto. The City assures the Authority and the Developer that the individuals who execute this Agreement or 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. (c) The City is the fee owner of Parcel 2. 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 Minnesota corporation. (b) 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 DJ~96577 CL160-79 5 authorized to sign the same on behalf of the Developer and to bind the Developer thereto. (c) The Developer will construct the Minimum Improvements , and will do so in accordance with the terms of this Agreement, the A Project Plan, the TIF Plan and all local, state and federal laws and zoning, building code, public health laws, and all applicable local, state or federal energy conservation laws or regulations. (d) The Developer has funds or has obtained financing in an amount sufficient to finance construction of the Minimum Improvements. (e) 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 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. (f) 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. (g) 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. A DJG96577 CL160-79 6 ARTICLE III Acquisition and Conveyance of Property; Public Improvements Section 3.1. Conveyance of the Property. (a) The Developer is the fee owner of Parcel 1. (b) The City agrees to convey title to Parcel 2 to the Authority and the Authority agrees to convey title to Parcel 2 to the Developer if the Developer is in compliance with this Agreement and all conditions precedent to performance by the City and the Authority have been satisfied. The Authority shall convey title and possession of Parcel 2 to the Developer under the Property Deed. The conveyance of Parcel 2 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 Parcel 2 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 Parcel 2 to the Developer until the following conditions precedent have been satisfied: (a) the Authority has obtained title to Parcel 2; (b) the Authority has determined that the sale of Parcel 2 is advisable, following the public hearing required by the HRA Act; (c) the Developer has submitted Construction Plans for the Minimum Improvements acceptable to and approved by the City and the Authority; (d) the Developer has submitted evidence of financing of the Minimum Improvements acceptable to the Authority; (e) A The Developer i has: deposited: :with the Authority :the amount of $:360,:000,111~hieh :i amount represents the cost to the:AUthority of acquiring Parcel: 2; A (f) there has been no Event of Default on the part of the Developer; and (g:) iconversion of Parcel 2: to private: nonrecreational Use has been approved by aII appropriate state and federal authOrities. If all conditions precedent have been satisfied, the Developer agrees to purchase Parcel 2 from the Authority. Section 3.3. Cost of the Property; Time of Conveyances. A The Authority agrees to purchase Parcel 2 from the City A for $360,000, payable at:ClOsing. (A b) The Developer agrees to pay the Authority A $360,000 for Parcel 2 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 DJG96577 CL160-79 7 Property to the Developer, closing on Parcel 2 shall occur no later than March 1, 1996, unless a different date is mutually agreed upon in writing. The Developer shall have possession of Parcel 2 upon closing. Closing shall be at the offices of the Authority. The Property Deed shall be in recordable form and shall be promptly recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. The Developer shall pay all recording costs, including State Deed Tax, in connection with the acquisition and conveyance of Parcel 2, title commitment and premium fees, and any title closing fees. The Authority and the Developer agree to pro rate any real estate taxes due and payable in 1996 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. (a) Within a reasonable time after the date of this Agreement, the A Authority shall obtain and furnish to the Develo!3er a..commitment for the issuance of a policy of title insurance for Parcel 2. The ADeveloper shall have ten (10) days from the date of its receipt of such commitment to review the state of title to Parcel 2 and to provide the A AUthority with a list of written objections to such title. Upon receipt of the A Developer'!s list of written objections, the A Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the A De~teloper. Not earlier than eleven days following the date the A Developer shall have received a commitment for the issuance of a policy of title insurance for Parcel 2 from the A Authority, in the event the A Developer shall have provided the A Developet~ with a list of written objections, within ten (10) days after the date that all such objections have been cured to the reasonable satisfaction of the A Developer, the Authority and Developer shall proceed with the acquisition and conveyance of Parcel 2 pursuant to Sections 3.1 and 3.2 of this Agreement. In the event that the A Authority has failed to cure objections within sixty (60) days after its receipt of the A Developer's list of such objections, either the Developer or the Authority may by the giving of written notice to the other, terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder. The Authority shall have no obligation to take any action to clear defects in the title to Parcel 2. (b) The Authority shall take no actions to encumber title to Parcel 2 between the time the Authority acquires Parcel 2 and the time which the Deed is delivered to the Developer. Section 3.5. Public Hearing Prior to Sale. (a) The City's obligation to sell Parcel 2 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 Parcel 2 to the Authority. Notwithstanding anything herein to the contrary, the determination to sell.Parcel 2 to the Authority shall be in the sole discretion of the City. (b) The Authority's obligation to reconvey Parcel 2 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. A 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 Parcel 2 to the Developer shall be in the sole discretion of the Authority. DJG96577 CL160-79 8 Section 3.6. Soil Tests; Indemnity. (a) The City and the Authority represent and warrant to: the Developer that while the City or the Authority had legal title to Parcel 2, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polyehlorinated biphenyls, petroleum products including gasoline, fUel oil, cr~ude oil and various constituents of such products, and any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act of I980 (,'CERCLA") (42 U.S.C. §§ 9601-9657, as amended), have been generated, treated, stored, released or disposed of, or otherwise placed, depOsited in or located on Parcel:2 by the City or the Authority. The City and the Authority have not, while the City or the Authority had legal title to Parcel 2, undertaken any activity on Parcel 2 that would cause (I) Pa~el 2, to become a tPeatment, storage or disposal fatty within the meaning of, or othez~se bring the Property within the ambit of, the. Resource Conservation and t{eeove~ Act of 1976 ("RCRA"), 4~.' U;S:,C. §:: 690t et seq., or any sin~Iar state taw' or local Ordinance, (ii). a release or threatened release of toxic or hazardOus wastes or substances, pollutants or. contaminants, from Parcel 2 within the meaning of, or othet~tse bring Parcel 2 within the ambit of, CERCLA, orany similar state' law or local o~xtinance, or (iii)the discharge of pollutants or effluents into. any water source or system, the dredging or filting of any waters o~ the discharge into the air of any emissions:, that would require a permit:under the Federal Water:Pollution Control Act, 33 U.S.C. §. 1251 et sec[., or the CIean Air Act, 42 U.S.C. §7~01 e_~t seq., or any s'n~itar state law or total ordinance. The City and the Authority have not caused, while the City or the Authority had :legal title to Pa~ceI 2, any substances, or conditions in or on Parcel 2: that may support a ciaim or' cause of action under RCRA, CERCLA or any other fedaraI, state or local environmental statutes, regulations:, ordinances or Other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liabiiity Act,: Minnesota StatUtes, Chapter: tlSB ("MERLA") and the Minnesota Petroleum: and ReleaSe Cleanup Act, Minnesota. Statutes, Chapter 115C. The City and the Authority have not:caused, while the City or the Authority:had legal title to Parco! 2, any above ground or underground tanks ~to. be located in or about Parcel 2 and have subSequentlY: been rem({ved or filled :While the City or the Authority had legal title to the Property. Neither~ the City nor the Authority has caused, while the City or the. AuthOrity had legal titte to Parcel 2, any environmental' inspections, tests or reports to have been made or prepared in connection with the Property other than as contemplated hereunder. (b) Excep~ as provided in Section 3.6 (e)of this Agreement, 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 of the Minimum Improvements. (¢) With/n thirty (30)days of the date of this Agreement, but prior to conveyance of Parcei: 2:to the DevelOper, the Developer shall have the right to undertake soil tests and borings on Parcel 2 regarding the suitability of soil conditions for construction of the Minimum Improvements and regarding the presence of: pollution, contamination, or hazardous substances on Parcel 2. The City hereby grants Permission for the Developer to enter upon Parcel 2 for the purpose of undertaking such soil tests and borings. (d) After closing, regardless of the whether the Developer has availed itself of the right to conduct tests under Section 3.6(c) of this Agreement, neither the City nor the AuthOrity shall have any obligation or liability to the Developer for any DJG96577 CL160-79 9 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 emptoyees,~ against any cl-ims or actions :from the Developer or any th/rd party regarding the :soils or the presence of any pollution, contamination or hazardous substances on Parcel i and 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 generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on Parcel 2 subsequent to closing onthe sale of Parcel 2: by the Authority to the Developer. This undertaking shall survive closing and shall not merge with the Property Deed. DJ~96577 cL~60-79 10 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 in accordance with the Construction Plans. Subject to Unavoidable Delays, the Minimum Improvements will be completed by no later than December 31, 1996. 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 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 Medtronic TIF Plan; (3) conform to all applicable federal, state and local laws, 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 Medtronic 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 DJG96577 cL~60-79 11 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 approval 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 uniess 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. Section 4.3. A completion of construction. A All work with respect to the Minimum Improvements to be constructed or provided by the Developer shall be in conformity with the Construction Plans as submitted by the Developer and approved by the City and the Authority. Subsequent to approval of the Construction Plans by the City and the Authority, 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 C hereto. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement 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 DJG96577 c~o-~ 12 opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) 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 for their intended use. 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 A 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. The:.Developer shall have no further obligation, under this Section 4,§ after the Termination Date. Section 4.6. A US.~ of .M~'rdmum Improvements. Prior to. the::Termin~tion Date, the. Developer shall: not use more than t5%, on a square footage basis ~: of the Minimum Improvements and any other improvements canstrueted on the Property for a purpose o~her than: (a) the manufaCturing.or production of tangible personal property, ineiuding processing resulting in the change in condition of the property; (b) warehousing:,: storage, and distribution of tangible personal property, excluding t-etait sales; (c) and (b); ~-esearch and development related:to the activities:listed in clause (a) (d) tetemarketing if that activity is the exclusive use of the property; (d). space necessary for and related to the activities listed in clauses (a) to DJG96577 c~o-~ 13 ARTICLE V Public Assistance A Section 5.A I. Qualifying Reimbursable Costs. The Authority agrees to utilize Available Tax Increment to reimburse the Developer for the Qualifying Reimbursable Costs, with interest on A such costs at the rate of 8.50% per annum, said interest commencing to accrue A when such costs are:: incurred and paid by Developer. Reimbursement of these costs shall be made solely in accordance with the terms of this Agreement and the Repayment Agreement. Section 5.^2. Phase 2. (a) If the Developer elects to construct Phase 2 and desires to receive reimbursement for Qualifying Reimbursable Costs from tax increment generated by Phase 2, the Developer must comply with all of the following conditions: (i) Before constructing Phase 2, the Developer must submit to the City and the Authority for their approval preliminary plans which consist of sketches of the exterior of the proposed Phase 2 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 submit new preliminary plans to the City and the Authority for their review and approval. (ii) After receiving approval of preliminary plans pursuant to this Section 5.A2, but before beginning construction of Phase 2, the Developer must submit the Construction Plans to the City and the Authority. The Construction Plans shall provide for the construction of Phase 2 and shall be in conformity with 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; (2) conform to the terms and conditions of the Project Plan and Medtronic TIF Plan; (3) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (4) are adequate to provide for the construction of Phase 2; (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 Medtronic TIF Plan, or applicable federal, state and local laws, ordinances, rules and regulations in constructing Phase 2. 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 5.A2 relating to approval, rejection and resubmission of corrected DJG96577 CL160-79 14 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. (iii) 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 approval under any applicable code, ordinance or regulation, the Developer must 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 5.A2 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. (b) The parties understand and acknowledge that: A (i) the Developer has no obligation to construct Phase 2; (A ii) the parties have no adequate way to determine the amount, if any, of tax increment that will be generated by Phase 2; and (A~) the amount of Available [Fax Increment available to reimburse the Developer is contingent, in part, on whether Phase 2 is constructed, the market value assigned to Phase 2 for tax purposes, whether Phase 2 is constructed in a timely fashion pursuant to Minnesota Statutes, section 469.176, subd. 6, and whether, pursuant to Minnesota Statutes, section 469. 1763, costs pertaining to Phase 2 are incurred within 5 years of the TIF District's certification. Section 5.A3. Repayment Agreement. (a) After execution of this Agreement and completion of construction of the Minimum Improvements by the Developer, the Authority and the Developer shall execute a Repayment Agreement in substantially the form similar to the one attached hereto as Exhibit E. 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. (b) The Developer A understands that, purSUant to the Repayment Agreeme:n~:~,f~s right toreceive Available Tax Increment is subordinate:to the City's right :to receive Available Tax Increment as. reimbursement for the City's cost of making: eert~n: Public improvements under certain conditions. DJG96577 c~o-?~ 15 (c) 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. The Developer agrees and understands that Available Tax Increment is subject to variation in class rates, local tax rates, method of calculation by Anoka County, and may vary from amounts estimated as of the date of this Agreement. Without limitation of the foregoing, the Developer further agrees and understands that the amount of Available Tax Increment may decrease if the Minimum Improvements or Phase 2 are constructed within a "transit zone" as defined by Minnesota Statutes, section 473. 3915 and therefore taxed at a lower rate pursuant to Minnesota Statutes, section 273.13, subd. 24(c). (d) 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, A or the amount of QUalifying: Reimbursable Costs :incUr~d a~d:paid by the: Devetopel',' whichever is less. Section 5.A 4. Wage and Job Covenants. (a) By no later than two years after the earlier of the first date on which the Developer receives from the Authority any payment pursuant to this AgreementA, the Developer shall cause to be created at the Minimum Improvements at least A 50 new jobs with wages of at least $10.00 per hour. Any jobs ~tocated: to: the: ~nimum Impro~ementslfr°m ithe:DevelOper's .op. erationS:etSeWhe~::i~:the State shall not be counted toward the 50: ~equi~d:: new ]obSii~ilTh~:Dev~i°Per::Shaii: SUbmit t°: the Auth°ritYa written: report:by April 1 of each year after completion of the Minimum Improvements describing employment and wages in sufficient detail to enable the Authority to determine compliance with this Section. (b) If the Developer fails to comply with any of the terms of A Section 5.A 4(a), the Developer shall repay to the Authority upon written demand from the Authority any payments disbursed by the Authority to the Developer pursuant to this AgreementA . Nothing in this Section shall be construed to limit any other remedy available to the City or the Authority pursuant to this Agreement. (c) .'The Developer shall use best efforts to create 200 new jobs:at the Minimum: Improvements in addition to the 50 jObs it is obligated to create pursuant to Section 5.4(a:}; provided, such additional job creation shall not be construed to constitute a "goal'' within the meaning of' Minnesota Statutes, section 116J. 991, and failure:to achieve such job creation shaI1 not constitute, an Event of Default hereunder so long as the Developer uses best efforts in this endeavor. DJG96577 cL~0-?~ 16 ARTICLE VI Insurance 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: (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) Workers' 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. DJG96577 CL~6O-~ 17 (ii) Such other insurance , including worker's compensationinsurance 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 with 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 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. DJG96577 c~o-?~ 18 ARTICLE VII A Section 7.A i. Use of Tax Increments. (a) :Except for its obligations under this Agreement regarding Available Tax Increment, the Authority and City 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. (b) The City and the AUthority Shall make. good faith.efforts to pay for public improvements' required as the direc~ result of :co~:truetion of :the Minimum ImproVements out: of tax inc~emen~ generated by the 'property and the:~:Mtnfmum Improvements.,. The City's obligation under this Section 7; 1 (b~ shall not apply to the public ImproVements for Which:the City and/or the Authority: have ~equested assistance frOm~:the~ State_pursuant :ito the Grant (as defined in the. Repayment Agreement). NOtking in this. Section 7:~ i (b) shall be :construed to limit the legislative discretion of the City or the Authority, Section 7.2. :: Molunt~: Termination :of Right w Available Tax Increment. (a) At ::anytime after the DevelOper's receipt of the Certificate of Completion, the Developer my submit a:~.Terminafion .Notice to the.AUthoritY and the :City'i~::::: The Payment Date. (as: defined in the:.Repayment Agreement)immediately' following the receipt bY the: City and: the AuthOritY'of such Termination Notice shall become the Termination Date. lb) Nothing in this Section 7.2 shall obligate:the City or the. Authority to decertify the TIF District Upon receipt of the TerminatiOn NOtice. DJG96577 CL160-79 19 ARTICLE VIII Prohibitions Again.~t Assignment, Transfer, and Encu, rnbrances; 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. (b) The Developer represents and agrees that, until issuance of the Certificate of Completion: (i) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority unless the Developer remains liable and bound by this Agreement in which event the Authority's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. (ii) In the event the Developer, upon transfer or assignment of the Property or any portion thereof, seeks to be released from its obligations under this Agreement as to the portions of the Property that is transferred or assigned, the Authority and City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (A) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority and City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Property to be transferred. (B) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority and City, have expressly assumed all of the obligations of the Developer under this Agreement as to the DJG96577 cL~60-79 20 portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and oniy to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority and the City) deprive the Authority and or City of any rights or remedies or controls with respect to the Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority and the City to the contrary, no such transfer or approval by the Authority and the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations with respect thereto. ( C ) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property shall be in a form reasonably satisfactory to the Authority and the City. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned or otherwise conveyed. After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may transfer or assign any portion of the Property or the Developer's interest in this Agreement without the prior written consent of the City or the Authority, provided that the transferee or assignee is bound by all the Developer's obligations hereunder. The Developer shall submit to the Authority written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Developer's obligations under this Agreement. If the Developer fails to provide such evidence of transfer and assumption, the Developer shall remain bound by all it obligations under this Agreement. 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. DJG96577 cL~60-79 21 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 A complete construction of the Minimum Improvements in a timely manner; A (A ~) 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 (A ~) 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. 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 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 Parcel 2 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. Revesting 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 (A a) 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 DJ~96577 c~o-?~ 22 (A ~) TheDevel0per fails to pay real estate taxes or assessments on the Property ~r:: ~~::!?:i~e~nt~iwhen 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 (A ~) There is, in violation of this Agreement, any transfer of the Property or any part thereof; or (A ~) 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 Parcel 2 and to terminate and revest in the Authority the interest of the Developer in Parcel 2; 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 Parcel 2 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 Parcel 2, 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 Parcel 2. 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 9.3 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 DJG96577 c~o-7~ 23 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. DJG96577 ¢~o-?~ 24 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. 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: Medtronic, Inc. MS3 0 (c) as to the Authority: Housing and Redevelopment Authority 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 DJG96577 cL~60-79 25 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~i and the Property Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. DJG96577 c~o-79 26 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names as of the date first above written. MEDTRONIC, INC. HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS By By Its Chair Its Its By By Its Executive Director CITY OF COLUMBIA HEIGHTS By Its Manager By Its Mayor DJG96577 cn~o-7~ 27 STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199 , by and , the Chair and Executive Director, respectively, of the Housing and Redevelopment Authority of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument , 199__, by and a Minnesota corporation. was acknowledged before me this day of and , the , respectively, of Medtronic, Inc., Notary Public STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199 , 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 DJG96577 c~o-?~ 28 EXHIBIT A-1 to CONTRACT FOR PRIVATE DEVELOPMENT PROPERTY LEGAL DESCRIPTION (Parcel 1) Tract B, Registered Land Survey No. 63, Anoka County, Minnesota DJG96577 c~.6o-~ A-l-1 EXHIBIT A-2 to CONTRACT FOR PRIVATE DEVELOPMENT PROPERTY LEGAL DESCRIPTION (Parcel 2) The north 3.6 Acres of Lots 7 and 8, AUDITOR'S SUBDIVISION NO. 51, Anoka County, Minnesota DJG96577 CL160-79 A-2-1 EXHIBIT B to CONTRACT FOR PRIVATE DEVELOPMENT LIST OF CONSTRUCTION PLAN DOCUMENTS [to be completed prior to execution] DJ~96577 c~o-~ B-1 EXHIBIT C to CONTRACT FOR PRIVATE DEVELOPMENT FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that, except as may be specified below, Medtronic, Inc., a Minnesota corporation, 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 of Columbia Heights, the City of Columbia Heights, and Medtronic, Inc. with respect to construction of the Minimum Improvements in accordance with the approved Construction Plans and is released and forever discharged from its obligations to construct under such above-referenced Article. Dated: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199__, by and , the Chair and Executive Director, respectively, of the Housing and Redevelopment Authority 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 DJG96577 ~o-?~ C-1 EXHIBIT D 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 of Columbia Heights, Minnesota, a public body corporate and politic under the laws of Minnesota (the "Authority" ), and Medtronic, Inc., a Minnesota corporation (the "Developer" ). WITNESSETH: WHEREAS, the parties hereto did on , 199 , enter into that certain document entitled "Contract for Private Development" (the "Agreement"); and WHEREAS, the Agreement provided that the Developer would construct an approximately 60,000 sq. ft. manufacturing facility ("Phase 1") on the land legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer will incur certain expenses in obtei:n~g/Parcet 2 of ~e p~°P~ri~; :: preparing the site, installing utilities, and otherwise making the Property suitable for development as specified herein; and WHEREAS, the Agreement provided that the Developer may construct an additional approximately 60,000 sq. ft. manufacturing facility ("Phase 2") on the Property; and WHEREAS, the Developer will incur certain expenses if it prepares the site, installs utilities, and otherwise makes the Property suitable for developing Phase 2 as specified herein; and WHEREAS, the Authority agreed to reimburse the Developer for its actual and reasonable expenditures for Qualifying Reimbursable Costs from Available Tax Increment (as defined in the Agreement) paid to the Authority; and DJ~96577 cL~60-79 D-1 WHEREAS, in order to secure such payment, the Agreement requires that the Authority and Developer enter into this Repayment Agreement; 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. General Terms of Payment. (a) Subject to the Authority's right to prepay and the terms and conditions of the Agreement and this Repayment Agreement, the Authority shall reimburse the Developer for Qualifying Reimbursable Costs in the principal amount of A no more than $I;474,000 (the "PrincipaI (:b):" IntereSt, at:the rate of 8.50% per annum, shall::acc~e::on the unpaid balance of any Portion the (~ualifying Reimbursable CostS.:from: the date: or dates on which, the De,eloper P~vides: the Auth0rity written evidence that the Developer has incurred :: and paid actuat and reasonable expenses associated, with such portion of the Qualify/ng:Reimburs~ble Costs, Interest shall: be computed on the basis of a year of 360 days and charged' for actuat days principal is unpaid. (c) The Prineipal Amount together:with interest thereon shall be payable on each Feb{~uary :I::~d AugUS~ I (the "payment Dates"), commencing August 1, 1998 and ending, on the Ter~ation Date,: whicH'payments shall be made in the amount of and:solely from Available Tax I'nerement. Alt payments shall be applied first to accrued interest and then to. the Principal Amount. (d) The PrinciPal AmOunt is subject to prepayment at the option of the Authority: in whole or in part on any date after execution of this Repayment Agreementi. DJG96577 c~o-?~ D-2 (e) ~ ill,. on: any PaYment Date, the: Available TaX. 'Increment is. not Suff~nt to pay the: am~ of Q: atif~ng Reimbursable::: Costs :incurred and paid by the Developer prior' ta.~that: Yayment :Date, plUS: interest, the d~ference shall 1~ carried fox, yard, without inte~st aecruing thereon, and shall be ~d: ff and: : to: : the extent that on a .future payment~ Date:there is sufficient Ava~.:}able: Tax: Inm~ement: te.'do so: Section 3. Repayment Conditions. The Authority's obligation to make payments to the Developer is subject to the following terms and conditions: A (A a) The Authority shall have no obligation to pay any balance of the Qualifying Reimbursable Costs that remains unpaid after A the::.Te~ation Elate. (A b) The Authority shall have no obligation to make any payment to the Developer under this Repayment Agreement until the Developer has provided the Authority written evidence that the Developer has incurred an~ P~d actual and reasonable expenses associated with the Qualifying Reimbursable Costs and that those expenses were incurred within 5 years of the certification of the TIF District. A Section 4. Prepayment. The Authority may prepay without penalty or premium all or part of the accrued interest and unpaid principal due under this Repayment Agreement at any time. Upon A payment ~f aI~i:.iof:the: a¢~e~t:ilttel~est and::~di:i:P~nciPal, the Authority shall have no further obligation to make payments to the Developer. A Section A 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 Phase 2 and paid to the Authority during the term specified in Section A 2 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 DJG96577 c~0-?~ D-3 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 A 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. 7; ': i: Ci~!~.Right to Increment. (a) As of the date of the exec~ion::of this Repayment Agreement, the City and/or the: AuthOrity have applied to ~/he State for a grant of: $250,000:(the "Grant" ) to cover the~ cost.of certai~i public:improvements within the TIF :District~::(the "Public improvement Costs" ); (b~:::~:i~:.i: If the the proceeds of the G~nt are less. than $250,000; or fi:the Grant is not provided by the state ,. : the AUthOrity and the City shall negotiate: and enter into an agreemenI (the "NOte")~ for the reimbursement to.. the City ina principal amount eq~'~o the difference between the amount of the Public Improvement Costs and the amount ~ ~hei:Gra~!i:,.:previded :that Such principal amOUnt shall, not exceed $250,000. SuCh::.!~imbUrSement may' be: made from'taX: incremen~ generated by the property ~d'::'the ~mum tmprovements,.i may include interest on the.: PUblic Improvement Costs of no more than 8.50% per annum, and maY be payable on the same. Payment Dates specified herein. The City or the Authorky shall notify the Develope~ uPOn execution of the Note. DJG96577 CL160-79 D-4 (~)[.:i F~m t.~e date that the De: eleper has been g~ven notiee, that the Note has::b~ ex~e~.i.:~ the ~ate that the:: ~y has been:::£ulty reimbursed pursuant to the terms i: oft ::th~, Note~ AVailable. TaX:Increment shall not: in¢iude any amounts IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names as of the date first above written. MEDTRONIC, INC. HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS By By Its Chair Its Its By By Its Executive Director CITY OF COLUMBIA HEIGHTS By Its Manager By Its Mayor STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 199__, by and , the Chair and Secretary, respectively, of the Housing and Redevelopment Authority 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 DJ~96577 c~0-?~ D-5 EXHIBIT A TO REPAYMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY Parcel 1: Tract B, Registered Land Survey No. 63, Anoka County, Minnesota Parcel 2: The north 3.6 Acres of Lots 7 and 8, AUDITOR'S SUBDIVISION NO. 51, Anoka County, Minnesota DJG96577 cL~60-79 D-6 EXHIBIT B TO REPAYMENT AGREEMENT The Qualifying Reimbursable Costs and the estimated expenses related thereto are as follows: Sewer/Landscaping/Drainage Parking Improvements Soil Corrections s3 o,ooo 250,000 381,000 483 ~ 000 SA 1,47~,000 DJG96577 c~o-~ D-7 EXHIBIT A E ~ZD W~~¥ DEED THIS INDENTURE, between the Housing and Redevelopment Authority of Columbia Heights, Minnesota, a public body corporate and politic under the laws of the State of Minnesota (the "Grantor"), and Medtronic, Inc. (the "Grantee"). W!TNESSETH, that Grantor, in consideration of the sum of A m~ ~ur~d~ $~ !]16Us~d and no/100 dollars (SA 3~0~0~) and other good and valuable :e:0~.~i:~e~:~:i:~:~:::::ihe receipt whereof is here~:Y:' :~nowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Anoka and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"): The north 3.6 Acres of Lots 7 and 8, AUDITOR'S SUBDIVISION NO. 51, Anoka County, Minnesota To have and to hold the same, together with all the hereditaments and appurtenances A b~ton~g me.reto ~::' G~an~i~ eovenan~s:i~d:~p~s~:?:i~:ii! against::, att arsons. a result!of:any such SECTION 1. This Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into among the City of Columbia Heights, Minnesota, the Grantor, and the Grantee on the day of , 199 identified as "Contract for Private Development" (hereafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting improvements (the "Minimum Improvements" as defined in the Agreement) thereon in conformity with the Agreement, any applicable development program, and applicable provisions of the zoning ordinance of the City of Columbia Heights, Minnesota, or for the refinancing of the same. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. DJ096577 CL160-79 E-1 Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum Improvements. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee 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 Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to, (a) Subject to Unavoidable Delays (as defined in the Agreement), fail to carry out its obligations with respect to the construction of the Minimum Improvements, or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within thirty (30) days after written demand from the Grantor to the Grantee to do so; or (b) Subject to Unavoidable Delays the Redeveloper fails to either cure any default under the Agreement within 30 days after receipt of notice of Event of Default; or (c) Cause or permit, in violation of the Agreement, any transfer of the Property or any part thereof, or any change in the ownership or distribution thereof of the Grantee, or with respect to the identity of the parties in control of the Grantee or the degree thereof, and such violation shall not be cured within sixty (60) days after written demand by the Grantor to the Grantee; then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a)-(c) have not been cured within the time periods provided above. SECTION 3. This Deed is also given subject to: DJ~96577 c~o-~ E-2 (a) Covenants, conditions and restrictions contained in the project plan for the Central Business District and the tax increment financing plan for the Medtronic tax increment district, as amended as of the date of the Agreement. (b) Provisions of the ordinances, building and zoning laws of the City of Columbia Heights, and state and federal laws and regulations insofar as they affect this real estate. Grantor certifies that it does not know of any wells on the Property. DJ~96577 c~o-~ E-3 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be hereunto affixed this __ day of , 199 . HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) SSo COUNTY OF ANOKA ) On this day of , 19 , before me, a notary public within and for Anoka County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chair and Executive Director Housing and Redevelopment Authority of Columbia Heights, Minnesota (the "Authority") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed on behalf of said Authority pursuant to a resolution of its governing body; and said Chair and Executive Director acknowledged said instrument to be the free act and deed of said Authority. This instrument was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Notary Public DJ~96577 ¢~o-?~ E-4 CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION:~ PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROVAL ITEM: AUTHORIZE SUBMITTAL OF FINAL BY: P. HENTGES BY: [ ~_ ~ APPLICATION TO THE MN DEPT. OF TRADE DATE: 11-7-95 DATE: No:~NOMIC DEVELOPMENT Attached please find the preliminary application to the Minnesota Department of Trade and Economic Development for grant and loan assistance related to the Medtronic's expansion project on 53rd Avenue. Previously, the City Council authorized approval of a $500,000 combination preliminary application to the Minnesota DTED's Development Recovery Fund. The application requests $250,000 grant to the City for the purpose of financing the costs of public improvements associated with the Medtronic's expansion, including the sewer main upgrades/relocation, sedimentation holdings, trail extension, landscaping/screening perimeter of the park and church property, and related engineering design and inspection. The $250,000 below market loan is also requested of DTED as an incentive to assist Medtronic with a portion of the Capital Equipment related expenditures. Essentially, the $250,000 loan will go to the City, and in turn to Medtronic's. Medtronic will repay the City for the loan. A feature of the program allows the City to retain the first $110,000 principal, plus interest, with the $140,000 balance plus interest repaid to the State. The terms and conditions of the loan will be negotiated between the City, Medtronic's, and DTED. The City does not have a security responsibility for the repayment of the loan. RECOMMENDED MOTION: Move to authorize preparation and submittal of the final application to the Minnesota Department of Trade and Economic Development for an economic recovery grant/loan in the amount of $500,000. COUNCIL ACTION: Business and Community Development Application Part I Applicant Information Section I (for state use only) Section II: See instructions for completion on the reverse side of this form. Applicant: City of Columbia Heights On behalf of: Medtronic, Incorporated Communities served: Columbia Heights, Minnesota Region: 11 Leg.: 52 Cong.: 6 Init. Fund: ] ] County: Anoka Section III Contact Person Name: Title: Address: Tina Goodroad Zoning/Grants Coordinator 590 40th Avenue N.E. Columbia Heights, MN 55421 Phone#: (612)782 - 2856 Fax#:(612)782 -2857 lA Business and Community Development Application Part I Community Needs Statement COMMUNITY PROFILE: Columbia Heights, Minnesota is an inner-ring suburb in the Minneapolis-St. Paul Metropolitan area, situated in Anoka County. The City encompasses an area of 3.5 square miles and has a population of 18,910. Columbia Heights borders Minneapolis on the south and is only 5 miles from downtown Minneapolis and 15 miles from downtown St. Paul. The City is also within 25 miles of the Minneapolis/St. Paul International Airport. Columbia Heights ia a fully built inner-ring City with only scattered sites available for single family housing and some limited area for expanding companies. Its "built- out" character necessitates an on going redevelopment strategy to revitalize or downsize its housing, commercial and industrial tax base. Moreover, as an aging community, Columbia Heights must deal with demographic trends that are less favorable than the growing suburbs. All together, this places a greater burden on local government to retain or attract new employers. On the positive side, Columbia Heights employment market is attractive to industry and its location is convenient to suppliers and business centers. COMMUNITY TAX BASE INFORMATION: New industrial business and any expansion of local companies will substantially impact the economic vitality of the City in a very positive way. Columbia Heights tax value is low compared to the metropolitan area. Per capita tax capacity (after tax base sharing) for the City is $497 compared to $848 for the metro area. The City's tax base has remained virtually constant for the past two years, and in fact, the total value of commercial and industrial properties has actually decreased slightly. The average Anoka County tax rate is 29.9% and the average City tax rate is 25.7%. ECONOMIC INDICATORS: Other important economic indicators for Columbia Heights relates to its housing affordability. Median Value of homes in Columbia Heights is $73,600 versus $89,311 for the Metro area as a whole. Of the total housing units, over 95% are at least 35 years old, leading to housing maintenance problems. The median household income is low, at $30,469, compared to $36,678 in the metro area, and over 29% of the housing in Columbia Heights is considered affordable. Other factors affecting Columbia Heights standing as an inner-ring suburb includes its low income and senior populations. Increases in these two populations have made it difficult to afford the same level of services provided in high tax base communities: Children below poverty = 16.4% City Population over 65 = 15.4% City 1.1.3% = Metro Area 9.8% = Metro Area These statistics point-out some economic concerns in the City and highlights the immediate importan6e of maintaining the current labor market and providing support for growth and expansion of local companies. (Attach additional sheets if necessary) 2A Business and Community Development Application Part I Cont. COMMUNITY NEEDS STATEMENT EMPLOYMENT BASE: Columbia Heights has 13 major employers with Medtronic Inc. the largest with 340 employees currently. Jobs available in Columbia Heights are concentrated in retail trade (30%) and service (29%). Eight of the thirteen major employers are production, manufacturing and construction related industries. Currently, the metro area is experiencing a greater concentration of employment opportunities in low paying industries. This same growth is in effect in Columbia Heights. The City is actively pursuing ways to assist new companies and local companies that are expanding that will be employing a variety of positions at various levels. Local companies that are expanding and opening a variety of positions of above average pay to residents of Columbia Heights will certainly impact the local economy in a very positive way. FURTHER EXPLANATION OF NEEDS: According to the City Comprehensive Plan, completed in 1992, the City's needs reflected is a result of a survey of all of its residents, including the following: Economic Development/Redevelopment * 80% agree more jobs are needed in Columbia Heights. * 64% agree the City should put more money into attracting new businesses. * 66% support more City-assisted redevelopment of deteriorating industrial and commercial areas. * 58% oppose construction of a light rail transit (LRT) line through the city. * 60% support more redevelopment along Central Avenue. Housinq * 57% disagree that the condition of housing in their own neighborhood is a problem. * 53% disagree that there should be more publicly-assisted housing for the elderly in Columbia Heights. * 64% support more city assistance with renovation of deteriorating housing. * 96% support enforcement of regulations that would require owners to properly maintain houses or apartments. * 74% oppose increased housing density near future light rail transit (LRT). For a broader explanation of city needs please refer to the attached copy of the City Comprehensive Plan. Business and Community Development Application Part I Project Purpose Name of Community/Applicant CITY OF COLUMBIA HEIGHTS, MINNESOTA ~<t# 1: Medtronic, Inc. proposes to expand its Columbia Heights facility as a headquarter/ center for the Neurological Division. This expansion is proposed to be completed in two phases. Phase I includes a 60,000 square feet addition to the current 80,000 square feet building that exists on the property. The new building would be located directly north of the existing building. The first phase also includes construction of an additional 100 parking spaces to the current inventory of 455 spaces. A key component of the proposed project is expansion of the City's storm drainage, water and sewer systems in the area, and the acquisition by Medtronic of a three acre city-owned open space parcel located directly south of their current site. These public infra- structure improvements and land acquisition, which are necessary for this expansion to take place, are beyond the means of what the City can assist with on it own. A second phase is expected to occur in five years. This involves the construction of another 60,000 square feet building directly south of the existing building, located on the open space parcel. An additional 226 parking spaces would be constructed in conjunction with phase II. Upon completion of Phase I and Phase II, the 11.7 acre site would be home to 200,000 square feet of building coverage. The site will have 881 total parking spaces to accommodate approximately the 820 employees who would report to work during three overlapping shifts. This results in a net gain of 450 new employees over a ten year period, of which 250 new employees will be guaranteed in Phase I. Of these 250 new jobs, half are office type management and half are production positions. All of the new positions are above average paying jobs which will add substantial benefit to the local employment base. For the development of Phase I and II there are three public issues related to funding for various site development problems. The development problem include upgrading the public facilities, addressing the sites compact nature, anticipated soil problems, and accommodating employee parking demands. In order to facilitate the expansion of the Neurological Division in Columbia Heights, the key public costs and issues are summarized as follows: * Replacement cost for the three acre city-owned open space parcel is valued at $2.75/sq. ft. or $360,000. * Extension of sewer main and increased lift station capacity at a cost of $125,000. * Construction of a sedimentation basin at a cost of $45,000. *Accommodation of extraordinary landscaping, screening, and berming along 53rd Avenue and the south parking lot line at a cost of $35,000. *An extension of the walking trail along the south property line to either 53rd Avenue or 51st Avenue at a budgeted cost of $26,000. *Extraordinary soil correction improvements for the building pads and other site utility issues at a budgeted cost of $463,000. * Accommodate the employee parking needs caused by over lapping shifts, by expansion and realignment of parking lots at a cost of $381,000. * Engineering, design, title work for public improvements, and other public related costs in the amount of $63,000. 3A PROgECT FEA~JTY AGREE~fl~NT THIS AGREEMENT dated thi~ ~ day of , 1995 by and among THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, a publ/c body politic and corporate (the "Author/ty"), THE CITY OF COLUMBIA HEIGHTS, a home rule chaz-ter City and municipal corporation under the laws af l~nesota (the, City" ), and NEUROLOGICAL DIVISION, MEDTRONIC, INCORPORATED, A MINNESOTA CORPORATION (the "Developer"): WITNESSETH: WHEREAS, the Developer has eXplored sites throuF~hout the metropolitan area, Minnesota, and the United States. WHEREAS, the site of the Developer's existin~ facil/ty at 800 S3rd Avenue in Columbia He/~hts (the "Site") is a desirable site for a planned expansion of the exts~ln~ facility (~he "P~oject"). WHEREAS, ther~ are site development problems z~lattn~ to soil conditions and publ/c impz'ovement issues that vequiz~ public involvement and incent/ves to m~ke the Site competitive w/~h other sites. WHEREAS, the Project will have a sicniflcant economic impact on the City of Columbia HeiF, hts. NOW, THEREFORE, in consideration of the mutual covenants of the p&z'~tes hereto, IT IS AGREED among the parties as follows: The Developer will further explore the feasibil/ty of expand/n/; its facilities at the Site, which is descm~bed in Exhibi't A attached hereto and incoz-porated herein by reference. The City and the Authm4ty acres to explore the feastb/lity of available to the Developer 3.6 acres of passive ~'~een spac~ az~a adjacent to the Site (the "Green Space"), as it/s a central element of the P~oject. The Green Spac~ is included as part of the Site as described in Exh/bit A. The City and the Authority hersby al~e to explore the feasibility of providin~ the Developer w/th and assisting the Developer in obta/ning Tax Incz~ment FinancinC and other state and local development incentives. The City and the Autho~'ity fuz~her agree to ~ake the steps necessary to establish public heaz,in~,~ and mee~ z~lated to providln~ or obt~t~.~ any such financing incentives. t The Developer a&,rees to provide prel/m/nary site development plans and huformat, ion sufficient to enable the City and the Authority to evaltmte the impact of the Project on the neiKhborhoods with/n the City. Th/s A~reement shall expire 90 days after it is executed by all the parzles, unless first extended by wr/tten a~reement of all the paz~dee. The Developer a~-rees to' r~tmburse the City and the Authority for any c~sm incut~l'~d by the Cit~ or the Authority in oonnection with the preparation and negotiation of this A~menl and ~y other ~ents ~d do~menls ~ted to the P~Ject, ~u~, but not ~t~ to, costs of a~orneys ~d o~r co~~ts. T~ Developer s~ not, however, be obH~ted ~o ~burse ~e Cl~ ~ ~e Au~o~ fo~ ~e s~f ~sts of Ci~ o~ Autho~ employ~ ~volved ~ ~e p~flo~ o~ ne~a~ons ~ted to ~e P~t. The Dev~er s~ be ob~ted ~o ~imbu~e ~e City ~d Ihs Autho~ pu~u~t to t~ A~menl ~dless of whether the P~j~t is unde~en or ~leted. CITY OF COLUMBIA HEIGHTS By Its Mana~er By. Its Mayor HOUSING A.ND REDEVELO~T AUTHORITY OF COLUMBIA HEIGHTS By. Its Chair By Its Execu~ve Director NEUROLOGICAL DIVISION MEDTRONIC, INC, By_ ~ hc~lption and ~sp a[~ ~ SIt~ The P~ject Site a~ con~st of the p~ls of ~d le~y dea~bed ~ foB~: ~DTRONIC PROPERTY T~ct B ~ Re~ste~d ~nd S~ey No. 63 ~ F~ of the Re~stmr of Ti~es~ Ano~ County, ~eso~a CITY PASSIVE GREF/~ SPACE AREA, North Thr~ and Six Tenths (3.6) acres of Lots Seven (7) and Eight (8), Auditor's Subdivision No. 51, according to the duly recorded plat thereof on file and of x~cord in the Office of the Re,stet of l~eds, Anoka Count~, Minnesota. CITY COUNCIL LETTER Meeting of December 11, 1995 AGENDA SECTION: PUBL I C I-IEARI NG$ ORIGINATING DEPARTMENT: CITY MANAGER /~, Fire APPROVAL NO: ITEM: Rental ClosingLicense Hearing/Adopt Revocation Resolution BY: Lowell DeMars DA . DATE: Nov 30, 1995 Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Robert C. Witt regarding rental property at 4222 Monroe Street NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 95- 80 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 95- 80 , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Robert C. Witt Regarding Rental Property at 4222 Monroe Street NE. ALTERNATE MOTION:' Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Robert C. Witt Regarding Rental Property at 4222 Monroe Street NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 95-248 ICOUNCIL ACTION: RESOLUTION 95- 80 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ROBERT C. WILT, (HEREINAFTER "LICENSE HOLDER" ). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4222 MONROE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 30, 1995 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 11, 1995. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on AUGUST 25, 1995, Richard Hinrichs, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4222 MONROE STREET, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by ROBERT C. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4222 MONROE STREET the provisions of the Columbia Heights City Code as Compliance Order attached hereto; is in violation of set forth in the 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to 'the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1047-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE- AYES- NAYS' ATTE S T: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH S TURDEVANT MAYOR CHRONOLOGICAL LOG PROPERTY ADDRESS: 4222 MONROE STREET OWNER: ROBERT C. WI'Ir AUGUST 25, 1995 .... INITIAL INSPECTION PERFORMED (13 VIOLATIONS) AUGUST 29, 1995 .... OWNER NOTIFIED OF VIOLATIONS (TODD WITT, SON) TENANT NOTIFIED OF VIOLATIONS OCTOBER 12, 1995 .... RE-INSPECTION PERFORMED. (ALL VIOLS. REMAIN) RE-INSPECTION FEE ASSESSED OCTOBER 18, 1995 .... OWNER NOTIFIED VIA CERT. MAIL OF REMAIN. VIOL. OWNER NOTIFIED OF POSS. REVOC. DATE NOVEMBER 27, 1995...FINAL INSPECTION PERFORMED. OWNER NO-SHOW ALL VIOLATIONS REMAIN RE-INSPECTION FEE ASSESSED NOVEMBER 30, 1995...OWNER NOTIFIED OF REV. HEARING VIA CERT. MAIL TENANT NOTIFIED OF REVOCATION HEARING DECEMBER 1, 1995 .... STRUCTURE POSTED WITH REV. HEARING NOTICE POSTING INSPECTION FEE ASESSED CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT $5S MILL STREET NE COLUMBIA HEIGBTS, MN. $5421 TELE: 782-2835 ROBERT C. WITT 1194 CARLTON DRIVE ST. PAUL, MN. 55112 DATE: NOVEMBER 30, 1995 STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING .FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the l lth day of December, 1995, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shall consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of ROBERT C. WITT located at ~1222 MONROE STREET. STATEMENT OF CAUSE FAILURE TO CORRECT HOUSING CODE VIOLATIONS ( SEE ATTACHMENT) As of this date, November 30, 1995, the above outlined violations have not been corrected. AN ATTEMPT TO PERFORM A FINAL INSPECTION OF THIS PROPERTY WAS PERFORMED ON NOVEMBER 27, 1995, AT WHICH TIME NEITHER T~ OWNER NOR HIS REPRESENTATIVE APPEARED FOR THIS INSPECTION AND AS OBSERVED, THERE HAD BEEN NO CORRECTIONS MADE OF THE VIOLATIONS AS CITED. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or SA, or of state law, shall be prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee. PLEASE BE ON' NOTICE that off ~he llth 4ay of December, 1995, at 7.-00 p.m. or as soon thereafter as may be heard, the Oit¥ ~ Columbia Heights City Council shall hold a Public Hearing to address the issue of revocmtion of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issues. Lowen s. DeMars Assistant Fire Chief Enforcement Officer cc: Tenants CITY OF (X)LUMBIA HEIGHTS FIRE DEPARTMENT $~$ MILL S'I~I~T NE COLUMBIA HEIGHTS~ MN. $5421 TELE: 782-2835 TO: RENTAL TENANT 4222 MONROE STREET COLUMBIA HEIGHTS, MN. 55421 DATE: NOVEMBER 30, 1995 ENCLOSED IS A COPY OF A NOTICE SENT TO THE O~qER OF THE RENTAL PROPERTY LOCATED AT 4222 MONROE STREET. THE OWNER HAS FAILED TO CORRECT THE OUTSTANDING HOUSING MAINTENANCE CODE VIOLATIONS AS DESCRIBED ON THE OFFICIAL NOTICE PRIOR TO NOVEMBER 27, 1995. A PUBLIC HEARING WILL BE HELD AT THE DATE AND TIME AS DESCRIBED ON THE OFFICIAL NOTICE. THIS HEARING COULD AFFECT YOUr AND IS FOR YOUR INFORMATION ONLY. YOU WILL HAVE THE RIGHT TO BE HEARD AT THIS HEARING WHEN THE HEARING TAKES PLACE IF YOU SO DESIRE. PROBER Chief Col umbia Date: 11-30-1995 Violation Number Reslv? OWNER ID: 10025 PROPERTY ID: 10025 OCCUPANCY ID: 0 INSPECTION DATE: 11-27-1995 DAlE/NEXT INSP: Heights Fi re Department CH Violations by Inspection From Date:il-27-1995 To Date:il-27-1995 (CH*A01) FOllow-up Date Inspection Activity OWNER ORGANIZATION: WITT SINGLE FAHILY RENTALS PROPERTY MAHE/DESC: 4222 XOMRDE ORGANIZATION MANE: INSPECTION TYPE: INSP DISTRICT: WITT SINGLE FAMILY RENTALS 94 H.H.C.FOLLON-UP FINA 343 Page I: 1 #arning Injunction Citation Referred To Ltr Oate Date Number CONTACT MAHE: #ITT, ROBERT C. OCCUP CONTACT: NITT, TODD START TIHE: 1615 FINISH TIME: PARCEL NUHBER: 1630 11-27-1995 5 CITY ORDINANCE Viol. Code Section: 11-30-1995 Violation Details: THE FOLLOWING CODE VIOLATIONS REMAIN UNCORRECTED FROM THE INITIAL INSPECTIOH DATED 8-25-95: 1...NORTHEAST BEDROOM LIGHT FIXTURE DAMAGED 2...NORTHWEST BEDROOM LIGHTSWITCH PLATE HISSING 3...CEILING LIGHT DOES NOT HEET ELECTRICAL CODE REQUIRENENTS 4...CEILING DOES NOT HEEl CODE REQUIREHENTS 5...REAR ENTRYMAY FLOOR, TILES HISSING 6...RECEPTICLE COVERS MISSING IN 8ASEHENT 7...HAIN SEWER STACK LEAKING IN BASEHENT 8...DEAD TREE ON EAST SIDE OF GARAGE 9...TALL GRASS AND WEEDS ON NORTH SIDE OF GARAGE IO..RETAINING WALLS, EAST SIDE OF GARAGE AMD SOUTH ~ROPERTY LINE DETERIORATED ll..HOLE IN OVERHANG ABOVE REAR ENTRY DOOR 12..BUSHES ALONG SOUTH SIDE OF HOUSE RUBBING ON HOUSE 13..BARE AREAS OF LANDSCAPE ALONG SOUTH SIDE CORRECTIVE ACTIONS REQUIRED: 1...SHALL REPAIR/REPLACE NORTHEAST BEDROOM LIGHT 2...SHALL; INSTALL SWITCHPLATE COVER IN NORTHWEST BEDROOm 3...SHALL REPLACE DAMAGED LIGHT TO CODE REQUIREHENTS CITY COUNCIL LETTER Meeting of December 11, 1995 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ( ,o ITEM: Rental ClosingLicense Hearing/Adopt Revocation Resolution BY: Lowell DeMars ,~ BYA.' ~..-~ ~ ~~ DATE: Nov 30, 1995 D Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Larry J. Kahlow regarding rental property at 3727 Reservoir Boulevard NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 95- 81 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 95- 81 , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Larry J. Kahlow Regarding Rental Property at 3727 Reservoir Blvd NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Larry J. Kahlow Regarding Rental Property at 3727 Reservoir Blvd NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 95-249 COUNCIL ACTION: RESOLUTION 95- 81 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LARRY I. KAItLOW, (HEREINAFTER "LICENSE HOLDER" ). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3727 RESERVOIR BLVD, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 11, 1995. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on AUGUST 28, 1995, Matthew D. Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 3727 RESERVOIR BLVD, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by LARRY I. KAl[LOW. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3727 RESERVOIR BLVD the provisions of the Columbia Heights City Code as Compliance Order attached hereto; is in violation of set forth in the 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to t'he revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to t'he license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have. been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-0886-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held hy License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES' NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CHRONOLOGICAL LOG PROPERTY ADDRESS: 3727 RESERVOIR BLVD OWNER: LARRY I. KAHLOW AUGUST 18, 1995 .... INITIAL INSPECTION PERFORMED (28 VIOLATIONS) AUGUST 22, 1995 .... OWNER NOTIFIED OF VIOLATIONS VIA REGULAR MAIL TENANTS NOTIFIED OF VIOLATIONS VIA REGULAR MAIL OCTOBER 11, 1995 .... RE-INSPECTION PERFORMED. (18 VIOLATIONS REMAIN) OCTOBER 18, 1995 .... OWNER NOTIFIED OF UNCORRECTED VIOLATIONS OWNER ASSESED RE-INSPECTION FEE OF $40.00 OWNER NOTIFIED OF SCHEDULED FINAL INSP. DATE/TIME OWNER NOTIFIED OF SCHEDULED DATE OF REV. HEARING NOVEMBER 20, 1995...FINAL RE-INSPECTION PERFORMED. OWNER NO-SHOW. RE-INSPECTION FEE ASSESSED NOVEMB ER 28, 1995...REVOCATION HEARING NOTICE POSTED ON STRUCTURE RE-INSP. POSTING FEE ASSESSED $40.00 NOVEMBER 29, 1995...OWNER NOTIFIED OF REVOCATION HEARING DATE-TIME VIA CERTIFIED MAIL TENANTS NOTIFIED OF REVOCATION HEARING DATE-TIME VIA REGULAR MAIL CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 LARRY J. KAHLOW 11008 RADISON ROdff) BURNSVILLE, MN. 55337 Date: NOVEMBER 28, 1995 STATEMENT OF CAUSE AND NOTICE OF PUBLIC ~ARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the llth day of December, 1995, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shah consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of LARRY J. KAHI~W LOCATED AT 3727 RESERVOIR BLVD. STATEMENT OF CAUSE FAILURE TO CORRECT HOUSING CODE VIOLATIONS FAILURE TO SUBMIT RE-INSPECTION FEES (. SEE ATTACHMENT) As of this date, November 19, 1995, the above outlined violations have not been corrected. A FINAL INSPECTION OF THIS PROPERTY WAS PERFORMED ON NOVEMBER 20, 1995, AT WHICH TIME THE ABOVE NOTED VIOLATIONS HAD NOT BEEN CORRECTED. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violat.~on of any provisions of Chapters 5 or 5A, or of state law, shah be prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the llth day of December, 1995, at 7:00 p.m., or as soon thereafter as may be heard, the City of Columbia Heights City Council shall hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issues. Lowell G. DeMa r s Enforcement Officer cc: TENANTS CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: RENTAL TENANT 3927 RESERVOIR BLVD (UPPER UNIT) COLUMBIA HEIGHTS, MN. 55421 DATE: NOVEMBER 28, 1995 TENANT NOTICE ENCLOSED IS A COPY OF A NOTICE SENT TO THE OWNER OF THE RENTAL PROPERTY LOCATED AT 3927 RESERVOIR BLVD. A PUBLIC REVOCATION HEARING WILL BE HELD AT THE DATE AND TIME AS DESCRIBED ON THE OFFICIAL NOTICE. THIS HEARING COULD AFFECT YOU: AND IS FOR YOUR INFORMATION ONLY. YOU WILL HAVE THE RIGHT TO BE HEARD AT THIS HEARING IF YOU SO DESIRE. PROBER Chief Co i um bi a Date: 11-28-1995 Violation Number Reslv? OWNER ID: 20378 PROPERTY ID: 20578 OCCUPANCY IO: 0 INSPECTION DATE: 11-20-1995 DATE/NEXT INSP: Heights Fi re Department CH Violations by Inspection From Date:ll-20-1995 To Date:il-20-1995 (CH*AOi} Follow-up Date Inspection Activity OMNER ORGANIZATION: KANLO# DUPLEX RENIALS PROPERTY NAME/DESC: 3727 RESERVOIR ORGANIZATION NAME: INSPECTION TYPE: INSP DISIRtCI: KAHLOM DUPLEX RENTALS 93 H.M.C.FOLLOW-UP 2 Page I: 1 Warning Injunction Citation Referred To Ltr Date Date Number CONTACT NAME: KAHLOW, LARRY J. OCCUP CONTACI: KAHLOW, LARRY J. START TIME: 1600 FINISH TIME: PARCEL NUMBER: 5 CITY ORDINANCE Viol. Code Section: 11-28-1995 Violation Details: I~E FOLLOWING CODE VIOLATIONS RE~AtN UNCORRECTED FROM TNE INITIAL INSPECTION DATED 8-18-95: LOWER UNII: 2...FRONT BEDRO0~ DOOR HANDLE DAMAGED 5...EASI BEDROOM, HOLE IN WALL BEHIND DOOR IO..DINING ROOM CARPEl DETERIORATED 11..HALLWAY LIGHI FIXlURE NOT WORKING 12..KITCHEN DRAWER DAmAGED/MISSING 13..KITCHEN CABINET DOOR UNDER SINK MILL NOT CLOSE 15..AUTO~OTICE BAITERIES STORED IN LAUNDRY RO0~ 17..LOWER BATHROOM, DOOR TORN OFF HINGES lB..LOWER BATNROOM, MOLDING AROUND TUB LOOSE 19..lDILE) LOOSE AT BASE. NAX RING PROBLEM UPPER UNIl: 20..DINING ROD~ PAINT DETERIDRAIED PROBER Chief Co 1 um bi a Date: 11-28-1995 Violation Number Reslv? Heights Fi re Department CH Violations by Inspection From Date~:ll-20-1995 To Date:ll-20-19~5 (CH*A01) Follow-up Date Inspection Activity Page 1: #arning Injunction Citation Referred To Ltr Date Date Number UPPER UNIT: 20..SHALL REPAIR, SAND SMOOTH AND PAINT DINING ROON CEILING AND WALLS 2$..SHALL REPAIR, SAND SMOOTH AND PAINl BEDROOM CEILING 24..SHALL REPAIR, SAND SMOOTH AND PAINT HALLWAY CEILING 25..SHALL INSTALL DOOR ON BEDROOM 27..SHALL REMOVE TIRES FROM REAR PORCH 2B..SHALL REPLACE ALL DAMAGED MINDOWS ON 1ST FLOOR, NORTH SIDE NEW VIOLATIONS 11-20-95: 1...SHALL REPLACE DAMAGED FRONT PICTURE WINDOW 2...SHALL REMOVE ALL STORAGE FROM FRONT PORCH 3...SHALL REPLACE DAMAGED/DETERIORATED FRONT STORM DOOR PROBER Chief Col umbia Date: 12-11-1995 (CH*A01) Violation Follow-up Number Reslv? Date ONNER ID: 10089 PROPERTY ID: 10089 OCCUPANCY ID: 0 INSPECTION DATE: 12-11-1995 DATE/NEXT INSP: Heights Fi re Department CH Violations by Inspection From Date: 12-11-1995 To Date: 12-11-1995 Inspection Activity O#NER ORGANIZATION: SIKKA SINGLE FAMILY RENTALS PROPERTY NAME/DESC: 4217 CENTRAL ORGANIZATION NAME: INSPECTION TYPE: INSP DISTRICT: SIKKA PROPERTIES 94 H.M.C.FOLLO#-UP FINA 614 Narning Injunction Referred To Ltr Date Date CONTACT NANE: SIKKA, DALJIT S. OCCUP CONTACT: SIKKA,, O.J. START TIME: 1600 FINISH TIME: PARCEL NUMBER: Page I: 1 Citation Number 11-27-1995 5 CITY ORDINANCE Viol. Code Section: Violation Details: THE FOLLDNING VIOLATIONS REMAIN UNCORRECTED FROM INE INITIAL INSPECTION DATED B-16-95: 9...ELECTRICAL JUNCTION BOXES IN BASEMENT #ITH EXPOSED #1RING 13..MISCELLANEOUS TRASH/OEBRIS IN YARD LARGE PILE OF OLD PLY#OOD NEXT TO SHED OLD FOLDING TABLE LEANING UP AGAINST HOUSE EXTENSION CORD RUN THROUGH BACK DOOR OUT TO PARKING AREA LARGE PIECES OF TRASH/STORAGE ON NORTH SIDE OF NOUSE FRONT OF HOUSE HAD MODERATE PILE OF OLD CHIP BOARD SNELVING TIRE TRACKS ALL OVER FRONTY~RD UTILITY TRAILER PARKED ON LARD$~PE aREA IM REAR PLASTIC KIDS TOYS LITERED FRONT YARD TREE SCRAPS AND LIMBS IN FRONT YARD 14..MISCELLANEOUS STORAGE IN YARD (SEE ABOVE) CITY COUNCIL LETTER Meeting of December 11, 1995 AGENDA SECTION: PUBL I C HEAR I NG $ ORIGINATING DEPARTMENT: CITY MANAGER /~ Fire APPROVAL NO: ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars //_ BY: Rental License Revocation DATE: Dec 5, 1995 DATE: NO: Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Daliit S. Sikka regarding rental property at 4217 Central Avenue NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 95- 82 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 95-82 , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Daljit S. Sikka Regarding Rental Property at 4217 Central Avenue NE. ALTERNATE MOTION:. Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Daljit S. Sikka Regarding Rental Property at 4217 Central Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 95-250 COUNCIL ACTION: RESOLUTION 95- 82 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY DALJIT S. SIKKA, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4217 CENTRAL AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 1, 1995 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 11, 1995. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on AUGUST 16, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4217 CENTRAL AVENUE, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by DALJIT S. SIKKA. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A. 303(1.)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4217 CENTRAL AVENUE the provisions of the Columbia Heights City Code as Compliance Order attached hereto; is in violation of set forth in the 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license ~eld by License Holder. 3. That aH applicable rights and periods of appeal as relating to 'the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1.. The rental license belonging to the License Holder described herein and identified by license number F-1027-95 is hereby revoked/suspended (cross out one); 2. The City shah post for the purpose of preventing occupancy a copy of this order on 'the buildings covered by the license held by License Holder; 3. All tenants shah remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by Licen se Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY J OS EPH S TURDEV~T MAYOR CHRONOLOGICAL LOG PROPERTY ADDRESS: 17 CE~ AVENUE OWNER: DALIIT S. SIKKA AUGUST 16, 1995 .... INITIAL INSPECTION PERFORMED (14 VIOLATIONS) AUGUST 22, 1995 .... OWNER NOTIFIED OF VIOLATIONS TENANT NOTIFIED OF VIOLATIONS OCTOBER 6, 1995 .... RE-INSPECTION PERFORMED. (ALL VIOLS. REMAIN) RE-INSPECTION FEE ASSESSED TWO ADDITIONAL VIOLATIOI~S NOTED OCTOBER 17, 1995 .... OWNER NOTIFIED REMAINING VIOLATIONS OWNER NOTIFIED OF POSS. IiLEVOC. DATE RE-INSPECTION FEE ASSESSED - $40.00 NOVEMBER 17, 1995...FINAL RE-INSPECTION ATTEMPTED. OWNER NO-SHOW ALL VIOLATIONS REMAIN RE-INSPECTION FEE ASSESSED ADDITIONAL VIOLATIONS NO,TED 1. OLD BUS IN DRIVEWAY 2. ELEC. CORDS RUNNING TO BUS THRU DOORS OWNER CAME TO STATION. PAID RE-INSP. FEE OWNER SET NEW RE-INSP DATE FOR 11-27-95 NOVEMBER 27, 1995...OWNER REQUESTED EXTENSION TO DECEMBER 5, 1995. DECEMBER 1, 1995...OWNER NOTIFIED OF REV. HEAt;LING VIA CERT. MAIL TENANT NOTIFIED OF REVOCATION HEARING DECEMBER 1, 1995 .... STRUCTURE POSTED WITH REV. HEARING NOTICE POSTING INSPECTION FEE ASESSED - $40.00 DECEMBER 5, 1995 .... SCHEDULED RE-INSPECTION CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: DALJIT SIKKA DATE: 6010 HIGHWAY 7 ST. LOUIS PARK, MN. 55416 DECEMBER 1, 1995 STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the llth day of December, 1995, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shall consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of DALJIT SIKKA located at 4317 CENTRAL AVENUE. STATEMENT OF CAUSE FAILURE TO CORRECT HOUSING CODE VIOLATIONS (SEE ATTACHMENT) As of this date, November 30, 1995, the above outlined violations have not been corrected. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or SA, or of state law, shall be prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the llth day of December, 1995, at 7:00 p.m. or as soon thereafter as may be heard, the City of Columbia Heights City Council shall hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issues. Lowell G. DeMars Assistant Fire Chief Enforcement Officer cc: Tenants CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT $55 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: RENTAL TENANT 4217 CENTRAL AVENUE COLUMBIA HEIGHTS, MN. 55421 DATE: NOVEMBER 30, 1995 TENANT NOTICE ENCLOSED IS A COPY OF A NOTICE SENT TO THE OWNER OF THE RENTAL PROPERTY LOCATED AT 4217 CENTRAL AVENUE. THE OWNER HAS FAILED TO CORRECT THE OUTSTANDING HOUSING MAINTENANCE CODE VIOLATIONS AS DESCRIBED ON THE OFFICIAL NOTICE PRIOR TO NOVEMBER 30, 1995. A PUBLIC HEARING WILL BE HELD AT THE DATE AND TIME AS DESCRIBED ON THE OFFICIAL NOTICE. THIS HEARING COULD AFFECT YOU, AND IS FOR YOUR INFORMATION ONLY. YOU WILL HAVE THE RIGHT TO BE HEARD AT THIS HEARING WHEN THE HEARING TAKES PLACE IF YOU SO DESIRE. PROBER Ch i e f Co 1 umb i a Date: {1-21-1995 Violation Number Restv? He i ght s Fi re Depot t ment CH Violations by Inspection From Date:il-17-1995 To Date:Il-17-1995 Follow-up Date Inspection Activity Page [: 2 laming Injunction Citation Referred To Ltr Date Date Number 14..MISCELLANEOUS STORAGE IH YARD IS.,*NEW*..OLD BUS PARKED tM DRIVEWAY WITH EXPIRED PLATES AND ELECTRICAL CORDS RUNNINO FROM IT TO THE HOUSE, CORRECTIVE ACTIONS REQUIRED: ],..SEALL REPLACE FRONT BEDROOM DOOR 2.,.SHALL REPLACE SMOKE DETECTORS, MAIN FLOOR, SECOND FLOOR AND BASEMENT 3,..SHALL REPAIR/REPLACE ALL DAMAGED AND MISSING STORM WINDOWS 4...SHALL REPLACE ALL DAMAGED/MISSINC WINDOW AND DOOR SCREENS 5.,.SHALL INSTALL WINDOW LOCKS ON ALL WINDOWS 6..,SHALL INSTALL HANDLES ON ALL {iNDO~S ~..,SHALL i!ISIALL VENTING FOR DRYER TO OUTSIDE 8 ,SHa~,l, RFPAIk[REPALCE OPEN ELECTRICAL JUNCTION BOXES IN BASEMEN;, LICENSED ELECTRICIAN AND PERMITS REQOIRED O,..SHALL SHEETROCK UNDERSIDE OF BASEMENT STAIRWAY USING 5[8 INCH SHEETROCK. JOINTS SHALL BE TIGHT FITTING IO,,SHALL REPLACE DOORKNOB ON 2ND FLOOR DOOR {{..SHALL REMOVE ALL TRASH, DEBRIS AND STOIAOE FRON YARD PROBER Ch i e f C:o I umb i a Date: 11-21-1995 Violation Nunber leslv? He i ght s Fi re De par~tment CH Violations by Inspection From Date:ll-17-1995 To Date:Il-17-1995 (CH*tO1) Follow-up Date Inspection ActivitI Warning Referred To Ltr Date Injunction Date 14..#ISCELLANEOUS STORAGE IN YARD 15.,*NEW*..OLD BUS PARRED I# DRIVEWAY WITH EXPIRED PLATES AND ELECTRICAL CORDS RUNNING FRON IT ~ THE HOUSE, CORRECTIVE ACTIONS REQUIRED: I...SHALL REPLACE FRONT BEDROOW DOOR 2,,,SHALL REPLACE SNOKE DETECTORS, NAIN FLOOR, SECOND FLOOR AND BASEWENT 3...SHALL REPAIR/REPLACE ALL DAWAGED AND WISSING STORW WINDOWS 4..,SHALL REPLACE ALL DAWAGED/WISS]NG WINDOW AND DOOR SCREENS 5...SHALL INSTALL WINDOW LOCKS ON ALL WINDOWS 6...SHALL ]NSTALL HANDLES ON ALL WINDOWS 7...SHALL INSTALL VENTING FOR DRYER TO OUTSIDE ~...SHti. L REPAIL/REPALCE OPEN ELECTRICAL JUNCTION BOXES IN BASEWENT. LICENSED ELECTRICIAN AND PERWITS REQUIRED 9...SHALL SHEETROC[ UNDERSIDE OF BASEWENT STAIR{AY USING 5/N IWCH SHEETROCK. JOINTS SHALL BE TIGHT FITTING fO.,SHALL REPLACE DOORKNOB ON 2ND F~OR DOOR 11.,SHALL REWOVE ~LL TRASH, DEBRIS A~ ~TORAGE FlOW YARD Page l: 2 Citation Number CITY COUNCIL LETTER MEETING OF: DECEMBER 11, 1995 AGENDA SECTION: I'rFM$ FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO.: 7 Other Resol ut |ons/0rdi n.~nces CITY MANAGER APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: PATRICK HENTGES BY: BUDGET FOR THE YEAR 1996 AND SETTING THE TAX LEVY COLLECTABLE FOR THE DATE: DEC. 4, 1995 YEAR 1996 7. A,I) On November 30, 1995, the City Council held the Truth in Taxation budget/levy hearing. At that time, it was announced that the proposed levy was an increase of $60,152 over the 1995 levy. This equates to a residential property tax increase of 1.25%, or an annual increase of approximately $2.31 on a $70,000 home. With the shifting of property values and the decrease in county and school district taxes, the average resident will see a total decrease of 13.81% on their property tax bill. This equates to a total residential reduction in taxes of $135 on a $70,000 home. At the budget work session on November 20, 1995, the City Manager reviewed the changes to the final budget. These changes included transfers from the General Fund of $50,000 to the Street Infrastructure Fund, and the $79,000 to the Parks Capital Fund. The City Manager's recommendation was that these transfers be made up to these amounts if there is adequate fund balance remaining at the end of 1995. This has been incorporated into the attached resolution. 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-_170 Being a Resolution Adopting a Budget for the Year 1996 and Setting the Tax Levy Collectable for the Year 1996 in the amount of $2,754,161. WE:dn 9512041 Attachments: Resolution Summary Cut Sheet COUNCIL ACTION: RESOLUTION 95- 8:~ RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A BUDGET, AND SETTING THE CITY AND HRA LOCAL LEVY " NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 1996 is hereby approved and adopted with appropriations for each of the funds as listed below. Included in these appropriations is the rebudgeting of the projected 1995 fund balance, including a transfer up to $50,000 from the General Fund to the Street Infrastructure Fund, and up to $79,000 from the General Fund to the Parks Capital Fund, depending upon availability of remaining 1995 fund balance. General Fund Community Development Admin CDBG/HOME Parkview Villa North Parkview Villa South Para Transit Fund State Aid Maintenance Cable Television Fund Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund Multi-Use Redevelopment Infrastructure Fund Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Util~ Fund Refuse Fund Water & Sewer Construction Funds Energy Management Data Processing Police/Fire Cont Reserve Debt Service Fund Total Expense Including Interfund Transfers Expense 6,985,790 779,621 364,309 259,417 137,479 93,482 124,486 90,863 440,406 6,325 100,522 42,576 3,175 608,152 27,060 200,000 328,269 358,692 5,641,834 1,342,439 1,380,236 1,303,091 339,000 346,866 97,929 118,783 2,946,536 24,467,338 Section B. The estimated ad valorem tax levies, as hereinafter set forth for the year 1996: General Fund Community Development Admin CDBG/HOME Parkview Villa North Parkview Villa South Para Transit Fund State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund Multi-Use Redevelopment Infrastructure Fund Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Funds Energy Management Data Processing Pension Reserve Debt Service Fund Total Revenue Includin.(I Interfund Transfers gross revenue to fund the budget of the City of Columbia Heights for all funds, including general Revenue Available 6,985,790 779,621 364,309 259,417 137,479 93,482 124,486 90,863 440,406 6,325 100,522 42,576 3,175 608,152 27,060 200,000 328,269 358,692 5,641,834 1,342,439 1,380,236 1,303,091 339,000 346,866 97,929 118,783 2,946,536 24,467,338 Section C. The following sums of money are levied for the current year, collectable in 1996, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated Local Levy Total Levy 688,931 2,065,230 2,754,161 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy Budget for fiscal year 1996 in the amount of $72,191.70. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this__ Offered By: Seconded By: Roll Call: day of 1995 Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary F:\HO M E'¢ E AN,A\BU DG E~ 96~S U M~R E S P96'a I __ iLl. 0 o.,:q 8ooooo° o o 0 iQ) o 6 ~oi~~ CITY COUNCIL LETTER MEETING OF: DECEMBER 11, 1995 AGENDA SECTION: ITEMS FOR CONSlDERA ORIGINATING DEPT.: CITY MANAGER NO: 7 ~ION: Resol ut ions/0ra i nantes FINANCE APPROVAL ITEM: RESOLUTION INCREASING BY: JUNE JOI-J~TC~~"B ,Y~7~"~ I_~_ INCOME GUIDELINES NO: '7. ~t, 53 DATE: DEC. 5,M995 Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 1995 maximum income eligibility level was set at $15,600. Attached is a resolution establishing the 1996 maximum income eligibility level at $16,300 to receive reduced senior citizen rates in 1996. This amount was computed utilizing the same formula that has been used in prior years. The formula used is the maximum Social Security benefits for an individual 65 years old, plus 4% rounded to the next even $100 increment. For 1996, the maximum Social Security level for a 65 year old individual is $15,650. The 4% adjustment to this figure in the City's eligibility level allows for $650 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 95- 84 being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. JVJ:dn 9512O51 COUNCIL ACTION: RESOLUTION NO. 95- 8/~ RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $16,300 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 1996. Passed this day of ,1995 Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary JJ:dn 9512051 CITY COUNCIL LETTER ITEMS FOR CONSIDERATION Meeting of: December 11, 1995 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning & Zoning . APPROV~ 9.113ITEM: (3)Ordinance Amendment, Section_ .', BY: Tins Goodro BY: . DATE: December 8, 1995 NO: Case #9512-63 The Planning and Zoning Commission reviewed a proposed Ordinance Amendment to Section 9.113(3) of the Zoning Ordinance that pertains to Permitted Accessory Uses in the "RB" Retail Business Zone. The proposed change is in letter "f" and is underlined. This change is proposed in order to facilitate the two MedEronic, Inc. expansions. Staff at Medtronic is concerned about the 50% limit on processing of small medical devices that are incidental or necessary to the principal use. I am suggesting that the percentage limitations be removed so that Medtronic "processing" use can be more than 50%. Without the second phase being completely planned, Medtronic is not certain about the percentage of overall processing once the two expansions are complete. I am comfortable with removing the limitation because we are still protected by the fact that any processing is still limited to small medical devices. There are no real concerns for this to impact any other "RB" areas, as there are no other facilities where another similar use would have adequate space for such a business. When this use was added as a permitted use in the "RB" Ordinance, it was done to facilitate the purchase of the property at 800 N.E. 53rd Avenue by Medtronic, Inc. RECOMMENDED MOTION: Move to waive the reading of the Ordinance amendments there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule a second reading of the Ordinance amendment to Section 9.113(3) for Monday, January 8, 1996. COUNCIL ACTION: ccag1295.no5 ORDINANCE NO. 1313 BEING AN ORDINANCE AMENDING ORDINANCE NO 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9. ! 16 (3) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.113 (3) Permitted Accessory Uses Within the "RB" Business District the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street parking and loading. (c) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use. (d) Signs as regulated by and to the extent permitted by Section 9.117A. (e) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (f) Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories, and processing incidental or necessary to conduct a permitted use does not exceed fifty percent (50%) of the floor area devoted to the principal use. Shall hereafter be amended to read as follows: 9.113(3) Permitted Accessory. Uses Within the "RB" Business District the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street parking and loading. (c) Any incidental repair or processing necessary to conduct a permitted principal use (d) (e) (f) provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use. Signs as regulated by and to the extent permitted by Section 9.117A. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories, and processing incidental or necessary to conduct a permitted use does not exceed the total floor area devoted to the principal use. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Smrdevant Jo-Anne Stu,dent, Council Secretary CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ITEMS FOR C0~.ISIDERATION ORIGINATING DEPT.: CITY MANAGER NO: ~ Other 8us i ness Recreation APPROVAL ITEM: Revised John P. Murzyn Hall BY: Randy Quale BY: .. ~ Management Plan, Revised Rental Recreation Director DATE: -- Policy, and Establish Rental Rates DATE: 12/5/95 NO: for 1996 and 1997 ~7, ~' /-) At the Columbia Heights Park and Recreation Commission's November 21, 1995 meeting, the Commission unanimously approved revisions to the Murzyn Hall management plan, rental policy, and rental rates for 1996 and 1997. The Commission would like the management plan and rental policy revisions along with the 1996 and 1997 rental rates to take effect January 1, 1996. Listed below is a synopsis of the major revisions made to the Murzyn Hall management plan and rental policy since they were last revised on January 2, 1992: 2. 3. 4. 10. 11. A scheduling priority policy will now be utilized (reservations were formerly accepted on a first-come, first-served basis). The Commission reaffirmed that all changes to the policies and rate structures are subject to concurrence by the City Council. Operating hours have been better defined as well as what groups, organizations, etc. are eligible for having their rental fees waived. A $10.00 per hour custodial fee will now be charged for fee-waived event "no shows", fee-waived events scheduled outside normal operating hours, and events with 400 or more people. The specific facilities and accessories available have been better defined as well as the lessee's responsibilities when renting the facility. The policies for waiving the requirement for providing proof of insurance and/or a damage/cleaning deposit has been better defined. The rules and regulations concerning the bar (and the consumption and/or sale of alcohol on the premises) have been better defined. The decorating and usage policies have been better defined. The duties and responsibilities of staff have been better defined (including the Recreation Director, Recreation Secretary, Head Custodian, Caretakers, Janitors, and CSO's). A $25.00 rental fee will now be charged for the use of audio/visual equipment. Also, the early entrance fee will increase from $25.00 to $50.00 per hour. Furthermore, the rental or usage of Murzyn Hall equipment outside Murzyn Hall by the public shall be by action of the Commission. The rental policy was revised to include the revisions made to the management plan and to provide more information to renters. The 1997 rental rates reflect an increase of approximately 4% over the 1996 rental rates (e.g. the main hall rental fee will increase from $615.00 in 1996 to $640.00 in 1997). In addition, the security and pre-mix deposits will increase from $75.00 to $100.00 in 1997 to better reflect their actual costs. Furthermore, the charge per canister of pre-mix and the CSO hourly charge will both increase from $17.00 to $18.00 in 1997. RECON~4ENDED MOTION: Move to adopt revisions to the John P. Murzyn Hall management plan, rental policy, and 1996 and 1997 rental rates as outlined in Park and Recreation Commission submittal dated November 21, 1995. COUNCIL ACTION: ADMIN: CCJPMPLAN (O~l) ~ Omlnd A~nue N.E. CITY COUNCIL LB'l'TBR AGENDA SECTION: NO: 7 ITEMS FOR CONSIDERATION­OTHER BUSINESS ITEM: METROPOLITAN LIVEABLE COMMUNITY ACT ,!JAUSJ�GOALS NO: Meeting of: December 11, 1995 ORIGINATING DEPARTMENT: CITY MANAGER'S BY: P.HENTGESDATE: 12-7-95 CITY MANAGER'S APPROVAL BY: DAT: The City Council passed a resolution electing to participate in the Metropolitan Liveable Conununity Act Program. The second step which must be implemented by December 15th includes the approval of a housing goals agreement consistent with the Metropolitan Liveable Community Act principles. The first draft agreement as presented by Met Council staff included some general principles and a comparison of the City affordable, life cycle, and density indexes in comparison to � metropolitan benchmark index. In all cases, the City meets or exceeds the benchmark indicators. As I previously suggested, the Metropolitan Liveable Community Act may on a voluntary basis promote greater housing affordability and life cycle opportunities in the developing of more affluent suburbs. However, MLCA does not to any degree assist fully developed or inner ring suburbs in improving or rehabilitating the ,,ast st0ck of existing affordable housing. Acco rdingly, I have redrafted the Met Council's proposed principles into statements that are more consistent with the needs of Columbia Heights. I suspect that Columbia Heights will have some resistance on the part of Met Council with approval of the redraft document. As a matter of principle, our City's housing efforts should be based upon principles that are consistent to the City's housing needs. I recommend that the attached proposed re-draft document be authorized for submittal to the Metropolitan Council. RECOMMENDED MOTION: Move to approve submittal to the Metropolitan Council the Metropolitan Liveable Community Act Housing Goals, and authorize the City Manager to further negotiate the final implementation plan. COUNCIL ACTION: MET COUNCIL ORIGINAL DRAFT DRAFT HOUSING GOALS AGREE31ENT METROPOLITAN LIVABLE CO: I. IUNITIES ACT PRINCIPLES The city of Columbia Heights supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety ofhousing types for people in all stages ofthe life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability ora full ran~,e of services and facilities for its residents, and the improvement 8f access to a~d linkage between housing and employment. GOALS To carry out the above housinu principles, the City of' Columbia Heights agrees to use benchmark indicatdrs for communities of ~'imilar location and'staue of development as affordable and life- cycle housing goals for :he period 1996 to 2010, and'~o make its best efforts, given market conditions and resource availability, to maintain an index within the benchmark ranges for affordability, life-cycle and density ]l CITY I~DEX ~ B£NCHMARK ] I GOAL ,Mfordabilitv Ownership 96% 77.87% Rental 58% 45-50% Life-Cycle Ch,ua./rmt~ I~u~ 6~32% (64.7~ I ('2~-36)% Density $ingle-F~mHy Dc:ached 40/acre 2.3-2.9/acre Multifarmtv 2~acre 13- i S/acre To achieve the above goals, :he City of Columbia Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program. and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals CERTIFICATION Mavor Date Affordable and Life-Cycle Housing Opportunities Amount For Columbia Heights Your ALHOA Amount for: Columbia Heights 1996 $0 1997 (Estimate) $1,398 Not required DRAFT HOUSING GOALS AGREEMENT METROPOLITAN LIVEABLE COMMUNITIES ACT PRINCIPLES PRINCIPLES: The City of Columbia Heights supports: 1) The development of housing types for people in ail stages of the life cycle, with particular emphasis on additional senior housing opportunities and owner-occupied housing that is more consistent with metropolitan/suburban average vaiues. 2) Housing redevelopment activities that promote a baianced housing stock within the Metxopolitan Council's benchmark ranges of affordability, life style, and density. 3) Principles that assure that the City's various housing programs continue to accommodate people at all income levels, raciai groups, or ethic backgrounds. 4) The promotion of redevelopment activities that diversify the tax base, maximize land use utilization, and at the same time respect the natural environment. 5) An emphasis on housing activities that serve to rehabilitate the vast owner-occupied--affordable housing resources already existing in the city. 6) Where feasible, establish rental rehabilitation programs aimed at stabilizing and improving the conditions of the vast affordable rental housing resources already existing in the city. GOALS: To carry out the above housing principles, the City of Columbia Heights agrees to use benchmark indicators for communities of similar location and state of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to maintain an index within the benchmark ranges for affordability, life-cycle and density. I CITY XNDEX I BENC~{MAP. K I GOAL Affordability Ownership 96% 77-87% 86% Rental 58% 45-50% 49% Life-Cycle Type (Non-Single Family Detached) 36% 33-41% 38% Owner/Renter Mix 68/32% (64-75)/ 75/25% (25-36)% Density Single-Family Detached 4.0/acre 2.3-2.9/acre 3.9/acre Multi family 22/acre 13 - 15/acre 21/acre To achieve the above goals, the City of Columbia Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIFICATION Mayor Date CITY OF COLUMBIA HEIGHTS Recreation Department TO: FROM: SUBJECT: DATE: Patrick Hentges, City Manager Randy Quale, Recreation Director John P. Murzyn Hall Management Plan, Rental Policy and 1997 Rental Rates November 30, 1995 The Park and Recreation Commission is seeking the City Council's approval cf the revised John P. Murzyn Hall management plan, rental policy and 1997 rental rates (see attachments). The current JPM management plan and rental policy were last revised in January of 1992. The JPM rental rates are reviewed on at least an annual basis. Pending Council's approval at the December 4, 1995 Council work session, I would like to place the revised plan, policy and rental rates on the December 11, 1995 City Council agenda. I'm looking forward to discussing this matter with you at our meeting on December 4, 1995. Re.on Director RQ/rq attachments ADMIN: JPMPLAN. MEM JOHN P. MURZYN HALL MANAGE NT PLAN (Updated November 21, 1995) SECTION i - AUTHORITIES AND GENERAL PURPOSE 1.1 PURPOSE OF HALL John P. Murzyn Hall (hereinafter called JPM) is operated and maintained by the City of Columbia Heights (hereinafter called the City) for the enjoyment and benefit of the residents and taxpayers of the community. JPM shall be operated by the Director of Recreation or his/her representative (hereinafter called the Director). The Columbia Heights Park and Recreation Commission (hereinafter called the Commission) shall establish policies and procedures concerning the operation of JPM as delineated through City Code by the Columbia Heights City Council (hereinafter called the Council). JPM shall be utilized under policies established by the Commission. Rooms within JPM may be rented by individuals, businesses and organizations under a fee schedule and rules established by the Commission. The purpose for the rental fees is to help offset operational costs within JPM and any variance or waiver of said fees or rules shall be by action of the Commission. JPM shall be scheduled through the Director. The schedule maintained in the Recreation Department shall prevail over any other use not on the schedule. Reservations shall be based upon a scheduling priority policy established by the Commission with the following overriding restrictions: The Pre-School Room shall be for the Columbia Heights pre-school. This restriction shall include the Edgemoor Room during the hours of operation of the pre-school as provided on the building schedule maintained by the Director. o The Youth Lounge shall be for the use of the Columbia Heights Youth Drop-In Center as designated by the Commission. This restriction shall include the Edgemoor Room and the Prestemon Room during hours of operation as provided on the building schedule maintained by the Director. o The Senior Lounge shall be used by the Seniors as determined by the Senior Coordinator of the Recreation Department. This restriction shall include the 0strander Room and Prestemon Room prior to 5:00 p.m. Exclusive reservations for the LaBelle Lounge on Fridays or Saturdays may be made only three months in advance. This will ensure that the lounge along with the hall and kitchen will be available for larger rentals (e.g. wedding receptions). Unless authorized by the Director, ISD #13 exercise classes shall be conducted only in the Edgemoor Room. See appendix A for · colmyof the schodulingpr£oritypolicy. The City is committed to the policy that all persons shall have equal Page - 2 1.2 access to its facilities without regard to race, national origin or disability. PARK AND RECREATION COMMISSION creed, color, sex, The Commission, as the designated representative of the Council, shall establish policies for the operation of JPM. It is their responsibility to ensure that policies are in place and administered in the best interests of all citizens, groups and organizations in the commlmity. They are directly accountable to the Council for policy matters concerning JPM. 1.3 Any variances to the policies concerning the operation of JPM shall be made by the Commission. The Commission shall establish the rate structure for JPM, and are responsible to review said structure periodically to determine whether or not any changes are warranted. The Commission shall be responsible to recommend any major capital expenditures to the Council. Any changes to the policies and rate structure of JPM shall be by a majority motion of the Board members present at the time of the action. All changes to the policies and rate structures are subject to concurrence by the Council. CITY STAFF The Director is responsible to properly administer the policies, rules and regulations established by the Commission, and to ensure that JPM is operated and maintained properly. The Director shall bring all nu~tters requiring operational policy decisions to the Commission. The Director shall bring any requests for variance from the policies, rules and regulations of JPM operation to the Commission. The Director shall bring all items of major capital expenditure to the Commission for a recommendation to the Council. The Director shall submit an annual account of usage, expenditures and revenues to the Commission for their review. The Director is under the supervision of the City Manager and shall be responsible to him/her for all other matters. JPM usage shall be scheduled by the Recreation Secretary and the maintenance and care of JPM shall be supervised by the Director. The Director shall ensure proper coordination of JPM policy, administration, scheduling, maintenance and care. 1.4 JPM USAGE A JPM usage schedule shall be carefully maintained at the office of the Director. Use of JPM will not be allowed unless included in the schedule. The purpose for this requirement is to avoid conflicts in JPM usage. The Council and Commission are committed to the policy that all Columbia Heights residents, groups and organizations shall have a fair and equitable opportunity to use JPM. Due to the number of individuals and organizations that request use of JPM, the Commission has deemed it necessary to group by activity these organizations and establish a priority in order to insure that JPM is made available so as to best meet community needs. AS a result, JPM will be scheduled in accordance with the scheduling priority policy Page - 3 established by the Commission except as restricted in paragraph 1.1. Any variance from this policy shall require a ruling on the part of the Commission at its regularly scheduled meeting in order to provide ample forum for parties involved. A lease form shall be signed by all parties utilizing JPM. See appendix ~ £o~ · cozy o£ ~he leaae. 1.5 JPM EXPENSES & REVENUES It shall be the responsibility of the Recreation Secretary to keep an ongoing account of expenses and revenues involved with JPM during the year. The Director shall be responsible to provide expense information to the Recreation Secretary for this purpose when they occur. The Director shall prepare a report of expenses, revenues and usage on an annual basis for review by the Commission. The Commission shall be responsible to review the report and make any adjustments or changes in policy or rates as may be deemed necessary upon their review. The Commission shall submit a copy of the report and any comments and changes in policy to the Council in order to keep them informed of the status of JPM. SECTION 2 - I~.%VTAL POLICIES 2.1 ROOMS AVAILABLE Certain rooms, as established by the Commission, shall be available for rental. Rooms available for rental at this time, and the present rental rates are in appendix C. 2.2 HOURS OF OPERATION JPM will be available for activities between the hours of 7:00 a.m. and 1:00 a.m. the next morning. Normal operating hours (when custodial staff are routinely scheduled) for all rooms except the main hall, LaBelle Lounge and kitchen are defined as Monday through Thursday from 7:00 a.m. to 10:30 p.m. Normal operating hours for the main hall, LaBelle Lounge and kitchen are defined as Monday through Sunday from 12:00 Noon to 1:00 a.m. the following day. Use of rooms after normal operating hours is not allowed without approval of the Commission. The Director may at his discretion allow up to one hour early entrance, if the facilities are clean, and personnel are available, and as long as the rental rate included in appendix C is charged. Early entrance beyond one hour is not allowed without approval of the Commission. No person shall serve any beverage mix or set-ups between the hours of 12:30 a.m. and 8:00 a.m. in JPM. Exceptions to these hours will be by Commission action. 2.3 RENTAL RATES The Commission shall establish rates and policies governing such rates. They may from time to time amend rates and policies. Changes in policies shall apply immediately upon adoption by the Commission. Rate changes shall apply immediately upon adoption by the Commission except for those individuals, groups or organizations that have already signed a lease at Page - 4 the time of the change. The Commission will review rates and policies a minimum of once a year upon receiving the Annual Report from the Director. The Commission may waive the fee for any individual, business or organization ~hen it deems the action to be in the best interests of the City of Columbia Heights. The Commission will normally waive the fee for an eleemosynary, charitable, civic, community service or non-profit organization within the City of Columbia Heights. To be considered a Columbia Heights organization, a minimum of 50% of the members of said organization must live or work full-time in the City of Columbia Heights. Any individual, business or organization wishing to have their rental fees waived must submit a request, signed by the Chief Officer, to the Commission at any regular meeting preceding the event. The Commission must take specific action to waive any fees. The Commission will not charge a fee for City sponsored activities, programs or meetings, including Boards and Commissions. Also, fees will not be charged during normal operating hours for ISD %13 sponsored activities, programs or meetings (as defined in Appendix A). In addition, fees will not be charged during normal operating hours for quasi-governmental units (defined as an organization having educational or other ties to the operation of City government), and the Legislative District Organizations of the Democratic-Farmer-Labor, Independent-Republican or other recognized political parties. An hourly custodial fee will be charged for the following: 1) Fee-waived groups who fail to cancel their reservation at least one working day in advance and/or fail to show up for a scheduled event (also known as a "no show" charge); 2) Fee-waived groups whose event is scheduled outside normal operating hours; and 3) Events that have 400 or more people. Each fee-waived organization will be allowed no more than two (2) fee- waived events per year on either a Friday or Saturday between the hours of 12:00 Noon and 1:00 a.m. the following day. Any event lasting two hours or less may be charged at 50% of the Commission established rental rate. The 50% rate shall apply only for events not involving a substantial amount of set up or cleaning time as determined by the Director. Columbia Heights residents will receive a 35% discount on rental rates. However] in order to receive the discount the individual signing the lease agreement must be a resident of Columbia Heights and proof of residency may be required. The residential rental rate discount is taken after all other adjustments are included. If any of the representations, including residence, made at the time of entering into the rental agreement are no longer accurate within 20 days of the date of the event, the City of Columbia Heights shall have the sole discretion to declare the rental agreement null and void. In addition to the rental fee (regardless of whether the fee is waived or not), when liquor is present on the premises, a security officer shall be present. The City of Columbia Heights shall provide the security officer. The Commission shall establish an hourly rate for this service, and amend such rate from time to time as it de~ms necessary. Page - 5 A security deposit to offset the security officer(s) wages shall be required in addition to the rental fee. The amount of the security deposit shall be established by the Commission. The security officer shall be scheduled from one (1) hour after liquor has begun to be served until JPM is cleared by the lessee. The lessee shall be charged additional dollars if the security officer(s) charges exceed their deposit. When wine or beer is the only intoxicating beverage being served and the event lasts three hours or less, the security officer will not be required (because of the low alcoholic content and short period). Except, the Columbia Heights Lions Club shall be allowed to serve liquor on its regular meeting nights until 10:00 p.m. to its members without the services of the security officer. 2.4 FACILITIES AND ACCESSORIES The maximum capacity is 689 people in the main hall. Tables and chairs can be set up to accommodate up to 500 people· The main hall rental package (main hall, kitchen and LaBelle Lounge) includes the following: 1. The use of the kitchen facilities including an automatic dishwasher, garbage disposal, refrigerator, warming oven, stove, coffee urns, ice machine and hot and cold serving bars. Plates, coffee cups, silverware (one fork, knife and spoon per setting), salt/pepper shakers, and beverage pitchers are available to serve up to 500 people· The kitchen is not equipped with serving utensils, pots, pans, dish towels, dish cloths, pot holders, etc. 2. LaBelle Lounge facilities include a complete wet bar, three pre-mix dispensers, four beer taps and coolers, and use of ice machine. No supplies are provided for the bar (i.e. towels, pourers, etc.) Use of the pre-mix dispensers or beer taps must be arranged in advance of the rental date. The pre-mix dispensers may only be used when the pre-mix is purchased through the City. Diet Coke, Coca Cola, Lemon-Lime, Lemon Sour, Club Soda and Tonic can be ordered in any combination selected. The first canister of each flavor pre-mix will be sold in its entirety (regardless of how much is used) and a deposit will be required. Any additional pre-mix will be sold on the basis of the amount used. Each canister of pre-mix has a volume of 4-3/4 gallons. The lessee shall confirm pre-mix order and tender the pre-mix deposit no later than one (1) week before the rental date. Any changes in the pre-mix order after this time must be approved by the lessee and the Recreation Department. The lessee shall be charged additional dollars if the pre-mix charges exceed their deposit· The City will set up tables and chairs for an event. It willbe the responsibility of the lessee to graphically indicate, at the time the final arrangements are made, any specific plan or arrangement they desire. They may, however, choose from several standards the City provides. The use of the coat room is provided. However, the City will not provide an attendant, and if one is desired, the lessee must provide Page - 6 their own. The lessee (or caterer) is required to wash all utensils (plates, coffee cups, silverware, etc.), empty all kitchen trash receptacles, and clean the kitchen appliances used. All leftover food and beverages must be removed from the hall at the end of the rental. Grease may not be dumped down the drain. The lessee is required to wash down the bar and back bar area. The lessee is to leave the kitchen and bar in the same condition as they received it. The City will provide overall cleaning of the facilities and put all tables and chairs away. Failure to clean the facility properly may result in forfeiture of the damage/cleaning deposit. The City of Columbia Heights is not responsible for lost or stolen articles. The lessee shall hold the City harmless from any liability whatsoever during the use of the facilities. 2.5 RESERVATION AND LEASE AGREEMENT REQUIREMENTS The building facilities may be reserved by either a telephone call or in person at JPM located at 530 Mill Street N.E. The building may be viewed by making an appointment with the Recreation Secretary. A reservation slhall be held for only two (2) weeks, at which time a down- payment on the rental fee is required. The down-payment will assure a reservation. If a down-payment is not made within two (2) weeks from the date the request was made, the reservation will be cancelled. For reservations made within one (1) month of the requested date, a 25% down payment is due no later than one (1) week from when the reservation was made. The down-payment will be returned upon cancellation only if the City is able to lease the hall to another party on the date reserved. At the time the reservation is confirmed and a down-payment made, a lease agreement will be signed by the lessee and the City. JPM shall not be utilized for any event without having first executed a lease agreement. A lease agreement shall not be granted to any applicant unless the following stipulations are fulfilled: The applicant shall personally appear before the Director or his/her authorized representative, fill out the required lease and answer all questions required of him/her on the lease form. o The applicant shall not have been convicted of a crime involving illegal use, consumption or sale of intoxicating liquor or non-intoxicating malt liquor during the five (5) years immediately preceding the lease agreement. o The applicant shall not have been convicted of any felony within the year immediately preceding the application. o The applicant shall have attained the minimum age of eighteen (18) years, or twenty one (21) years if alcoholic beverages will be present during the rental. The applicant shall provide, for file purposes, a photocopy of their insurance policy indicating that they have personal liability coverage at a minimum of one hundred thousand dollars ($100,000.00) Page - 7 per occurrence under the following circumstances: ao When liquor is permitted to be displayed or consumed on the premises. B. When an admission fee is charged. C. When services or goods are vended. When food or beverages are provided or vended (except for basic meeting refreshments such as coffee, cookies, soft drinks, etc.) E. When there are fifty (50) or more participants. F. For dances, exercise classes or other physical activities. For any other usage that the Director deems a potential liability or property risk. When required, the photocopy of the applicant's insurance policy shall be on file no later than when the final rental payment is due. The requirement to provide proof of insurance may be waived by action of the Commission. o The applicant shall agree to abide by all the rules and regulations set by the City and Commission concerning the use of JPM. The Commission may also elect to accept an annual lease agreement with an organization by special action and specification. Such annual lease agreement shall not relieve the lessee from any other obligations or responsibilities enumerated in this policy or as prescribed by the Commission. Such annual lease agreement will not relieve an organization from making specific and individual event reservations prior to use of JPM. A lease agreement shall not be transferred to another person. If because of circumstances beyond the City's control or an act of God, JPM is not available for use, the City and its' agents are not liable to furnish another hall. The lessee is responsible for passing on the information in the lease agreement and the JPM rental policy to all people involved with the rental (decorators, DJ/band, caterer, guests, etc.) 2.6 BALANCE OF THE RENTAL FEE The balance of the rental fee is due no later than one (1) month prior to the rental date. Reservations that are made within one (1) month of the requested date, shall require final payment no later than one (1) week prior to the rental date. A penalty charge may be added by the Commission if payment deadlines are not met, or the reservation may be canceled. 2.7 DAMAGE/CLEANING DEPOSIT A deposit fee for damages, breakage, losses or failure to clean the facility properly shall be made at the time the balance of the rental fee is due under the following circumstances: Page- 8 When liquor is permitted to be displayed or consumed on the premises. B. When an admission fee is charged. C. When services or goods are vended. When food or beverages are provided or vended (except for basic meeting refreshments such as coffee, cookies, soft drinks, etc.) When there are fifty (50) or more participants. For dances, exercise classes or other physical activities. For any other usage that the Director deems a potential liability or property risk. The damage/cleaning deposit fee shall be set by the Commission and is presently set at two hundred dollars ($200.00). The damage/cleaning deposit shall be cashed upon receipt. The damage/cleaning deposit may be waived by action of the Commission. The Director shall determine if any damages have occurred due to the event. The deposit shall be returned at the time of settling up final charges or refunds if no damages occurred. Bee &~7~en~ix D for the roc~ rent&l Drocm4ure. 2.8 BAR Lessee may choose to bring in their own alcoholic beverages for an open bar or B.Y.O.B. event, or contract with the Columbia Heights Lions Club to provide complete bartending services for their event. Intoxicating liquor shall not be sold on the premises without proper license to sell as issued by the City of Columbia Heights. The bar attendant, secured by the lessee, shall not consume any licfuor while tending bar or just prior to tending bar. Bar attendants may accept freely given tips from customers. However, open bar or B.Y.0.B. events may not employ a "suggested" or "required" dollar amount of tip from customers for beverages. All bottles shall be kept in plain sight on or behind the bar (including B.Y.O.B. events). Alcoholic beverages may only be dispensed from behind the bar (except for wedding champagne toasts as described below). No liquor containers are allowed in the seating areas. Alcoholic beverages are not to be taken out of JPM during an event. Champagne bottles and/or a champagne fountain will be allowed in the main hall for wedding champagne toasts only. The wedding party (lessee) or caterer provides and pours the champagne. Champagne bottles may only be opened in the kitchen or behind the bar. The shooting of champagne corks in or around JPM is strictly prohibited. It is not permitted to serve liquor to minors. The lessee shall be on the actual premises at all times while liquor is being served. No person, except wholesalers or manufacturers to the extent authorized Page - 9 under State license, is permitted to directly or indirectly deal in, sell, or keep for sale, any intoxicating liquor without first having received a license to do so. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor in violation or evasion of the law and also include the usual meanings of the terms. There may be no open bar with an admission fee. An approved liquor license must be used if there is an admission charge for the rental. The City shall provide a uniformed security officer to be stationed on the premises when liquor is permitted to be displayed or consumed. This service shall be paid by the lessee in addition to the rental fee. The security service fee shall be paid even if the rental fee is waived. If deemed needed by the City, additional security may be added and charged to the lessee. No person shall serve any beverage mix or set-ups between the hours of 12:30 a.m. and 8:00 a.m. Beverage mix or set ups may not be sold during an open bar or B.Y.O.B. event. City ordinance requires the bar to close no later than 12:30 a.m. Ail persons present at any activity where intoxicating liquor or non-intoxicating malt liquor is permitted, served or displayed, shall abide by the rules and regulations of the Commission and the Director. Should any violation of such rules, or the laws or ordinances of the State of Minnesota or the City of Columbia Heights occur, the Director, his/her authorized representative, a peace officer, or authorized security officer, may: 1. Order the removal of such offender forthwith; or Order the immediate removal of all beer, wine and intoxicating liquor from the premises; or o Revoke the lease immediately and order all persons from the premises without refund of any fees. 2.9 DECORATIONS The building may be decorated for an event, but nails, tacks and other harmful methods of attaching decorations is prohibited. There are prescribed locations for such devices and the lessee is required to check with the Director's office for specific instructions prior to decorating JPM. See appendix E for a specific list of decorating rules and usage policies. 2.10 LIVE ANIMALS Live animals, fowl, or fish shall not be allowed for display, show or any other purpose within JPM, except as may be necessary for such purposes as seeing eye dogs, etc. The Director shall prescribe limitations on the allowable circumstances. Page - 10 2.11 DELIVERIES Deliveries of supplies or ec/uipment are allowed only during the times listed on the lease agreement. The lessee shall bear all responsibilities and liabilities for deliveries for their event. The City will not be responsible for accepting or unloading any deliveries. 2.12 EQUIPMENT RENTALS The rental or usage of JPM ec/uipment (tables, chairs, overhead projectors, etc.) by the public for usage away from JPM shall be by action of the Commission. There will be a charge to the lessee (in addition to the rental fee) for the use of JPM audio/visual equipment (TV & VCR, overhead projector, slide projector, projection screen, etc.) See appendAx C £o~ au~io/vA~ual equipment rental rates. ~ECT'rON 3 - ~CHEDULXN(9 OF THE BUXLDXN(~ 3.1 SCHEDULING BUILDING Building usage shall be established by the building schedule. The schedule shall be administered by the Recreation Secretary. The building schedule shall be maintained and up to date at all times. It shall be the responsibility of the Recreation Secretary to provide a schedule of upcoming events on a monthly basis, updated weekly, to the Director in order to properly schedule custodians. In addition, it shall be the responsibility of the Recreation Secretary to schedule the security officer for any events requiring this service, as indicated in this plan. It shall be the responsibility of the Recreation Secretary to make sure all transactions concerning the hall are completed on time and in the proper sequence. The Recreation Secretary shall ensure that all charges and refunds are accurate and completed in a timely manner. 3.2 USE OF ROOMS Because of anticipated demand for rooms, unscheduled use of rooms will not be allowed. The schedule maintained by the Recreation Department shall be the only authorized use of building. In addition, certain activities may from time to time be restricted to certain rooms or disallowed in the building completely. Such restrictions shall be determined by the Commission. The Director may place a temporary restriction on the use of rooms or the building for maintenance or security purposes or the protection of the City's interest as a whole. He shall, however, submit such restrictions to the Commission for a determination no later than their next regular meeting. Bee appendix F for the list of restrictions on the usage of the building e~acte~ bM the Ce---~ssion. The Commission has determined several layouts on the arrangement of tables in the main hall, and has determined maximum numbers of people allowed in rooms at any one time. These determinations are based upon Page - 11 building code, fire code, and facility restrictions. However, changes may be made by a lessee upon submitting a revised plan to the City for approval. Copies of scale drawings for this purpose will be provided by the City. 8~e &~n~x G £o~ d~awings ~nd d~t~z~z~na~£o~s. 3.3 SECURITY CONTROL OF BUILDING In order to maintain control over the use of the building, it shall be keyed with the City's controlled access keying program. Access to rooms shall be restricted in order to maintain control in usage, security and cleaning schedule. Only those having a need for access for either cleaning, maintenance or usage shall be issued a key and the keying system shall ~ established so that access is limited accordingly. It is the intent of the Commission to have a Custodian on duty whenever an activity is occurring, with the exception of pre-school activity and the Senior Drop-In Center activity. Exceptions shall be at the discretion of the Director, bearing in mind the Commission's intent. Access to the building shall be controlled through locked doors, and the custodians shall ensure the building is locked when not in use. The Recreation Department shall ensure the outside doors, rest rooms and other rooms open for their activities are secured upon leaving the building at the close of a day, when a custodian is not on duty. Security gates may be placed in front of the stairways when either the rooms upstairs or downstairs are rented exclusively. However, the stairs in the LaBelle Lounge leading to the balcony may never be blocked off with a security gate or chairs. It is permissible to rope off the lounge stairway or use signs to indicate the balcony is closed. See appendix ]~ for the schedule of key and room access. SECTION 4 - RULES OF OPERATION 4.1 DUTIES OF THE HEAD CUSTODIAN The head custodian shall be under the supervision of the Director. He/she is responsible to provide general and preventive maintenance to the hall. The head custodian directs the work of the part-time custodians as assigned by the Director. The head custodian is responsible to provide guidance to the other custodians in the absence of the Director and is held accountable for proper completion of the work. 4.2 DUTIES OF THE CUSTODIAN II (CARETAKER) The custodian II shall be under the supervision of the Director. They are responsible to provide helpful services to users of the building during any event. They are to protect the interests of Page - 12 the City so that the building is not damaged or misused during usage. They are to be the contact with the City by users of the building. The custodian II should be familiar with the facilities and the operation of the equipment in the building. If the custodian II runs into a problem they cannot handle, the Director should be contacted (if the Director is not available, the head custodian should then be contacted). 4.3 DUTIES OF THE CUSTODIAN I (JANITOR) The custodian I shall be under the supervision of the Director. They shall be responsible to clean, maintain and set up the building following a prescribed schedule. The custodian I should be familiar with the facilities and the operation of the equipment in the building. If the custodian I runs into a problem they cannot handle, the Director should be contacted (if the Director is not available, the head custodian should then be contacted). see appendix X for ~he custodian~o~k rules. 4.4 DUTIES OF THE COMMUNITY SERVICE OFFICER (CSO) The CSO shall be under the supervision of the Police Department. They shall be responsible for the following: To act as a public agent for the City in dealing with the persons who rent the facility and their ~uests. o To protect private and public property from theft and damage. This includes the parking lots - front and back, the coat room, purses, as well as the city building and equipment. o To provide information to persons who are unfamiliar with the building and who request assistance. o To keep trespassers and unauthorized persons out of the building. To contact an on duty police officer when there is a problem or a violation of the law. for t~e C~O dutie~ --~ ~e~pon~iBili~ie.. ~ECTXON ~ - M'r~CELI,~OUS OPEI~TIONAL PROCEDURES 5.1 ORDERING SUPPLIES & REPAIRS It shall be the responsibility of the Head Custodian to notify the Director of any cleaning supplies or cleaning equipment that needs to be ordered or any repair work that needs attention. Page - 13 Minor repairs shall be made by the custodians. Repairs which cannot be made by the custodians shall be written up and Given to the Director. The Director shall order all supplies and/or equipment following the purchasinG procedure as outlined in the city procedure policy manual and ~ke the necessary arrangements with Public Works personnel or outside contractors for major repair work. 5.2 GUIDELINES FOR HEATING, AIR CONDITIONING AND VENTILATING SYSTEMS Because of the wide variety of uses in the buildinG, and the complexity of the air handling system, guidelines have been established for the 9peration of this equipment. The guidelines shall be established by the Director weiGhinG all times of the building and seasonal variations in outside temperatures. 5.3 TELEPHONE SERVICE IN THE BUILDING The building is set up to handle telephone service in most :rooms. Because of limitations in the system, telephones shall be provided when needed. Telephones are to be moved at the direction of the Director only. Improper movement of telephonesmay cause damage to the entire phone system. See appendix K for the phone jack system. 5.4 EQUIPMENT OPERATIONAL PROCEDURES Several pieces of equipment and/or specific operational procedures require some explanation because of who uses the equipment or performs the tasks. From time to time, procedures or explanations shall be attached to this document. See appendix ~ for miscellaneous operational procedures. MURZYN: JPMPLAN 0'OHN P. I. IYRZYN HALL SCHEDULTN(9 PRIORITY POLICY (UD~ated - ]~e~ber 2:1., 1995) The Park & Recreation Commission is committed to the policy that all Columbia Heights residents, groups and organizations shall have a fair and equitable opportunity to use John P. Murzyn (JPM) Hall. Due to the number of individuals and organizations that request use of JPM Hall, the Park and Recreation Commission has deemed it necessary to group byactivity these organizations and establish a priority in order to insure that JPM Hall is made available so as to best meet community needs. As a result, the building will be scheduled in accordance with a scheduling priority policy established bythe Commission with the following overriding restrictions: 1. The Pre-School Room shall be for the Columbia Heights pre-school. This restriction shall include the Edgemoor Room during the hours of operation of the pre-school as provided on the building schedule maintained by the Director. 2. The Youth Lounge shall be for the use of the Columbia Heights Youth Drop-In Center as designated by the Commission. This restriction shall include the Edgemoor Room and the Prestemon Room during hours of operation as provided on the building schedule maintained by the Director. 3. The Senior Lounge shall be used by the Seniors as determined by the Senior Coordinator of the Recreation Department. This restriction shall include the Ostrander Room and Prestemon Room prior to 5:00 p.m. 4. Exclusive reservations for the LaBelle Lounge on Fridays or Saturdays may be made only three months in advance. This will ensure that the lounge along with the hall and kitchen will be available for larger rentals (e.g. wedding receptions). 5. Unless Authorized by the Director, ISD #13 exercise classes shall be conducted only in the Edgemoor Room. Reservations shall be based upon the following scheduling priority policy: p~ogx~m~ an~ meet£ngs. Reservations for City functions may be taken at any time for any date. City functions may pre-empt lower priority reservations at the discretion of the Director (e.g. a special City election may bump a birthday party rental from the hall.) There will be no rental fees charged for City reservations. Priority ~2: -AXX Xndependent ~chc~l District tX3 ~pon~ored&ctivities, progxam~ and~eetings. Reservations for ISD #13 functions may be taken starting December 1 for the following two years. There will be no rental fees charged for ISD #13 reservations during normal operating hours (Mondays through Thursdays between the hours of 7:00 a.m. and 10:30 p.m.) plus Fridays from 7:00 a.m. to 4:30 p.m. and Saturdays from 7:00 a.m. to 12:00 Noon. A rental fee will be charged at all other times to cover Page - 2 JPM SCHEDULING PRIORITY POLICY custodial charges. ISD #13 will be allowed no more than two (2) fee- waived events per year on either a Friday or Saturday between the hours of 12:00 Noon and 1:00 a.m. the following day. Priority #3: - Ail recognized Col,,~hia meights eleemosynary, charitable, civic, communitM mervlce or non-pro£it or~a~xizationm. These include but are not limited to: Columbia Heights Lions Club, Columbia Heights Athletic Boosters, boy scouts, 4-H, girl scouts, etc. Reservations may be taken starting December 15 for the following two years. To be considered a Columbia Heights organization, a minimum of 50% of the members of said organization must live or work full-time in the City of Columbia Heights. The Park and Recreation Commission may waive the fee for Columbia Heights organizations when it deems the action to be in the best interest of the City. A rental fee may be charged for reservations outside of normal operating hours to cover custodial charges. Each of these organizations will be allowed no more than two (2) fee-waived events per year on either a Friday or Saturday between the hours of 12:00 Noon and 1:00 a.m. the following day. Priority #4: - Ail other Coll,-hia Heights organizations, ~r~ups, businesses an~ individuals. These include but are not limited to: private parties, neighborhood groups, recognized political parties, etc. Reservations may be taken starting on the first working day in January for the following two years. To be considered a Columbia Heights organization or business, a minimum of 50% of the members of said organization or business must live or work full-time in the City of Columbia Heights. Individuals must be a current Columbia Heights resident. There will be no rental fees charged for IR or DFL Legislative District Organizations during normal operating hours (a rental fee will be charged at all other times to cover custodial charges.) IR and DFL Legislative District Organizations will be allowed no more than two (2) fee-waived events per year on either a Friday or Saturday between the hours of 12:00 Noon and 1:00 a.m. the following day. Priority 95: -.Ail non-Col,,-hia ~eightl oz~anizationl, ~xoupl, ~mlhellel and indivi~u&ls. Reservations may be taken starting on the second working day of January for the following two years. Any variance from this scheduling priority policy shall require a ruling on the part of the Commission at its regularly scheduled meeting in order to provide ample forum for parties involved. A lease form shall be signed by all parties utilizing the hall. The Commission may waive the fee for any individual, business or organization when it deems the action to be in the best interests of the City of Columbia Heights. MURZYN: AP-A. JPM CITY OF COLUMBIA HEIGHTS LEASE AGREEMENT Appendix B THIS AGREEMENT made this day of , , by and between the City of Columbia Heights, CALLED ·LESSOR · , AND , OF , , HEREINAi.~r~~. CALLED 'LESSEE ·: WITNESSETH, that the lessor, in consideration of rents and covenants hereinafter mentioned, does hereby demise, lease and let unto lessee, and said lessee does hereby hire and take from lessor that portion of John P. Murzyn Hall as is described as follows, to-wit: The purpose of lessee's use will be as follows: TO HAVE AND TO HOLD, the premises just as they are, without any liability or obligation on the part of said lessor of making any alterations, improvements or repairs of any kind on or above the said premises for the term of: to on yielding and paying the rent of dollars ($). And the lessee has herewith agreed to make a damage deposit of dollars ($), which must be paid by to assure that the premises are maintained in as good order and condition and state of repairs, reasonable wear in use excepted as the same now are or may be put into by said lessor. The lessee must abide by all the rules and regulations of the Park and Recreation Commission and has acknowledged receipt of the same by execution of this Agreement. This Agreement must be approved by the Park and Recreation Commission before the same is valid. Lessor acknowledges receipt of a down payment of dollars ($) and the balance of dollars ($) must be paid by . The lessee shall be charged additional dollars if pre-mix and Community Service Officer's charges exceed their deposit. As part of this lease, the lessee hereby fully releases and discharges the lessor, its servants, agents, employees, contractors or subcontractors from any liability whatsoever in any' way arising from any and all injuries, losses, and/or damages to person and/or property sustained or received on or about the said Murzyn Hall during the term of this lease. Additionally, the lessee agrees to save harmless and indemnify the said lessor from any and all expenses arising because of any claim which may hereafter be presented by anyone for loss or damage or personal injury as a result of use of John P. Murzyn Hall. If the balance of payments due under this Agreement are not paid by the date set forth herein, this Agreement shall become null and void, and the lessor shall keep the down payment as liquidated damages. There may be no open bar with an admission fee. An approved liquor license must be used if there is an admission charge for the rental. If deemed needed, at the sole discretion of the Columbia Heights Police Department, additional security may be added and charged to the le~;see hereunder. If any of the representations, including residence, made at the time entering into this agreement are no longer accurate within 20 days of the date of the event, the City of Columbia Heights shall have the sole discretion to declare this agreement null and void. IN TESTIMONY WHEREFORE, the lessee has hereunto set his/her hand(s) and seal(s) the day and year first written above. Lessee Approval of Park and Recreation Commission Lessee Date: RATES FOR JOHN P. MURZYN HALL EFFECTIVE 1-1-96 FOR RENTAL 1-1-96 Those whose rental date is in 1995 will pay a 1995 rate and those whose rental date is in 1996 will pay the 1996 rate. SECTION I ROOMS 1995 1996 Main hall/kitchen/LaBelle Lounge Main hall Kitchen LaBelle Lounge Gauvitte Prestemon Edgemoor Keyes ~ Youth Lounge Mathaire McKenna Mathaire/McKenna Seniors Ostrander Seniors/Ostrander $590 00 $415 00 $ 65 oo $120 00 $ 95 oo $ 95 oo $ 95 Oo $ 95 oo $ 95 oo $ 95 oo $ 95 oo $150 oo $ 95 oo $ 95 oo $150.00 $615 00 $430 00 $ 7o oo $125 00 $lOO oo $1oo oo $1oo oo $100 00 $lOO oo $100 oo $100 oo $155 oo $100 00 $1oo oo $155.oo SECTION II Security deposit CSO hourly charge $ 75.00 $ 75.00 $ 17.00 $ 17.00 SECTION III Pre-mix deposit Pre-mix canister $ 75.00 $ 75.00 $ 16.00 $ 17.00 SECTION IV Early entry per hour $ 25.00 $ 50.00 SECTION V Events lasting less than 2 hours discount 50% 50% SECTION VI Columbia Heights resident rental fee discount 35% 35% SECTION VII Audio/Visual equi~nent rental per day $ 0.00 $ 25.00 SECTION VIII Custodial charge per hour $ o.oo $ lO.OO (For fee-waived group "no shows"; fee-waived events scheduled outside normal operating hours; events with 400 or more people) Revised 1t/21/95 MURZYN ~ AP-CREV, D ~ · J~en~:Lx c PROPOSED I~TES FOR EFFECTIVE 1-1-96 FOR RENTAL 1-1-97 Those whose rental date is in 1996 will pay a 1996 rate and those whos, rental date is in 1997 will pay the 1997 rate. BECTION ! ROOMS 1996 1997 Main hall/kitchen/LaBelle Lounge Main hall Kitchen LaBelle Lounge Gauvitte Prestemon Edgemoor Keyes Youth Lounge Mathaire McKenna Mathaire/McKenna Seniors Ostrander Seniors/Ostrander $615.00 $430.00 $ 70.00 $125.oo $1oo.oo $10o.0o $100.00 $1oo.oo $1o0.0o $100.00 $1oo.oo $155.oo $10o.oo $1o0.oo $155.oo $640.00 $450 00 $ 75 oo $130 00 $105 00 $105 00 $1o5 oo $105 O0 $1o5 oo $105 00 $105.00 $160.00 $1o5.oo $1o5.oo $160.00 BECTION II Security deposit CSO hourly charge $ 75.00 $100.00 $ 17.00 $ 18.00 BECT~ON XXX Pre-mix deposit Pre-mix canister $ 75.00 $100.00 $ 17.00 $ 18.00 BECTION ~ Early entry per hour $ 50.oo $ 5o.o0 BECTIONV Events lasting less than 2 hours discount 50% 50% BECTION VI Columbia Heights resident discount 35% 35% SECTION VII Audio/Visual equipment rental per day $ 25.00 $ 25.00 BECTIONVIII Custodial charge per hour $ lO.OO $ lO.OO (fee-waived group "no shows"; fee-waived events scheduled outside normal operating hours; events with 400 or more people) MUR~N: AP-CREV. J~ PROCEDURES FOR RENTAL OF JOHN P. INITIAL CALL FOR RENTAL Ask for date planned. Check the appropriate JPM schedule book on the Recreation Secretary's desk to see if the date and room(s) are available. If a date is found open, then the rental policy is reviewed with the person, outlining the various requirements, costs, facilities available, and set-up arrangements. Specific items to be mentioned to the individual at this time are as follows: 2. 3. 4. 5. 6. 7. 8. Rental rates and discounts. Liqmlor and security fee. Damage deposit. Insurance. Pre-mixes available and deposit. Set-up arrangements. Cancellation policy. Payment policy. If the party agrees to rent the hall on the date specified, a $100.00 deposit for the rental must be received within two weeks of the request. The balance must be paid one month before the rental date. It is also necessary that the lease agreement be signed when the deposit is paid (a copy of the lease agreement is attached as Appendix B). All information concerning the rental shall be recorded on a JPM reservation booking form. The approved lease agreement (with Director's signature) along with the completed reservation booking form is placed in the 3-ring reservation book kept at the Recreation Secretary's desk. A copy of the lease agreement is given to the person leasing the hall along with a copy of the JPM decorating rules and usage policy. The contact person's name, the group's name, and the contact person's phone numbers should then be written (in pencil) in the appropriate JPM schedule book. Only the Recreation Secretary or his/her designee may write in the JPM schedule books. All other staff should place a Post-It note in the JPM schedule on the appropriate date and room noting the requested rental. In addition, a separate note should be left regarding the requested rental for the Recreation Secretary. Staff should verify in person that the Recreation Secretary received the reservation request. The Recreation Secretary also keeps a waiting list for those who desire it if a date already taken is cancelled. Eo If the fee for the hall is waived by the Park and Recreation Commission that information along with the Park/Recreation Commission meeting date is noted in the appropriate JPM schedule book. II. RECEIPT OF RENTAL DEPOSIT ao Write down in the appropriate JPM schedule book the receipt of the deposit. Prepare a receipt from the receipt register. The white copy and the deposit is placed in the petty cash box. The yellow copy is given to the person renting the hall and the pink copy is placed in the drawer in the register. Page - 2 III. IV. FOLLOW UP ONE MONTH BEFORE RENTAL DATE ao Call the renter and ask for additional information regarding the event: The name of the caterer. Confirm the time the caterer will be arriving to set up for the event. 2. The number of people who will attend. The number at special tables (such as the bridal table) and the layout of tables if the renter requests a change from the standard layout. The decorating plans. our decorating rules. Confirm that their plans comply with & cop~ of the skand&rd l&~out ~a &t~&ched ~nAppend~x~. Bo At this time the balance of the rental payment is due so the call to the renter can be a reminder to pay this. Along with the hall balance payment, proof of Personal Liability Insurance is due, the damage deposit of $200.00, and the security officer fee. Make sure to inform the renter that their damage and security officer deposits will be deposited upon receipt and returned as appropriate and as determined by the Director. C.) At least one week before the rental date the renter should inform the Recreation Office if pre-mix is to be used. A deposit of $75.00 is required and if additional pre-mix in excess of the deposit is used, that amount will be billed at a later date. FOLLOWING THE SCHEDULED EVENT A.) The damage deposit should be returned to the renter providing the hall is in good order and condition. If there is any money due the renter from the pre-mix deposit, that is returned at this time. If there is any money due, then an invoice is sent to the renter. MLrRZYN: AP-DREV. JPM JOHN P. MD1tZYN HALL DECORATING RULES & USAGE POLICY The lessee is responsible for passin9 on the information in this usage policy to all people involved with rental (decorators, DJ/Band, caterer, guests, etc.) Decoretin~ 1. A wood decorating board is provided around perimeter of hall (approx/mately 9' above the floor). Us, of tacks, tape, pins, staples, etc. to hang decorations are allowed on this board only {no tacks, tape etc. allowed on walls, floors or ceilings). 2. The four permanent hooks in the ceiling may also be used for hanging decorations. 3. Decorations may not be hung from the sprinkler heads (Fire Code regulation) or from the ceiling ti1, T-bars. 4. Decorations may not be hung in main (northeast) entrance to hall or in the bathrooms. 5. Decorations may not be hung over exit signs, no smoking signs, fire alarm boxes, thermostats, emergency lights. 6. Helium filled balloons work well for decorating; they can be taped to the underside of banquet tables float free to the ceiling or be weighted down with small bags of candy, mints, metal washers, horseshoe, etc. The use of sand, bird seed, rice, or similar items to weigh down helium balloons prohibited. 7. The lessee should contact the Recreation Department at least one week prior to the rental date t confirm that decorating plans comply with the hall's decorating rules. 1. The lessee (or caterer) is :responsible for cleaning kitchen, dishes and any other utensils used alon with taking their trash to 'the du~pster. Grease may not be dumped down the drain. 2. The lessee is to leave kitchen in the same condition as they found it. If the kitchen is not cleane properly, forfeiture of the damage/cleaning deposit may occur. 3. K/tchen is not equipped wi~] serving utensils, pots, pans, dish towels, dish cloths, pot holders, etc Cleil.~-~:~Z~of Eva~i~g 1. All leftover food and beverages must be re~oved from the hall at the end of the evening. 2. The lessee is required to wash down the bar and back bar area. If the bar and bar area are not cleane properly, forfeiture of the damage/cleaning deposit may occur. 3. The City will provide overall cleaning of the facilities and put all tables and chairs sway. 4. City ordinance requires the bar to close no later than 12:30 a.m. Everyone (including guests, caterer DJ/band, etc. must be out ~he building by l:00 a.m. Niscella~eous 1. No open flar~e candles are permitted, flame may not be above glass container. (Fire Code regulation). 2. No supplies are provided for the bar (i.e. towels, pourers, etc.) 3. No smoking in the hall (smoking allowed in LaBelle Lounge only). 4. No artificial smoke, bubble or fog machines (may set off ~noke detectors/fire alarm and make woode dance floor very slippery). 5. Food may not be served from the carpeted porch area of the main hall. 6. No confetti, "silly" string, glitter, rice, sand, bird seed or water balloons allowed in or around th building. 7. If tables need to be moved, please contact the caretaker for assistance. 8. Food carts stay inside (two wheeler available by request). 9. No powders, sawdust or similar materials allowed on t_he wooden floor. 10. Absolutely no tape or sharp objects on the main hall wooden floor. Do not drag any objects across th main hall wooden floor. 11. Deliveries of supplies or equipment are allowed only during the times listed on the lease agreement The lessee shall bear all responsibilities and liabilities for deliveries for their event. The Cit will not be responsible for accepting or unloading any deliveries. 12. The City of Colu~nbia heights is not responsible for lost or stolen articles. The lessee shall hold th City harm/ess from any liability whatsoever during the use of the facilities. 13. No food, beverages or other gratuities shall be given to an employee of the City for services rendered 14. No gambling or gambling devices on the premises without proper license. 15. The lessee shall abide by all rules and regulations of the State of Minnesota, the City of Columb~ Heights, the hall's rental policy and the lease agreement. Should any violations occur: 1) Offender may be removed from the premises; 2) All beer, wine and intoxicating liquor may be removed from tk premises; or 3), the lease may be revoked and all persons shall be ordered from the premises (withot a refund of rental fees). X have reed an~ understan~ ~he above rules and u~ge policy (please sign below) D~te of Event Signauure of Lessee I~IIRZYN: DECORULE I~ev~ed ~1121tg5 ~I~PPEND'r X F JOHN P. I,f ZYN I STRICTED USES From time to time requests are received for use of the building that are not deemed to be appropriate. The Commission has determined restrictions that it feels apply in these cases. To date, the restrictions in use are as follows: 1. Animal shows will not be held in the building. 2. Mud wrestling will not be held in the building. 3. Vigorous sporting or. recreational activities that involve throwing, kicking or otherwise propelling a ball or other projectiles that may damage the facilities are not allowed. 4. Physical activities such as exercise or aerobic classes will be scheduled in the Edgemoor Room. 5. Each organization will be allowed no more than two (2) fee- waived events per calendar year on either a Friday or a Saturday between the hours of 12:00 Noon and 1:00 a.m. the following day. 6. No food or drink is allowed in the Edgemoor Room because of the nature of the flooring. 7. Events that are of an illegal or inappropriate nature. 8. Weightlifting competitions in the main hall. 9. Any other events or activities that may physically damage the facility because of the requested use. MURZYN: AP-FREV. JPM STA.R~AR~ ARRA~ G L"'f~'T S I ' I Imm RPPENL PAGE .I I [ I ] ] ! [ I I I I I ] J [ ] [ I I I APPENDI PAGE 2 I. ! I 1 ] I i ! I l I I I I I ! I I ! I i I ! I '1 I I I I I ! ! I I I APPENDIX PAGE JOHN P. MURZYN HALL MANAGEMENT PLAN KEY SCHEDULE/ROOM ACCESS APPENDIX ~EY NO. XXX 3A 3Al 09 3A312 3A301 3A315 3A302 ISSUED TO GIVES ACCESS TO DIR. OF RECREATION CITY MANAGER ALL DOORS KEYED TO SYSTEM CUSTODIAN I CUSTODIAN II RECREATION SECRETARY SUPERVISOR PARK DEPARTMENT PUBLIC WORKS SUPT. ALL DOORS AT J.P.M. HALL RECREATION DEPARTMENT RECREATION OFFICE UPPER ENTRANCES LOWER ENTRANCE UPPER RESTROOMS SENIOR CENTER - EAST DOOR PRE-SCHOOL/PARENTING EDGEMOOR ROOM AND STORAGE AREA EQUIPMENT ROOM PRESTEMON ROOM KITCHEN YOUTH CENTER COORDINATORS LOWER ENTRANCE YOUTH LOUNGE EDGEMOOR ROOM AND STORAGE AREA PRESTEMON ROOM LOWER RESTROOMS - EAST END SENIOR CITIZEN COORDINATOR LOWER ENTRANCE SENIOR CENTER EAST DOOR '- SENIOR CENTER NORTH DOOR (OSTRANDER ROOM) EDGEMOORAND SUPPLY ROOM PRESTEMON ROOM LOWER RESTROOMS PRE-SCHOOL COORDINATOR LOWER ENTRANCE PRE-SCHOOL/PARENTING ROOM EDGEMOOR ROOM AND SUPPLY ROOM LOWER LEVEL RESTROOMS EAST END MEETING ROOM LESSEE FRONT MCKENNA/MATHAIRE LOWER ENTRANCE LOWER LEVEL RESTROOMS EAST END 3A318 3A320 APPENDIX PAGE TWO MEETING ROOM LESSEE MEETING ROOM LESSEE REAR MCKENNA/MATHAIRE W/KITCHENETTE LOWER ENTRANCE LOWER. LEVEL RESTROOMS EAST END LOWER LEVEL ENTRANCE OSTRANDER (SENIOR CITIZEN) NORTH DOOR LOWER LEVEL RESTROOMS EAST END KEYS WILL BE ISSUED BY THE DIRECTOR OR HIS/HER DESIGNATE. WILL BE ISSUED IN ACCORDANCE WITH THE PROCEDURE FJLNUAL. KEYS JOHN P. MURZYN HALL CARETAKER DUTIES ae GENERAL DUTIES BEFORE AN EVENT 3. 4. 5. o 7. 8. 9. 10. 11. 12. 13. 14. 15. Shovel/Sweep snow from sidewalk when needed prior to and during an event. Check temperature controls and settings. Check for proper lights on/off in rooms or hallways. Check for all exit signs on - no bulbs out. Vertical blinds open/closed properly. Be familiar with the operation of all of the kitchen facilities. Check for proper rooms open or locked. Note cleanliness and general condition of building. Be familiar with.emergency numbers and procedures and location of telephones. Know the location and how to use some of the general supply items. Be familiar with circuit breakers, how to use them and what they control. Be familiar with audio/visual equipment and the P.A. system. Know how to light the fire place in main hall room. Weigh pre-mix before and after use to determine charges. Complete pre-mix usage slip and put with items to be picked up by Recreation Department. Know how to fill out forms and how to report damages, theft, excess cleanup and problems with the heating/cooling system. B o GENERAL DUTIES DURING AN EVENT o 4. 5. 6. 7. 8. 9. 10. Shovel/Sweep snow from sidewalk when needed prior to and during an event. Locate, meet and greet person who is in charge of the event (i.e. person who is listed as Lessee on the Lease Agreement). Let him/her know where you can be found during the event. Locate, meet and greet caterer, and let him/her know where you can be found during the event. Casually observe the behavior of the crowd. Check with lessee and caterer frequently to see if everything is okay or if anything is needed. Change pre-mix canisters as needed and be sure to tag event name on canisters. Change C02 unit as soon as gauge gets in red area. Make yourself visible as often as possible and assist lessee and caterer with whatever needs your attention. As time permits, empty wastebaskets and do light dusting in upstairs meeting rooms. Periodically check rest rooms. Replenish toilet paper and clean as needed. Page - 2 , C o GENERAL DUTIES AFTER AN EVENT 1 2 3 4 5 6 7 8 9 10 11 12. 13. Remove all trash to outside vats. Ail ash trays shall be dumped in containers provided. Vertical blinds open/closed properly. Check temperature controls and settings. Check for proper lights on/off in rooms or hallways. Check for proper rooms open or locked. Note cleanliness and general condition of building. Coffee makers cleaned properly and turned off. Dishwasher turned off properly. Stove turned off properly. Weigh pre-mix before and after use to determine charges. Complete pre-mix usage slip and put with items to be picked up by Director. Turn off exhaust fans. Return audio/vis~al equipment to locked storage area. SECURITY 2. 3. 4. 5. o Check all doors and windows (inside and outside doors) before leaving the building to make sure they are all locked. All lights are to be turned off other than the night lights. Visually check all rooms to make sure that no people are left in the building. Security gates must be in place during all activities as noted on assignment sheet. If problems occurs that you or the CSO cannot handle, contact the Director. In the event of a serious incident where emergencies services are required, dial 9 9-1-1 and request police, fire or medical assistance. ALWAYS MAKE THE USERS OF THE FACILITY AWARE OF WHERE YOU CAN BE FOUND. Eo WORK RULES OF CUSTODIAN I & II Work hours for custodians are set by the Recreation Director or his/her designate on a monthly basis. These hours are subject to change due to requirements of various functions. Work breaks will be taken in an area away from the view of the public. Vacation requests must be turned in to the Recreation Director on the City's leave form at least one month prior to dates requested. Unexpected illness must be called in to the Recreation Director immediately. Sick leave requests for known appointments must be turned in to the Recreation Director as soon as possible on the City's leave form in order to make arrangements for a replacement. Time sheets will be completed on a daily basis and put in the collection basket, located in the custodial office, for pick up by the Director. MURZYN: AP-IREV. JPM APPENDIX J COLUMBIA HEIGHTS POLICE DEPARTMENT COMMUNITY SERVICE OFFICER DUTIES AND RESPONSIBILITIES MURZYN HALL DETAIL The Columbia Heights Police Community Service Officers (CSO) shall be responsible for providing security for lohn P. Murzyn Hall (JPM) functions when alcoholic beverages are served. The CSO working JPM shall wear a CSO uniform. The CSO shall: 1. Maintain order and be highly visible. 2. Prevent thefts or other crimes. 3. Protect Columbia Heights property. 4. Prevent minors from consuming alcohol. 5. Prevent obviously intoxicated persons from further consumption. 6. Be familiar with all emergency exits. 7. Make frequent checks of the coat rooms. 8. Make frequent checks of the restrooms. 9. Provide foot patrol to lower level hallways. 10. Report any building problems such as heat, electricity, water, etc. to the building caretaker promptly. 11. Insure that the serving of alcohol ceases at 12:30 A.M. 12. Provide several rounds outside of JPM, looking for any unusual activities. 13. Usher all building occupants out of JPM by the 1:00 A.M. closing time. 14. Provide a polite image, but maintain control of the facility and circum- stances. In the event of a medical emergency, f'ue, crime, or disorder, the CSO shall notify the proper authority by calling the Anoka County Communications Center by dialing 9-1-1 by phone or through direct contact by portable radio. A JPM key will be provided to the CSO, and it will be kept in the police key locker when not in use. The City Council and the Park and Recreation Commission have a policy that whenever alcoholic beverages are being served at IPM, a CSO will be present one hour after serving begins and will remain on duty at least until the serving of alcoholic beverages is completed. Renters of JPM pay to utilize the facility, plus an added service fee for security. The role of the security person is to facilitate the use of JPM and not to obstruct, harass, or distract from the good time the users have a right to expect. The CSO has several responsibilities which include. Acting as a public agent for the City in dealing with the persons who rent JPM and their guests. Protecting private and public property from theft and damage. This includes the parking lots--front and back, the coat room, purses, as well as the city building and equipment. To provide information to persons who are unfamiliar with JPM and those who request assistance. To keep trespassers and unauthorized persons out of the building. o To contact the police when there is a problem or a violation of the law. Alcoholic beverages may be given away by the host (open bar), brought in by the guests (B.Y.O.B.), or sold by a person or organization licensed to sell alcoholic beverages by the City. At the present time, only the Columbia Heights Lions Club has a license to sell alcoholic beverages. The Lions Club and the bandID.J, are hired by the private host, and the CSO should not act as an agent between these groups and the host. The CSO must act tactfully and politely when carrying out their duties. They should not spend excessive time in the areas where the guests are unless a specific problem has been identified or there is a request to do so. The CSO should make contact with the caretaker when they report for duty. The break schedule is the same as when on duty at the Police Department. The breaks should not be taken in public view unless authorized by a supervisor. The Park and Recreation Commission has developed rules for the use of the facility, and each host has been given information on those rules. Most of the time the band/DJ, and the bar will stop at the appropriate hour. Should it be necessary to remind people of closing hours, this will be accomplished tactfully. While on duty, the CSO working shall carry a Police Department radio, flashlight, and any other equipment deemed appropriate by the Chief of Police. Uniforms should always be clean and neat, as this is an important part of the image people have of the CSO and the Police Department. A cap will not be worn indoors. Dependent upon the circumstances and the occasion, the Chief of Police reserves the right to modify these procedures in order to meet the security needs of the City of Columbia Heights and the Columbia Heights Police Deparunent. Any additional costs for security deemed necessary by the Chief of Police shall be the responsibility of the renter of the facility. Prior to leaving, the CSO shall make a walk-through of the building and make certain the doors are locked. If there are unsecured doors, advise the caretaker. JOHN P. APPENDIX K MURZYN HALL TELEPHONE SYSTEM (August 30, 1995 Draft) When using the JPM telephone system, "9" must be dialed to get an outside line. For inside lines, dial the three digit extension number (the last three digits of the seven digit phone number). Extensions beginning with a "2" may not be dialed directly from an outside line. Extensions beginning with a "1" may not be dialed directly from any line (outgoing calls only). Phones shall only be moved by the Recreation Director or his/her designate. For more information on the various uses of the phone system, refer to the City telephone features manual. TELEPHONE LOCATION TELEPHONE NUMBER JACK NUMBER Recreation Main Phone Line Recreation Director Office Recreation Program Coordinator Office Program Assistant Office Senior Citizen Coordinator Office Preschool Room Unassigned Unassigned 24 Hour Information Line Recreation Fax Line Custodial Office LaBelle Lounge Kitchen Youth Lounge (Boosters Office) Unassigned Recreation Clerk/Typist II Desk Recreation/Park Clerk Typist II Desk Unassigned Athletic Equipment Room Senior Center Program Assistant Desk Keyes Room McKenna Room Mathaire Room Edgemoor Room Prestomon Room Unassigned Unassigned Gauvitte Room McKenna Room McKenna Room McKenna Room Elevator (9-9-1-1 Auto-dial) Fire Alarm Pay Phone (Outside LaBelle Lounge) Old JPM Line (Currently not working) 782-2860 *A2, A3 or A4 782-2861 22 782-2862 18 782-2863 17 782-2864 16 782-2865 6 782-2866 782-2867 782-2868 782-2869 *A2, A3 or A4 782-2870 8 782-2871 14 782-2872 13 782-2873 5 782-2874 262 *A2, A3 or A4 263 *A2, A3 or A4 264 23 265 10 266 4 267 21 164 24 165 1 166 27 167 12 168 11 169 170 171 15 172 2 173 25 174 26 175 9 176 788-9809 788-9729 27 *Recreation main line, Clerk/Typist II desk lines and Recreation fax line are A2, A3 & A4 (exact jack designations unknown). MURZYN: AP-KREV. JPM Page - 3 the Police DeDarCment and the entire City organization. While on duty, the CSO working shall carry a Police Department radio. They shall also carry a flashlight and if Droperly trained, may carry Mace and handcuffs. They will not carry a nightstick. Uniforms should &1ways be clean and neat, as ~his is an important Dart of the image people have of the CSO and ~he Police Depar~mnt. A ca~ will not be worn indoors. Prior to leaving, the CSO shall make a walk through of the building and make certain the doors are locked. If there &re unsecured doors, advise the caretaker. MURZYN: AP-JREV. JPM Appendix L JOHN P. Mb'RZYN EQUIP~T OPERATION PROCEDUP~ES 2o COFFEE MAKER - Make coffee for user groups as directed in the large kitchen coffee maker. To make coffee: ii. iii. iv. Install filter in basket. Place 3 1/2 cups of coffee in filter. Set filter in basket and water discharge pipe in coffee maker. Puslh button behind temperature dial located at left hand side of coffee maker. This starts the water flowing through the coffee maker. The water will stop automatically when the coffee maker.is 3/4 full. At that point the coffee is ready to be dispensed. Repaat the procedure on the other side of the coffee maker if both sides are to be used. DIS~FWASHER - Operate the kitchen dishwasher for user groups as directed: ii. Dishwasher Operation g. Detergent, destainer automatically injected. End of Day a. Pull out screens. b. Turn on the water line (next to heater). Turn on booster heater at wall box. Close drain by turning black handle under shelf towards yourself. Turn fill on. Turn heater on. Wait for fill (~ five minutes). and rinse additive are Open drain by turning black handle under shelf towards wall. Turn power and heater off. Turn off booster heater at wall box. Turn water off (perpendicular to water line.) Leave unit open. MUR.ZY'N: AP-L. JPM APPENDIX J COLUMBIA HEIGHTS POLICE DEPARTMENT COMMUNITY SERVICE OFFICER DUTIES AND RESPONSIBILITIES MURZYN HALL DETAIL The Columbia Heights Police Community Service Officers (CSO) shall be responsible for providing security for John P. Murzyn Hall (JPM) functions when alcoholic beverages are served. The CSO working IPM shall wear a CSO uniform. The CSO shall: 1. Maintain order and be highly visible. 2. Prevent thefts or other crimes. 3. Protect Columbia Heights property. 4. Prevent minors from consuming alcohol. 5. Prevent obviously intoxicated persons from further consumption. 6. Be familiar with all emergency exits. 7. Make frequent checks of the coat rooms. 8. Make frequent checks of the restrooms. 9. Provide foot patrol to lower level hallways. 10. Report any building problems such as heat, electricity, water, etc. to the building caretaker promptly. 11. Insure that the serving of alcohol ceases at 12:30 A.M. 12. Provide several rounds outside of JPM, looking for any unusual activities. 13. Usher all building occupants out of JPM by the 1:00 A.M. closing time. 14. Provide a polite image, but maintain control of the facility and circum- stances. In the event of a medical emergency, fire, crime, or disorder, the CSO shall notify the proper authority by calling the Anoka County Communications Center by dialing 9-1-1 by phone or through direct contact by portable radio. A JPM key will be provided to the CSO, and it will be kept in the police key locker when not in use. The City Council and the Park and Recreation Commission have a policy that whenever alcoholic beverages are being served at JPM, a CSO will be present one hour after serving begins and will remain on duty at least until the serving of alcoholic beverages is completed. Renters of JPM pay to utilize the facility, plus an added service fee for security. The role of the security person is to facilitate the use of JPM and not to obstruct, harass, or distract from the good time the users have a right to expect. The CSO has several responsibilities which include. Acting as a public agent for the City in dealing with the persons who rent JPM and their guests. Protecting private and public property from theft and damage. This includes the parking lots--front and back, the coat room, purses, as well as the city building and equipment. o To provide information to persons who are unfamiliar with JPM and those who request assistance. To keep trespassers and unauthorized persons out of the building. To contact the police when there is a problem or a violation of the law. Alcoholic beverages may be given away by the host (open bar), brought in by the guests (B.Y.O.B.), or sold by a person or organization licensed to sell alcoholic beverages by the City. At the present time, only the Columbia Heights Lions Club has a license to sell alcoholic beverages. The Lions Club and the band/DJ, are hired by the private host, and the CSO should not act as an agent between these groups and the host. The CSO must act tactfully and politely when carrying out their duties. They should not spend excessive time in the areas where the guests are unless a specific problem has been identified or there is a request to do so. The CSO should make contact with the caretaker when they report for duty. The break schedule is the same as when on duty at the Police Department. The breaks should not be taken in public view unless authorized by a supervisor. The Park and Recreation Commission has developed rules for the use of the facility, and each host has been given information on those rules. Most of the time the band/DJ, and the bar will stop at the appropriate hour. Should it be necessary to remind people of closing hours, this will be accomplished tactfully. While on duty, the CSO working shall carry a Police Department radio, flashlight, and any other equipment deemed appropriate by the Chief of Police. Uniforms should always be clean and neat, as this is an important part of the image people have of the CSO and the Police Department. A cap will not be worn indoors. Dependent upon the circumstances and the occasion, the Chief of Police reserves the right to modify these procedures in order to meet the security needs of the City of Columbia Heights and the Columbia Heights Police Department. Any additional costs for security deemed necessary by the Chief of Police shall be the responsibility of the renter of the facility. Prior to leaving, the CS0 shall make a walk-through of the building and make certain the doors are locked. If there are unsecured doors, advise the caretaker. JOHN APPENDIX K . MURZYN HALL TELEPHONE SYSTEM (August 30, 1995 Draft) When using the JPM telephone system, "9" must be dialed to get an outside line. For inside lines, dial the three digit extension number (the last three digits of the seven digit phone number). Extensions beginning with a "2" may not be dialed directly from an outside line. Extensions beginning with a "1" may not be dialed directly from any line (outgoing calls only). Phones shall only be moved by the Recreation Director or his/her designate. For more information on the various uses of the phone system, refer to the City telephone features manual. TELEPHONE LOCATION TELEPHONE NUMBER JACK NUMBER Recreation Main Phone Line Recreation Director Office Recreation Program Coordinator Office Program Assistant Office Senior Citizen Coordinator Office Preschool Room Unassigned Unassigned 24 Hour Information Line Recreation Fax Line Custodial Office LaBelle Lounge Kitchen Youth Lounge (Boosters Office) Unassigned Recreation Clerk/Typist II Desk Recreation/Park Clerk Typist II Desk Unassigned Athletic Equipment Room Senior Center Program Assistant Desk Keyes Room McKenna Room Mathaire Room Edgemoor Room Prestomon Room Unassigned Unassigned Gauvitte Room McKenna Room McKenna Room McKenna Room Elevator (9-9-1-1 Auto-dial) Fire Alarm Pay Phone (Outside LaBelle Lounge) Old JPM Line (Currently not working) 782-2860 *A2, A3 or A4 782-2861 22 782-2862 18 782-2863 17 782-2864 16 782-2865 6 782-2866 782-2867 782-2868 782-2869 *A2, A3 or A4 782-2870 8 782-2871 14 782-2872 13 782-2873 5 782-2874 262 *A2, A3 or A4 263 *A2, A3 or A4 264 23 265 10 266 4 267 21 164 24 165 1 166 27 167 12 168 11 169 170 171 15 172 2 173 25 174 26 175 9 176 788-9809 788-9729 27 *Recreation main line, Clerk/Typist II desk lines and Recreation fax line are A2, A3 & A4 (exact jack designations unknown). MURZYN: AP-KREV. JPM Page - 3 . the Police DepartJaent and the entire City organization. While on duty, the CS0 working shall carry a Police Department radio. They shall also carry a flashlight and if properly trained, may carry Mace and handcuffs. They will not carry a nightstick. Uniforms should always be clean and neat, as this is an important part of the image people have of the CS0 and the Police Department. A cap will not be worn indoors. Prior to leaving, the CSO shall make a walk through of the building and make certain the doors are locked. If there are unsecured doors advise the caretaker. ' MURZYN: AP-JREV. JPM Page - 3 the Police Department and the entire City organization. ~nile on duty, the CS0 working shall carry a Police Department radio. They shall also carry a flashlight and if Droperly trained, may carry Mace and handcuffs. They will not carry a nightstick. Uniforms should always be clean and neat, as this is an important Dart of the image people have of the CSO and the Police Department. A cad will not be worn indoors. Prior to leaving, the CS0 shall make a walk through of the building and make certain the doors are locked. If there &re unsecured doors, advise the caretaker. MURZYN: AP-JREV. JPM JOHN P. MURZYN Z U P ENT Appendix L OPERATION PROCEDURES o COFFEE MAKER - Make coffee for user groups as directed in the large kitchen coffee maker. To make coffee: i. Install filter in basket. ii. Place 3 1/2 cups of coffee in filter. iii. Set filter in basket and water discharge pipe in coffee maker. iv. Push button behind temperature dial located at left hand side of coffee maker. This starts the water flowing through the coffee maker. The water will stop automatically when the coffee maker.is 3/4 full. At that point the coffee is ready to be dispensed. v. Repeat the procedure on the other side of the coffee maker if both sides are to be used. DISh-WASHER - Operate the kitchen dishwasher for user groups as directed: i. Dishwasher Operation a. Turn on the water line (next to heater). b. Turn on booster heater at wall box. c. Close drain by turning black handle under shelf towards yourself. d. Turn fill on. e. Turn heater on. f. Wait for fill (~ five minutes). g. Detergent, destainer and rinse additive are automatically injected. ii. End of Day a. Pull out screens. b. Open drain by turning black handle under shelf towards wall. c. Turn power and heater off. d. Turn off booster heater at wall box. e. Turn water off (perpendicular to water line.) f. Leave unit open. MURZYN: AP-L.JPM CITY COUNCIL LETTER Meeting of: December 11, 1995 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER'S APPROVAL NO: 7 ITEM: METROPOLITAN LIVEABLE COMMUNITY ACT BY: P. HENTGES BY: ~.-~-'~-~_N ~GOALS DATE: 12-7-95 DATE¥ ~/.~ NO: The City Council passed a resolution electing to participate in the Metropolitan Liveable Community Act Program. The second step which must be implemented by December 15th includes the approval of a housing goals agreement consistent with the Metropolitan Liveable Community Act principles. The first draft agreement as presented by Met Council staff included some general principles and a comparison of the City affordable, life cycle, and density indexes in comparison to a metropolitan benchmark index. In all cases, the City meets or exceeds the benchmark indicators. As I previously suggested, the Metropolitan Liveable Community Act may on a voluntary basis promote greater housing affordability and life cycle opportunities in the developing of more affluent suburbs. However, MLCA does not to any degree assist fully developed or inner ring suburbs in improving or rehabilitating the vast stock of existing affordable housing. Accordingly, I have redrafted the Met Council's proposed principles into statements that are more consistent with the needs of Columbia Heights. I suspect that Columbia Heights will have some resistance on the part of Met Council with approval of the redraft document. As a matter of principle, our City's housing efforts should be based upon principles that are consistent to the City's housing needs. I recommend that the attached proposed re-draft document be authorized for submittal to the Metropolitan Council. RECOMMENDED MOTION: Move to approve submittal to the Metropolitan Council the Metropolitan Liveable Community Act Housing Goals, and authorize the City Manager to further negotiate the final implementation plan. COUNCIL ACTION: MET COUNCIL ORIGINAL DRAFT DRAFT HOUSING GOALS AGREESIENT METROPOLITAN LIVABLE COMSIUNITIES ACT PRINCIPLES The city of Columbia Heights supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment ofthe community while striving to accommodate the need for a variety of housing types and costs. 6. The availabilitv of a full range of services and facilities for its residents, and the improvement Sfac:ess to and linkage between housing and employment. GOALS To carry out the above housine principles, the Citv of Columbia Heights agrees to use benchmark indicatdrs for communities of ~'imilar location and'sta~,e of development as aff'ordable and life- cycle housing goals for the period 1996 to 2010, and'{o make its best efforts, given market conditions and resource availability, to maintain an index within the benchmark ranges for affordability, life-cycle and density. Affordability Ownership 96% 77.87% Rental 58% 45-50% Life-Cycle ~tja~d~n-sin gle family 36% 33-41% O~m-~r lv~ 68/32% (~-7~ I D~nsity Single-Famdv Dc:ached 4.0/acre 2.3-2.9/acre Multifarmlv 22/acre 13-15/acre To achieve the above goals, the City of Columbia Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program. and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIFICATION Mayor Date Affordable and Life-Cycle Housing Opportunities Amount For Columbia Heights Your ALHOA Amount for: Columbia Heights 1996 $0 Not required 1997 (Estimate) $1,398 DRAFT HOUSING GOALS AGREEMENT METROPOLITAN LIVEABLE COMMUNITIES ACT PRINCIPLES PRINCIPLES: The City of Columbia Heights supports: 1) The development of housing types for people in ail stages of the life cycle, with particular emphasis on additional senior housing opportunities and owner-occupied housing that is more consistent with metropolitan/suburban average vaiues. 2) Housing redevelopment activities that promote a balanced housing stock within the Metropolitan Council's benchmark ranges of affordability, life style, and density. 3) Principles that assure that the City's various housing programs continue to accommodate people at all income levels, raciai groups, or ethic backgrounds. 4) The promotion of redevelopment activities that diversify the tax base, maximize land use utilization, and at the same time respect the naturai environment. 5) An emphasis on housing activities that serve to rehabilitate the vast owner-occupied--affordable housing resources already existing in the city. 6) Where feasible, establish rental rehabilitation programs aimed at stabilizing and improving the conditions of the vast affordable rental housing resources already existing in the city. GOALS: To carry out the above housing principles, the City of Columbia Heights agrees to use benchmark indicators for communities of similar location and state of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to maintain an index within the benchmark ranges for affordability, life-cycle and density. I CITY INDEX ] BENCHMARK I GOAL Affordability Ownership 96% 77-87% 86% Rental 58% 45-50% 49% Life-Cycle Type (Non-Single Family Detached) 36% 33-41% 38% Owner/Renter Mix 68/32% (64-75)/ 75/25% (25-36)% Density Single-Family Detached 4.0/acre 2.3-2.9/acre 3.9/acre Multi family 22/acre 13-15/acre 21/acre To achieve the above goals, the City of Columbia Heights elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIFICATION Mayor Date CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PATRICK HENTGES, CITY MANAGER DECEMBER 7, 1995 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF DECEMBER 11, 1995 1) OPERATIONAL REPORTS Attached please find operational reports from each department outlining activities from the month of November, 1995. 2) SHARED RIDE/TRAVELER CONVERSION STATUS Be advised that Linda Magee, Assistant to the City Manager, and myself met with Anoka County Commissioner Kordiak and a representative from the Traveler to discuss the conversion of the Shared Ride Program to the Traveler County Transportation System. It appears that there will be some delays in the decision making process and actual conversion of the system to Columbia Heights. Commissioner Kordiak and county staff are working diligently to make the necessary changes to allow Traveler service in Columbia Heights and Hilltop. However, a County Public Works Committee must meet to discuss the changes and provide a final recommendation to the County Board. It appears that the actual changeover will not occur until approximately mid-January, resulting in a two to three week lapse in service for the constituents. However, the County Traveler does offer an emergency ride program staffed by volunteers for those people who need transportation to county social service appointments or medical appointments. Commissioner Kordiak is attempting to move ahead the date for the County Public Works Committee to review the matter and the County Board to take ultimate action. A joint letter from Commissioner Kordiak and the Mayor is being planned to go out to the Shared Ride users during the week of December 18th. Moreover, the Traveler will, if approved for Columbia Heights and Hilltop, will send out a letter to all residents explaining the changes and outlining features of the Traveler Program. City staff will keep the Council apprised on the status or new developments associated with the conversion to the Traveler system. 3) HOME RULE CHARTER VS. STATUTORY CITY REPORT As per the City Council's request, the City Attorney has provided further comments concerning the comparison of a Home Rule Charter Authority vs. a Statutory City Authority. As outlined in the report, many of the local charter provisions are essentially overridden by Minnesota Statutes. Also, in many cases Minnesota Statutes more clearly define the procedures or authority that is loosely defined by the Columbia Heights Home Rule Charter. As the City Attorney explained, a local home rule charter does provide in some cases more flexibility in the amendment process, whereby statutory authority requires in many cases a change in state law by the State Legislator. One major feature is that the Columbia Heights' Home Rule Charter provides for initiative and referendum, whereby Statutory Authority does not afford the citizens this process. 4) HOMEBUYER'S TAX BREAK PROGRAM Attached please find a pamphlet from the Metropolitan Council concerning the Homebuyer's Tax Base Program initiated for Columbia Heights through the Metropolitan Liveable Community Act. The Met Council's staff will be circulating this program to local real estate professionals. City staff intends to develop an informational letter from the City Council to be mailed personally to each house and property in the southeast Columbia Heights that is affected by the principle of this program. Page 2 City Manager's Report for December 11, 1995 5) LIQUOR LICENSE RENEWAL/40% FOOD SALE REQUIREMENT City staff is aware that a local liquor/restaurant establishment requesting renewal of their 1996 liquor license is having difficulty meeting the 40% food sales requirement outlined in the Intoxicating Liquor section of the City Code. Staff has discussed this matter with the City Attorney, and he has outlined a process for provisionary renewal of the license of a probationary basis. This will allow the City Council to monitor the liquor/restaurant establishment's progress towards compliance with the overall City Code and enables the business a "due process" opportunity to comply with the license requirements. 6) BRUSH IN THE ALLEY Attached please find information from the Public Works Director regarding the successful abatement of brush and shrubbery in alleys. In the past few years, Staff has implemented this program in an effort to keep the right of ways clear of impediments in the City's refuse removal and snow plowing operations. 7) MHFA FIRST TIME HOMEBUYER PROGRAM STATUS In 1995, Columbia Heights was allocated $392,847 for the MHFA First Time Homebuyer's mortgage program. To date, the City has utilized $454,048. The additional mortgage money comes from unused portions of other city's commitment. In the past year, Columbia Heights has utilized over 100% of the City's original allocations. 8) COMMUNITY IMPROVEMENT PROJECT IN THE SUNDAY NEWSLETTER Enclosed please find a copy of a nationally published newsletter on community improvement innovations. Please note on the second page that Columbia Heights' "Values" banners are highlighted as an innovative way to market the overall Values First Program. Our community's efforts to promote values are beginning to receive considerable state- wide publicity as evident by the newsletter and inquiries of Columbia Heights and Fridley officials to speak to community officials in other cities. 9) HOUSING AND REDEVELOPMENT AUTHORITY/ECONOMIC DEVELOPMENT AUTHORITY CONVERSION A proposed resolution and job description for the HRA Executive Director replacement will be prepared next week and presented for discussion at a work session concluding this December 18th City Council meeting. The City Council will be asked to conduct a hearing at either the January 8th or January 22nd Council meetings. In the meantime, at the December 18th work session, I will request authorization to proceed with the recruitment of an HRA Executive Director replacement. City staff is preparing a Community Development Director job description with responsibilities and salary similar to that of other city department head positions and/or competitive with the Community Development Director positions in similar-sized cities. cb 95/98 MEMO TO: FROM: RE: DATE: PAT HENTGES CITY MANAGER JIM HOEFT CITY ATTORNEY CHARTER VS. STATUTORY CITY DECEMBER 6, 1995 Enclosed please find a copy of the chart comparison between charter and statutory city provisions which I understand was originally prepared by an intern for the City. The comparison now contains our mutual comments, and should provide a good start to any discussions regarding potential conversion to a statutory city. In reviewing the comparison chart it becomes quite obvious that there are fewer and fewer distinctions between a charter and statutory city due to the statutory override of a number of charter provisions. However, the most significant difference that will always remain is the source of each city's authority to act. The statutory city draws its power from the specific grant of authority by the legislature as codified in the state statutes, and any change to that authority must come through a legislative change in the statutes. If there is no specific statutory authority to do what the city wants to do, it cannot do it. Whereas, the home rule charter city draws its power from the Charter, which in general can be interpreted more liberally than the statutes. Changes to a charter do not require legislative action, but rather come about through the Charter Commission. It is generally accepted advice that it is easier for a charter commission to amend a charter than it is for the legislature to amend a statute, thereby giving the city more latitude in dealing with a special circumstance. Although an inactive, disinterested or disorganized charter commission can in certain instances be more difficult to deal with than the legislature. I hope my comments above and on the enclosed comparison are helpful in your discussion on this issue. As always, please do not hesitate in contacting me as to any questions or concerns regarding the same. Z z DATE: TO: FROM: RE: CITY {DF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 December 6, 1995 Pat Hentges, City Manager Kathryn Pepin, License Clerk Liquor License for Boxseat Restaurant It has come to my attention during the renewal process for the 1996 liquor license for the Boxseat Restaurant at 4005 Central Avenue, that the operation is having difficulty meeting the 40% food sales requirement of Section 5.503(1) (g) (i) of the Intoxicating Liquor section of City Code (a copy of which is enclosed). Section 5.503(5) of the Intoxicating Liquor section of City Code requires that the applicant file with the City Clerk a statement prepared by a certified public accountant that shows the total gross sales and the Eotal food sales of the restaurant for the twelve-month period immediaEely preceding the date for filing renewal application forms. That statement, prepared by Paul Neisen, C.P.A., states the Boxseat toEal sales for the period of November 1994 through October 1995 were $449,600. Food sales represented $105,494 or 23.46% for this period. A copy of this statement is attached. Also attached is a memo from Jim Hoeft, City Attorney, regarding possible procedures the City could consider prior to or in conjunction with approving the liquor licenses for 1996. Ail review of the applications have been completed by the Police Department and approval is being recommended. It was the City Attorney's suggestion that this problem be discussed in ~he near future during a work session prior to formal action by the City Council regarding approving the license for 1996 operation. I was hoping to place these license approvals on the December 18, 1995 agenda as this is the last meeting scheduled for 1995. Please advise me as soon as possible as to how you wish to handle this situation. Contact me on extension 817 if additional information is necessary. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EIVIPLOYER SECTION 3 5.5o3 (1) INTOXICATING LIQUOR Definitions shall be as follows: The term intoxicating liquor shall mean and include ethyl alcohol and c/ode distilled~ fermented, sptrttous, vinous, and malt beverages containing in excess of 3.2Z of alcohol by weight, (b) The terms ~ale and sel%.mean and incl'ode all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violatio~, or evasion of law and.also include the usual meaning of terms. (c) The term on-sale means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only. (d) The term off-sale means the sale of intoxicating liquor in the original packaEe in retail stores for consumption off or away from the premises where sold. (e) The terms package or original package means any corked or sealed com- te'inet or receptacle holding intoxicating liquors. (f) The term hotel means and includes any esta~olishment having a resident pro- prietor or manager, where, in consIderaticn of pa)went therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than one hundred (100) guest rooms with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the regis- tration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an inte- gral part thereof, a dining room with appropriate facilities for seating not less than one hundred (100) guest6 at one time, where the general public are, in consideration of payment thereof, served with meals at tables. (Ord. 1029, ef. 12/22/82) The term restaurant means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which em- ploys an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than one hundred 'fifty (150) guests at one time. At least forty percent (40%) of the annual receipts of the establishment must result from the sale of food. [ii] Any bowling alley with not less than fifteen ~15) lanes and with appro- priate facilities for the serving of food to not less than thirty (30) per- sons. Such establishment may include bowling receipts with food receipts for purposes of calculating the sixty percent (60%) food receipt require- ment of Section 5.503(11)(p) and may include the area of its bowling lanes in the minimum dining area requirement for purposes of Section 5.503(10)(c). (h) The Iwin City'Metropolitan Area is defined as being comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties. - 171 - 6124378488 RAHN NEIS~-N S RDOT P~6E 81 PAUL W. NEIEEN. CPA ~ICHARD M. ROOT. CPA RAHN, NElSEN & ROOT, P.A. Certified Public Accountant~ 3659 160TH STREET EAST ROSEMOUNT, MINNESOTA 55C~8 {~2) 437-3226 Fax 437-8400 November 28, i995 Ms. Kathryn Pepin CitM of Columbia Heights 590 40th Avenue NE Columbia Heights, M~ 55421-3878 RE: Stiles Sports Bars, Inc. Boxaeat II 1996 License Renewal Dear Ms. Pepin: Per your request, I have compiled the sales figures required for our upcoming liquor license renewal. Total sales for the period November 1994 thru October 1995 were $449,600.00. Food sa/es represented $105,494.00 or 23.46~ for this period. If you have any questions or require more detail please call. Sincerely, Paul Netsen, CPA PWH: sh MEMORANDUM TO: KATHRYN PEPIN, LICENSE/PERMIT CLERK FROM: JIM HOEFT, CITY ATTORNEY RE: LIQUOR LICENSE FOR BOXSEAT RESTAURANT DATE: December 5, 1995 Thank you for your memo dated November 29th regarding the above referenced matter. First, unless the City wants to eliminate the 40% annual food requirement, this matter needs to be addressed so as not to set a precedence of non-enforcement which could potentially be used against the City in the future by this party or another entity similarly situated. I would not recommend the elimination of this requirement, but rather would suggest a course of action along the following lines: Put the license holder on notice, in writing, that it has not met the threshold requirement of the ordinance. Inform the license holder that the license will be approved for the coming year subject to certain conditions. You ~may even want to refer to it as a "probationary license." The most significant condition (but not necessarily the only one) I would place on the license is a quarterly review of the amount of food sales. This would give both the City and the license holder a way to monitor the progress (or lack thereof) toward compliance. I would require the license holder to propose to the City how it plans on increasing the amount of food sales (i.e. change in menu, etc.). If after three quarters the amount of food sales has not increased, I would put the license holder on further notice that the license will not be issued for the next year unless the year- end numbers show an overall increase in the percentage of food sales. The key to this procedure is that the license holder is given an opportunity to address and correct the violation. We can then establish that "due process" considerations were extended to the license holder and that any subsequent refusal to issue a license was not arbitrary and capricious. Please let me know if you have any further questions regarding this issue. Thank you. CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARKA. WINSON M~) PUBLIC WORKS DIRECTOR/CITY ENGINEER BRUSH IN THE ALLEY NOVEMBER 27, 1995 This fall Public Works inspected all the alleys for compliance on brush trimming. Approximately 275 notices were sent to property owners where the brush would impede garbage trucks and plows. The number of notices is down from last year. On November 20, a crew was dispatched to trim the brush where the property owner had not complied with the notice. There were only 15 locations to be trimmed. Each location averaged less than 15 minutes and, therefore, we will not be billing the property owners. This program has proven quite successful in keeping the property owners aware .of their responsibility to maintain the alleys. Additionally, I feel it has resulted in a neater environment that will further community pride. MAW:jb 95-737 Community Improvement Projects & Funding Route To: Networking innovative, usable project ideas to enhance community l~e in U.S. cities & towns Dear Community Leader, Does your community have a large-scale "vision project" in its future? A perfect example of this might be our lead story about a small Iowa town which is in the midst of a creative, unique and "visionary" effort to enhance downtown. This and other community improvement success stodes highlighted in this month's issue include: Thinking big in a small town: A unique canal/shopping development! -- Page 1 Street banners reinforce "seven basic values" for community ~ Page 2 Economically-depressed desert town "perks up" with new mural project -- Page 2 Texas town goes "stir crazy" over jailhouse renovation! -- Page 3 "Souper" project blossoms into county-wide effort to help disadvantaged -- Page 3 Rural community pitches in to create "Hospice House" ~ Page 4 SPECIAL REPORT: Communities rally to help guide, protect youth -- Pages 5-6 Thinking big in a small town: A unique canal/shopping development! No, this isn't a sketch of an Amsterdam street. It's what a block-long section of downtown Pella, Iowa, (Fop. 9,600) will probably look like within a few years. Pella is a restored Dutch community and popular regional tourist destination. Earlier this year, a group of citizens gathered Chamber of Commerce and city government support for what will be a $7 million commercial redevelopment of one-half of a city block downtown. The city will construct the shallow canal shown here which will run between new three-story buildings and end in the next block in the middle of an existing Dutch historical village. The new buildings will feature shops on the first floor, professional offices on the second and apartments on the third. A new welcome center with authentic Dutch windmill architecture will also be built along the canal at the historical village. One developer has agreed to commit $2.8 million toward the project, once red tape details are ironed out, with several others waiting in the wings. The city's investment will be limited to building the canal through tax increment financing, with the remainder of the project financing coming from private developers and donor support of the non-profit historical village. Chamber exec David Vollmar is already making plans to develop a Dutch winter festival 11/95 Vol. lNo. 3 around ice skating on the canal, possibly with a "Hans Bnnker" theme. He says once the canal idea surfaced and the committee was able to secure suppod from the town's power base, things began to move quickly. Actual canal construction is now expected to start this spring. "We never sit down and try to figure out where the money will come from," says Vollmar. "We figure if you have a good plan, the money will be there." Although Pella is an unusually tight-knit community with abundant ethnic pdde, this latest project points to the value of launching a unique "vision" that people can easily embrace in order to produce excitement--and cash--for a huge community improvement! Contact: David Vollmar, Executive Director, Chamber of Commerce, 518 Franklin Street, Pella, IA 50219; phone (515)628-2626. Street banners reinforce "seven basic values" for community. At four main intersections in Columbia Heights, Minnesota, you'll find colorful street banners like those shown here depicting the message of a non-profit group called Values First. The banners simply list seven words: caring, respect, integrity, citizenship, self-control, non- violence and responsibility. "This is part of our grassroots effort to promote basic values community-wide," says part-time coordinator Kelly Swanson. Other activities include efforts to raise community awareness of values through school classroom posters, workshops for parents, media publicity and visiting speakers on crime, drug and domestic abuse. Schools are cooperating by dedicating months on the calendar to the valuesgfor example, January is "respect" month and will be supported by school events centered on that theme. Values First is a spin-off from a consortium of three cities and two school districts and is being funded through a $50,000 corporate grant. Swanson says her group plans to survey youth values after a period of time to try to gauge results. "We're trying to change attitudes, and that takes a long time," she states, "but we believe each of us can make a difference." Contact: Kelly Swanson, Coordinator, Values First, 3980 Central Avenue, Columbia Heights, MN 55421; phone (612)636-0004. Economically-depressed desert town "perks up" with new mural proiect. Smack in the middle of the Mojave Desert and hit hard by the California recession, the community of Twentynine Palms needed a shot in the arm. At a meeting of merchants last year, someone had learned of the run-down island community of Chemainus, British Columbia, where 30 murals by famous artists painted on downtown buildings had sparked an economic revival. "Six of our local merchants flew to Chemainus at their own expense to check it out," says Chamber exec Karen VandenHout. From that point on, things happened quickly. The merchants soon formed the Action Council for Twentynine which brought the Chemainus project mastermind Cad Schutz to Twentynine P~lms for a fund raiser and fire-up speech. By late fall, the group had hired their first well-known artist, Dan Sawatsky, who painted on the side of a downtown furmture store a mural honoring a historic local family of miners and cattle ranchers who homesteaded in the reg~or~ Four more paintings have followed depicting a nearby national park, oasis, a famous local doctor and the Gulf War Victory Parade. The murals, which can range in cost from $7,000 to $18,000 each, are financed by the sale Community hnpro,,emcat Pro.iects & Funding of numbered prints for each work, signed by the artist. "Spectacular" unveilings help boost the project, often including fireworks and speeches from visiting dignitaries who might have a connection to the work or subject. After only one year, VandenHout has noticed that existing businesses downtown are painting and sprucing up, while new businesses such as coffee shops, a sandwich shop and art gallery, are springing up. "Overall graffiti has also dropped 95% since the art came to town," she adds. "This project has worked as a catalyst to bring an economically depressed and philosophically divided community together!" Contact: Karen VandenHout, Executive Director, Chamber of Commerce, 73644 Twentynine Palms Highway, Twentynine Palms, CA 92277; phone (619)367-3445. Texas town goes "stir crazy" over iailhouse renovation! There's a new spirit in La Grange, Texas, since the town embarked earlier this year on a project to renovate a 113-year-old county jail building (shown here) to house the Chamber of Commerce, visitor center and museum. After forming the Old Fayette County Jail Cultural Council, leaders began selling engraved stones to pave the courtyard at $500 each for purchase as memorials or by businesses. "We've sold more than 75 and we are still selling about three stones a week," says Chamber exec Margo Johnson. This, coupled with large donations from banks, helped pay for the neady $80,000 in intedor remodeling, which was completed as the first phase of the project. Profits from two new festivals will now provide funds to renovate the grounds and help establish museum displays of old jail memorabilia such as inmate dishes and unique sheriff badges. The first, called the "Spring Fling Egg- Stravaganza," was a river festival highlighted by a unique event called the "Which-Comes-First-the- Chicken-or-the-Egg Race." Numbered plastic floating chickens and eggs were sold (about 500 of each) for $5 each and tossed off a railroad trestle into the Colorado River. The first to make it to the finish line half a mile downstream won $250 for its owner. The second festival was the fall "Jailhouse Cell-Abration" which included a huge cocktail party called the "Jailhouse Golden Badge Gala" held at the jail site. For a $20 admission fee, participants could enjoy fancy hors d'oeuvres and harp music inside, or walk outside for chuck wagon style refreshments and cowboy music. Next year, this festival may nclude a statewide "Reunion of Old Sheriffs." Johnson says tt~e project has give the community a "s~ngie focus" and a "rallying place" for community pride. "People really love this old building and they believe in this project," she says. Contact: Margo Johnson, President/CEO, La Grange Area Chamber of Commerce, 171 South Main Street, La Grange, TX 78945; phone (409)968-5756. "Souper" proiect blossoms into county-wide effort to help disadvantaqed. It 'was five years ago when Chdst Episcopal Church of Smithfield, Virginia, first sponsored "Souper Saturday" --a soup supper which raised $1,200 to help pay heating fuel bills of disadvantaged people in the community. According to current project chairman Gene Lowery, other churches soon joined. Today, the "soup" event involves 28 churches in Isle of Wight County whose members contribute their best soups, breads and desserts. The event now feeds 1,200 persons and nets about $7,000 for the fuel bill program. As a result of this cooperation, the churches started the Christian Outreach Program (COP) which collects another $8,000 or so each year from donations, grants and other -3- Communi{y Improvement Projects c~ lundin fund raisers such as the sale of a community colodng book. These funds are earmarked for additional county-wide projects such as providing prescription drugs, dental care and Christmas gifts for the eldedy; refurbishing about six substandard homes each year; and finding volunteer music teachers and instruments for disadvantaged kids. In all, Lowery estimates COP now makes a positive impact on neady 200 families in the county each year. "We had no idea it would mushroom like this," he says. "We think it's great because it brings people and churches together who otherwise might not associate with one another. We're all here for the same purpose--to help other people--and this has become a very effective, hands-on project." Contact: A. Gene Lowery, Souper Saturday Chairman, cio William E. Wood & Associates, 1702 S. Church St., Smithfield, VA 23430; phone (800)378-3578. Rural community pitches in to create "Hospice House." Terminally-ill patients in the rural Cheboygan, Michigan, area with no one to care for them in their homes now have an option besides entedng a nursing home---the Hospice House. This 6,000 square foot home (see photo) built for $500,000 was completed in August and can house six patients at once, each with their own private room with outdoor deck, cable TV and VCR. The staff includes an aide dudng the daytime hours, a nurse at night, plus visi!s from hospice team members and community volunteers who provide everything from counseling to simple conversation. "It's a beautiful facility with a library, chapel, conference room, day room, kitchen and staff room," says Klm Sangster, executive director of Hospice of the Straits, the non-profit parent group for this project. Hospice House, according to Sangster, is the only rural hospice home in the nation at present. It was launched after she and her staff formed a task force of prominent community leaders who visited big-city facilities and then plunged headlong into the local project. After three years, community donations of cash, land, materials and in-kind labor totalled $300,000, with a bank loan providing the remaining $200,000. Continued fund raising is expected to pay off the loan and keep the facility in operation, possibly with some help from future grants. "It's an expensive project and a very community- intensive project," says Sangster, "but it's working. I think the message is that rural areas can't always do things the same way as cities, but you can look at your needs, resources and skills and work within that framework and be successful." She advises other community leaders interested in such a project to "Come visit us! We'll tell you all our pitfalls and show you what we did right!" Contact: Klm Sangster or Mike Wise, Hospice of the Straits, 761 Lafayette Street, Cheboygan, MI 49721; phone (616)627-4774. Good luck! Dick Hakes, Editor/Publisher About this n-' COMMUNITY IMPF MEN i PR~, =UNDING is a monthly advisory newsletter for community leaders Richard L. Hakes, EditodPublisher. C ,ght © 1995 by Ha~ h~cations. Reproduction in whole or in part is strictly forbidden. SUBSCRIPTION RATE: $119 for 12 monthb, oues. Checks should be made ;~ayable to Hakes Publications, PO Box 603, Storm Lake, IA 50588; phone (712)732- 7718. THIS PUBLI ~ATION is designed to provide accurate and authoritative ~nformation in regard to the subject matter covered, It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought (From a Declaration of Principles jointly adopted by a committee of the Amedcan Bar Association and a Committee of Publishers). Laws may vary depending upon the reader's location, so some matedal jn this newsletter may not apply to you. Community Improvement Projects & Funding does not necessarily endorse any products or services mentioned. Correspondence from community leaders concerning article ideas is encouraged. Values First DRAF-~ Subcommittee Guidelines (Business, Community Organizations, Government, Health Care, Neighborhoods, Religious Organizations, Schools, Senior Citizens, and Youth Organizations) Co-Chnlrs Each Subcommittee should be co-chaired by two persons, one representing Columbia Heights or Hilltop and one representing Fridley. Meetings Subcommittees should meet on a regular basis, either monthly, bimonthly or quarterly. Subcommittee Membership Members of a subcommittee should have an interest in the area of the subcommittee or represent an entity (volunteer or business) related to the top.~.c. For example, a nursing home administrator might be a member of the Health Care Subcommittee or a PTA officer might want to be on the Schools Subcommittee or a Girl Scout leader may want to be on the Youth Organizations Subcommittee. Length of Involvement Co-Chairs shall serve in their position for two years. (A co-chair may renew their appointment for an additional term of two years.) Each co-chair's term should start in opposite years (with a one year overlap between the two co-chairs). Subcommittee members should be able to commit at least one year. Subconmfittee membership and co-chairs should be rotated to keep volunteers and ideas "fresh." Purp(~ of a Subcommittee A Subcommittee should 1) serve as a liaison with the audience it represents, 2) coordinate community activities which support the seven core values, and 3) provide direction and planning to the co-chairs, who in turn, will bring ideas to the Vision Team. Subcommittee Responsibilities/General Liaison Duties A subcommittee should serve as a link between Values First and other community organizations and/or interested volunteers. For example, the Religious Organizations Subcommittee should keep a list of all religious organizations in the community, the Youth Organizations Subcommittee should keep a list of all youth organizations, the Senior Citizen Organizations should keep a list of senior organizations in the community, etc. Subcommittee Responsibilities/Event P]~nnlno~ Each subcommittee should plan at least one event during a calendar year (preferably September through May). 1) A Subcommittee may choose to "cosponsor" an existing community event as long as the event coincides with the seven core values. For example, the Youth Subcommittee might choose to cosponsor an existing food drive. 2) A subcommittee should coordinate their event with one of the "monthly values" if possible. For example, the Government Subcommittee might choose to plan Citizenship month activities or the Senior Citizen Subcommittee might choose to plan an event for Respect month. Financial Reimbursement Subcommittees may request funding through the Vision Team and the Vision Team Chair. Reimbursement will be made for printing, postage, and meeting refreshments on a fund available basis. Some costs may need to be donated or a subcommittee may find a sponsor for a specific event. Role of Coordinntor The Coordinator of Values First shall serve as a general administrator for the project. He/She will prepare mailings, publicity, Vision Team meeting minutes, and prepare long term plans/fundraising. Subcommittees are encouraged to copy the Coordinator on Subcommittee activities though the Coordinator may or may not attend subcommittee meetings. Community Improvement Route To: Projects & Funding Networking innovative, usable project ideas to enhance community life ~ U.S. citiqs & towns Dear Community Leader, Does your community have a large-scale "vision project" in its future? A perfect example of this might be our lead story about a small Iowa town which is inthe midst of a creative, unique and "visionary" effort to enhance downtown. This and other community improvement success stodes highlighted in this month's issue include: Thinking big in a small town: A unique canal/shopping development! -- Page 1 Street banners reinforce "seven basic values" for community -- Page 2 Economically-depressed desert town "perks up" with new mural project B Page 2 Texas town goes "stir crazy" over jailhouse renovation! B Page 3 "Souper" project blossoms into county-wide effort to help disadvantaged m Page 3 Rural community pitches in to create "Hospice House" -- Page 4 SPECIAL REPORT: Communities rally to help guide, protect youth m Pages 5-6 Thinking big in a small town: A unique canal/shopping development! No, this isn't a sketch of an Amsterdam street. It's what a block-long section of downtown Pella, Iowa, (Pop. 9,600) will probably look like within a few years. Pella is a restored Dutch community and popular regional toudst destination. Earlier this year, a group of citizens gathered Chamber of Commerce and city government support for what will be a $7 million commercial redevelopment of one-half of a city block downtown. The city will construct the shallow canal shown here which will run between new three-story buildings and end in the next block in the middle of an existing Dutch historical village. The new buildings will feature shops on the first floor, professional offices on the second and apartments on the third. A new welcome center with authentic Dutch windmill architecture will also be built along the canal at the historical village. One developer has agreed to commit $2.8 million toward the project, once red tape details are ironed out, with several others waiting in the wings. The city's investment will be limited to building the canal through tax increment financing, with the remainder of the project financing coming from pdvate developers and donor support of the non-profit historical village. Chamber exec David Vollmar is already making plans to develop a Dutch winter festival 11/95 3~bl. I No. 3 Community lmprowmcm projeCt~ & Fund~n~ around ice skating on the canal, possibly with a "Hans Brinker" theme. He says once the canal idea surfaced and the committee was able to secure support from the town's power base, things began to move quickly. Actual canal construction is now expected to start this spring. "We never sit down and try to figure out where the money will come from," says Vollmar. "We figure if you have a good plan, the money will be there." Although Pella is an unusually tight-knit community with abundant ethnic pdde, this latest project points to the value of launching a unique "vision" that people can easily embrace in order to produce excitement--and cash--for a huge community improvement! Contact: David Vollmar, Executive Director, Chamber of Commerce, 518 Franklin Street, Pella, lA 50219; phone (515)628-2626. Street banners reinforce "seven basic values" for communiW. At four main intersections in Columbia Heights, Minnesota, you'll find colorful street banners like ttlose shown here depicting the message of a non-profit group called Values First. The banners simply list seven words: caring, respect, integrity, citizenship, self-control, non- violence and responsibility. "This is part of our grassroots effort to promote basic values community-wide," says part-time coordinator Kelly Swanson. Other activities include efforts to raise community awareness of values through school classroom posters, workshops for parents, media publicity and visiting speakers on cdme, drug and domestic abuse. Schools are cooperating by dedicating months on the calendar to the values--for example, January is "respect" month and will be supported by school events centered on that theme. Values First is a spin-off from a consortium of three cities and two school districts and is being funded through a $50,000 corporate grant. Swanson says her group plans to survey youth values after a pedod of time to try to gauge results. "We're trying to change attitudes, and that takes a long time," she states, "but we believe each of us can make a difference." Contact: Kelly Swanson, Coordinator, Values First, 3980 Central Avenue, Columbia Heights, MN 55421; phone (,612)636-0004. EconomicalIwdepressed desert town "perks up" with new mural project. Smack iq the middle of the Mojave Desert and hit hard by the California recession, the community of Twentynine -Palms needed a shot in the arm. At a meeting of merchants last year, someone had learned of the run-down island community of Chemainus, British Columbia, where 30 murals by famous artists painted on downtown buildings had sparked an economic revival. "Six of our local merchants flew to Chemainus at their own expense to check it out," says Chamber exec Karen VandenHout. From that point on, things happened quickly. The merchants soon formed the Action Council for. Twentynine which brought the Chemainus project mastermind Carl Schutz to Twentynine Palms for a fund raiser and fire-up speech. By late fall, the group had hired their first well-known artist, Dan Sawatsky, who painted on the side of a downtown furniture store a mural honoring a historic local family of miners and cattle ranchers who homesteaded in the region. Four more paintings have followed depicting a nearby national park, oasis, a famous local doctor and the Gulf War Victory Parade. The murals~ which can range in cost from $7,000 to $18,000 each, are financed by the sale Community Improvemcm Projects & Fundinl of numbered pdnts for each work, signed by the artist. "Spectacular" unveilings help boost the project, often including fireworks and speeches from visiting dignitaries who might have a connection to the work or subject. After only one year, VandenHout has noticed that existing businesses downtown are painting and sprucing up, while new businesses such as coffee shops, a sandwich shop and art gallery, are springing up. "Overall graffiti has also dropped 95% since the art came to town," she adds. 'q'his project has worked as a catalyst to bdng an economically depressed and philosophically divided community together!" Contact: Karen VandenHout, Executive Director, Chamber of Commerce, 73644 Twentynine Palms Highway, Twentynine Palms, CA 92277; phone (619)367-3445. Texas town .goes "stir crazy" over iailhouse renovation! There's a new spidt in La Grange, Texas, since the town embarked earlier this year on a project to renovate a 113-year-old county jail building (shown here) to house the Chamber of Commerce, visitor center and museum. After forming the Old Fayette County Jail Cultural Council, leaders began selling engraved stones to pave the courtyard at $500 each for purchase as memorials or by businesses. "We've sold more than 75 and we are still selling about three stones a week," says Chamber exec Margo Johnson. This, coupled with large donations from banks, helped pay for the nearly $80,000 in interior remodeling, which was completed as the first phase of the project. Profits from two new festivals will now provide funds to renovate the grounds and help establish museum displays of old jail memorabilia such as inmate dishes and unique sheriff badges. The first, called the "Spdng Fling Egg- Stravaganza," was a dver festival highlighted by a unique event called the "Which-Comes-First-the- Chicken-or-the-Egg Race." Numbered plastic floating chickens and eggs were sold (about 500 of each) for $5 each and tossed off a railroad trestle into the Colorado River. The first to make it to the finish line half a mile downstream won $250 for its owner. The second festival was the fall "Jailhouse CelI-Abration" which included a huge cocktail party called the "Jailhouse Golden Badge Gala" held at the jail site. For a $20 admission fee, participants could enjoy fancy hors d'oeuvres and harp music inside, or walk outside for chuck wagon style refreshments and cowboy music. Next year, this festival may include a statewide "Reunion of Old Sheriffs." Johnson says the project has give the community a "single focus" and a "rallying place" for community pdde. "People really love this old building and they believe in this project," she says. Contact: Margo Johnson, President/CEO, La Grange Area Chamber of Commerce, 171 South Main Street, La Grange, TX 78945; phone (409)968-5756. "Souper" project blossoms into county-wide effort to help disadvantaqed. It was five years ago when Chdst Episcopal Church of Smithfield, Virginia, first sponsored "Souper Saturday" --a soup supper which raised $1,200 to help pay heating fuel bills of disadvantaged people in the community. According to current project chairman Gene Lowery, other churches soon joined. Today, the "soup" event involves 28 churches in Isle of Wight County whose members contribute their best soups, breads and desserts. The event now feeds 1,200 persons and nets about $7,000 for the fuel bill program. As a result of this cooperation, the churches started the Christian Outreach Program (COP) which collects another $8,000 or so each year from donations, grants and other -3- Community Improveme]~t Project~ ~. Fundin, fund raisers such as the sale of a community colodng book. These funds are earmarked for additional county-wide projects such as providing prescription drugs, dental care and Christmas gifts for the elderly; refurbishing about six substandard homes each year; and finding volunteer music teachers and instruments for disadvantaged kids. In all, Lowery estimates COP now makes a. positive impact on nearly 200 families in the county each year. "We had no idea it would mushroom like this," he says. "We think it's great because it bdngs people and churches together who otherwise might not associate with one another. We're all here for the same purpose~to help other people--and this has become a very effective, hands-on project." Contact: A. Gene Lowery, Souper Saturday Chairman, c/o William E. Wood & Associates, 1702 $. Church St., Smithfield, VA 23430; phone (800)378-3578. Rural community Ditches in to create "Hospice House." Terminally-ill patients in the rural Cheboygan, Michigan, area with no one to care for them in their homes now have an option besides entering a nursing home--the Hospice House. This 6,000 square foot home (see photo) built for $500,000 was completed in August and can house six patients at once, each with their own private room with outdoor deck, cable TV and VCR. The staff includes an aide during the daytime hours, a nurse at night, plus visits from hospice team members and community volunteers who provide everything from counseling to simple conversation. "It's a beautiful facility with a library, chapel, conference room, day room, kitchen and staff room," says Klm Sangster, executive director of Hospice of the Straits, the non-prof'~ parent group for this project. Hospice House, according to Sangster, is the only rural hospice home in the nation at present. It was launched after she and her staff formed a task force of prominent community leaders who visited big-city facilities and then plunged headlong into the local project. After three years, community donations of cash, land, materials and in-kind labor totalled $300,000, with a bank loan providing the remaining $200,000. Continued fund raising is expected to pay off the loan and keep the facility in operation, possibly with some help from future grants. "It's an expensive project and a very community- intensive project," says Sangster, "but it's working. I think the message is that rural areas can't always do things the same way as cities, but you can look at your needs, resources and skills and work within that framework and be successful." She advises other community leaders interested in such a project to "Come visit us! We'll tell you all our pitfalls and show you what we did dght!" Contact: Klm Sangster or Mike Wise, Hospice of the Straits, 761 Lafayette Street, Cheboygan, MI 49721; phone (616)627-4774. Good luck! Dick Hakes, Editor/Publisher About this n ~ COMMUNITY IMPF .MEN'[ PRe,. FUNDING is a monthly advisory newsletter for community leaders. Richard L. Hakes, Editor/Publisher. C ight O 1995 by Ha~-;: 'Jblicafions. Reproduction in whole or in part is stdct~ forbidden. SUBSCRIPTION RATE: $119 for 12 montt~ -sues. ~ should be made payable to Hakes PublicalJons, PO Box 603, Storm Lake, IA 50588; phone (712)732- 7718. THIS PUBL;:,ATION is designed to provide accurate and authoritative informalJon in regard to the subject matter covered. It is sold with the understan(fmg that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other ~ assis~nce is required, the services of a competent profes~onal person should be sought (From a Declaration of Principles jointly adopted by a committee of the Amefk~n Bar Association and a Comm~ee of Publishers). Laws may vary depending upon the reader's Ioca'd<~, so some material k~ this nowsletter may not apply to you. Corm~unity Improvement Projects & Funding does not necessarily endome any IXOducts or ser~ces mentformd. Cor~esp<mdence from community leaders concerning article ideas is encouraged. DRAFT Subcommittee Guidelines (Business, Community Organizations, Government, Health Care, Neighborhoods, Religious Organizations, Schools, Senior Citizens, and Youth Organizations) Co-Cbnlrs Each Subcommittee should be co-chaired by two persons, one representing Col-mbia Heights or Hilltop and one representing Fridley. Mee~ino~s Subcommittees should meet on a regular basis, either monthly, bimonthly or quarterly. Subcommittee Membership Members of a subcommittee should have an interest in the area of the subcommittee or represent an entity (volunteer or business) related to the topic. For example, a nursing home administrator might be a member of the Health Care Subcommittee or a PTA officer might want to be on the Schools Subcommittee or a Girl Scout leader may want to be on the Youth Organizations Subcommittee. Length of Involvement Co-Chairs shall serve in their position for two years. (A co-chair may renew their appointment for an additional term of two years.) Each co-chair's term should start in opposite years (with a one year overlap between the two co-chairs). Subcommittee members should be able to commit at least one year. Subcommittee membership and co-chairs should be rotated to keep volunteers and ideas "fresh." ~ of a Subcommittee A Subcommittee should 1) serve as a liaison with the audience it represents, 2) coordinate community activities which support the seven core values, and 3) provide direction and planning to the co-chairs, who in turn, will bring ideas to the Vision Team. Subcommittee Responsibilities/General Liaison Duties A subcommittee should serve as a link between Values First and other community organizations and/or interested volunteers. For example, the Religious Organizations Subcommittee should keep a list of all religious organizations in th~ community, the Youth Organizations Subcommittee should keep a list of all youth organizations, the Senior Citizen Organizations should keep a list of senior organizations in the community, etc. Subcommittee Responsibilities/Event Planning Each subcommittee should plan at least one event during a calendar year (preferably September through May). 1) A Subcommittee may choose to "cosponsor" an existing community event as long as the event coincides with the seven core values. For example, the Youth Subcommittee might choose to cosponsor an existing food drive. 2) A subcommittee should coordinate their event with one of the "monthly values" if possible. For example, the Government Subcommittee might choose to plan Citizenship month activities or the Senior Citizen Subcommittee might choose to plan an event for Respect month. ~'~innncinl Reimbursement Subcommittees may request funding through the Vision Team and the Vision Team Chair. Reimbursement will be made for printing,' postage, and meeting refreshments on a fund available basis. Some costs may need to be donated or a subcommittee may find a sponsor for a specific event. Role of Coorrllnntor The Coordinator of Values First shall serve as a general administrator for the project. He/She will prepare mailings, publicity, Vision Team meeting minutes, and prepare long term plans/fundraising. Subcommittees are encouraged to copy the Coordinator on Subcommittee activities though the Coordinator may or may not attend subcommittee meetings. TO: FROM: DATE: RE: CITY OF COLUMBIA HEIGHTS MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER NOVEMBER 30, 1995 CITY/HRA OPERATING AGREEMENT AND REPLACEMENT FOR DON SCHNEIDER, EXECUTIVE DIRECTOR OF THE HRA/CITY COMMUNITY DEVELOPMENT ACTIVITY SUPERVISOR After long study and discussion, the City Council and the HRA entered into an operating agreement whereby two entities share staff and office resources. The result of the agreement calls for the HRA/City Staff combination to operate much like a Community Development organization. The agreement combined the separate payrolls, accounting activities, and reduced the level of staff needs that existed previous to the agreement. From the viewpoint of the City Manager and the HRA Director, the agreement has worked well, with a few notable exceptions. First, it was originally thought that the HRA staff could be converted to the less costly PERA retirement option. PERA has since ruled that HRA staff must become directly subordinate to the City to be eligible in PERA. We have broadened the responsibility of the HRA Executive Director duties to include supervision of Community Development-related activities and further emphasis on Economic Development activities. In turn we may want to look at candidates who have more of a city developmenffeconomic development background, as opposed to a candidate with a solely HRA background. The absence of PERA retirement eligibility may somewhat limit the pool of candidates. Second, the current system of having the HRA Executive Director, who is subordinate to two bodies, is not without policy conflicts. Again, most cities are more effectively organized with the city staff serving as the direct staff for the HRA. This organizational format effectively eliminates the potential conflicts the HRA Director would have by being subordinate to the city for some activities, but being subordinate to the HRA relevant to his or her employment status. Third, a current policy approval process involves a fair amount of decision making duplication on the part of the HRA Commission and City Council. For example, the HRA is responsible for the implementation of most housing and redevelopment programs, but in many cases requires pre- approval of the City Council. The HRA currently places a majority of its focus on the operations of Parkview and Section 8 program, whereby the City as of late has focused on economic development, housing revitalization, and various other redevelopment priorities. Again, if the priorities of the HRA and the City Council move dramatically apart, the staff essentially will be in an "conundrum". The HRA Executive Director would be placed in the "lose-lose" situation of establishing the course of direction that is most compatible with his or her employment situation. Fourth, as we've previously reported, the true independently staffed HRA agencies are becoming Memo to Mayor/City Council RE: November 30, 1995 Page 2 HRA Issues "dinosaurs". The state and federal grant program revenues that have in the past supported these agencies no longer exist or have been severely cut back. The time spent by an HRA Executive Director in administrating a small HRA agency is no longer an efficient use of resources, when most of these elements or services are available in the greater city organization. Thus, a small independent HRA agency can no longer operate effectively with a limited staff, financed through limited program revenues. I essentially see the following options or combinations thereof for the City Council and the HRA to follow relevant to the ongoing nature of the joint operating agreement, and the replacement of the HRA Executive Director/community development supervisor. Option 1) Revise the current operating agreement. The responsibilities of the HRA Executive Director should be more clearly defined in terms of his/her supervision of the City staff and handling of policy matters affected by both the HRA and City Council. Option 2) Essentially cancel the current operating agreement. From a city's standpoint, establish rent charges and accounting charges consistent with most city operations. From the HRA standpoint, establish administrative charges for city programs such as CDBG, special grant administration, tax increment financing, etc. that are consistent with their costs of doing business. Option 3) Leave the HRA intact, but convert HRA staff to City employment. The HRA staff would revert to City employment and operate as a fully formed Community Development Department providing HRA support and City building, zoning, and development services. Further, the HRA would retain responsibility over such funds as Parkview Villa, Section 8, etc. Option 4) Eliminate the ]Housing and Redevelopment Authority in favor of Economic Development Authority. The EDA which includes all the power of an HRA does provide more flexibility in administration, some additional powers, and additional flexibility in appointments or board makeup. The current staff of the HRA would be eliminated with dissolution of the HRA Board, but could be hired back in similar city positions that would serve as a community development staff and staff administration to the EDA. Option 5) Maintain the Housing and Redevelopment Authority and create an Economic Development Authority. The HRA would be responsible for housing related programs, including Parkview, Section 8, and certain housing grant programs. In turn, the EDA would be responsible for economic development, tax increment financing, and administration of those grant programs which the City Council felt Memo to Mayor/City Council RE: November 30, 1995 Page 3 HRA Issues compelled to be responsible for. Again, the HRA staff would formally convert to the City employment under the direction of the City Manager. The staff would continue to function as a Community Development Department and again provide assistance to both the HRA and the newly formed EDA. In the opinion of the outgoing HRA Executive Director and myself, Options 5 appears to be a most workable option from a policymaking and staff administration standpoint. It provides for more effective administration on the part of staff, and streamlined policy making on the part of Councilmembers and HRA Commissioners. Further, this type of model has worked well in most cities. cb Housing & Redevelopment Authority of Columbia Heights Comml~lone~s Euaebiua Heintz Pal~;ta dindra Richard DualJn Donald d. Mu~zyn, Jr. 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857' (612) 782-2854 MEMO DATE: TO: FROM: RE: November 28, 1995 Linda Magee, Assistant to the City Manager Donald Schneider, HRA Executive Director RECRUITMENT OF NEW HRA EXECUTIVE DIRECTOR At the November 21 meeting of the HRA Board of Commissioners the Board approved proceeding with preparation of a new job description and advertising for and hiring of a new HRA Executive Director. Respectfully request that you proceed with the above as soon as possible. If the job description is completed by December 4 the HRA Board and City Council Could consider such at their joint work session meeting. Enclosed for your information and records is a copy of my resigna- tion letter of November 21. Please call or see me if you have any questions. Enclosure cc: HRA Commissioners Equal Opportunity Employer Equal Housing Opportunity Agency Housin g & Redevelopment Authority of Columbia Heights 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857. (612) 782-2854 November 21, 1995 Mr. Donald J. Murzyn Jr, Chair and Board of Commissioners Housing and Redevelopment Authority (HRA) of Columbia Heights 590 40th Avenue N.E. Columbia Heights, PiN 55421 RE: RESIGNATION AS OF 12-31-95 Dear Chair Murzyn & Board Members: This is to inform you that as of December 6, with your approval, I will be reducing my work days to Monday through Wednesday at 60% of pay and benefits. I will work at least 8 hours per day each day Monday through Wednesday until December 31. As of December 31, or as of December 5 if above is not satisfactory, I ~n officially resigning my positions as Executive Director of the HRA and as Director of the City Community Development Department. I have accepted the Executive Director position with the West Central Minnesota Housing Partnership (WC.U/EP) and will be working on Housing for low to moderate income people in the nine county area around Fergus Falls. My six years with the Columbia Heights HRA and City have been challenging and rewarding. It was great: to be actively involved in the development of the 45 unit Parkview Villa South Senior Housing, Renovations to Parkview Villa North, the Miske Development, the Barnick Development and many other housing and economic development projects. As you know my wife and I have a large old house in Starbuck that we are renovating into a Bed and Breakfast. With the position in Fergus Falls I will be able to be home in Starbuck every night instead of just being in Starbuck on weekends, holidays and vacations. Thank you for your support and assistance over the years. Columbia Heights has a great HRA with great programs thanks to your cooperation and efforts. Donald R. Schneider Executive Director cc: City Manager, Patrick Hentges Equal Opportunity Employer Equal Housing Oppodunity Agencj 1~ Housing & Redevelopment Authority of Columbia Heights Eu#biu~ Heintz 8ru~ N~m'oc~ ~ Du~in Dot.Id J. Murzyn, ~. 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857. (612) 782-2854 DATE: TO: FROM: RE: JANUARY 17, 1995 PATRICK W. HENTGES, CITY MANAGER/JUNE JOHNSTON, ASST. CITY ASSISTANT FINANCE DIRECTOR - AGREEMENT FOR CONSOLIDATION OF CITY BUILDING DEPARTMENT AND HOUSING AND REDEVELOPMENT AUTHORITY STAFF Enclosed for your file is a signed original copy of the above referenced agreement. Please call or see me if you have any questions. Encl cc: HRA Comm/Evelyn Nygaard Equal Opportunity Employer Equal Housing Opportunity Agency ~GREEMENT FOR CONSOLIDATION OF CITY BUILDING DEPARTMENT~. ~ ~ND HOUSING ~ND REDEVELOPMENT AUTHORITY ST~FF ~__ ).~' This agreement made this //~ day of ~-~/~~ , 199~, by and between the Housing and Redevelopment Authority of Columbia Heights, a body corporate and politic, organized and existing under and by the virtue of the laws of the State of Minnesota, hereinafter called the "HRA" and the City of Columbia Heights, hereinafter referred to as the "City". WHEREAS the City and the HRA have determined that it is desirable to share staffs from the current City Building Department and HRA in a combined City office functioning as the Community Development Department; and WHEREAS to facilitate this combining of the offices of the City Building Department and the HRA on a temporary basis without the HRA employees becoming City employees, it is necessary to have an agreement between the HRA and City in regard to issues, cost reimbursement, equipment use, and the matters as enumerated below. THEREFORE, it is hereby agreed as follows: Personnel: The City and HRA agree to share personnel in the combined City office functioning as Community Development Depart- ment with the City and HRA sharing personnel costs on the basis of HRA/City services provided. Following are the personnel the City and HRA will provide for the combined office, with new personnel to be employed witt~in sixty (60) days: HRA Executive Director (Community Development Director) Housing Coordinator (Housing Administrator) Secretary Occupancy Specialist/Family Self Sufficiency Coordinator CITY Building Official Zoning/Grant Administrator Secretary Duties of current City Building Department/HRA personnel may be adjusted by the HRA Executive Director and City Manager as is necessary for tlhe efficient operation of the combined office. The City agrees to provide personnel services for the HRA includ- ing, but not limited to, maintaining personnel records, hiring and pay equity. To enable an orderly transition of the HRA and Building Department staffs into a combined office, the HRA Executive Director will be in charge of the combined office. The Director will be directly responsible to the City Manager for the actions of the City employees. Until the HRA employees actually become employees of the City, the HRA Executive Director shall also be responsible to and report to the HRA Board of Commissioners for the activi- ties/actions of the HRA and its employees. (i) CONSOLIDATION - CITY BLDG. DEPT. & HRA STAFF The City agrees to employ an additional full-time employee for the combined office to serve as the Zoning/Grants Administrator. The HRA agrees to hire a part-time (20 hr/wk) Occupancy Specialist/FSS Coordinator. Cost Proration: The proration of costs for personnel/office supplies and equipment shall be established jointly by the City Manager and HRA Executive Director on an equitable, justifiable basis. Where costs for personnel services are reimbursed by federal programs (e.g. Community Development Block Grant (CDBG), Comprehensive Improvement Assistance Program (CIAP), & HOME), only property documented (on time basis) services will be reimbursed to the HRA/City. The budget for the operation of the combined office shall be that included in this agreement as Exhibit "A". Additional City Contract Services to be Provided: In accordance with the City/HRA agreement for computerized accuunting services (dated 23 February 1993), the City agrees to continue providing accounting services for the HRA. In accordance with the HRA/City agreement for Building Inspection /Rehabilitation Specification writing Service, dated 30 June 1993, as amended here, the City Fire Department Housing Inspection personnel will continue to provide all necessary (HRA requested) Section $ Rent Assistance program inspections. In accordance with the same 30 June 1993 agreement, the city agrees to continue to provide Housing Rehabilitation Program inspections/ work write-ups. Due to the City elimination of the Assistant Building Inspector position and creation of the Zoning/Grants administrator position, the Building official will provide these services. Where the subject 30 June 1993 Agreement states ,,Assistant Building Inspector", the subject agreement is hereby amended to read "City Inspector". City Inspector is defined as City Fire Department Housing Inspector in regard to Section 8 Rental Assistance Program inspections and City Building official in regard to Housing Rehabilitation program inspections/work write- ups. office Space/Equipment: To enable the efficient operation of the combined office, the City agrees to remove its maintenance storage from the former City jail cells area and Finance Department storage from the office between the former jail cell area and Conference Room in the area currently used by the HRA as their office. The City agrees to remove the jail doors, etc. to enable better utilization of the former jail cells area by the combined office. This is to be completed within sixty (60) days of the signing of this agreement. Any additional (in addition to that already in the current HRA office) furniture, files and other equipment (including computers) necessary for the efficient operation of the combined offices of Community Development Department are to be furnished by the city on an as needed basis (as approved by both the CD Director and City Manager). (2) ~CONSOLIDATION - CITY BLDG. DEPT. & HRA STAFF Work Hours, Office Procedures/Policies: Standard work hours for the Community Development Department shall be the same as the City work hours. At the CD Director's discretion, individual staff members may be allowed to work on flexible time schedules. However, the office must have adequate staffing at all times to serve the combined offices customers in an efficient manner. Current and any new HRA personnel will be under the HRA Personnel Policy. Current and any new City personnel will be under the City Personnel Policy. Aqreement to Consolidate Accountinq and Personnel Records: In order to further increase the efficiency of the combined office, the HRA and City agrees to integrate its financial, accounting, and personnel records into the City system. The City shall hold in trust the records and provide the necessary reporting consistent with State, Federal, and GFOA Reporting Standards. The records integration shall be accomplished with the following items: A. The financial accounting records as required by Federal and State programs. B. Pursuant to GFOA Accounting, State and Federal accounting standards, the City shall establish a series of accounts and funds to provide accounting activities of the HRA including a Central office Fund, Parkview Funds, CDBG Fund, and MHFA Fund, etc. C. Accounts Payable activities, including checks, vouchers, and purchase orders shall be issued by the City of Columbia Heights on behalf of the HRA; only upon approval and direction of the HRA, provided the HRA has sufficient funds encumbered to cover said financial transactions. D. The City will conduct as part of its annual audit, a financial audit of the HRA funds that are included within the City's financial records. If necessary, the HRA will prepare an independent audit document. In any event, the City's costs for the HRA's portion of its audit, combined with a indepen- dent audit document as required by the HRA, will not exceed $4,000 annually. E. The HRA will regularly submit to the City on a timely basis, any HRA Commissioners' approvals necessary to authorize HRA transactions. F. The payroll records of the current HRA employees shall be transferred to the City. The City will be responsible for preparing payroll, upon direction of the HRA. G. The HRA shall remain responsible for the hiring, discipline, and discharge, together with compensation adjustments of those employees transferred to the City payroll. H. Upon transfer, the HRA employees and the HRA would be respon- sible for enrollment into the Public Employees Retirement Association (PERA). The HRA retirement contribution to PERA shall come from any remaining proceeds of the HRA current retirement contribution, with any remaining amount being available to the employee as deferred compensation. I. The current agreement providing for accounting services shall remain in place. In the event full consolidation of financial records is achieved, the City's current accounting and financial services charge of $13,200 and audit cost of $5,900 will be reduced and replaced with a general administrative overhead charge of $6,600 and audit cost not exceeding $4,000. (3) CONSOLIDATION - CITY BLDG. DEPT. & HRA STAFF e Timinq: Consolidation of the offices of the City Building Department and HRA is to start immediately upon HRA Board and City Council approval of this agreement. The consolidation of the HRA accounting and personnel records shall occur retroactive to January l, 1995. It is understood by both the City and the HRA that it may take a month to two months to make the office changes necessary and to accomplish the physical move of equipment and personnel necessary. The consolidation is to be completed within sixty (60) days of the signing of this agreement· Cancellation: In the event the consolidation effort cited in this agreement is determined to be non-workable by either party, it may be canceled by either party by a sixty (60) day notice to the other party; provided however that the actual termination will occur at the end of the nearest budget year. ~~,~ Dated this //~ day of ~/~. ~ , 199~..___ Housing and Redevelopment Authority 590 40th Avenue N.E. Columbia Heights, MN 55421 City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 D. J. FMu~~ir ' /o~s~h Sturd~vant, Mayor Patrick ~. H~-~g , City Manager agrstaff12/22/94 AGREEMENT FOR BUILDING INSPECTION/REHABILITATION SP]'~CIFICATION WRITING SERVICE This agreement made this ~JP~ day of ~/~ , 1993, by and between the Housing and Redevelopment Authority of Columbia Heights, a body corporate and politic, organized and existing under and by t_he virtue of the laws of the State of Minnesota, hereinafter called the "ERA" and the City of Columbia Heights, hereinafter referred to as the "City". Whereas, the ~RA desires to avail itself of certain building inspection and rehabilitation specification writing services; Now, therefore, the ~RA and the City do mutually agree as follows: 1. RENTAL ASSISTANCE PROGRAM INSPECTIONS: Initial Lease-up ~nspections: The initial lease-up inspections are to be completed within two (2) working days of the request placed by the HRA. These inspections will be coordinated by the Occupancy Specialist/Housing Coordinator, hereinafter referred to as the "}fRA staff member." If violations of the program Housing Quality Standards are found, the~' ' ' , hcrcin~ftcj rcfarrt~ to t~~ immediately notify the owner of the property being inspected via a copy of the inspection report and a written indication as to what work must be performed on the property in order to meet HQS requirements. Further, within twenty-four (24) hours after being notified by the owner that the required repairs have been completed, the City Inspector is to complete a follow-up inspection.. If the work meets all specifications, a final inspection report is to be furnished to the KRA. The City Inspector shall continue to inspect the property until such time as the property meets all HQS requirements and a final inspection report has been furnished. B. Special/Interim Inspections: If a tenant of a unit being assisted ~rough the Rental Assistance Program requests that a special inspection be performed on the rental unit, the City Inspector shall inspect said unit within two (2) working days after receipt of t. he request. If the unit is in violation of HQS requirements the City Inspector shall notify the property manager/owner of the violations and normally indicate that they have thirty (30) days in which to correct the violations and meet the HQS requirements. The unit is to be reinspected until such time as the violations have been corrected and the unit meets all HQS requirements. A copy of the inspection report and all subsequent correspondence on t. he matter is to be provided to t_he HRA. Annual ~OS Inspection: The City Inspector shall perform an annual HQS inspection of each of t_he Rent Assisted Units. The HRA staff person will provide the City Inspector with a comprehensive list of the names, addresses, and phone numbers of the tenants and landlords who require an annual HQS inspection. The inspections are to be scheduled, by the City Inspector, with each tenant, and are to be completed within ten (10) working days of the date of the request from the HRA staff member. Property owners/ managers are to be notified immediately of any HQS violations and will normally be allowed thirty (30) days in which to correct any violations· The City Inspector shall reinspect the units as necessary and until such time as all violations are corrected. pamaqe Inspection: Upon request of an owner, and within twenty-four (24) hours of the owner's request during the first three working days of month, the City Inspector shall complete a damage inspection of any vacated units where the owner anticipates that damages to the unit will exceed the damage deposit for the unit. The City Inspector will record the inspection repor~ of the required Metro HRADamage Inspection Form. The original of the completed inspection form is to be furnished to the HRA staff member within 24 hours of the completed inspection. HOUSING REHABILITATION PROGRAM INSPECTIONS/WORKWRITE-UPS: The City Inspector,~upon request of the HRA staff member and within three (3) working days of the request, shall complete an inspection of any and all houses and rental buildings/units being proposed for rehabilitation with funds provided by or Through the HRA. Within three (3) working days of the completion oft_he inspection, the City Inspector shall provide a written specification of the work that must be completed. Additionally, the City Inspector will provide bid alternatives as necessary. The KRA staff member will coordinate the receipt of bids. The City Inspector will review and co~ent on t_he bids received, as necessary. As necessary during, and upon completion of the rehabilitation, the City Inspector will inspect the work. The City Inspector will sign the necessary Certificate of Completion when the work on the property is completed. S. ADMINISTRATIVE HATTERS ae Forms: The City Inspector shall use all required Metro HRA forms and furnish copies of all completed forms and letters to t_he HRA staff person. Be Ce Oualitv Control: Metro HRA completes 5% Quality Control HQS inspections each year to insure that units are being properly inspected. Additionally, the HRA staff person will be allowed to accompany the City Inspector for t_he purpose of completing rent comparisons. TraininG: The City Inspector shall attend any required Metro HRAHQS training/workshop. REIMBURSEMENT BY HRA TO CITY OF COLUMBIA HEIGHTS In consideration for the above-listed services the HRA shall reimburse the City of Columbia Heights, on a monthly basis, forty percent of the salary and benefits of the City Inspector~ Further, the City of Columbia Heights shall, as far as possible between the date oft. his contract and December 31, 1993, track the hours expended by the City Inspector on the tasks outlined above. The purpose of this tracking is to enable the parties to better evaluate the reimbursement provisions of this agreement. Dated this~oT//day of' COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUthORITY ~f~bids Rein=z; ~Chairge~kson , 1993. CITY OF COLUMBIA HEIGHTS City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION DECEMBER 4, 1995 The Traffic Commission was called to order at 7:00 P.M. II. III. IV. V. VI. ROLL CALL Present: Absent: VII. Carlson, Duda, Goodman, Sturdevant Jolly Staff Present: Mark Winson, City Engineer Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief Leonard Olson, Police Captain APPROVAL OF NOVEMBER 6, 1995, MINUTES Motion by Sturdevant, second by Goodman, to approve the minutes of the November 6, 1995, meeting. Roll Call: OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. All ayes. CABLE CASTING OF TRAFFIC COMMISSION MEETINGS Motion by Goodman, second by Sturdevant, to cable cast meetings of the Traffic Commission at least two times a year. Roll Call: All ayes. OTHER NEW BUSINESS None REPORTS A. CITY ENGINEER At the present time there are no agenda items for the January meeting. As the January meeting falls on January 1 which is a holiday, an alternate date of Wednesday, January 3, 1995, was set. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION DECEMBER 4, 1995 III. Mr. Winson reported that the Joint Powers Agreement with the City of St. Anthony on the 39th and Stinson signals will be approved on Wednesday of this week. Approval by the City of Columbia Heights will be obtained in December or early January. The EVP (emergency vehicle pre-emption) plan calls for construction this spring. Split-phasing the signals for 40th and 49th Avenues is part of the proposed plan. B. POLICE CHIEF C. COMMISSIONERS Chairperson Carlson suggested that the eastbound left turn lane sign on 40th Ave. at Central Ave. be monitored by the Police Department and warnings issued. As the sign has just been installed it was decided it may be too soon to be issuing tickets. Chairperson Carlson asked whether the City of Minneapolis has questioned the decision of the Commission to not install "No turn on red" sign for southbound traffic on T.H. 65 at 37th Ave. Staff, however, contacted the City of Minneapolis to report the Traffic Commissions decision and no comment has been received. ADJOURNMENT Motion to adjourn by Duda, second by Sturdevant. Respectfully submitted, Traffic Commission Secretary City of Columbia Heights Park and Recreation Commission November 21, 1995 The meeting was called to order by Chairman Dick Petkoff at 6:35 p.m. ROLL CALL Members present: Members absent: Also present: CONSENT AGENDA Dick Petkoff, Gary Peterson, Bruce Magnuson, Bob Ruettimann, Randy Quale, Recreation Director, Eileen Evans, Jerry Foss Pat Grady, Mark Winson, Public Works Director/City Engineer Lauren McClanahan, Public Works Superintendent The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the October 25, 1995 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. LETI'ERS AND REQUESTS REQUEST LABELLE LOUNGE/EAST RIVER HOCKEY ASSOCIATION Move to approve use of the LaBelle Lounge by East River Hockey Association on Thursday, December 5, 1995 from 6:30 p.m. to 9:00 p.m., with the fee being waived. REQUEST GAUVI'Iq'E ROOM/LICENSED CHILD CARE PROVIDERS OF ANOKA COUNTY Move to approve use of the Gauvitte Room by Licensed Child Care Providers of Anoka County on Monday, April 1, 1996 from 6:00 p.m. to 10:00 p.m. for a CPR class, with the fee being waived. PAGE 'INVO REQUEST SENIOR/OSTRANDER ROOM/WOMEN OF TODAY Move to approve use of the Senior/Ostrander Room by the Columbia Heights Women of Today on Monday, December 4, 1995 from 6:00 p.m. to 10:00 p.m. for a members Christmas dinner, with the fee being waived. APPROVAL OF CONSENT AGENDA Motion by Foss, second by Evans to approve the consent agenda. All ayes, motion carried. ADDITIONAL LEUTERS AND REQUESTS REQUEST USE OF TABLES/COLUMBIA HEIGHTS WOMEN OF TODAY Move to approve use of two long tables by Columbia Heights Women of Today from November 22 to November 25, 1995. Motion by Peterson, second by Foss. One member opposed. Motion carried. REQUEST USE OF GAUVITTE ROOM/EAST RIVER HOCKEY ASSOCIATION Move to approve use of the Gauvitte Room by East River Hockey Association on Monday, November 27, 1995 from 6:30 p.m. to 9:30 p.m. Motion by Ruettimann, second by Magnuson. All ayes, motion carried. OLD BUSINESS JPM MANAGEMENT PLAN, RENTAL POLICY AND PROPOSED 1997 RENTAL RATES Members discussed these issues. In Section 2.5, A-G, liability insurance will be required in these instances. In Section 2.7, when usage fees are waived and if damage should occur, the user will be billed for the damage. In Section 2.8, the city attorney's opinion is that bartenders may accept freely given tips from customers; however, open bar or BYOB events may not employ a "suggested" or "required" dollar amount of tip from customers for beverages. The Community Service Officer and caretaker will monitor any monetary exchange. In Section 2.12 regarding equipment rental, the last sentence stating, 'q'ypically, the commission will only approve usage or rental of JPM equipment for city sponsored activities, programs or meetings," will be dropped. Rental rates for 1997 will increase by 4%. Section VI will be clarified to refer to a Columbia Heights resident discount for rental fees, not other fees such as damage deposit, etc. PAGE THREE In the new rental policy, revisions have been highlighted. Under Facility Information, letter N, regarding fog machines, this section will be re-written to state that no artificial smoke, fog or bubble machines will be allowed. The JPM management plan will be ready for the next city council work session upon commission approval. Move to adopt the new JPM Management Plan. Motion by Evans, second by Foss. All ayes, motion carried. SECOND RECREATION PROGRAM COORDINATOR POSITION The city has received 82 applications for the position. Over forty candidates were qualified. Twelve candidates will be interviewed on November 28 and 30. Two or three candidates will be selected for final interviews, and a job offer will be made the first week of December. lSD # 13 FACILITY SCHEDULING CONCERNS Randy Quale met with Dr. A1 Holt, Karen Schaub and Al Ogdie to discuss scheduling concerns. He also met with Janet Anderson and Al Ogdie regarding our scheduling concerns at Central Middle School. Another meeting will take place in early January, 1996 to follow-up. PARK AND RECREATION SURVEY The survey has been revised to add specific information on what constitutes a multi-use center. The survey will be ready for printing and mailing by early December. Members discussed the issue of when the survey should be marled out. The matter will be discussed with the city manager for his input. MEETING DATE FOR DECEMBER COMMISSION MEETING Members agreed to meet at the Gasthof Restaurant on Thursday, December 14 at 6:30 p.m. for the Christmas dinner meeting. Members preferred to have one large table arrangement rather than separate tables, and possibly meet in a private room. NEW BUSINESS MYAS DISCOUNTED AND/OR FREE SERVICES Minnesota Youth Athletic Services has begun giving free or discounted services to Columbia Heights youth sports coaches and organizers. They also expressed gratitude to the members for use of meeting rooms at Murzyn Hall. PAGE FOUR DOG EXERCISE AREA Lauren McClanahan reported on the request from Mr. John Keri of 1108 45th Avenue for a fenced dog exercise area. A possible location might be the north end of Lomianki Park. Mr. Keri was unable to attend tonight's meeting. Members discussed the matter and potential health problems and liability issues that could arise. Mr. Keil will be contacted and told that further research will be done on this issue with other municipalities. GOOSE FEEDING PROHIBITION Lauren McClanahan reported that citizens have been feeding geese in LaBelle Pond near the new play structure. This has been a problem due to the close proximity of the play structure and potential danger and health hazards to children. Members suggested that staff put up signs stating "Feeding Geese Prohibited". LETrER FROM CHRISTOPHER TOAS'rMASTERS City council must approve the donation given by Christopher Toastmasters. Randy Quale will write a letter of thanks to the Toastmasters and advise them of how the donation was used. OTHER NEW BUSINESS USE OF LARGE SCREEN The Senior Coordinator brought to the attention of the Recreation Director a problem with the general public using the big screen TV and VCR. It was purchased with the intention of using it for Booster Club events, senior citizens events or official city functions, and not for use by the general public during rentals. Members discussed amending the rental policy to show a $25.00 fee for use of the TV and VCR. The larger TV and VCR may only be used for Booster Club events, seniors or city functions. REPORTS RECREATION DIRECTOR The Recreation Director reports a successful Halloween program on October 29, 1995. Approximately 300 children participated. PAGE FIVE Also on October 29 there was a Columbia Heights Basketball Association meeting. This meeting was very well attended. The association is doing a very good job. The 1996 budget is still being worked on and will be reviewed by the city council. Joel Cason, one of our custodians, has resigned. Applications on file will be looked at to possibly fill this position. The Recreation Director discussed the possibility of hiring an additional custodian to reduce overtime hours worked by full time staff. Effective December 1 the Recreation Director will take over scheduling of the custodial staff. Members complimented the Recreation Director on his job performance. Members were advised on the status of the dishwasher and it's need for replacement. The Recreation Director will explore the cost of replacing the motor or the entire unit. Councilmember Jolly approached the Recreation Director on the issue of getting youth more involved in city government. Members discussed the possibility of doing a youth survey to learn what they would like from the Columbia Heights parks. PUBLIC WORKS DIRECTOR Lauren McClanahan updated the members on the arrival of new hockey goals. The memorial tree program has begun. Two memorial trees have been planted in Huset east in memory of Larry Halek. Six family members attended the tree planting. Families will reimburse the city for the cost of the tree, and no guarantee will be given for the survival of the tree. Members discussed the possibility of having a memorial board listing the names. The mayor will be present during tree dedications and will acknowledge the donations at council meetings. LaBelle Pond is being pumped down in preparation for the deepening of the pond. Work crews have trimmed around the east side of LaBelle for control of erosion and to make it more user friendly. Members discussed the possibility of hiring seniors for warming house attendants. New furnaces have been installed in several of the warming houses. PAGE SIX COMMISSION MEMBERS Bob Ruettimann reported that Architect Design of Northfield might construct a gazebo/band shelter in Huset Park. This is similar to the Adopt-A-Park program where citizens could donate to the project. Motion by Grady, second by Evans to adjourn at 8:30 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary HUMAN SERVICES COMMISSION MINUTES WEDNESDAY NOVEMBER 8, 1995 1. The meeting was called to order by co-chair, Barbara Tantanella, at 7:02 pm. 2. The following people were present: Jim Johnson, Don Renquist, Toni LaMere, Barbara Tantanella, Catherine Anderson, Joe Sturdevant, Mike Tilkens, and Pam Hanson. 3. Sturdevant moved and Anderson seconded that the minutes of the October 11, 1995, meeting be approved. 4. Old business A. Johnson reported on the October 16 Work Session with the City Council. Linda Magee will take the new name, Human Rights and Resources Commission, to the Council for consideration. As for our action plans, the Council wants something concrete in writing. B. The editorial in Monday's Northeaster was discussed. Some Commission members found it disturbing and negative while others saw it as honest and positive. Suggestions to counteract the possibility of bad publicity included the following: new ways of attracting minorities to city job openings, such as a lottery system rather than the cut-off date for applications; brainstorming with civic groups such as the senior citizens for ideas to recruit more minorities; adding a protected class of people with catastrophic illnesses such as AIDS and MS. During this discussion Renquist expressed his frustration with the Commission's moving so slowly. He plans to resign from the Commission and will meet with key city officials to present his ideas. He thinks he can accomplish more working from outside the Commission. He also observed that he thought Commission members had one admirable attribute, i.e. their honesty with one another. 5. New business. A. Johnson will find out how Mankato added students to their list of protected classes, as well as benefits to the city in doing this. B. Hanson will contact the two suggested sources for Diversity Training for city employees. C. La Mere and Tantanella will find out what the schools are doing for Martin Luther King Day, and Hanson will ask the library. D. Tantanella reported the December 9th holiday party for Columbia Heights to which Commission members will be invited. Also, the Commission can have their own dinner meetin§ and decided to do so in January. La Mere will look into Little Jack's as a possible place for this. There is a vacancy on the Commission. Members discussed the idea of recruiting a minority to fill the position. 6. Adjournment. Johnson moved, Tilkens seconded that we adjourn. Ail "ayes." The meeting was adjourned at 7:55pm. Respectfully submitted, Pam Hanson, Secretary CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 ~[Llvor Joseph Sturdcx ant Councilmcmburs D~mahl Bruce G. N,t,,,. t, Gm'x L. City Patrick Hentze, DATE: TO: FROM: RE: December 1, 1995 Pat Hentges, City Manager Donald R. Schneider, Community Development Director MONTHLY REPORT ON COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITIES FOR NOVEMBER BUILDING INSPECTIONS/PERMITS/ZONING/GRANTS: The monthly "Protective Inspections, Building Permits" report is attached as Exhibit "A". Reports on grant activities are included below. PARKVIEW VILLA HOUSING COMPLEX (PVHC): The monthly report by Jim Bettendorf, PVHC Manager, is attached as Exhibit "B". HOUSING REHABILITATION: There are 10 families on the very low income preference waiting list and 17 families on the non-preference waiting list for CDBG Deferred Loan/Grant Program. FY1995 CDBG/HOME rehabilitation program funds, which are expected to be available now, should be adequate to complete 6 to 7 rehab projects. Scott McKinney is currently working on 2 deferred loans (grants) through the Minnesota Housing Finance Agency (MHFA) Deferred Loan Program for the next funding phase. CITY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)/HOME PROGRAM: Ail contracts have been signed and programs are now in the process of being implemented. MULTI-USE REDEVELOPMENT PLAN (MURP) PROJECT: Barnick Development - Renovations and new construction at 500 38th Avenue N.E. is expected to be completed in December. An HRA Business Revolving Loan Fund (BRLF) loan for $25,000 at 5% interest, matched by a $250,000 loan from Norwest Bank, for improvement costs was approved by the BRLF Loan Review Committee and HRA Board of Commissioners. HR~ MONTHLY REPORT DECEMBER 1, 1995 PAGE 2 RENTAL ASSISTANCE PROGRAM: ae Under the Section 8 Rental Assistance Program, we through the Metro HRA, assisted 146 very low income families with rental of decent, safe, and sanitary dwelling units in Columbia Heights and Hilltop through Certificates (110 families) and Vouchers (36 families). Reports for September and October should be corrected to read as follows for each month: 143 total (108 certificates, 35 vouchers). Be Twelve (12) Metro HRA families have been trans- ferred from Metro HRA to the Columbia Heights program. More are expected to transfer in the next months, generally as they approach their annual renewal under Metro HRA. HUD has responded in regard to the local preference matter and has asked for more information from our waiting list. That information was furnished to HUD. De Staff members Scott McKinney and Jennifer Stoopes- Mokamba are working with Metro HRA staff on imple- mentation of the new "Conforming Rules", designed to standardize the Section 8 application and other processes across the metro area. Many of the proposed changes are expected to be implemented shortly after the first of the year. OTHER'. ae MHFA Minnesota City Participation Proqram (MCPP) First Time Home-buyer Proqram: All the Columbia Heights allocation ha~ been used plus some addi- tional funds from the pool of funds established and fully used on November 27 from funds not used by other entities (1.9 million). A current report on the Columbia Heights MCPP Program will be sent when it is received from MHFA. The Request for Propos- als for the 1996 MCPP Program is expected late in December with applications for participation due in February. B. Sheffield Neiqhborhood Redevelopment: A status report is attached as Appendix "C". Four-Plex at 4607 Tyler Street: Renovation work is well underway by William Mattson Construction. The renovation work is expected to be completed by December 15. De Application for MHFA Proqrams: Following is the status of grant/loan applications: (1) MHFA Affordable Rental Investment Fund - MHFA did not approve can reapply in March, 1996. HR~ MONTHLY REPORT DECEMBER 1, 1995 PAGE 3 (2) (3) MHFA Housinq Trust Fund - MHFA did not approve. Can reapply in February, 1996. MHFA Publicly Owned Neiqhborhood Land Trust Proqram - Purchase and removal of 3 deteriorating vacant (or from owner/ occupants who sign relocation waivers) duplex and single family buildings on 4500 block of Fillmore and Taylor. Lots would be leased to low and moderate in- come families for construction of new single family homes ($195,000). Still under consideration by MHFA. (4) MHFA Rental Assistance Family Stabliliza- tion (RAFS) Proqram: Joint application (with the Anoka Job Training Center) for 30 units of rental assistance was appro- ved by the HRA Board on November 21. However, approval was with the provision that the HRA Local Preference not include non-residents who are participating in STRIDE, JTPA, or other approved job training programs. Due to the removal of this provision from our local preference caused the Anoka Job Training Center (AJTC) to withdraw their agreement to participate. Without AJTC's participa- tion the HRA/City is not able to apply for the RAFS program at this time. Medtronic Development: Staff continues working with the City Manager and Medtronic personnel on the planned development at the Medtronic site at 800 53rd Avenue NE. The tax increment financing (TIF) plan and development agreement have been completed. Actions in regard to the TIF plan, development agreement and transfer of 3.6 acres of the city park open space land are in process. At their December meetings, the Planning and Zoning Commission, City Council and HRA Board will be considering all the final actions necessary to implement the Medtronic expansion project. A special joint City Council/HRA Board work session meeting will be held on December 4 at 8:00 p.m. to review all aspects of the project. HRA Executive Director Resiqnation: As of December 7, Don Schneider will be working part-time in Columbia Heights (Monday through Wednesday and at his new job in Fergus Falls - at West Central Minnesota Housing Partnership - on Thursday and Friday). As of January 1996 Don Schneider will be working full- time at Fergus Falls. The HRA Board has authorized starting the process for hiring a new Executive Director. At the city Council/HRA joint meeting on Monday, December 4, this matter will also be discussed. HR~ MONTHLY REPORT DECEMBER 1, 1995 PAGE 4 Please call us 784-2855 if you have any questions in regard to the above. Enclosure cc: HRA Comm./ Mayor & City Council/City Mgr/City Eng./Bid. Insp./ City Finance Dir./City Attorney/P&Z Comm./BRLF Committee Holmes & Graven (Steve Bubul/Bob Long) Jim Bettendorf, PVHC FOCUS/Northeaster News Northeast State Bank (Mike Collins); Norwest Bank, Fridley (Greg Quade); First Banks (Jim Passeri/Rod Hill) ,City 6F Columbia Heiqhts, Mn. 55~2 782-2817 TYPE OF CONSTRUCTION NUMBER OF PERMITS ISSUED 1. Single Family Dwellings 2. Duplexes/Double Bungalow Multiple Dwellings Residential Additions 5. Residential Repalr/Maint. 6. Residential New Garages 7. New Commerclal/Inst. Const;' 8. New Industrial Construction 9. Comm/Inst./Ind. Addns~ 10. Comm./Inst./Ind. Repair/Maint. ll. Signs -Permanent 12. Sprinklers 13. Demolitions 14. Retalnlnq Walls 15. Fences 16. Others Permits with two TOTAL Heating Permits Plumbing Permits Sewer Permits Water Permits TOTAL or more classes 1 PROTECTIVE INSPECTIONS, BUILDING PERMITS MONTHLY REPORT NOVEMBER NOVEM~)ER THIS YEAR LAST YEAR 1995 1994 TO DATE TO DATE 1 0 13 5 -0 0 0 0 -- 0 0 0 0 - 1 0 49 3{3 , . - 11 30 282 29~ - 0 3 13 o/o o/o '2/o ~,'o - O O 1 0 0/0/'~ ' 0/0/0 11/1/'~ 0/0/0 -- ~/llO ~/1/0 ~9/5/3 2~/4/5 o 2 1F, - 2 0 15 10 - o t 7.5 28 1 O 7 2 ) 2 47 51 - 6 t 5 73 49 o -2 - 4 28 i 47 581 540 14 182 172 - 10 t 14 176 IlO - ~ ) 3 la 9 - I 7 79 , 40 3~3 't 38 455 331 ISSUED B. ESTIMATED VALUATIONS OF PERMITS 1. Single Family Dwellings 2. Duplexes/Dbl.Bungalow, NEW 3. New Multiple ITwellings 4. Residentlal Additions 5. Residential Malnt./Repair 6. Residential New Garages TOTAL RESIDENTIAL 7. New Commerclal/Inst. Const. 8. New Industrial Construction 9. Comm./Inst/)nd. Additions 10. Comm./InstYlnd. Maint./Repalrs TOTAL COMM./INST./IND. 11. Signs - Permanent 12. Sprinklers 13. Retaining Walls 14. D~molitTons 15. Fences 16. Others TOTAL GRAND TOTAL VALUATIONS 0 t ZT,qZr) i 132,q12 I 294,392 150,734 I 1~6,136 I 2,220,363 226,400 I O 7,875 234,275 0 2,690 3,260 0 5,950 390,959 130 130,50o 0 0 5,900 , 126. nl O 10.000 t ~,q.075 52,600 i 230,943 369,236 . 4,877,452 1,494,712 64~377 . 265,~30 . 12,500 . 66 0 t27.298 436,796 · 4,151,871 NOVEMBER 30, 1995 TO: FROM: SUBJECT: DONALD SCHNEIDER, EXECUTIVE DIRECTOR; HRA SHIRLEY BARNES, CHIEF EXECUTIVE OFFICER; CREST VIEW COMMISSIONERS; HRA OF COLUMBIA HEIGHTS BOARD OF DIRECTORS; CREST VIEW JIM BETTENDORF, PUBLIC HOUSING MANAGER NOVEMBER PARKVIEW VILLA MANAGEMENT REPORT PROPERTY ISSUES: We have set a closeout date for the CIAP project with Superior Sprinkler for December 15, 1995. A Request has been made for final warranty inspection the week of December llth with project administrator Terry Whitehill. Re-attaching the decorative cover on one floor and engraved fire panel labels are the only projects that remain. Access One has completed the Handicapped upgrade of apartment #104. The workmanship was very good, and the tenant is happy with the final product, which meets all current handicapped accessibility codes. Our staff has completed labeling all fixed assets inside apartments in both Parkview Villa North & South. We are planning on labeling all common area fixed assets during December. This labeling is being done per the auditors request. m < O < Z O m Z x OCCUPANCY ISSUES: Parkview North has two vacancies one that will be occupied December 16th, and one that will be occupied January 1st. Parkview South is at full occupancy. There were no vacate notices given for December. A Center for Geriatric Care · Accredited by The Lutheran Church -- Missouri Synod Equal Opportunity Employer ~~l~l~l~' Mr. D. Schneider Ms. S. Barnes Commissioners, HRA of Columbia Heights Board of Directors, Crest View -2 November 30, 1995 OCCUPANCY ISSUES (cont.): Waiting list totals are as follows: PARKVIEW VILLA NORTH 25 CH Residents 51 Non-residents PARKVIEW VILLA SOUTH 36 CH' Residents 11 Non-residents Thirteen rent re-certifications were completed covering both Parkview North and South for the month of September. MISC. A forum with Congressman Bill Luther will be held at Parkview Villa on December 19th at 2:00 p.m. JB/jeb SHEFFIELD NEIGHBORHOOD REDEVELOPMENT STATUS REPORT December 1, 1995 TARGET BLOCK - (4600 Pierce and Fillmore N.E.). A. Duplexes Acquired/Removed: 20 B. Single Family Lots Replatted: 18 Co New Single Family Houses Built and Occupied: Do New Single Family Houses Under Construction: 2e Lots in Process of Being Sold and Developed with Single Family Homes: 10 OUTSIDE TARGET BLOCK - (In area bound by Central Ave. on West,. 47th Ave. on North, Johnson Ave. on East, 45th Ave. on Southl. Duplexes Acquired/Removed: (4501/4555 Taylor & 4531 Fillmore) Bo Duplexes Acquired/Renovated for City Ownership/Rental: (4519-21 Taylor*/4642-44 Taylor) * Exterior under renovation at this time. 2 Deteriorated Single Family House Acquired/Removed: (4612 Taylor) Duplexes Acquired and in Process of Having Duplex Removed: (4550-52 Fillmore/4549-51 Taylor/ 4535-37 Taylor) New Single Family Houses Built/Occupied: (4531 Fillmore) Lots Sold and Being Developed With Single Family Houses: (4612 Taylor & 4535 Taylor) 3 1 Go Lots in Process of Being Sold and Developed with Single Family Houses: (4501, 4549 & 4550 Taylor & 4550 Fillmore) Four-Plex Acquired and in Process of Being Renovated: (4607 Tyler St. N.E.) Additional Planned Duplex Acquisitions: 1 3. QUESTIONS: Call Don Schneider - 782-2855 SFRPT COLUMBIA HEIGHTS POLICE DEPARTMENT TO: Mayor And City Council FROM: .~homas M. Johnson, Chief of Police SUBJECT: Operational Report, November, 1995 DATE: December 4, 1995 I. Events/Accomplishments The month of November, 1995, was a very busy month for the police department. I am getting to know the members of the department and they are getting to know me. In many cases we have established common ground and rapport. I hope in the very near future to be able to say that about every member of the department. On November 1, the winter parking rules went into effect. Despite our efforts of posting notices and running informational ads in the paper, several people routinely failed to be ready for the parking ban. Several phone calls were fielded and the process explained. We also have a handout at the P.D. window which explains the winter parking program in detail. The courts were somewhat inundated with parking tags due to the numerous tags issued. We have attempted to alleviate this situation by using several different court dates to spread out the work load. Co On November 8, I attended the Southern Anoka County Community Values meeting. I found this to be interesting and the cause very worthwhile. It does appear that progress is slow, but if the grants for which the group is applying come through, the program's outcome may be very beneficial for our community. There is a definite effort by this group to combine resources in order to find lasting solutions to problems, not just temporary band-aids. During the month, each of our officers--including myself--auended and passed the Anoka County night shoot. I found the program to be very beneficial and practical. I am impressed with our use of force program thus far. On November 8, Officers Bartlett and Nightingale held a First Nighter for new Explorers. Five area teens attended, and it appears each has decided to sign up for the program. I was invited to address the attendees and was very pleased by their enthusiasm for the program and the presentations by the officers. F. On November 9, I was invited by Officer Val Dietz to be a part of a panel discussion for the D.A.R.E. Parents program. The panel included a school psychologist, School Police Department Operational Report, November 1995 Page 2 Go Ho Liaison Officer McGee and myself. The discussions covered a wide variety of topics-- from enforcement of drug laws on school property to the role of the school psychologist in the awareness and prevention process. Although only five parents were in attendance, I feel this program will grow and become a vital link in keeping our parents informed and knowledgeable in our battle with drugs, alcohol, and tobacco. On November 15, several department members attended a four-hour training session on data practices. The presentations were made by the City Attorney's office and Sergeant Roddy and were very useful and informative. On November 15, I was interviewed for an upcoming segment on cable T.V. Officer Terry Nightingale handled the interview and did an excellent job. I believe the content to be informative and noteworthy, but I will let each of you judge this on your own. During the staff meeting of November 20, it was decided to discontinue responding to vehicle lockouts. It was determined that with most of the new cars having electric door locks, we are unable to open the cars. Also, the potential for damage is greater. We will respond under emergency circumstances such as a child locked in a vehicle or a vehicle that is running in a tuck-under garage, etc. If officers come across a lockout, they will assist the party in obtaining assistance. We will monitor this change closely in order to determine its impact on the community. During the month, I was a guest speaker at Minneapolis Community College, addressing new recruit officers. I tried to make this a positive outreach for females and minorities to apply for our current openings for CSO and to encourage students to check off Columbia Heights when they take the MPRS test. Our appeal appeared to be well accepted and we will watch the numbers on the next MPRS testing process to see if this helped. II. Projects/Goals mo Department members have been working hard on newsletter articles during the month. The results of their efforts look very good. Their efforts will be forwarded to the Recreation Department for publication in the winter City newsletter. B. Members have also been working on goals and objectives for each section of the department and for each of our programs. Copies will be forwarded. Co During the month, interviews were held for the records technician vacancy. My first choice was Diane Winkler due to her experience with the Hennepin County Sheriff's Department and the fact that she is state certified in NCIC and CJIS. The position was offered to Ms. Winkler, with the request to the Council to start her at the two-year rate. After obtaining this approval, Ms. Winkler notified us she was no longer interested in the position. The position has now been offered to Ramona Strom, who has accepted Police Department Operational Report, November 1995 Page 3 Do Uo it. Ramona has very good skills, knowledge, and abilities, and once trained, will do an excellent job for our agency. We look forward to her joining us very soon. CSO Joe Sturdevant resigned during the month in order to take a full time position with the Circle Pines-Lexington Police Department. Joe was an excellent CSO and he will be missed. We have started the process to replace him and have received more than 160 applications. It appears we will have several excellent candidates to choose from. It is our hope to have the new CSO on board before the end of the year. I met with Public Works Director Mark Winson and Public Works Superintendent Lauren McClanahan during the month in order to determine if Public Works would be able to assist with the removal of the wall dividing the Chief's office. It was determined that Public Works would be able to complete this process and that it could be completed within the next month or so, dependent upon theit work load. By removing this wall, the Chief's office will be more open and conducive to the work process. I look forward to the change. While construction is taking place, I will be temporarily quartered in the police conference room. The statistical crime data for the month of November is not available at the time of this report. It will be forwarded to you as soon as it becomes available. III. Issues/Problems On November 16, I attended a meeting of MPRS (Minnesota Police Recruitment System) to discuss the ruling on the current lawsuit. There is ongoing discussion as to who will pay and how much. The executive committee is meeting on this and will report back in the near future. As far as the civil penalty, the executive committee is asking for a RFP from a consultant in order to meet the minority and female hiring responsibilities the judge has imposed. Once the RFP and casts have been returned and reviewed, another meeting of the MPRS users will take place in order to determine what should be done. As you can see, this has been a very busy month for our department. The longer I am here, the more impressed I am with the commitment and dedication of the department members. We will continue to strive to serve the public to the best of our abilities. If anything contained in this report should require further clarification, or if you have any questions, please do not hesitate to contact mo. TMJ:mld 95-364 COLUMBIA HEIGHTS PUBLIC LIBRARY $S0-40~n AVENUE!~ E. rtEiGH-f'S, lan 5542t-2996 PHONE: ,.612) 782-2805 FAX: ~'1£i 782-2804 TO: FROM: CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager M. Rebecca Loader, Library Director SUBJECT: November operational report DATE: December 1, 1995 Significant Accomplishments A. The Friends met on 11/6 with 9 members present. Be C. D. E. Becky and Marsha presented the library's wish list, and the Friends voted to purchase a filmstrip projector, karaoke machine, shelf adaptors, and four-drawer lateral file. The Board met on 11/8 with five members present. Senior Citizen Filmtime met on 11/8 with 27 people present. Thirteen sessions of storytime drew 244 participants in the month of November. National Children's Book Week was celebrated November 13-18. II. Depar.tmental Goals III. A. Jeanine participated in a cable shoot on 11/1 and 11/28. B. The camcorder circulated twice. C. Becky attended training in Baker-Taylor Link (a cd-rom database) on 11/9. D. The library conducted a terminal transaction survey on 11/13. E. Becky, Marsha, and Mary attended data privacy training on 11/15. F. Becky attended the county public service meeting on 11/16. G. Marsha attended a storytelling workshop on 11/16. H. Interviews for the vacant page position were held. Crystal Mietke was hired to start training 12/5. Issues and Problems A. One of the sump pumps in the elevator shaft failed on 11/2 and had to be replaced. OCTOBER Circulation 1994 1995 LIBGIS 1994 1995 Adult 6262 5947 Reference 2365 2808 Juvenile 5927 5683 Dir. A 268 306 12189 11630 Dir. B 92 61 Work days 26 26 Work days 26 26 recycled paper Columbia Heights Fire Department To: Pat Hentges, City Manager From: Charles Kewatt, Fire Chief Subject: Operation Report Date: December 5, 1995 Operation Report November 1995 A. Significant Accomplishments 1. Emergency Medical Calls - 105 2. Fire or Good Intent Calls - 33 3. Classification of Alarms Still Alarms - 128 Company Alarms - 5 General Alarms - 5 4. Total Calls for the Month 138 5. Number of Total Calls Billed to Hilltop - 11 6. Training 445 Hours Station-Duty (paid-on-call personnel) 220 Hours Training (all personnel) 7. Structure Fires with Property Loss - 2 Nov 22 4606 Washington Street NE . . . One-Family $500 Nov 26 3806 Stinson Blvd, #204 ...... Apt ...... 300 8. Mutual Aid - 0 B. Status of Department Goals 1. Inspection Department Status Report November 1995 License Inspections 17 Section 8 4 Reinspections 77 Inspection Shifts: 13 Total Nov Inspections: 112 Complaints Notice Postings Inspections per Shift: 8.62 Inspections per Hour: 1.4 12 2 C. Issues or Problems 1. John Larkin completed Anoka County Peer Counselor Training Program in November. CWK:cf 95-251 TO: FROM: RE: DATE: City of Columbia Heights Recreation Department Patrick Hentges, City Manager Randy Quale, Recreation Director Operational Report, November 1 - 30, 1995 December 4, 1995 Ae Be Administration John Herbert and I attended the Minnesota Recreation and Park Association's annual state conference in St. Cloud, November 1 - 3. The conference was quite informative and educational. Special recognition should go to John Herbert who served on the MRPA state conference committee. The Values 1st youth sub-committee that I co-chair held an organizational meeting on November 7. Another meeting is slated for January 4, 1996. Recreation Department administrative staff attended the data privacy seminars offered by the City Attorneys. I met with A10gdie and Janet Anderson of 1SD 4/13 on November 21 to discuss Central Middle School facility scheduling issues. Another meeting is scheduled for January, 1996. Work continues on the Park and Recreation needs assessment and opinion survey. The survey is tentatively scheduled to be mailed to the residents sometime in January, 1996. Final revisions to the John P. Murzyn Hall management plan, rental policy and 1997 rental rates were approved by Park and Recreation Commission at their November 21 meeting. These materials will be presented to the Council for their review at their December 4 work session. o Twelve of the eighty-two applicants were interviewed for the Recreation Program Coordinator position. Three candidates were selected for final interviews on December 6. A job offer should go out to one of the candidates by December 8. Recreation 1. Traveling Basketball games began. 2. Girls Junior Hylander basketball games began. Recreation Department Operational Report - November 1 - 30, 1995 Page - 2 Ce De 3. The Columbia Heights/ISD//13 Basketball Association decided to blitz the city with a pizza fund-raiser in January. 4. Fourth Annual Appreciation Dinner was held at John P. Murzyn Hall. 160 persons enjoyed a buffet dinner and listened to a presentation from Roger French, an assistant football coach at Brigham Young University. 5. Football regular season ended with 250 people attending the end of season banquet. Seniors 1. Flu shots were given on November 2nd with 224 individuals taking advantage of this service. Anoka County Health Services comes directly to the Senior Center which makes it accessible to our community. 2. 47 seniors participated in a 2 day trip to Mahnomen on November 6 and 7. 3. 32 seniors participated in a Defensive Driving class on November 9. 4. The eight session line dancing class was completed on November 28. 5. 44 seniors participated in a trip to the Fanny Hill Dinner Theater on November 29. 6. The senior coordinator assisted in conducting interviews for the new Recreation Programmer on November 28 & 30. 7. 24 seniors attended the Appreciation Dinner on November 29 as did the senior coordinator. 8. 130 seniors participated in an Oktoberfest on October 31. Gary Kent played the accordion and a luncheon was served. ,~ohn P. Murzyn Hall 1. In 1995, thirty-four (34) out of fifty-two (52) Fridays and forty-four (44) out of fifty-two (52) Saturdays are/were booked. In 1996, fourteen (14) out of fifty-two (52) Fridays and forty-seven (47) out of fifty-two (52) Saturdays are booked. 2. Joel Cason (Caretaker/Janitor II) resigned as of November 21. A replacement for Mr. Cason is in the process of being hired and should be on board by mid-December. RQ/~m Admin: Op-Rpt. Nov CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: PATRICK HENTGES CITY MANAGER ........ ..... ! MARK A. WINSON PUBLIC WORKS DIRECTOR/CITY ENGINEER SUBJECT: OPERATIONAL REPORT - NOVEMBER DATE: DECEMBER 5, 1995 SIGNIFICANT ACCOMPLISHMENTS General Construction of MSC cold storage building was begun. Remodeling project for the Finance Dept. was completed. Set up Christmas decorations on Central Ave., 40th Ave. and Wargo Court. Dismantled old CD siren at Mathaire Park. Planted a total of 65 blvd and park trees. Planted two memorial trees in Huset East. Election setup. Streets Completed one City-wide street sweeping operation-leaf pick-up. Hauled leaves to compost site. Repaired 40th Ave., Jefferson to Madison, where a gate valve had been replaced. Sanded City-wide 3 times. Painted Cat loader #7. Pothole patched streets and alleys City-wide. Emergency sand barrels were set out. Repaired 5th St., 38th to 39th due to water break damage. Removed the weeds from the medians on Central Ave. and University Ave. Completed annual City-wide alley brush removal program. Mixed salt/sand twice, total of 600 ton. Plowed City-wide - 5" snowfall. Repaired 4040 Stinson Blvd due to water break damage. Trimmed blvd. trees, Jefferson, 40th to 41st, east side. Operational Report - November December 5, 1995 Page 2 Sewer & Water Installed a new check valve at Station #2. Prepared LaBelle Pond for dredging operation. Replaced gate valve on 40th Ave., Jefferson to Madison. Cleaned lift station wet wells. Repaired water break 3801 5th St. Repaired hydrant at 39th & Jefferson. Repaired water break at 1601 Innsbruck Parkway. Tested 5/8" meters for accuracy. Jetted Mill St. from 40th Ave. to 5th St. Repaired hydrant, 41st & Cleveland. Completed monthly sanitary manhole check. Installed hydrant flags. Repaired water break 4040 Stinson Blvd. Repaired water break 1800 49th Ave. Responded to 20 Gopher State One Calls. Repaired 8 water meters. Installed 4 new water meters. Delinquent account water shut-offs, 42. Parks Prepared new hockey goals for use. Prepared park houses for winter use. Raked parks. Prepared skating areas for flooding. Trimmed trees at Mathaire, Hilltop, Ostrander and Gauvitte. Repaired LaBelle park's board walk. Repaired pathway lights at Prestemon and Sullivan. Emptied trash and picked litter as needed or required. Engineering Continued work on several projects as follows: Mill Street. Pump House #2. MSC storage yard utility building. LaBelle Pond dredging. Operational Report - November December 5, 1995 Page 3 Garage floor coating. Sidewalk and retaining walls at 44th Ave. Central Ave. project. McKenna Park utilities. Hilltop sewer. M.S.A.S. deficiency study. LaBelle pond aerators. Project administration. Miscellaneous permits, surveys, computer input, drafting and filing. Seminars. MAW:jb 95-765 CITY OF COLUMBIA HEIGHTS DATE: DECEMBER 6, 1995 TO: FROM: RE: PATRICK HENTGES CITY MANAGER WILLIAM ELRITE x, FINANCE DIRECTOR OPERATIONAL REPORT NOVEMBER 1995 DEPARTMENTAL GOALS: Municipal General Election: The General Election went very smoothly with only minor problems. Once again, the City did receive some complaints regarding the precinct we have at Shiloh Bethany Church. Complaints are centered around accessibility to the poll. At that location we are located in the basement of the church, and the main entry has fairly steep stairs. There is a handicapped accessible entrance to the basement; however, it is on the far corner of the church and is not easily accessible. In addition, the parking lot is in poor condition, especially near the handicapped accessible area. Other than that, everything went very well. 1995 Audit: The auditors were in to start the preliminary work on the 1995 audit. With the City now handling Section 8 directly, a separate audit of the Section 8 program will be required. The City did not receive a large enough amount of money in 1995 to make this a major audit for 1995; however, in 1996 we will be at a high enough level that this will be a significant audit. This will be at an additional expense; however, I do not anticipate it will be a significant amount. Water Meter Conversion Program: Staff is currently developing and finalizing a request for proposals for conversion of the City's water meters as was discussed at a previous work session. The Public Works water department is also randomly testing various water meters to determine the accuracy of the current meters. The real accuracy of the current meters will be a major factor in the cost recovery period for replacement with new meters. As more information is developed on this, it will be forwarded to the City Council. WE:dn 9512062 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION DECEMBER 4, 1995 The Traffic Commission was called to order at 7:00 P.M. II. III. IV. V. VI. ROLL CALL Present: Absent: VII. Carlson, Duda, Goodman, Sturdevant Jolly Staff Present: Mark Winson, City Engineer Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief Leonard Olson, Police Captain APPROVAL OF NOVEMBER 6, 1995, MINUTES Motion by Sturdevant, second by Goodman, to approve the minutes of the November 6, 1995, meeting. Roll Call: All ayes. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. CABLE CASTING OF TRAFFIC COMMISSION MEETINGS Motion by Goodman, second by Sturdevant, to cable cast meetings of the Traffic Commission at least two times a year. OTHER NEW BUSINESS None REPORTS A. Roll Call: All ayes. CITY ENGINEER At the present time there are no agenda items for the January meeting. As the January meeting falls on January 1 which is a holiday, an alternate date of Wednesday, January 3, 1995, was set. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION DECEMBER 4, 1995 III. Mr. Winson reported that the Joint Powers Agreement with the City of St. Anthony on the 39th and Stinson signals will be approved on Wednesday of this week. Approval by the City of Columbia Heights will be obtained in December or early January. The EVP (emergency vehicle pre-emption) plan calls for construction this spring. Split-phasing the signals for 40th and 49th Avenues is part of the proposed plan. B. POLICE CHIEF C. COMMISSIONERS Chairperson Carlson suggested that the eastbound left turn lane sign on 40th Ave. at Central Ave. be monitored by the Police Department and warnings issued. As the sign has just been installed it was decided it may be too soon to be issuing tickets. Chairperson Carlson asked whether the City of Minneapolis has questioned the decision of the Commission to not install "No turn on red" sign for southbound traffic on T.H. 65 at 37th Ave. Staff, however, contacted the City of Minneapolis to report the Traffic Commissions decision and no comment has been received. ADJOURNMENT Motion to adjourn by Duda, second by Sturdevant. Respectfully submitted, Traffic Commission Secretary City of Columbia Heights Park and Recreation Commission November 21, 1995 The meeting was called to order by Chairman Dick Petkoff at 6:35 p.m. ROLL CALL Members present: Members absent: Dick Petkoff, Gary Peterson, Bruce Magnuson, Bob Ruettimann, Randy Quale, Recreation Director, Efleen Evans, Jerry Foss Pat Grady, Mark Winson, Public Works Director/City Engineer Lauren McClanahan, Public Works Superintendent Also present: CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the October 25, 1995 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. LETTERS AND REQUESTS REQUEST LABELLE LOUNGE/EAST RIVER HOCKEY ASSOCIATION Move to approve use of the LaBelle Lounge by East River Hockey Association on Thursday, December 5, 1995 from 6:30 p.m. to 9:00 p.m., with the fee being waived. REQUEST GAUVITTE ROOM/LICENSED CHILD CARE PROVIDERS OF ANOKA COUNTY Move to approve use of the Gauvttte Room by Licensed Child Care Providers of Anoka County on Monday, April 1, 1996 from 6:00 p.m. to 10:00 p.m. for a CPR class, with the fee being waived. PAGE 'I~O REQUEST SENIOR/OSTRANDER ROOM/WOMEN OF TODAY Move to approve use of the Senior/Ostrander Room by the Columbia Heights Women of Today on Monday, December 4, 1995 from 6:00 p.m. to 10:00 p.m. for a members Christmas dinner, with the fee being waived. APPROVAL OF CONSENT AGENDA Motion by Foss, second by Evans to approve the consent agenda. All ayes, motion carried. ADDrrlONAL LETTERS AND REQUESTS REQUEST USE OF TABLES/COLUMBIA HEIGHTS WOMEN OF TODAY Move to approve use of two long tables by Columbia Heights Women of Today from November 22 to November 25, 1995. Motion by Peterson, second by Foss. One member opposed. Motion carried. REQUEST USE OF GAUXrlTI'E ROOM/EAST RIVER HOCKEY ASSOCIATION Move to approve use of the Gauvitte Room by East River Hockey Association on Monday, November 27, 1995 from 6:30 p.m. to 9:30 p.m. Motion by Ruettimann, second by Magnuson. All ayes, motion carried. OLD BUSINESS JPM MANAGEMENT PLAN, RENTAL POLICY AND PROPOSED 1997 RENTAT, RATES Members discussed these issues. In Section 2.5, A-G, liability insurance will be required in these instances. In Section 2.7, when usage fees are waived and ff damage should occur, the user will be billed for the damage. In Section 2.8, the city attorney's opinion is that bartenders may accept freely given tips from customers; however, open bar or BYOB events may not employ a "suggested" or "required" dollar amount of tip from customers for beverages. The Community Service Officer and caretaker will monitor any monetary exchange. In Section 2.12 regarding equipment rental, the last sentence stating, 'qhfpically, the commission will only approve usage or rental of JPM equipment for city sponsored activities, programs or meetings," will be dropped. Rental rates for 1997 will increase by 4%. Section VI will be clarified to refer to a Columbia Heights resident discount for rental fees, not other fees such as damage deposit, etc. PAGE THREE In the new rental policy, revisions have been highlighted. Under Facility Information, letter N, regarding fog machines, this section will be re-written to state that no art/6cial smoke, fog or bubble machines will be allowed. The JPM management plan will be ready for the next city council work session upon commission approval. Move to adopt the new JPM Management Plan. Motion by Evans, second by Foss. All ayes, motion carried. SECOND RECREATION PROGRAM COORDINATOR POSITION The city has received 82 applications for the position. Over forty candidates were qu2lt6ed. Twelve candidates will be Interviewed on November 28 and 30. Two or three candidates will be selected for final interviews, and a job offer will be made the first week of December. ISD # 13 FACILITY SCHEDULING CONCERNS Randy Quale met with Dr. Al Holt, Karen Schaub and Al Ogdie to discuss sched,,ling concerns. He also met with Janet Anderson and Al Ogdie regarding our sched,,ling concems at Central Middle School. Another meeting will take place in early January, 1996 to follow-up. PARK AND RECREATION SURVEY The sur~ey has been revised to add specific information on what constitutes a multi-use center. The survey will be ready for printing and m~tltng by early December. Members discussed the issue of when the survey should be marled out. The matter will be discussed with the city manager for his input. MEETING DATE FOR DECEMBER COMMISSION MEETING Members agreed to meet at the Gasthof Restaurant on Thursday, December 14 at 6:30 p.m. for the Christmas dinner meeting. Members preferred to have one large table arrangement rather than separate tables, and possibly meet in a private room. NEW BUSINESS MYAS DISCOUNTED AND/OR FREE SERVICES Minnesota Youth Athletic Services has begun giving free or discounted ser,,lces to Columbia Heights youth sports coaches and organizers. They also expressed gratitude to the members for use of meeting rooms at Murzyn Hall. PAGE FOUR DOG EXERCISE AREA Lauren McClanahan reported on the request from Mr. John Keil of 1108 45th Avenue for a fenced dog exercise area. A possible location might be the north end of Lomianki Park. Mr. Keri was unable to attend tonight's meeting. Members discussed the matter and potential health problems and liability issues that could arise. Mr. Keri will be contacted and told that further research will be done on this issue with other municipalities. GOOSE FEEDING PROHIBITION Lauren McClanahan reported that citizens have been feeding geese in LaBelle Pond near the new play structure. This has been a problem due to the dose proximity of the play structure and potential danger and health hazards to children. Members suggested that staff put up signs stating "Feeding Geese Prohibited". LETTER FROM CHRISTOPHER TOASTMASTERS City council must approve the donation given by Christopher Toastmasters. Randy Quale will write a letter of thanks to the Toastmasters and advise them of how the donation was used. OTHER NEW BUSINESS USE OF LARGE SCREEN TV The Senior Coordinator brought to the attention of the Recreation Director a problem with the general public using the big screen TV and VCR. It was purchased with the intention of using it for Booster Club events, senior citizens events or official city functions, and not for use by the general public during rentals. Members discussed amending the rental policy to show a $25.00 fee for use of the TV and VCR. The larger TV and VCR may only be used for Booster Club events, seniors or city functions. REPORTS RECREATION DIRECTOR The Recreation Director reports a successful Halloween program on October 29, 1995. Approximately 300 children participated. PAGE FIVE Also on October 29 there was a Columbia Heights Basketball Association meeting. This meeting was very well attended. The association is doing a very good job. The 1996 budget ts still being worked on and will be reviewed by the city council. Joel Cason, one of our custodians, has resigned. Applications on file will be looked at to possibly ~l this position. The Recreation Director discussed the possibility of hiring an additional custodian to reduce overtime hours worked by f~ll time staff. Effective December 1 the Recreation Director will take over scheduling of the custodial st__~f. Members complimented the Recreation Director on his job performance. Members were advised on the status of the dishwasher and it's need for replacement. The Recreation Director will explore the cost of replacing the motor or the entire unit. Councflmember Jolly approached the Recreation Director on the issue of getting youth more involved in city government. Members discussed the possibility of doing a youth survey to learn what they would like from the Columbia Heights parks. PUBLIC WORKS DIRECTOR Lauren McClanahan updated the members on the arrival of new hockey goals. The memorial tree program has begun. Two memorial trees have been planted in Huset east in memory of Larry Halek. Six family members attended the tree planting. Families will reimburse the city for the cost of the tree, and no guarantee will be given for the survival of the tree. Members discussed the possibility of having a memorial board listing the names. The mayor will be present during tree dedications and will acknowledge the donations at council meetings. LaBelle Pond is being pnmped down in preparation for the deepening ofthe pond. Work crews have trimmed around the east side of LaBelle for control of erosion and to make it more user friendly. Members discussed the possibility of hiring seniors for warming house attendants. New furnaces have been installed in several of the warming houses. PAGE SIX COMMISSION MEMBERS Bob Ruettimann reported Chat Architect Design of Northfield might construct a gazebo/band shelter in Huset Park. This is similar to the Adopt-A-Park program where citizens could donate to the project. Motion by Grady, second by Evans to adjourn at 8:30 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary HUMAN SERVICES COMMISSION MINUTES WEDNESDAY NOVEMBER 8, 1995 1. The meeting was called to order by co-chair, Barbara Tantanella, at 7502 pm. 2. The following people were present: Jim Johnson, Don Renquist, Toni LaMere, Barbara Tantanella, Catherine Anderson, Joe Sturdevant, Mike Tilkens, and Pam Hanson. 3. Sturdevant moved and Anderson seconded that the minutes of the October 11, 1995, meeting be approved. 4. Old business A. Johnson reported on the October 15 Work Session with the City Council. Linda Magee will take the new name, Human Rights and Resources Commission, to the Council for consideration. As for our action plans, the Council wants something concrete in writing. B. The editorial in Monday,s Northeaster was discussed. Some Commission members found it disturbing and negative while others saw it as honest and positive. Suggestions to counteract the possibility of bad publicity included the following: new ways of attracting minorities to city job openings, such as a lottery system rather than the cut-off date for applications; brainstorming with civic groups such as the senior citizens for ideas to recruit more minorities; adding a protected class of people with catastrophic illnesses such as AIDS and MS. During this discussion Renquist expressed his frustration with the Commission,s moving so slowly. He plans to resign from the Commission and will meet with key city officials to present his ideas. He thinks he can accomplish more working from outside the Commission. He also observed that he thought Commission members had one admirable attribute, i.e. their honesty with one another. 5. New business. A. Johnson will find out how Mankato added students to their list of protected classes, as well as benefits to the city in doing this. B. Hanson will contact the two suggested sources for Diversity Training for city employees. C. La Mere and Tantanella will find out what the schools are doing for Martin Luther King Day, and Hanson will ask the library. D. Tantanella reported the December 9th holiday party for Columbia Heights to which Commission members will be invited. Also, the Commission can have their own dinner 2 meeting and decided to do so in January. La Mere will look into Little Jack's as a possible place for this. There is a vacancy on the Commission. Members discussed the idea of recruiting a minority to fill the position. 6. Adjournment. Johnson moved, Tilkens seconded that we adjourn. Ail "ayes." The meeting was adjourned at 7:55pm. Respectfully submitted, Pam Hanson, Secretary.