The URL can be used to link to this page

Home My WebLink AboutFebruary 12, 1996 Regular4_ AD~VISTRATION Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gary L. Peterson Mark .4. Winson February 9, 1996 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 12, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access' to, or treatment or employment in, its' services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CAI~ TO ORDER AND ROI~ CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. 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.) 4. 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 January 22, 1996 MOTION: Move to adopt the minutes of the Regular City Council Meeting of January 22, 1996, as presented in writing, and such reading be dispensed with. 2) Authorization to Do Request for Proposal for Automatic Meter Reading System MOTION: Move to Authorize the Mayor and City Manager to do a Formal Request for Proposal for an Automatic Meter Reading System. 3) Authorization to Seek Quotes to Reroof Prestemon Park Building MOTION: Move to Authorize Staff to Seek Quotes to Insulate ami Reroof Prestemon Park BuiMing. 4) Authorization to Seek Bids to Replace Five Street Lights on 40th Avenue MOTION: Move to Authorize Staff to Seek Bids to Furnish and Install Five Poles and Lights on 40th Avenue. 5) Authorization to Seek Quotes to Reroof Sullivan Lake Park Shelter MOTION: Move to Authorize Staff to Seek Quotes to Remove the Existing Asphalt Shingle Roof and Install a Standing Seam Metal Roof System. 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 City of Columbia Heights does not discriminate on the basis of disabi[ity in emp[oyment or the provision of services 'Equal Opportunity Employer CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 12, 1996 PAGE 2 6) 7) 8) 9) lO) 11) Approve Assistance in Recruitment/Selection of a New City Manager MOTION: Move to Authorize the Mayor and Acting City Manager to Enter into an Agreement with the Brimeyer Group, Inc. for Assistance in Recruitment and Selection of a New City Manager, as Outlined in the Proposal Dated January 24, 1996, at a Cost of $12,000 Plus Expenses. Appoint Gary Peterson as City Council President MOTION: Move to Appoint Gary Peterson as City Council President for 1996. Approve Subordination Agreement for Metro Assemblies MOTION: Move to Authorize the Mayor and City Manager to Enter into the Subordination Agreement Between the City of Columbia Heights, Columbia Heights Economic Development Authority, and Northeast State Bank, Regarding the Contract for Private Redevelopment with Robert and Priscilla Barnick d/b/a/Metro Assemblies. Establish Public Hearing Date of March II, 1996, Regarding CDBG Funding MOTION: Move to Establish March Il, 1996, at Approximately 7:15 p.m. as the Date and Time for the Public Hearing in Regards to the Request to Transfer CDBG Funding Accounts. Approve Licenses MOTION: Move to Approve the 1996 License Applications as Listed Upon Payment of Proper Funds, and the Rental Property License as Listed on the Memorandum from Lowell DeMars dated February 12, 1996. Payment of Bills MOTION: Move to Pay the Bills as Listed Out of Proper Funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Proclamation - Values First - Citizenship 6. PUBLIC HEARINGS Public Hearing - Revocation/Suspension of Rental License, Lynde Investments, Regarding 4120 4th Street N.E., 4433 University Avenue N.E., 4425 University Avenue N.E., 4441 University Avenue N.E., 4707 University Avenue N.E., and 4715 University Avenue N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-07, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-07, 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 Lynde Investments Regarding Rental Property at 4120 4th Street N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-08, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-08, 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 Lynde Investments Regarding Rental Property at 4433 University Avenue N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-09, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-09, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 12, 1996 PAGE 3 RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-10, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-10, 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 Lynde Investments Regarding Rental Property at 4441 University Avenue N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-11, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-11, 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 HeM by Lynde Investments Regarding Rental Property at 4707 University Avenue N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-12, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-12, 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 HeM by Lynde Investments Regarding Rental Property at 4715 University Avenue N.E. Public Hearing - Revocation/Suspension of Rental License, Lynde Investments Regarding Property at 4100 4th Street N.E. and 4060 4th Street RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-13, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-13, 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 Lynde Investments Regarding Rental Property at 4100 4th Street N.E. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-14, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-14, 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 Lynde Investments Regarding Rental Property at 4060 4th Street N.E. Public Hearing - Revocation/Suspension of Rental License, Lynde Investments, 5121 University Avenue N.E., 5131 University Avenue N.E., 5141 University Avenue N.E., and 4050 4th Street N.E. 1) RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-21, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-21, 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 Lynde Investments Regarding Rental Property at 5121 University Avenue N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investments Regarding Rental Property at 5121 University Avenue N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. 2) RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-22, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-22, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(i) of the Rental License HeM by Lynde Investments Regarding Rental Property at 5131 University Avenue N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investments Regarding Rental Property at 5131 University Avenue N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 12, 1996 PAGE 4 3) 4) RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-23, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-23, 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 Lynde Investments Regarding Rental Property at 5141 University Avenue N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License HeM by Lynde Investments Regarding Rental Property at 5141 University Avenue N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. RECOMMENDED MOTION: Move to Waive the Reading of Resolution 96-24, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Adopt Resolution 96-24, 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 Lynde Investments Regarding Rental Property at 4050 4th Street N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License HeM by Lynde Investments Regarding Rental Property at 4050 4th Street N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. First Reading of Ordinance No. 1315, Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Alley Easement RECOMMENDED MOTION: Move to Waive the First Reading of the Ordinance, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Establish February 26, 1996, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1315, an Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Alley Easement. First Reading of Ordinance No. 1316, Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Street RECOMMENDED MOTION: Move to Waive the First Reading of the Ordinance, There Being Ample Copies Available to the Public. RECOMMENDED MOTION: Move to Establish February 26, 1996, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1316, an Ordinance Amending Ordinance No. 853, City Code of 1977, Vacating a Certain Street. 7. ITEMS FOR CONSIDERATION Other Resolutions/Ordinances Bid Considerations Other Business 1) Tax Increment Administration Expense RECOMMENDED MOTION: Move to Authorize Payment of $11,097.00 for Administering the 1995 Tax Increment Financing Laws of Minnesota, With Expenses Being Charged to the TI Debt Service Fund as an Administrative Expense. 2) Medtronic, Inc. Plumbing/Mechanical Plan Review and Inspection Agreement RECOMMENDED MOTION: Move to Authorize the Mayor and Acting City Manager to enter into a Plumbing/Mechanical Plan Review and Inspection Agreement with Collova Services in Conjunction with the Medtronic Expansion. 3) Grant Approval for the City to Apply for MHFA (First Time Homebuyer Program) Funds RECOMMENDED MOTION: Move to Grant Approval (Concurrence) for the City to Apply for an Allocation of Maximum Allowable From the Minnesota Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if Successful in Securing an Allocation, to Provide the Necessary City Involvement in the Program. CITY COUNCIL AGENDA FOR MEETING OF FEBRUARY 12, 1996 PAGE 5 4) 5) 6) Approve Sale and Development Agreement Between City and Twin Cities Habitat for Humanity Regarding 4501 Taylor; 4549 Taylor; 4555 Taylor; 4550 Fillmore; and 1221 40th Avenue N.E. RECOMMENDED MOTION: Move to Approve the Sale and Development Agreement by and Between the City of Columbia Heights and Twin Cities Habitat for Humanity. Approve Purchase Agreement for 4613-15 Pierce Street N.E. and 4619-21 Pierce Street N.E. RECOMMENDED MOTION: Move to Approve the Purchase Agreement for 4613-15 Pierce Street N.E. and 4619-21 Pierce Street N.E. by and Between Keith Maahs and the City of Columbia Heights. Approve the Purchase of 4625-27 Pierce Street N.E. RECOMMENDED MOTION: Move to Approve the Purchase of 4625-27 Pierce Street N.E. According to the Conditions Stated in the Council Letter. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS B. C. D. E. F. Minutes of the January 9, 1996, Public Library Board of Trustees Meeting Minutes of the February 5, 1996, Traffic Commission Meeting Minutes of the January 29, 1996 HRA and EDA Meetings Minutes of the February 6, 1996, Planning and Zoning Commission Meeting Minutes of the January 10, 1996, Human Services Commission Meeting Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MAITERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Mark A. Winson, Acting City Manager OFFICIAL PROCEEDINGS COLX/MBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 22, 1996 CITIZENS FORUM TOADDRESSTHECOUNCIL ON MATTERS NOT ON AGENDA There was no one present for this segment of the Council Meeting. CALL TO ORDE~ Mayor Sturdevant called the Council Meeting to order at 7:01 p.m. and the Cablecasting of the meeting commenced. Jones, Jolly, Ruettimann, Peters°n, Sturdevant - present 4. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGEND% Councilmember Jolly requested that discussion of the City's storm policies be added to the agenda. CONSENT AGENDA Motion by Jolly, second by Peterson to approve the following items on the Consent Agenda: Minutes for ADDroval The Council approved the minutes of the Regular City Council Meeting of January 8, 1996 as presented and there were no corrections. Establish.Date for Board of Review The Council established the date forth. Local Board of Review for Monday, April 15, 1996 at 7:00 p.m. which will be held in the Council Chambers. Authorize Staff to Seek Bids for the 1996-97 Dutch Elm Diseased Tree Removal Proaram The Council authorized staff to seek bids for the 1996-97 Dutch Elm Diseased Tree Removal Program. Authorize Staff to Seek Sealed Bids for 1996 Miscellaneous Concrete Replacement and Installation Project The Council authorized staff to seek sealed bids for 1996 Miscellaneous Concrete Replacement and Installation Project. REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 2 ADprove Conditional Use Permit. BW-3. Inc.. Case #9601-03. 4811 Central Aven~9 The Council approved the conditional use permit for the operation of the proposed BW-3 restaurant at 4811 Central Avenue, provided some type of barrier/screening be installed around the proposed exterior patio with access only from the interior, that no audio be available to the outside area, and the hours of operation of the ourdoor area be limited to 10:00 p.m. Approve Contional Use Permit. Linder Greenhouses. Case #9601- 04. 4300 Central Avenue The Council approved the conditional use permit to allow the operation of a temporary greenhouse and retail sales in the easterly parking area of 4300 Central Avenue provided a $500 deposit is submitted to the License/Permit Clerk prior to installation of *~e structure on the site. Approve Conditional Use Permit. White Rental. Case #9601-05. 3901 Central Avenu~ The Council approved the conditional use permit for White Rental at 3901 Central Avenue to allow the operation of a truck/trailer rental business, provided no more than twelve (12) vehicles are stored on the site at one time. Approve Variance~ Bruce and Vicki Fischbach. Case #9601-06. 4212 Washington Street The Council approved the variance due to thisunique situation and based upon the previous existence of an approved building permit allowing creation of the unit and prior variance approval, provided the second floor unit at 4212 Washington Street is rented and occupied within six months from the final approval date. Approve Variance. Jeff Winter. Case ~9601-07. 3927 Central Avenue The Council approved the variance of thirty (30) s~are feet to allow total wall signage of 130 square feet on the building located at 3927 Central Avenue due to the distance that the building is set back from the front property line. ADDrove Joint Powers A~reement with Anoka County for Assessment Services The Council approved the Joint Powers Agreement with Anoka County for assessment services, effective January 16, 1996 to January 15, 2002, and authorized the Mayor and City Manager to execute the agreement. REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 3 Action to Refund Clean-Up Deposit. John Roaers. 4300 Central The Council extended the date for inspection of the lot to determine that sufficient removal of all tree debris has been completed untilApril 30, 1996 at 4300 Central Avenue, site of a Christmas tree sales lot. Failure to remove debris by that date will result in the $200 clean-up deposit being retained by the City. Application Recommenda%~on for Secondhand Merchant License The Council approvedthe application of Heidi Lou Westman for a secondhand merchant six month provisionary license at 4110 Central Avenue, Suite 206, subject to the City Manager and Police Chief providing a report on the status of the license and criminal history search of 90 days and 190 days. Order Approving Proposed Cable Rate Increases The Council waived the reading of the Order approving proposed cable rate increases and approved the Order approving the proposed rate increase submitted by Meredith Cable Company effective January 1, 1996. Establish City Council Work Session Dates The Council established February 5, 1996 at 8:00 p.m. and February 20, 1996 at 7:00 p.m. as Council work session dates for February, 1996. Approve 1996 Dues for North Metro Mayors Association The Council approved the 1996 dues for the North Metro Mayors Association in the amount of $10,672.00 with funds to come from Fund 101-41110-4330. ADDroval of Rental License ADDlications and License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental property licenses as listed on the memorandum from Lowell De. Mars dated January 16, 1996. Deny Taxicab License ApDlication for Gary Martinson Based on what information was contained in the license application, the Police Department recommended denial. The applicant explained his reason for answering the application question in the manner he did. He was advised that the offense which remains on his driving record will be removed as it was over five years old. REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 4 Motion by Ruettimann, second by Jolly to refer this matter back to the Police Department to follow up and to approve if the record is clear and the offense has been removed. Roll call: All ayes ~a_vment of Bill~ The Council approved payment of the bills as listed out of proper funds. Roll call on Consent Agenda: All ayes RECOGNITIONS. PROCLAMATIONS. PRESENTATIONS. GUESTS a. Proclamation - Tenth Anniversary of National Girls and Women in Sports Day Mayor Sturdevant read the proclamation recognizing February1, 1996 as the tenth anniversary of National Girls and Women in Sports Day. b. Proclamation - Values First. January_ is Respect Value~ Month The Mayor read a proclamation designating the month of January as Respect Month in the City of Columbia Heights in conjunction with the Values First Month. 8. PUBLIC HEARINGS a. Public Hearings - Close Hearings/Adopt Resolution~ Reaardina Rental License Revocations 1. Resolution No. 96-16 Being a Resolution ADprovina Rental License Revocation. 1100 39th Aven~ Motion by Jolly, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO, 96-16 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(]t) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY STEVEN EFTERFIELD (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1100-02 39TH AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 5 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 JANUARY 11, 1996, OF A PUBLIC HEARING TO BE HELD ON JANUARY 22, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOT~WING: FINDINGS OF FACT 1. That on August 8, 1995, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-inspection fee notices to Steven Efterfield, owner of the real property and incidental buildings located thereon at 1100-02 39th 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 Steven Efterfield. 2. That on one other occasion, re-inspection fee notices were mailed to Mr. Efterfield with no response. 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 1100 39th Avenue is in violation of the provisions of the Columbia Heights City Code. 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. I~GD'~ COUNCIL ~EET:[NG 3ANUARY 22 ~ 1996 PAGE 6 ORDER OF COUNCIT. 1. The rental license belonging to the license holder described herein and identified by license n~mher F-1049-95 is hereby revoked/suspended; 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 22nd day of January, 1996. Offered by: Seconded by: Roll call: Jolly Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolution No. 96-17 Beina a Resolution Approving Rental License Revocation for 4855-5~ Fifth Street Northeast Motion by Peterson, second by Sturdevant to close the public hearing regarding revocation or suspension of the rental license held by Gerald McGuire/Estate of Dorothy McGuire regarding rental property at 4855-57 Fifth Street Northeast in that the provisions of the Housing Maintenance Code have been complied with. Roll call: Ail ayes 3. Closing Hearing Regarding Rental License at 627-~9 51st Avenue. Leonard Thayer Motion by Ruetti;mann, second byPeterson to close the hearing regarding the revocation or suspension of the rental license held by Leonard Thayer regarding rental property at 627-29 51st Avenue in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes 4. Closina Hearing Re~arding Rental License at 4017 Sixth Street. Francis Job REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 7 Motion by Jones, second by Peterson to close the hearing regarding the revocation or suspension of the rental license held by Francis Job regarding rental property at 4017 Sixth Street in that the provisions of the Housing Maintenance Code have been complied with. 5. Closina Hearina Regardina Rental License at 4059 J~££erson Street. T~omas R. Kemnitz Motion by J011y, second by Jones to close the hearing regarding the revocation or suspension of the rental license held by Thomas R. Kemnitz regarding rental property at 4059 Jefferson Street in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes b. ~ublic Hearing - 1996 Community Development Block Grant Staff of the HRA advised that approximately $238,000 in funds is expected to be received from the Community Development Block Grant Programs. All of the recipients being recommended for funding were reviewed by staff. Representatives from SACA, ACCAP (re: Senior Outreach Program for Columbia Heights) and CEAP addressed their requests and reviewed the scope of their activity in Columbia Heights. Motion by Sturdevant, second by Peterson to approve the following as the 1996 Co~munity Development Block Grant (CDBG) Program for the City of Columbia Heights with the Acting City Manager and the and HRAChair authorized to prepare and submit the formal application for such funds: City Projects to be Funded with FY 1995 CDBG Grant Funds: ae Neighborhood Revitalization with Priority Use of Funds in Sheffield Neighborhood $140,000 to $160,000 B. Housing Rehab (City-Wide) $ 90,000 to $100,000 C. Public Service Grants 21,662 to $ 21,662 1. Senior Outreach Program for Columbia Heights. (Anoka County Community Action Program ) $11,662 2. Southern Anoka County Community Assistance $4,000 3. Alexandra House (Columbia Heights) $3,000 REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 8 4. Hot Meals for Shut-Ins (Meals on Wheels) for Columbia Heights $3,000 5. CEAP (Community Emergency Assistance Program, Inc.) $1,000 to be taken from "B" Housing Rehabilitation allocation. Roll call: All ayes Councilmember Ruettimann noted procedure was incorrect by taking a vote on the allocation of CDBG funds before the public hearing for same was closed. Motion by Sturdevant, second by Peterson to rescind their vote on approval of the allocation of CDBGProgram. Roll call: All ayes Motion by Ruettimann, second by Jones to close the public hearing on the 1996 Community Development Block Grant Program. Roll call: All ayes Motion by Sturdevant, second by Peterson to approve the 1996 Community Development Block Grant Program as previously stated during the Council Meeting. Roll call: All ayes ITEMS FOR CONSIDERATION a. Other Resolutions and Ordinances 1. Resolutions No. 96-18 and No. 96-19 Being Resolutions Directina the City Engineer to Proceed with the Submittal of a Variance Request to the Co~issioner of Transportation Motion by Peterson, second by Ruettimann to waive the reading of Resolution No.. 96-18there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-1~ DIRECTING THE CITY ENGINEER TO PROCEED WITH THE SUBMITTAL OF A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR 39TH AVENUE NORTHEAST FROM STATION 12+68.27 TO 13+31.33 WHEREAS, the City wishes to overlay 39th Avenue N.E. from Fifth Street to Jefferson Street and Whereas, the existing horizontal curve does not meet the minimum required length for 50 kilometers per hour; and REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 9 WHEREAS, the Minnesota Department of Transportation Rule 8820.9946 requires that State Aid Streets have a minimum design speed of 50 kilometers per hour; and WHEREAS, State Aid Rules provide that apolitical subdivision may request a variance from these rules; NOW, THEREFORE, BE IT RESOLVEDbythe City Council of the City of Columbia Heights; That the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance from adopted Rule 8820.9946 to permit the overlay of 39th Avenue Northeast from Fifth Street to Jefferson Street with less than the minimum required horizontal curve length for 50 kilometers per hour from Station 12+68.27 to 13+31.33. Dated this 22nd day of January, 1996. Offered by: Seconded by; Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk Motion by Ruettimann, second by Peterson to waive the reading of Ordinance No. 96-19 there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 10 RESOLUTION NO. 96-19 DIRECTING THE CITY ENGINEER TO PROCEED WITH THE SUBMITTAL OF A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR FILLMORE STREET N.E. FROM 46TH AVENUE TO 47TH AVENUE AT STATION 35+75 TO 37+75 AND STATION 38+07.87 TO 39+66.43 WHEREAS, the City wishes to overlay Fillmore Street N.E. from 46th Avenue to 47th Avenue, and WHEREAS, one existing crest vertical curve and one existing horizontal curve, respectively, does not meet the minimum required length for 50 kilometers per hour WHEREAS, the Minnesota Rules for State Aid Operations, Chapter 8820.9946 requires that State Aid Streets have a minimum design of speed of 50 kilometers per hour; and WHEREAS, Rules for State Aid Operations provides that a political subdivision may request a variance from these rules; NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Columbia Heights: That the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance from adopted Minnesota Rules for State Aid Operations, Chapter 8820.9946 to pe:~mit the overlay of Fillmore Street N.E. from 46th Avenue to 47th Avenue with less than the minimum required vertical and horizontal curve length for 50 kilometers per hour at Station 35+75 to 37+75 and Station 38+07.87 to 39+66.43. Dated this 22nd day of January, 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student~ Council Secretary REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 11 CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 2. Resolution No. 96-20 Beina a Resolution Approvina Joint Powers Aareement with St. An%bony Traffic Sianal at 39th Avenue and Stinson Boulevard 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 BEING A RESOLUTIONAPPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF ST. ANTHONY TO INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM TO BE LOCATED ON STINSON BOULEVARD AT 39TH AVENUE NORTHEAST WHEREAS, the cities of Columbia Heights and St. Anthony desire to install a traffic control signal system to be located on Stinson Boulevard at 39th Avenue Northeast; and WHEREAS, dse of Minnesota State Aid Construction Funds for this project is allowed; and WHEREAS, both parties agree to participate in the construction, maintenance and operating costs of said signal system. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Columbia Heights hereby approves the Joint Powers Agreement for the placement, construction and operation of a traffic control signal system with the City of Columbia Heights and City of St. Anthony at 39th Avenue N. E. and Stinson Boulevard. REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 12 Dated this 22nd day of January 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 22nd day of January, 1996, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 3. Storm Damage and City Action~ Councilmember Jolly requested there be some discussion regarding the damage incurred from the recent wind and rain storm in the City. The Acting City Manager distributed copies of the City's written policy on severe winter procedures and the directive regarding handling of debris resulting from severe weather. This policy was approved by the City Council in 1983. The Acting City Manager reviewed what city crews are currently doing to address the problems resulting from the storm. All public areas are being cleaned up. He strongly encouraged residents to not be concerned with debris which is frozen in the ground or .about debris which is not hazardous nor dangerous. He recommended this material be left alone until its frozen state has changed. Handling frozen material may cause further damage than is already sustained. REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 13 The Acting City Manager also advised that the City is renting a chipper to be used in some of the debris clean-up. The City's chipper needs some repair. Councilmember Ruettimann has viewed the City's chipper and agrees that it needs repair. Motion by Ruettimann, second by Jolly to direct the Acting City Manager to seek bids not to exceed $5,000 for repair of the City's chipper with the funds to be taken from the Undesignated Fund Balance. Roll call: All ayes b. Bid Considerations 1. Authorization to Purchase Pickup to Replace Unit ~305 The vehicle being replaced will remain in the fleet inventory. It is a 1977 Ford pickup with utility box and hoist. Its mileage is over 62,000 and its repair and maintenance costs over the last three years have been $4,100 due to its age. Mayor Sturdevant did not feel the vehicle needed to be replaced because of its low mileage. Councilmember Ruettimann felt its being replaced was justified due to the high repair and maintenance costs incurred over the last three years. Motion by Jolly, second by Jones to authorize the purchase of a 1996 Ford F250 3/4 ton pickup from the Hennepin County Contract ~3579C-232 for $14,600 plus tax, funding from Fund 434-49950-5150, and furthermore, to authorize the Mayor and Acting City Manager to enter into a contract for the same. Roll call: Jones, Jolly, Ruettimann, Peterson - aye Sturdevant - nay 2. Authorization to Enter Into a Purchase Agreement for an Oil Distributor Motion by Ruettimann, second by Peterson to authorize the Acting City Manager and current Public Works Director to enter into a purchase agreement for a used oil distributor should an accceptable distributor be located. This authority is limited to a purchase of $45,000 or less and expires on April 30, 1996, and furthermore, final purchase of the equipment is contingent on approval of the City Council. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 14 The Acting City Manager advised there may be a penalty if the City changes its plans to purchase this unit. 3. ADDrOVal of Road Salt Purchas~ Motion by Sturdevant, second by Jones to approve the purchase of up to 250 tons of road salt from Cargill, Inc. through State Contract ~405492 for a total of $7,135.00 including tax, funding from F~mds 101-43121-2161 and 101-43121-4395. Roll call: Ail ayes 4. ApDrove Change Order No. 1 to Contract with Park Construction Pro4ect #9312 Motion by Ruettimann, second by Peterson to approve Change Order No. i to contract with Park Construction for Project #9312, LaBelle Water Quality Improvements, and furthermore, to authorize the Mayor and City Manager to execute Change Order No 1. Roll call: All ayes 5. Approve Purchase and Installation of Telecommunications Hardware for the LibraFy Motion by Ruettimann, second by Peterson to purchase and install telecommunications hardware necessary to implement a frame relay system from the Anoka County Library based on available State and County contract prices, and furthermore, to authorize the Mayor and Acting City Manager to enter into an agreement for the same. Roll call: All ayes Motion by Ruettimann, second by Peterson to authorize sale of the Library's 16-port multiplexor to Scott/Carver Library. Roll call: All ayes 6. Approve Purchase of Replacement Light Bars Councilmember Ruettimann inquired if the availability of these light bars on a State contract was considered. Chief Johnson respondedthat Captain Olson has checked this and established they were not available. Motion by Peterson, second by Jones to authorize the purchase of three federal "Streethawk" light bars from Uniforms Unlimited of Minneapolis for a total price of $2,835 with funds budgeted, in the Police Department, Capital Equipment Replacement Fund 431-42100-5180 and payment of sales tax from Account 101-42100-4395, and that the Mayor and Acting City Manager be authorized to issue payment for the purchase. Roll call: All ayes REGULAR COUNCILMEETING JANUARY 22, 1996 PAGE 15 c. O~her Business 1. Conditional Use Permit for First Community Credit Union. Case #9601-01 for Car Sales DisDla? Motion by Ruettimann, second by Peterson to table reconsideration of a conditional use permit request for First Community Credit Union and refer the same to the January 29, 1996 work session for further discussion. Roll call: All ayes 2. ~uthorizeDeveloDment Aareement Between City and Habitat for Humanity Regardin~ the T~ansfer of Certain Lo~s within the City and Sheffield Neiahborhood Motion by Jones, second by Sturdevant to authorize the Mayor and Acting City Manager to enter into a preliminary development agreement with Habitat for Humanity on the transfer of certain lots in the City of Columbia Heights and the Sheffield Neighborhood. Roll call: All ayes 3. Televisina of Omen Mike Policy Motion by Peterson, second by Jones to amend the current Rules of Decorum to allow televising Open Mike at the end of the agenda. Roll call: All ayes Councilmember Ruettimann recalled the previous abuses of Open Mike which led to the stopping of cablecasting of this segment of the meeting. He requested the Chair to control the Open Mike portion of the meeting. Councilmember Jolly noted that some of the abuses of Open Mike were statements made by political candidates. Councilmember Peterson was supportive of this matter being held until the end of the meeting. He felt is was a question of fairness to those people who had an issue already on the agenda. With this arrangement they will no longer be kept waitinguntil all comments have been made and discussed on the Open Mike portion of the agenda. 4. ADDrove Medtronic. Inc.. Buildina Plan Review and Permit Inspection Agreement Motion by Jolly, second by Ruettimann to authorize the Mayor and Acting City Manager to enter into a building plan review and inspection services agreement associated with Code Advocate in conjunction with Medtronic, Inc. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 22, 1996 PAGE 16 The Acting City Manager advised that the contractor will be reimbursed for reasonable costs associated with the cell phone. 10. ADMINISTRATIVE REPORTS ae Report of the City Manager The City Manager's report was submitted in written form and no items were discussed. The Acting City Manager had no additional comments relative to the report. The Acting City Manager did recognize employees of the Public Works Department for their superior work during the recent storm and follow up work during inclement weather. He thanked them and expressed appreciation on behalf of residents. b. Report of the City Attorney The City Attorney requested an Executive Session be called before adjournment of the Regular Council Meeting. 11. GENERAL COUNCIL COMMUNICATIONS Minutes of the January 9, 1996 Planning and Zoning Commission were included in the agenda packet. No Council action was required. 12. RECESS TO EXECUTIVE SESSION Motion by Sturdevant, second by Ruettimann to recess to an Executive Session at 9:20 p.m. for the purposes of discussing the Agreement with the City of Hilltop relative to payment of costs associated with sewer service, and furthermore, to appoint Jo-Anne Student as Recording Secretary. Roll call: All ayes EXECUTIVE. SESSION Motion by Peterson, second by Jones to adjourn the meeting at 9:33 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REQUESTED CHANGES IN FEBRUARY 12, 1996 CITY COUNCIL AGENDA WITHDRAW ITEM 7~C~- SALE OF PROPERTY TO HABITAT FOR HUMANITY NEEDS ORDINANCES, STAFF WILL BRING BACK AT NEXT MEETING SUBSTITUTE ITEMS 7C5 & 7C6, PURCHASE OF PROPERTIES ON PIERCE STREET REPRESENTIVE SKIP CARLSON WOULD LIKE TO ADDRESS COUNCIL ON ACTIVITIES OF THE LEGISLATURE AS PART OF ITEM 5-RECOGNITION, PROCLAMATIONS, PRESENTATIONS,GUESTS CITY COUNCIL LETTER Meeting of: FEBRUARY 12~ 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: ~.~) CITY MANAGER NO: ~, FINANCE ,~-X'~' APPROVAL ITEM: AUTHORIZATION TO DO BY: JUNE JOHNS300~/ BY: REQUEST FOR PROPOSAL FOR WILLIAM ELRITE DATE::'/-/* ,~/'~//~ AUTOMATIC METER READING SYSTEM DATE: JAN. 23, 1996 NO: For years, the City has been utilizing the same system for meter reading--that being a City meter reader entering the residence to obtain a reading. In the past few years, it has become increasingly more difficult to obtain meter readings: people are not home because more people are working and people are afraid to let a stranger in their home. Also, many of the meters in the City are very old and starting to need more repairs, and the accuracy of the older meters is questionable. In a joint effort between the Finance and Public Works Departments, staff is recommending that the City submit requests for proposals for an automatic meter reading system. Implementation of an automatic meter reading system would provide for replacing water meters currently in residences with new meters that could be read outside the house with touchpad or radio technology. The meter readings would then be transmitted to the computer without the need for manual entry of the readings. The proposed request for proposals would be for an automatic meter reading system utilizing touchpad technology with radio reading in structures that cannot be wired for touch read. The proposal would contain options for the full City to be converted at once, a three- to five-year phase-in, and various financing options. Public Works is currently testing various meters to evaluate and to determine the degree of inefficiency. When the proposals are received the Public Works and the Finance Departments will evaluate the cost effectiveness and cost recovery period for the replacement of water meters. It is estimated that with the improved accuracy of the new meters and the gained revenue that is currently lost by meters underestimating, the cost would be recovered in approximately eight years. Once proposals are received and Public Works completes its meter testing, a more accurate projection can be completed. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to do a formal request for proposal for an automatic meter reading system. JJ:dn 9601161 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/12/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZATION TO SEEK QUOTES BY: M. Winson ~ NO. TO REROOF PRESTEMON PARKi~,,BUILDINGA, ~'~/ DATE: 2/5/96 The building was first constructed in approximately 1978. Modifications were made several years later to eliminate the flat roof. This section of the roof leaked and was a constant maintenance problem. The original roof construction consists of 1 1/2" tongue and groove wood decking and a composite of rigid insulation with asphalt shingles. Staff requests authorization to seek bids to do the following: Remove the insulation and asphalt shingle composite. Insulate to meet State Building Code. Install asphalt shingle roof. A total of $5,000 is budgeted in line item 412-45200-5'120 for this work. RECOMMENDED MOTION: Move to authorize staff to seek quotes to insulate and reroof Prestemon Park Building. MAW:jb 96-080 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/12/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY~ MANA/QER NO. PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS TO BY: M. Winson ,/f4/~ BY;,' NO. REPLACE FIVE STREET LIGHTS ON DATE: 2/5/96 DA'rE: 40TH AVENUE ,~.,. The ornamental street light poles on 40th Avenue between University Avenue and 6th Street are beginning to fail. The poles are rusting where the base plates attach to the poles. Three poles have rusted through and fallen. Several others are questionable. A total of 14 poles and lights were installed in 1951. Replacement of four poles and lights was awarded in October of 1995. These four lights will be installed by the end of February. The poles and "shoe box" lights are similar to those on Central Avenue. Refer to attached plan and data sheet. The Public Works Department proposes to budget funds each year until all the poles and lights are replaced. A total of $10,000 is budgeted in 212-43190-5130. Based on the bids received in 1995 we anticipate the cost to replace five lights will be $14,000. Funds are available in the Municipal State Aid Maintenance account for this work. RECOMMENDED MOTIONS: Move to authorize staff to seek bids to furnish and install five poles and lights on 40th Avenue. MAW:jb 96-079 Attachment COUNCIL ACTION: 0 6TH 'ST 0 C 5TH ST ( 4TH ST UNIVERSITY AVE < +®13 .I.! Square Shoebox Light The square shoebox light is available as shown on the product sheet. It is available in 20-foot or taller aluminum, wood or fiberglass poles. Lamps are 100, 150 or 250 watt high-pressure sodium (HPS). It also is available in a two-fixture option. This fixture is practical for both commercial and residential areas. Rate/Service Included Shoebox Style Group V Rate Cleaning, Lamp and Ballast Replacement Yes Installation NSP System Repair and Replacement Included for 25 yrs Ownership Customer or NSP Monthly Rate $5.30 Average Installed Purchase Price $2,050.00 (25 ft aluminum pole) Base Options Mounted Two-Fixture Cross Arm Available Yes 1This rate will apply for a I O0 Watt High-Pressure Sodium {HPS) fixture for the entire table, CITY COUNCIL LETTER Meeting of: 2/12/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITYt aMANAGER NO. ~/,,, PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK QUOTES BY: M. Winson~ ~ BY: NO. TO REROOF SULLIVAN LAKE PARK SHELTER DATE: 2/5/96 DAI?E: The Sullivan Lake Park shelter was constructed in approximately 1982. The shelter roof has needed on-going shingle replacement due to vandalism. In the spring of 1994 and 1995 sections of the arbor were removed in an attempt to limit access to the roof and subsequent vandalism. However, the problem continues. Staff requests authorization to seek quotes to remove the existing shingle roof and install a standing seam metal roof system. A total of $10,000 is budgeted in line item 412-45200-5120 for this work. RECOMMENDED MOTION: Move to authorize staff to seek quotes to remove the existing asphalt shingle roof and install a standing seam metal roof system. MAW:jb 96-078 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL NO: CITY MANAGER'S iT : PROVIN IN L. At their work session of January 23, 1996, the City Council interviewed consultants proposing to provide assistance to the City of Columbia Heights in recruitment and selection of a new City Manager. Jim Brimeyer, of the Brimeyer Group, Inc. and Bernie Steffen of Barna, Guzy, and Steffen were interviewed. The City Council is recommending entering into a contract with Jim Brimeyer, of the Brimeyer Group, for assistance in recruitment and selection of a new City Manager, based upon the proposal dated January 24, 1996, at a cost of $12,000 plus expenses. RECOMMENDED MOTION: Move to authorize the Mayor and Acting City Manager to enter into an agreement with the Brimeyer Group, Inc. for assistance in recruitment and selection of a new City Manager, as outlined in the proposal dated January 24, 1996, at a cost of $12,000 plus expenses. COUNCIL ACTION: The Brimeyer Group, Inc. EXECUTIVE SEARCH CONSULTANTS REVISED City of Columbia Hetghts City Manager Suggested Search 2bnetable 904 Mainstreet Suite 205 Hopkins, MN 55343 2/12/96 2/14 tO 2/19/96 2/20/96 2/26/96 2/27 to 3/29/96 3/29/96 4/1 to 4/19/96 4125196 4/29 to 5/10/96 5/17 and 5/18/96 ]'une, 1996 Authorization to Proceed Gather Information for Profile Place Announcement Approve Profile Recruit Candidates Deadline for Applications Review, Screen Candidates Progress Report Check References, Verify Credentials Interviews, Selection Start Date (612) 945-0246 · fax (612) 945-0102 The Brimeyer Group, Inc. EXECUTIVE SEARCH CONSULTANTS January 24, 1996 904 Mainstreet Suite 205 Hopkins, MN 55343 Mayor Joseph Sturdevant Members of the City Council City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Dear Mayor and Councilmembers: Thank you for the opportunity to submit a proposal to assist the City Council in selecting a City Manager for the City of Columbia Heights. Our firm is well qualified to assist you in this endeavor. Our success in executive search, particularly the public sector, will serve the City well. Responsibility for the search will be under the direction of James Brimeyer assisted by the staff at The Brimeyer Group. Jim has twenty years experience in public sector management and has been involved in executive search since July, 1988. We have previously submitted biographies, references and a client list for The Brimeyer Group. Because of our past work with the City of Columbia Heights we have already gathered some of the information to be used in the Position Profile. This lessens the amount of time spent by The Brimeyer Group in putting together that document. Therefore, we are able to offer you a reduced fee for a complete search process. A normal fee for this assignment would be $14,000 to $15,000 plus expenses. We very much look forward to working with the City of Columbia Heights in what must be considered a most challenging and exciting effort. Very truly yours, James Brimeyer President (612) 945-0246 . fax (612) 945-0102 City Manager of the City of Columbia Heights, Minnesota A PROPOSAL SUBMITTED BY: THE BRIMEYER GROUP, INC. EXECUTIVE SEARCH CONSULTANTS 904 MAINSTREET, #205 HOPKINS, MN 55343 January 24, 1996 City of Columbia Heights Page One Introduction The Brimeyer Group, Inc. assists clients in the search for and selection of professionals who exceed client expectations. Our work is primarily in the public sector assisting boards, councils, and commissions in hiring top management positions. We see our role as an extension of your human resource efforts. We are committed to working together with our clients to complete critical staffing assignments using a process which has proven to be thorough and successful. Through performance, we are striving to earn a reputation that places ns at the top of our profession. ADVANTAGES OF SF~LI~FING THE BRIMEYER GROUP A. The Brimeyer Group, Inc. has extensive experience in identifying and recruiting public officials including work for cities, counties, associations, and semi-public agencies. B. The Brimeyer Group, Inc. is committed to accurately portraying all candidates to the City so that the City's satisfaction may be assured. C. The Brimeyer Group, Inc. is likewise committed to accurately portraying the position to the candidates to prevent unrealistic expectations. D. The Brimeyer Group, Inc. will maintain continual contact with the client throughout the search. We will also keep the candidates informed as the search progresses. Eo Our approach to executive search involves the client playing an active role in the process. The client is always the final authority in the evaluation and selection of candidates. We make every effort to promote maximum client input throughout the entire process and, in addition to our milestone meetings with the client, we will provide periodic updates. F. Our experience in public sector managemem and executive search coupled with our knowledge of viable candidates ensure the best possible pool of candidates. G. The Brimeyer Group can develop, at no extra charge, a Work Program for the successful candidate which outlines the expectations of the City and the City Manager. H. Research Staff and support personnel are assigned to each engagement on an 'as needed" basis making the search the most cost effective. City of Columbia Heights Page Two Consultant James L. Brimeyer Jim has twenty years of experience in public sector management and has been involved in executive search since July, 1988. Mr. Brimeyer served in public admini.~tration in four cities, three as City Manager, including his last position in St. Louis Park, Minnesota (pop. 45,000), with a budget of $28 million and 230 employees. He also served in Worthington, Ohio, and Wood Dale, Illinois. He began his career as Assistant City Manager in Park Ridge, Illinois, after obtaining a master's degree in Public Admini.~tration from Northern minois University. His bachelor's degree is from Loras College in Dubuque, Iowa. Mr. Brimeyer has concentrated his efforts in public sector recruiting at the top management and mid-management levels. He also performs executive search for private sector organizations that have a relationship with municipalities, counties, and other public sector agencies. He has acted as a facilitator for strategic planning and goal setting activities for several organizations, at both policy-making and administrative staff levels. Mr. Brimeyer is past President of the Ohio City Management Association. He belongs to the International City Management Association, the Metropolitan Area Management Association, the Minnesota City Management Association, the National Forum for Black Public Administrators, and the Minnesota Municipal Utilities Association. He is active in the TwinWest Chamber of Commerce. He is Past President of the St. Louis Park Rotary and Past President of the Rotary Foundation Board. Mr. Brimeyer is an adjunct faculty member in the Graduate School of Public Administration at Hamline University. In January, 1996 he began a four year term as City Councilmember at- large in St. Louis Park, Minnesota. The Search Process We anticipate the search for the City Manager for the City of Columbia Heights will take from three to four months (90 to 120 days) from the time we are retained to the time the City Council makes an offer. This timeframe can be shortened by using some of the work previously done in Columbia Heights and by limiting the geographic area for the search. This is also somewhat dependent on the time required to screen candidates, and the availability of the City Council to review consultant reports and conduct final interviews. We have prepared a preliminary timetable which corresponds to the various steps in the process. After further discussions with the City Council we will refine the timetable and develop a target date for the reporting of the new City Manager. To insure a successful search, we will use the following process: City of Columbia Heights Page Three PHASE I Position Profile A highly successful search begins with a thorough definition and agreement by the City on each aspect of the position to be filled. During this initial phase our consultants will meet with the City Council, Department Heads, and key staff to learn more about your goals and objectives. We will utilize the information available from our previous assignment with the City of Columbia Heights. Critical factors to be determined include position responsibility and authority; reporting relationships; educational and experience requirements; personal and leadership qualities; management style, and organizational priorities. The listing of priorities serves a two-fold purpose: It assists the hiring authority in developing a consensus on what is important for the organization and it alerts potential candidates to the important issues of the organization. Of equal importance to the success of the search is identifying the community priorities and environment in which the City Manager must function. We would expect to meet with selected representatives from the community to further assess the climate within which the selected candidate will most effectively perform. This may be accomplished through individual interviews or through a public forum. Prior to our meetings we will supply an Ideal Candidate Profile Survey to assist the interviewees in assembling their ideas on what should be included in the Position Profile. This survey may be modified and approved prior to distribution to participating individuals. As a result of the meetings we will reach an understanding of the critical specifications of the position and we will draft a Position Profile. A great deal of emphasis is placed on the agreement of this analysis. Without this information, it is difficult to determine how potential candidates will affect the City's plans and organizational team. The final Position Profile becomea the document against which we evaluate prospective candidates. During the meeting with the City Council, agreement will be reached concerning the number of qualified candidates that will be interviewed before making a final decision. PHASE H Place Announcements - Recruit Candidates After the Profile is approved, we will conduct a comprehensive program to contact candidates and determine sources of candidates. In addition to placing announcements in the appropriate professional and trade journals, we will identify potential candidates through personal contacts with public sector professionals and other members of similar organizations. In addition, we will use our research staff to identify comparable organizations from which key individuals can be contacted. Often we are able to identify candidates from similar assignments who may be appropriate for the position. We will directly recruit specific individuals with established patterns of talent, stability, and success. City of Columbia Heights Page Four Review Resumes and Screen Candidates Numerous prospects will be screened again.~t the Position Profile. From these individuals we will compile a broad list of prospects for the job. An initial confidential telephone contact will be made to promising candidates to determine their suitability and interest. After our research and sourcing is completed, several qualified candidates emerge for evaluation and comparison. Thorough, intensive, one-on-one interviews will be conducted with the leading candidates by our staff. Our in-depth evaluation and appraisal techniques will cover issues such as work experience, education, professional development and achievement, career objectives, accomplishments, suitability, and specific interest in the City of Columbia Heights position. Progress Report Following the screening and evaluation, we will prepare a Progress Report which will provide information on 10-12 candidates who have been judged to meet or exceed the requirements of the position. This Progress Report will provide specific information on the individual's educational and work history; accomplishments and growth potential; strengths and possible limitations. We will personally deliver and review these reports with the City Council. On the basis of this review, 4-6 candidates will be selected for further consideration. At this time we will propose a schedule for interviewing the candidates. PHASE Iii Background Checks Prior to the interviews, we will investigate the backgrounds of the most promising candidates through discreet telephone and personal reference checks. We will talk with peers and former associates of these prime candidates. It is our practice to speak directly with individuals who are, or have been, in positions to evaluate the candidates' job performance. We will verify the finalist candidates' credentials through an educational, criminal, and credit check. Assessment (optional) The Brimeyer Group has the authorization and the ability to admini.~ter an assessment tool entitled ~The DiSC Behavioral Management System' designed to assist individuals in understanding their style and to assess the environment in which they operate most effectively. The finalist candidates will be provided with a questionnaire from which an extensive computer report is generated. The report is very specific and covers the following areas: 1. Internal motivation 2. Self-management strategies 3. IdentifiCation and management of conflict City of Columbia Heights Page Five The City will learn insights into strengths, weaknesses, and likelihood of success for each final candidate before hiring and how to best manage and work effectively with the candidate. The above assessment is available at the option of the City Council. Client Interview and Selection Process The interview schedule will allow the candidates to get ac~luainted with the community and comm!lnity leaders and visit with the staff on an informal basis. We culminate the process with individual and group interviews. Prior to the interviews we will provide the City Council with some helpful material on interviewing techniques and will discuss the proposed procedures to be used in the selection process including an evaluation form and a list of questions for possible use by the interviewers. Extensive material including background and reference checks will be provided on each candidate prior to the interview. If possible, all interviews will be scheduled within a period of one to two days depending upon the desire of the City Council. A consultant will be present at each interview. Selection After the interviews we will meet with the City Council to review the individual ratings and assist in determining the top candidate. The consultant will assist in this process to the extent requested by the City. We take responsibility for notifying all unsuccessful candidates at each stage of the process. Negotiating Compensation Package The Brimeyer Group, Inc. will take great care that the City of Columbia Heights secures an acceptance from the most desired individual. We will recommend a compensation package calculated to attract the finalist and will participate in the final negotiations. If any concerns arise in the final hour, by working as a third-party intermediary we can resolve important details of the offer which may have significant bearing on its final acceptance or rejection. Additional Services A. If requested by the City, The Brimeyer Group, Inc. can act as a spokesperson with the media, when appropriate, in order to maintain the integrity of the selection process .as well as to protect the confidentiality and privacy of the candidates who are not hired. City of Columbia Heights Page Six Bo We pay careful attention to all circumstances arising from a job change including adjustments in compensation and benefits, spouse careers, real estate issues, family concerns, and relocation details. Lifestyles, personal values, and dual career households are three of the factors that influence an individual's decision to change jobs. After the candidate is employed, we will follow up with both the City Council and the candidate to insure a smooth transition and satisfactory completion of the assignment. We will make contact to assess the fit from both the City's and the candidate's points of view. In the unlikely event that unexpected concerns have developed, this follow-up contact is intended to identify potential issues early so that adjustments can be made, if necessary. Work Program (Performance Evaluation) If requested by the City Council, we agree to assist the City and the City Manager in developing a Work Program after a six-month period which outlines the expectations of the City Council and the City Manager. The only cost incurred for this service will be any cost associated with a visit to Columbia Heights and other out-of-pocket expenses. The Work Program will contain objectives for the City Manager to accomplish in the ensuing 12-18 months. Guarantee If the City utilizes the entire process, Phase I, Phase II, and Phase m, as described, The Brimeyer Group offers an 18-month guarantee on the effectiveness of the City Manager. Should the City determine it necessary to terminate the City Manager due to failure to adequately perform the duties as specified in the Profile and as represented by the process, we will ref'fll-the position at no additional fee and will charge expenses only. We offer this assurance because of our confidence in the thoroughness and accuracy of the process. Should there be substantial changes in the political situation at City of Columbia Heights and a decision is made to terminate the City Manager for reasons other than failure to perform the administrative duties as specified in the Position Profile, this guarantee is subject to negotiations between the City Council and The Brimeyer Group. City of Columbia Heights Page Seven Costs EXPENSES The Brimeyer Group, Inc. will bill expenses directly related to the assignment with the City Council's prior approval. Necessary expenses include travel, meals and lodging; long distance telephone; printing; credential verifications; courier service; and administrative expenses. Based on our experience, our expenses would be from $1,000 to $1,500. This estimate does not include any costs associated with candidates' expenses for the f-mai interview. FOR SERVICE To complete the entire assignment, we propose a flat fee of $12,000. The fee includes the following services: Phase I Meet with City Council, Department Heads, and key staff Meet with selected representatives from the community Develop Position Profile Draft Position Profile Present Profile for approval Phase II Place Announcements Direct Recruiting Contact Sources Review Resumes Screen and evaluate candidates Prepare and present Progress Report Phase III Background/reference checks Administer assessment instrument (included in base fee) Schedule and coordinate candidates' interviews with the City Participate in interviews Develop compensation package Participate in 'negotiations Counseling Develop Work Program (six months after employment) City of Columbia Heights Page Eight PAYMENT Our payment policy on searches is one-third of the fee due upon signing this agreement; one- third after presentation of the Progress Report; and the balance due 10 days after the search has successfully been completed, whether the agreement is oral or written. In the event the City terminates this agreement during the search we will retain the progress payments to that point. J~es L. Brimeyer President The Brimeyer Group, Inc. Date Mayor Joseph Sturdevant City of Columbia Heights Date CITY COUNCIL LETTER Meeting of: February 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER' S APPROVAL ,~ NO: , :/..~~ ITEM: APPOIN%/~ENT OF CITY C_OUNC_I~ PRESIDENT BY: M. WINSON ~ BY: NO: ~~q) DATE: 2 - 7- 96 DATE It would be appropriate for the City Council to appoint one of its members as City Council President. The member appointed to this position would fulfill the duties of the Mayor, in the absence of the Mayor. It is my understanding that Gary Peterson has served in this position in the past, and is willing to fill the position for this year. RECOMMENDED MOTION: Move to appoint Gary Peterson as City Council President for 1996. COUNCIL ACTION: · CITY COUNCIL LETTER Meeting of: February 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROV% . ITEM: APPROVAL OF SUBORDINATION AGREEMENT - BY: M. WINSON BY: ~/J~J~_ METRO ASSEMBLIES DATE: 2-7-96 ~'~ DATE ¢. In June, 1995, the City Council and HRA entered into a development agreement with Robert and Priscilla Barnick, d/b/a Metro Assemblies for the property at 500 38th Avenue. The Barnick's are in the process of obtaining permanent financing for their costs in the development of this property, and the bank is requiring a subordination agreement with the City and HRA (now EDA) in conjunction with this financing. This is typical with these types of agreements. The EDA reviewed and approved the agreement at their meeting of January 29, 1996. There was some concern as to the language regarding the conversion from HRA to EDA. I have confirmed with the City's Counsel that the language is correct for the situation. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into the Subordination Agreement between the City of Columbia Heights, Colurabia Heights Economic Development Authority, and Northeast State Bank, regarding the contract for private redevelopment with Robert and Priscilla Barnick d/b/a Metro Assemblies. COUNCIL ACTION: Attorneys at Law ROBERT A. AL~OP BRUCE M. BATTERSON RONALD H. BATTY STEPIt~N J. BUBUL JOIIN B. DEAN DANIEL J. GREENSWEIG DAVID J. KENNEDY CHARLF~ L. LEFEVERE JOlkN M. LEFEVRE, ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Facsimile (612) 337-9310 WRITER'S DIRECT DIAL 337-9202 January 23, 1996 Pat Hentges City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 By Fax = 782-2801 CORRINE H. THOMSON JAMES J. THOMSON LARRY M. WERTHEIM BONNIE L. WILKINS JOE Y. YANG DAVID L. GRAVEN (1929.1991) OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON WELLINGTON H. LAW C[~TIS A. PEAP~ON T. JAY SALMEN RE: Barnick Subordination Agreement Dear Pat: Attached is a draft of a subordination agreement among the city, the EDA, and Northeast State Bank. The agreement will subordinate the interests the city and the EDA have in the Barnick development to a mortgage taken by the bank. The agreement is identical in most respects to agreements we have used in similar situations elsewhere. It differs from those other agreements in only two significant respects. First, it provides that the bank can collect TIF after foreclosure, if it continues to operate the development and otherwise complies with the terms to which the Barnicks are subject. The subordination agreement offers a good deal of protection to the city and the EDA, though, and under the circumstances is not an unreasonable request on the bank's part. Second, it requires the city or EDA to provide notice to the bank if the Barnicks default under the agreement, and gives the bank the opportunity to cure the default. Perhaps the largest effect of this provision is that the city and EDA will need to ensure that the bank is notified if either entity decides to take action in the face of a breach by the Barnicks. In addition, I need confirmation from you that the certificate of completion for this project will be issued before the January 29, 1996 council meeting at which the bank would like this agreement approved. If not, I will need to make some minor changes to the wording of the document. I also need to know the date on which the contract was executed in order to fill in the blanks on the subordination agreement. Please review this draft and let me know whether it is acceptable. I apologize for the short timeframe for your review, but we did not receive this request until late last DJG99517 CL160-74 Pat Hentges January 23, 1996 Page Two week. As the Barnick's loan is contingent upon execution of the agreement, we have tried to accommodate them by putting this together as quickly as possible. ly, C. Long RCL:jes Attachment DJ~99517 CL160-74 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT made and entered into this day of , 1996, by and among the City of Columbia Heights, Minnesota, a home rule charter city and municipal corporation under the laws of Minnesota (the "City"), the Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of Minnesota, (the "Authority"), and Northeast State Bank of Minneapolis, a Minnesota corporation ("Mortgagee"). RECITALS A. The City, the Housing and Redevelopment Authority of Columbia Heights, Minnesota (the HRA), and Robert C. Barnick and Priscilla A. Barniek, d/b/a Metro Assemblies, a sole proprietership, (the "Company"), have heretofore entered into a certain Contract for Private Redevelopment dated , ~199_, (the "Contract"), relating to the development of certain real property situated in the County of Anoka, State of Minnesota. B. As defined in the Contract, the "Redevelopment Property" is legally described in Exhibit A attached hereto, (said property is also referred to as the "Premises" ). C. In order to provide funds for the acquisition of the Redevelopment Property and the construction, equipping and installation of certain improvements thereon (collectively the "Project"), the Mortgagee has agreed to make loans to the Company pursuant to that certain Promissory Note of even date herewith in the amount of Two Hundred Fifty Thousand and no/00 Dollars ($250,000) and payable to the order of the Mortgagee ("Note") . D. To secure its obligations under the Note, the Company is executing and delivering to the Mortgagee that certain Mortgage, Security Agreement, and Fixture Financing Statement, together with an Assignment of Leases and Rents, both of even date herewith, (collectively the "Mortgage"). E. The Company's development of the Premises is subject to the covenants, conditions, restrictions, and provisions of the Contract, certain provisions of which are or may be in conflict with the provisions of the Noteand Mortgage, and this Agreement is being entered into for the purpose of resolving such conflicts. F. The City and the HRA have taken all necessary action to assign and otherwise transfer to the Authority the HRA's rights and obligations under the Contract. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: The City and the Authority certify that as of the date of this Agreement no default exists under the terms of the Contract. 2. Notwithstanding the provisions of the Contract, the City and The Authority subordinate in all respects to the Noteand Mortgage, and the interest of the Mortgagee thereunder, and to the lien of the Mortgage, any and all right, title or interest the City and the Authority have or may DJG99200 CL160-74 ~ hereafter acquire in the Premises, the Project or any insurance proceeds and condemnation awards with respect thereto, and including without limitation any rights of reversion, reentry, or forfeiture of the Premises available to the City and the Authority, which are in all respects subordinate to the Mortgage and the lien created thereby notwithstanding the order of recording or any other priority requirements which may otherwise exist. 3. The City and the Authority acknowledge receipt of copies of the Mortgageand Note and acknowledge that this Subordination Agreement, the Mortgageand Note, and the loan evidenced thereby are each hereby authorized and approved under the terms of the Contract. 4. If a default or Event of Default occurs under the Noteor Mortgage, the Mortgagee will give the City and the Authority written notice thereof, and the City and the Authority shall have the right but not the obligation to cure said default or Event of Default provided said cure is performed or effected by the City or the Authority within thirty (30) days following said notice. The Mortgagee will accept any such performance or cure by the City or the Authority. Nothing contained in this paragraph shall be deemed to prevent the Mortgagee from commencing foreclosure proceedings or pursuing any other remedy it may have under the Noteor Mortgage, or otherwise, prior to the expiration of such period so long as a foreclosure sale is not held during such period. 5. If, following the occurrence of any default or Event of Default under the Noteor Mortgage, and upon the failure on the part of the City and the Authority to exercise their rights described in Paragraph 5 above to cure said default or Event of Default, the Mortgagee accepts a Deed in Lieu of Foreclosure to the Premises or the Project from the Company, the City and the Authority agree that upon the recording of such deed, all rights and interest of the City and the Authority in or to the Premises and the Project under the Contract, including, but not limited to, the City and the Authority's rights to reversion of title and reentry as provided in the Contract, shall automatically terminate and be null and void and of no further force or effect, and, at the Mortgagee's request, the City and the Authority will deliver to the Mortgagee a Quit Claim Deed covering the Premises and the Project. This paragraph, and any Quit Claim Deed given by the City and the Authority under this paragraph, is subject to the provisions of Paragraphs 7 and 8 herein. 6. If the Mortgagee exercises its rights to foreclose on the Premises or accepts a Deed in Lieu of Foreclosure to the Premises, the Mortgagee agrees that within one (1) year after expiration of the redemption period from such foreclosure, or within one (1) year from the date of acceptance of a Deed in Lieu of Foreclosure to the Premises, Mortgagee gives the City and the Authority, or such other party approved by the City and the Authority, the following right of purchase: a. If the Mortgagee and a third party purchaser enters into a Purchase Agreement for the Premises, the Mortgagee shall, within ten (10) days of the date of execution of the Purchase Agreement, mail a notice of such Purchase Agreement to the City and the Authority at their address listed in Paragraph 14 herein. DJG99200 CL160-74 2 b. The City and the Authority, or such other party approved. by the City and the Authority, shall have thirty (30) days from the date of mailing notice of the Purchase Agreement by the Mortgagee to the City and the Authority to notify the Mortgagee in writing that they are willing to match the terms of the Purchase Agreement. The City and the Au'[hority must satisfy the Mortgagee with evidence reasonably satisfactory to the Mortgagee that they have the ability to consummate the Purchase Agreement according to the same terms and conditions stated therein. c. Upon such performance by the City and the Authority, or such other party approved by the City and the Authority, the Mortgagee shall execute any and all documents necessary to sell and transfer the Premises to the City, the Authority, or such other party approved by the City and the Authority. d. If neither the City, the Authority, nor such other party approved by the City and the Authority elects to match the terms of the Purchase Agreement, this paragraph shall be null and void and no further action shall need to be taken by the Mortgagee. 7. The City and the Authority agree that under any circumstances wherein the Premises may revest in the City and the Authority, such revesting shall be expressly subject and subordinate to the provisions of the Noteand Mortgage, and the lien of the Mortgage. follows: The City and the Authority represent to the Mortgagee as a. The making, delivery and performance of this Agreement have been duly authorized by all necessary action and this Agreement, when executed, shall be the legal, valid and binding obligations of the City and the Authority, enforceable in accordance with its terms; b. The Project is permitted byand is consistent with the Redevelopment Plan (as defined in the Contract) and does, to the knowledge of the City and the Authority, comply with all applicable zoning ordinances; and c. The making, delivery and performance of the Contract have been duly authorized by the City and the Authority and are the legal, valid, and binding obligations of the City and the Authority. ll. Notwithstanding anything to the contrary contained herein, that certain Assessment Agreement among the City and the Authority and the Company dated as of (the"AssessmentAgreement"), and the rights of the City and the Authority thereunder, shall be and remain prior and superior to the Mortgage, and the Mortgagee, and any other person or entity which acquires title to the Premises as a result of a foreclosure sale or Deed in Lieu of Foreclosure shall take title to the Premises subject to the Assessment Agreement and the terms and provisions thereof. 12. The City, the Authority, and the Mortgagee acknowledge that the Mortgagee is not a party to the Contract, and that this Subordination DJG99200 CL160-74 3 Agreement contains the entire agreement among the City, the Authority, and the Mortgagee with respect to each other under the Contract, and that this Agreement may be amended only in writing signed by the parties hereto. 13. The rights given to the Mortgagee under this Agreement are in addition to the rights of the Mortgagee under the Mortgage, Note and the documents related thereto. In the event of any inconsistency between the terms of this Agreement and the terms of the Noteor Mortgage or the Contract, the terms of this Agreement shall control to the benefit of the parties thereto and their respective successors and assigns. 14. Any notices, certificates or other communications hereunder shail be sufficiently given and shall be deemed given when mailed by certified or registered mail, postage prepaid, when the proper addresses indicated below. Unless otherwise designated by the respective parties, all notices, certificates and communications to each of then shall be sent to the addresses designated below: City: City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, MN 55421 Attn: City Manager Authority: Columbia Heights Economic Development Authority 590 40th Avenue Northeast Columbia Heights, MN 55421 Attn: Executive Director Mortgagee: Northeast State Bank of Minneapolis Attn: Commercial Loan Department 77 N.E. Broadway Street Minneapolis, MN 55413 15. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns, including any subsequent holder of the Mortgage. 16. If the Mortgagee exercises its rights to foreclose on the Premises or accepts a Deed in Lieu of Foreclosure to the Premises, the Mortgagee, or its successor, assign, or transferee, shall be entitled to receive those subsequent payments of Available Tax Increment (as defined in the Repayment Agreement in the Contract) to which the Company would be entitled if such foreclosure or acceptance of a Deed in Lieu of Foreclosure had not occurred, but only if all of the following conditions are met: a. The Mortgagee, or its successor, assign, or transferee has the qualifications and financial responsibility, in the reasonable judgment of the City and the Authority, necessary and adequate to fulfill the obligations undertaken in the Contract by the Company; b. The Mortgagee, or its successor, assign, or transferee expressly assumes all of the obligations of the Company under the DJG99200 CL160-74 4 Contract and agrees to be subject to all the conditions and restrictions to which the Company is subject under the Contract; c. The Company provides written notice to the City and the Authority relinquishing all rights to subsequent payments of Available Tax Increment and requesting that such future payments be made to the Mortgagee, or the Mortgagee's successor, assign, or transferee if the Mortgagee accepts a Deed in Lieu of Foreclosure to the Premises; d. Any and all instruments and other legal documents involved in effecting the transfer of any interest in the Available Tax Increment are in a form reasonably satisfactory to the City and the Authority; and e. Such payments are permissible under all applicable law. 17. If a default or an event of default occurs under the Contract, the City or the Authority will give the Mortgagee written notice thereof, and the City and the Authority agree that they shall not exercise any of their rights or remedies under the Contract so long as the Mortgagee is diligently attempting, in good faith, to perform or secure the Company's obligations under the Contract. However, the Mortgagee shall have the right, but not the obligation, to cure said default or event of default, provided the cure is performed or effected by the Mortgagee within sixty (60) days following said notice. DJG99200 CL160-74 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the day and year first above written. CITY OF COLUMBIA HEIGHTS, MINNESOTA COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: By: Its By: Its Its:'' STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by the and the __ of the City of Columbia Heights, Minnesota, a Home Rule Charter City of the State of Minnesota, on behalf of the City, by the and the__ of the Columbia Heights Economic Development Authority, a public body corporate and politic of the State of Minnesota, on behalf of the Authority. Notary Public DJG99200 CL160-74 6 NORTHEAST STATE BANK OF MINNEAPOLIS By: Michael Collins, Its Vice President STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of , 1996, by the Vice President of Northeast State Bank of Minneapolis, a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public This Instrument Was Drafted By: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, Minnesota 55402 612-337-9300 DJG99200 CL160-74 7 EXHIBIT A PROPERTY LEGAL DESCRIPTION All of Lots 29, 30 and 31, except the west 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, together with the north half of the vacated alley lying adjacent thereto, together with: The west 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, together with the north half of the vacated alley lying adjacent thereto. DJG99200 CL160-74 8 CITY OF COLUMBIA HEIGHTS Meeting of: February 12, 1996 AGENDA SECTION: Consent ~ ORIGINATING DEPT.: CITY MANAGER~ NO: Community Development AP PR~OV~/) ITEM: Establish Public Hearing Date BY: Tina Goodro BY: ~ .~~. Staff has received agreement with the owner 4613-15 Pierce Street N.E. and 4619-21 Pierce Street N.E. to purchase each duplex for $70,000. Funding for one duplex will be obtained from 1995 CDBG funds. In order to do this monies from two 1995 CDBG accounts need to reallocated. The 1995 Neighborhood Revitalization account has been designated for purchase of properties, however this account only has $23,201.20 left. The Columbia Heights Rehabilitation account has $95,761.00 remaining and I am proposing to transfer $70,000 from this account into the Neighborhood Revitalization account to cover the expense of the purchase of one duplex. The other duplex will be paid for with HOME funding dollars. It should be noted that in the 1996 CDBG application we are requesting and should receive close to $90,000 for the Rehabilitation account and when those funds are available in July staff in the Community Development Department will be able get that allocation out to the community through the CDBG loan program. In order to transfer funds from one CDBG account to another a public hearing must be held; with formal request for the transfer made to the County after the hearing. RECOMMENDED MOTION: Move to establish March 11, 1996 at approximately 7:15 p.m. as the date and time for the public hearing in regards to the request to transfer CDBG funding accounts. COUNCIL ACTION: ~bt\council.for ~T~) CITY COUNCIL FEBRUARY 12, 1996 *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSP. Il II II II II II II II II II II II II II II II II II II II II II II II 1996 BUSINESS LICENSE AGENDA CO NTRACTORS LICENSED AT *Century Plumbing *City Plumbing Co. Delson Plumbing Ebert Plumbing~ *Bill' Fignar Plumbing *Griggs Contracting *Doug L~nden, Inc. Lindman Plumbing *O'Brien Sheet Metal *Plumm, INc.. Quality Air, Inc. *Tims Quality plumbing *Vera Construct}on 444 Maple St. 4550 Central Ave. 1308 N.E. 42½ Ave. 7613 Bacon Dr. 2844 Johnson St.' 530 Shoreview'Pk. Rd. 5747 S.E. 57th St. 12000 - 53rd Ave. N. 144 Glenwood Ave. 5526 Malibu Dr. 7907 N.E. 5th St. 10650 Cty. Rd. 81 2616 Victory Dr. FEES $ 40.00 40.00 40.00 40.00 4O.OO 40.0O 40.00 40.00 4o.oo 4O.OO 4O.OO 4o.oo 4o.oo SAFETY & HEALTH, FIRE & BLDg. 'GROCERY' SALES M ~d-Amer ica Enterta ~nment 5220 Central Avenue 50.00 POLICE DEPT. 'TEMPORARY.' CL~dB'' ON: SALE .' LIQUOR * [mmacu l ate- Concept Ton Church James [~. Rummel 530 Mill Street March 16, 1996 REQUEST FEE BE WAIVED POLICE DEPT. ' "TAX ?CAB DR I'¥ER *W'?I 1 ~am Thomas-' McCoy '3]35 Johnson St. N.E. 20.00 The Church of the Immaculate Conception Janua~ 17,1996 TO: COLUMBIA HEIGHTS CITY COUNCIL I respectively request that all application and license fees be waived by the Columbia Heights City Council, as this is a church sponsored, non-profit event to raise funds for the Immaculate Conception Church Ministries. Application is being made to Anoka County to obtain and fulfill the County licensing requirements. Thank you for your consideration, James H. Rummel Business Administrator 4030Jackson Street Northeast, Columbia Heights, Minnesota 55421-2929 ((~'1 '2.) 788-90b~ TO: FROM: SUBJECT: DATE: PATRICK HENTGES, CITY MANAGER LOWEIJ~ DEMARS RENTAL HOUSING LICENSES FEBRUARY 12, 1996 THE OWNERS OF THE FOLLOWING RENTAL PROPERTIES HAVE COMPLIED WITH THE RE-LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS HOUSING MAINTENANCE CODE. I AM REQUESTING THAT THEY BE PLACED ON THE NEXT COUNCIL AGENDA FOR APPROVAL: ANDERSON, ROLAN BOYUM, CLIFFORD BOYUM, CLIFFORD CARON, RICHARD COL. HTS. HRA EFTERFIELD, STEVEN ELMQUIST, ARNOLD ELMQUIST, ARNOLD ELMQUIST, ARNOLD FISCHBACH, %rICK/ HOIUM, VERNON JONES, DOUGLAS KNOTr, DALE LANGLEY, ELIZABETH McCALLA, DOLORES MIKRE, SAMUEL MIKRE, SAMUEL THOR, MARVIN 1400 CIRCLE TERR 4855'57 5TH STREET 4028-30 CLEVELAND 1020 40TH AVE 965 40TH AVE 1100-02 39TH AVE 4911 UNIVERSITY 4927 UNIVERSITY 4935 UNIVERSITY 4212 WASHINGTON 5025 UNIVERSITY 5100 6TH STREET · 1045 PETERS PL 3833 RESERVOIR 1026 40TH AVE 3709 JACKSON 3855 JACKSON 1035 PETERS PL 2/96-- 1/97 1/96-- 12/96 1/96-- 12/96 2/96-- 1/97 2/96-- 1/97 PREVIOS REV 2/96-- 1/97 2/96-- 1/97 2/96-- 1/97 1/96-- 12/96 2/96-- 1/97 2/96-- 1/97 2/96-- 1/97 10/95 -- 4/96 2/96-- 1/97 2/96-- 1/97 2/96-- 1/97 1/96-- 1/97 BRC' F:'i NANC I Al... SYE:;TE?~ 02/09/96 ()~B: ',?.:2 ~: 1 ',.'2 ! 01 201 202 203 2 ~L 2 ?. :.':':; C, :2. 4 () 405 4~L2 415 6 () t 6 '::) 2 609 :201 ? 10 '72 () 880 ::} ~:::L'!, COMML-'.NI'I"Y !)EVI~::L. OF:'MiENT F:'UN!) :..~:,~..~!'.,~..~ ., .,~. ~-,t , CDB(3 F:'AF;,' KV I iii]:,! V ! L.L.A N[]I:;,'TH F:':'-"::F;,:KV iliiZ! V!!...L.A.::_,' ' ',III' C :':':':](']':!... ]E 'i" E L. IE V I' S-' I 0 ?'-I F:' A F;..' A 'T' F;.'.:'-":: N :ii; .'!: '¥' F;.gZNT?'~L. H(3LIS ! !'-]~3 L. I BRAF;:¥ S"FA'T'E A ]1] i) CON.'.'!.r'FRU[2'T ! ON i) C~-',:.J 1'.i T' [){.',: N C'AP l'T¥.'d... ! MF:"-'-GEN Ge)VT ,: BL.DG CAF:' ! T'AL. ! ?iF:?;X3VE?iEi".iT F:'AF;,'KS CAF' I TAL. I MF:'F;.'.OVE!ZiiENT - F:'i.:;-' CAF:' !EQL.~]~F:' F;-'.iEF:'L. AC:E"--(3tii]'.;iEF;.'.AL. C:'::'d::' EQU]~i::' ~','" ':,': ..~,.:: .""' '::'I '~,',.. , ..... ~,,:...';,, CAF:' ECrU Z !::' F;.'.iEF:'LZ:'~C:ii!>"WATEF;,' W~':':'FI'iEi::,' UT i L. ! TY Siii;WiEi:;~ i. jT' Z i... Z T'Y I... i Q U 0 i:;.~ Ei]".!IE F:.:. G Y !)ATA F:'R(Z:::iES'E;t F:'EF;-:.M i T S U R CF:A F;X:'.'.'E C 0 ?'t'T' Fh ]~ i'.": U"i" Iii: L':' T N S i,.~ F;.'. ;.':,.. N E~i; C'R 0 F:'L.IEX BENEF:':!:T 'T'F;-:UST F:'UN'0 "" ........... "'"' :!: I:;,' !i!: ~ O~....!. L.!., I [:~:[:)i".l"l" II. 73 :, 622 ,, 36 32,280 ,, 48 4 :, 525 ,, 55 6 :, 4 ! 2 ,, 06 ..'.'-!.~.~i~ 4 ,, 53 2. :, 976 ,, 88 940 ,, ';;"3 4 .,, :.'..?.42 ,, 50 4 ,, 070 ,, :I. -'.'.".'~ 3 :, 969 ,, 78 ,'-"-M:, :, :!. 29:, 7;;.": :I. :, ::~'."'.77.94 250 ,, 6:1. 18 ,, 2. 6 598 ,, 24 64 :, 025 ,, :.'..':'~E~ 5 :, 482 ,, 5 :, 4:iii:2 ,, 09 , . ,':..~"::'c; c;.0 ~..-'j.,;:.:. !~ ;....., y . · . 67.,, 477 ,, 64 2,:'.'::,4 :, 040 ,, 47 7 :, O:;:M',. 'q.":'i- 3 :, 33".:':' ,, 06 3 :i. 9 ,, 200 ,, 00 50 .,, 266 ,, 18 2. 50 :, 104 ,, 19 7 :, 92:1. ,, 55 47,732 ,, 00 :!..:, 0:i. 2,043 ,, :1.8 i) i ~i;B L.!i:;:S!ii;:;'lii!;l',lTS 02/09/96 08: 2 Check History 2/i2/96 COUNC]~I... L. tST CITY OF' COLUMBIA HIEIC')HTS Gt...540R---.V04, :.'~0 F'AGE; I BAN K VENDC)R Ct--IEC K NUMBiEF;~ AMOLJN]" BAI'*! !,( Ct.-!EC K :!: NG ACCC)UNT AB;..E H(:Y..i;!!i; & F;4[..IBBER II',IC Ah',CI--K]R F:'APIEF;: A!'-IOKA r ....., ,.,'"- ,.,t..l,..,lt,~ '¢ 'f L.. :[ BF;:AF;,'Y Ah'J.]!c,r-":; CC.'UI'..i'f'Y l"K]'f'OI;,' VEH ;[ C BAfi;.:N]:C;:K ~.): I',IE STA]"IE BANK/ BE]...I...]L::OY BP-~R SUF'I:t.Y B!Et...L. BOY C: CI F;,',r':' 0 F;: A T ]~ 0 hl Cr.]C'.A-CC, I...A BCYf'Ti... Z NC-) M I DWIE :OCR FL.AI--~E:F;,'TY ' S i.-',AI.".'F:'Y T F:'RITZ COMPANY IIq.C.': C.)iEI'-H.J I hlli!; F:'AF:'.'TS/NAF:'A AtJ GF::E;AT W:~i:S"i" t...];F:'IE & AN'.'.tU].'T E;F;..':[ f.;GS.-..C:OC)F:'E;F~: & CO t..IASSAN SAND & C.)F;,'AVE]... :i: C];';A F::ET ]:!:;..'EFIE!'.IT 'T'F;,'US'f' 45 ,.'TOI.-!N.'.:i;C)N .T.:RC)S ,, !... I QL.IOR C,'.':) ,, ,.]'O!-',N SO N/'f'HOMA S id L E: W :!: E; / t4:1: M M l I',;NE'.:.i;C)'TA ?';LYT'tJP, I... !.. ;[ F:'iE M :t: i',i :,',lli;: S,'.']"I" A S A F:' ii;; 'T Y C 0 U N.'.'] ;!; i... ;"i Z N ","' !E F;.:-(.,; ;i?; :[ S ;'": A I:! MS-: .~!;TA"I"iE i:;-.'Z;"~" ]: N S F:' i::'A?i (;):1;I... ]:NC: F:'AF~TS F:'L. US F:'iEF:'S ]; -C:C)L.A'"'7 I. Ji::' F:'ETTY C..ASH .... KAF;:.EI"-t MC)i!!;LL. I::'HZL.I...];F:':E; I,'.]]:NE; & SF']:F;..'TS F:'R ]; C)F;: W .T F:'F;,"L.t:OE NT :1: AL. I... ]; F:'E Q U P, l... T. T Y W T. I"-~1!.'". ' & S t::' :I: F;,' :[ T S S"I'-ANDARD :I:I"ISlJF;:AhICF; C;C)?;F:'A S T A F;,' 'f'i'~'. I B U N lie < ..... , ..... ,.,-- / .... ,:, f UR..~;,'.V¢ ,., t, ~.f(.J.:~ .I I I 'f';~YI...C)R 'f'ELEF'I--iC.,I'-iE SYS'f'LEMS t..j S U S WE.~i;'r COMMLJNT. CAT:[C~NS WE;ST WELD WIL.L];AMS STEEl... & HARDb,!AF;: ACCAF' B EF;,'G F:'F;~ 0 F:' El:;.' T I E; S F:' .6.'- A F;: h fiE! 7 /k A t:,~ R ii{: N C Ii{: t"::~::'h'¢ ./r',;"¢-,p"..¢ D 6. ~, I'":ARY i--[ A F;.' F;.' I S./JA Y O C.'.' TB L.. A I) / I ) L',,' ]: (3 i"{ T 57162 .1.7.1.. 77 57'1.63 486 ,, 67 57164 .1.76 ,, 25 57'1.65 57,00 57.1. 66 25 .,, 000 ,, 00 57167 72,, 66 57.1.68 3,255.55 57169 i ,434,,95 · "'~ .4.1. 57170 ,c. ~ ,, 57;1:7.t. 7 :!.'.'? ,, ~ 5 57:1.72 23:1. ,, 96 57.1.7;':; 49.41 57174 7,0() ~:~, 84 57 .1. 75 6 .,, 968 ,, 80 57 :!. ;.;'6 I :, 27:;(!:;, 4 ',::', 57 .1. 77 8 :, 828 ,, 88 57 ;!. 7~i.~ 9,528,35 57:L 79 14 ,, 98 57180 :f. 75.00 57 :t. 8 .1. 7 ! .1.., 50 57182 :t. 45.00 57.1. 83 842 ,, 70 57 .1. 84 .1. :, 2~:.~6 .. 50 57:1.85 .1.0 :, 903 ,, 40 ::- .... -; ,.', .,a 7 89 57.1.87 72.40 ,:-.. ",o 947 .., 7.1. 6,:~ ,, , 57189 55,38 57:1. 9() 2,771 ,, 64 57 :!. 9.1. 55 ,, :.:.;4 57:1.92 :1.6.10 57:1. 93 994 ,, 34 57:1.94 .1.7,44 57;!.95 .1.:.':;, :1.4 57.1.96 .1.2;'2.6:[ 57197 225 ,, 00 57:1.98 .1. :, 709 ,, 68 57199 2 .,, 842,94 57200 8'"'}, 91 ../,,:.~..,.~. 2.9 :L6 57203 577 ,, 00 57204 432 ,, 00 57205 4t7.00 57206 256.00 57207 485.0,.') 57208 5 :t. :L ,, 00 57209 479.00 B R C F' T. h! A N C '[ A L. S Y E;'I' E M 02/09/96 08: i':: C: h e c 1.-.'. I'-I i s .I... o r y E"/'i ?/96 COUi'IC'.'.I~I_ I...Z[~:~ ..... I C :['T'Y C)F:' COL. LJMB :[A l":F'"::l: GHTS GL. 5.qOR--"VO4.30 F'Ar.3 E 2 B A N I< VE] N D 0 !:~: C!--I£'~]C 1< hlLJMBE]F;: AM.SY. JN'T' BAI'-II< CHEX:; 1< :[I:!G AC..CC)I. Ji'--IT K C} E')'/"E R / t< lii: N :'-t E!: T H I... 0 Iii: W E 1'-i T H A I... / t( U I=< T MAAHS HANAC':iF:MF:NT R E: !< I,.j E; K :[ / J O I"1 Iq T O I,',lhlH C;,'.J S E>-'A F:'T I~IA NAC:;E]"Ei:NT A T & T CC)I,I,SUFitii]~ F'F~CtDI.JCT' AAFL'F:' )?,AF::NA C'.~L!ZY & E;'HEF:'F:'L'T.N L..TD BE:I...I...BOY BAR ..c.";LJF:'F:'L.Y E',EiL..L..E~OY Cf.:)FL'F'OF;,'AT' ]: C:N :E':!ii: F;..'{::] F CI]:;:.'()T '"'k d,..,'"/ ",, .~. C :[ TY (3F: L',OL.L~MB !)E:C:C)b~S I< :[ /K A'I"HL. li~SE:N F:'I:~'. :['i"Z C'OI~[F:'ANY ('4F:' .,~! 'J' I,,.::. ." , ...... ."- ,ix~,' r .... ' ..... ~ :.:~r., ~c:,z , ,.-tr A ALJTC~ (3 C) 0 D F;: [:) A D / T ]: h'. A C-.iFL' I C-.u::.;S-.'.CCK:)F:'E:FL' & C:O }"i E: 1'-{ 'T' G E:,~i; /F:' A'i" F:,' :[ C H !!il R l'i':iii: F;:'T' / J 0 >'IN ]~ N,SYT'Y F'I:;,' ]~ NTS JOHNSC)N BFL'O.'.:i~ .. l... I EX.J:'::)F;: CC) .. ;"{ .. A AS'SCiC ]i ATF::S {'iEiT> ii: C ]: !',lEi L.A I<tii: TOLJR';.i:; PiEi'I"RC)F'CB...]i'I'¥:'.IY bJAS'i"E: C:C)NTIR t'{ ]i N!',IEiE;O'¥A DA ii: L..Y/THE M]:N?.iE:~SO'¥A DARE: OF:'F:':I:CE:F;:S l"i ]i N-f'!ii: R- bJ i~i: ]: Si;!"iA N MN DE:F:'AF<T~"iENT C)F' F<E:VEI"iUI!i: N Ei; F:' f'.:(:Yl:;.:"f'l"'4E]:;~N ,<!~AN :[']'~{~Y S{..JPPI...Y lq Y B Iii: C: l< / FK:) N I C A NYE;CA F:'ARTS F:'L. LJE; F:'ALJST :IS &. F:'E:TTY C:A,SH - JAN]:CEr. HC::GH F'H]:LL]:F:'S WINE: & F:'O'..:.'~TAC')E: BY PHONE SYSTE:M I='R ]:OR WThlE QLJAL.]:-f'Y WINE: & SF'IR]:TS ,SHAF:'E:F~/TEESS ,C!~TA R 'i" R I ):':: U N!:": V :1: C I</ANIqA A{',IOKA (i::OI. JNTY E~OE,~]:AL. ):.)liiXi,~i<E{:< CL~{.Jh{]"Y C}"{]:I...D SUF'P {::' ~{i R S'f' C O ?[ ?{ U N ]: T Y' C }:;:{:.::~[) ]~ 3' U C~{:;~EAT WE'.ST' I.. . ]: F:' E: 8: At'-ihILJ]:T I'-{EY>d...'i"H I::'A {:;,' T N F]:;~ E:~ 57210 450.00 572:1. :L 454 ,, 00 57212 408.00 57213 634.00 57214 349.00 572.T 5 47.82 57216 240 .. O0 57217 36,257 .. 45 57218 149 ,, 65 57219 ]. 0 ,, 474 .. 80 57220 97 ,, 20 57221. 9~':~6 ,. 00 57222 9.75 57223 956.35 57224 96 .. 10 57225 16., 40 57226 3 .~ 596., 65 57::Tt27 37.21 57228 14.3:1, 57229 :L 08. 57230 3 .':':', 72 :.:.~ :{. 40 ........ .,~. 1 :, 3C, 9,00 57233 66 .,, 247 ,, 00 57234 141.36 5723; 5 525.00 57236 5 :, 680 ,, 34 57237 2 :, 774 ,, 00 57238 3,730 ,, 87 57239 245.9:L 57240 13.50 57241 J. 80 ,, 00 . 7~:.4,:. 113 60 57243 64 ,. 90 57244 54 ,, 06 57245 11,270,,20 57246 2 .., 752.06 57247 486., 62 57248 3:':l 9 . 46 57249 26 ,, 00 57250 14.60 5725 ]. 26.00 57253 583 ,, 00 57254 i 58 ,. 57 .... ' .- I ,943.88 57256 6 :, 016 .. 34 57:~/: 57 BRC FIh:At',:CZAI.. SYSTEM 02/09/96 08 :~ 2 CheCl< History 2/:L 2/96 CC)UI'~IC :1: L.. I... :!: S'¥' C:[:'T'Y OF: COL. UI"IBIA HIE:I:GHTS GL. 540R-'V04,, ~:;0 PAGE: B A I,~ I{ V Ii!: hl D CI .:'4: CFIE:C~ K IqUI~[BE:i:~ AMOUNT BAI".I K C'HI!i:C K :1: NG ACCOUI'.I"f' ICMA RtE'TII:~:E:t;iENT -FRt. JST 45 Mli':.'D :l: CA CI-IO Z CE: M :t: C KE:l...,t:~Oiq, TR:US'['E:I:::/J J M :[ Iqtql..T. SC)'TA MLYTUAI... L. ZFIE MN ,~3-1"A'I"E: Riii:T:I:F~:F.i:ME:I"-tT SYS'F NCJF::THIEAST S'TA'f'E: [~At,IK I,IC)RWE:ST BANK --- PAYF:,'OL.L. A F:'tEF:,'A F:'iE!:;~'A - I):EF:' I b12:I) CON'¥F:,'I BI..J'I- F:'ER!A .... F:' ]: RIE I:;:!EI_ :I: tEF' !::'!Et:(AF'OL. :!: [:::E: RE:I... I El::' COI'--ISO F'I...;'BL.. Z C MAI,IA(:-;IEi:;,'S ASSOC ]: AT STATE: CAPITOL.. £::F~:E:Dlff' LJhtI I..,.'N :I: 01~I .1.2:1.6 L.iN :1: C'lhl 320 UN :i: ]"E:D ~4AY Mhl ][)E:PAFL'.TME:i~iT OF:' F~:E:Vii!:hlLJ!E A~ '~ ~']" -. ,..L," ...t., F:'AF:'IER A hi:() Ii: F::S C'Ii~I / JIE A N F' Blii:L.I...)30Y ):~AI:~ '.-BL/F'F'I...Y Biii:L.L..BOY C 0 ;L:F' C.'-F~:A T I::X::C..ur,[):.?. ! A FIE: Z GH"['S DELI-ZGAF;:.D 'f'(3CL. CO, (:-;li!:i~l!J :i: I-,l~ii: t::'AF:T S/NAF'A AU]"O (3l':~ :t: G(.:.d3---.(~(:)C)F:'Ii!:F:~ & CO l.-h:¥S'~i!;Ah] SAN.O & Gr-~AViEL. i-.~C]F~A/L. AIRA J,'.':)HhlSO?,I BF~OS., I... I QUOR' CO. K R A U S-AI,t][)IEF(S C) N I_Iii:HMANhl I::' A f-!,' M S iq :1: NNESOTA 'IdL',I...T I HOUS :1: FIG M :1: !,: '[' Ii: R - I,,j :.'i: ]: S M A N PII,~At::'A NC)RTH ME:i',[OF;,' :1: At_ Mi-"-:I) I (.:Al... C F~[]F:,"THE:IRN ,STA*TE:S F'ARI< SUF'F:'L.Y INC I::'ART~ F'L. US F'ALISTIS & SONS F'I!."F~:A - F'ZF:,'E IRliEI...IEI i::'E:RA F:'OL. I CF.E REI... F:'E:TTY CASH .... (3AF;'.Y DF;'.AATIE i::'tii:"['"['Y CASFt -" ,.-fOAlqhl[ii: BA I<iii: F'Hil..L..'I:F:'S WZtqI'Z e~. F'R I Of;,' W:I: hiE: [:%]AI...:[TY W:I:NIE 8: SF':I:I~:]:TS S A ]: t',l'f' !"iA [;,' Y S L.I N ]: V iii: R S :1: ff' Y 57258 8 .. 102.43 57259 21., 329 ,, 4:t. 57260 350.00 57261 624 ,, 00 57262 1, .1, .1. 1.50 57263 40,065.72 57264 .1. 20,709.19 57265 20:, 518,18 57266 94.62 :~---,,~ ~ --~ ~. / .... ~x 389,. 57268 .1., 551.45 57269 50 ,. 00 .... · - ~. x~. .1. ;, ,,:.4 .... 00 5727 :L 80 ,, O0 · ., 7~:. 7~:. 947 ,, 00 57273 62., 00 572.74 446 ,, 00 57276 ,'::.!-.1. 9 ,, 62 .. / ,,:. / 7 8.00 57278 207 ,, 70 57279' 9 :, :.'¢52.77 57280 ;I., 928.00 572~!') I 4 .,, :.301.53 57282 69 ,. 40 572~]:':'; .1. 58.59 57284 9 :, 030 ,, 26 57285 4, ~:;59 ,, 22 572,86 .1. 12 ,, 50 57287 I, :1.48.43 57288 8 :, '988 ,, 75 57289 235.74. 57290 :[75 ,, 00 57291 3,288.07 57292 20 ,, 00 57293 35. O0 572':'?4 (.~, :[48..1.7 57295 15,,67:; 57296 224 ,, 80 57"297 324.94 572':?8 26 ,,, 680 ,, 00 57299 2:1., 052 ,, 00 57300 40 ,, 77 57:2;0.1. c2.1. ,, 33 57302 2 .,, :1.0 :I.. 62 57303 3,456.09 57304 4.1.3 ,, :1.3 57305 745.00 Bt.'((] F I NA."-[C.'I: At... SYS?'fT-".Zt 02/09/96 08: 2 Chec;k I--Ii s't. ory L .I. ~;~ ]' 2/:l 2./~J~6 COI. Jl'IC ]:L "' .... C,'l'f'Y OF' COI_UI'IBZA HE:ZGH"I"':~ GL ',":',40F:,'""V04. ~30 PAGE 4 CFIE:CK I"1U!~[:E~ [-.". i~ AF~OUN"I" B AN K C'I..IIEC 1,1.:.'1: I,I(:'} AC'COUI,I'T STAR TRIBLJI,IE: A T&'T WZIRE-LE:SS ACE: AI...E:XZS AI. JD:I:C) 8: VZDE-.O AME:R :1: [::AN ]['3 :[ I,tD2:RY A-h:OKA C[]I. JNTY F'F:,'C]F:'IEI:::TY BAL. DW :I:N .SLIF:'F'LY [:AT(.';() F'ART$ ,SE:F:~V]:CIE CIENTI'~AL S'TOR[F.S tE:I"IAS I<A CH:i~M I'CAL. CZTY C"F COL.UM]DZA HFZZGI4TS t:.;:l:'f'Y WIlDE WINDOW SE.'RVICE C(3CA-COI_A BO'f'TL lNG M]:DWI.T. COI...UM][.;{ZA HEIGHTS CHAMBER D C HEY CO!"iF'ANY' 57306 392.53 57307 45.52 57308 27.09 57309 309 .. O0 573.1. :1. .1.75.9:1. 573.1.2 :1. :L ,, 4'.'2' 57;..3 .1. 3.'; 190. O0 57~'~ :1. 4 2;'.';6.54 573:1. 5 44 ,, 00' 57 ;'J.1. 6 .1.87., 98 573:1. 7 .1.. 25 573.1.8 ;1.2,219,00 573:1.9 434.99 S 7:.'~20 130 ,, O0 %....:,~,~. ,. 7,.. ~..1. 12.8.24 57322 ;.'.";28 ,, :1. 9 57323 4,525.55 57;.~24 598 ,, 24 57325 .1.50.00 57:326 2:1. Il 30 .., 2,..,,.:. 7 3:1.4.67 57:::~28 ;.".';2.38 5732';? .1. 4 .,, 047.80 5733-~0 29..69 5733:1. 75:1.. 50 57;332 39:1. ,, 56 57333 47.29 57334 2,350., 97 ,. 7,.. ,.: ,., 7,7,: .... 1. ~1. 573~36 6,559,83 57337 1:1. ,98:£. 85 57338 20 ,, 3.1. 57339 .1. 7,04 57340 9 ,, 53 57341 .1.7.";2.,06 ',57342 55 .. 00 57343 24.50 57344 .1., 265 .. 68 573;45 100.00 573.;46 1,277 .. 94 57347 2,55:1.. 73 57348 238 .. 9 .'t. 57349 116.07 57.'.':;50 7 .. 46 ,. 7,.., ,..I. 242,49 57352 T:;2'7.8.1. 57353 1,6:1.2.07 BRC F ! h'~A~K.~;I AL SYSTEM 02/C'9/96 08 :~ 2 C;heck His'l:o r'y 2/:[2/96 COUI,IC:i:I... I... :[ ,'-!;'¥ C.T.'f'Y OF' COL. UMB ]:A 1.41E:[GHTS GL. 5402;,'-V04.30 I::'¢'.lO.'iF:Z 5 B A ~',I t< VIE N D 0 R BAN K CHIEC K ]; hi[;'; ACCOUI'.I'T I),. ',....,0 DE]:'IENf.)ABL. E COUF(;I:E:I:;: OF MN D ]: SCO.'..JN"I" STE:I'ZL. I NC DI:',.:];VEWAY DES.'[(:-.~N IN(] EARL I::' ANI)EF4SE:N .IhlE) Iii; R I C K S 0 N / G E 0 R G.E I::'tEI)EF;:AL. I,,JARN ]:t',IG SYS"f'iEMS F :[ i:;."IE t-.: 0 U,S I:..': I::'L. EY.: COM!::'i::'N(:: AT T ON, Z I',tC': t::'(:::C US F'(:)'.UhlDAT ]: Ohl CIENTIER/TI--IE I::T;:iii:EL. AI'4CIi; TR A N S M .'[ S.':B ]; 0 hi S GA!',~ZIEI:;.: D 1' ST. I hi(::: ,, G AYi.J:]I.~D B R f..').. E~ (;-;ii...iDI)2!;N CO?;i::'AhlY/THE (:')OF'i.-~E:!~ STATE (:)l*',!-]:----f.:;r~l...l... :1:t'.! GRAF']:X SHOF'i::'E · G!:;:EATIEI:~ ANO KA CI'-ITY. I~:i..]MAI'.I i'-~ & l.. I-.IANCIE COFiF:"AN];ES ?-~li!; ]: f'"~H"f'S ELECTR ]; C ]; NE: ;'-!iii; ]: GI-.t'¥ S---.I'.;C~R'¥'t-';E A S'f' t:JELD ;[ N I.-K:)E:F'"f'/¢ ]: F; i'-K:;L.. ]: DAY STAT :[ C'N J-.I(:)FIE: VAL. t..I I-",USE'T I-"'AF.'K NE :[ :l: I'-~:OLJS'I"R :1: AL. F'L. OOR MA :1: i,I"f'E:N ]:NTE:F;;I-IATZOhlAL. C'.RY:ii;TAL ]:"f'L. F'ATCH CO?IF'ANY :1: ~'.¥ B J.,';:.LHi-ISOBI i::' :I:I:;,'ST A :[ D JUST]:(:;li: PLAMI':I:I:NG & MGMT K M AI:~'I" KAL. :1: I',!A, W l L LS .,, WOODS :, G :1: SVO Klii:Y,%'f'Oh',E AU"I"OMOT ]: Viii: ]: KOI)AK/EASTMAN I<I..JE-f'HE]:;: D]:S'¥'. CO,, I... A (]~ E:I:;.: Q LJ .'[ S'T' C 0 I:;.: P. I...E:E;F' L. ORENZ BUS ,SERV:[CIE ;[NC. MACKEi: LAUNDRY s.r.-~;RVICE: MAt:;,'K VI: l DIS'i' ,, Miii]'.iAF;,'D,~i.) CASi--I~;.JAY ME'T'RO CH ]: E:I:." I:-" .T. RE: OF'F' ]: [:;EI-~ M]:DWES"I" :BL. JE;]:I'4EE;S PROI)UCT M :[ I"I Al:;: t'I ]: fin F:'AC · ., 7,.., ,., 4 1.1. 9., 45 57555 :LO., :LO 57356 14.70 57357 43 :, 778 ,, 75 57358 3;92.45 57359 50.00 57360 7 :, 424.28 5736 .1. 24 ,, 97 57362 395 ,, 00 57;~:~65 :1. :, 874,64 57364 297., 00 57365 605.00 57366. .;."q~= .,, 2,":%2 ,, 05 57;'.';67 246,, 3.1. 57368 279 ,, 56 57369 22.75 57370 878.63 5757:1. 548 ,, 00 57;:;72 504 ,, 8:i. 57:."]73 56 ,, 78 57374 481..1. 6 57375 4-5 ,, C,O 57376 .1. 68 ,, 26 57;:;77 ! :1. ,, .1.9 57378 84 .1. ,, 23'; 57379 .1.9 ,, 22 5738C' .1. 55.35 5738:1. 69 ,, 45 57382 803 ,, 25 57583 79 ,, 85 57384 107.28 57385 50 ,, 00 57386 139 ,, 80 57387 .1..'[2 ,, 50 57388 .1..1. 9. :1~ 0 57389 700 ,, 00 57390 87,485.58 57391 547 ,. 04 57392 ~.~17 . 61 57393 .1. 25 ,. 00 . 57394 160.00 57395 25 :, 974 ,, 60 57396 553.27 57397 60.00 57398 294 ,, 22 57599 .1.73. :[0 57400 25.00 BRC F:']:NARC]:A!... .SYSTEM 02/09/96 ()E~: 2: Check History 2/:L 2/96 COLJIqC,~IL.. LIST C :['f'Y OF: CC).I...LJMB ]: A HIE :l: GI--I"I",S I:-.iL. 540R-V04,30 PAGE: 6 B A N K V E: N I) C'l BAN K C'.I"E:C K :[ I'IG ACCOIJI,I'/" [;HE:C K NLJI"~B!EF~,: M :1: NNE:AF'OI_ :[ S F: I I,IANCE: I)E:P"f' i*I:I:NI'IE:APOI_:I:S SAW CO. l:'i ]: I' l!"l E: G A S C O l*i I NI'II:ZE}OTA BI=-.AF~ I NG COl'll::Alq M]:Nhlr-:E;C)'I"A COACH2:S M I NNI.E'-::3OTA I... :I: E':F,:AF(Y ASSOC. t'i I NNE:SCYTA F:'OL. I CE RECF~:tJ.'I: T M]:NI'q!:SOTA I.j(:; F:'I..;ND !'q!,iC::H:i:E:F:'S OF' F:'OL. IC:E: AS.SC1 F'!N CC)MH F:'AG:I:NG !*iN I)IEF:'T OF' F:'UB!... ]: C:: SAF:'E:TY i"'iN DE:F:'T OF:' REVli:NLJlK MN :O!V CJF:' E:r'IE:F;~C.;E:NCY MAN,.4~ FIN STATE: 'FI:;~E:A:i3 E:U :[ L D .I: !'-! (3 F'iL J h i ]: E: :t: ...-F:'A f... I',I S F:' !'-I ,. A .. I), A. AF:'F'RA]:SAL. GLJ]: DiE h!iET WOI=~ K ,E~E]:~V :[ CFZ.C.i; CC~MF:'ANY !',!O!:;,'TH E;'I"AF~.'. ]: (:::iii: N 0 R TI--llii:A S'flE R ,.::.., ,, A ]: R I',:C)F;,*]"HE]-::.N A ]: F;:GAS I,! (::,' J:;,' T H E: !:;.: hl I,;CIF¥!"HE:F:,'N SAN ]: TAF;:Y SUF:'F:'LY C} M :.,I I T F:,' A I< L.. E: A R N ]: N (3 C E:lq l Iii: R I:'AI~I 0 ]:L.. F:'A!:;.:I-.': ,SLIi::q::'i..Y ]: NC:: l='r::'~l:;,' KV :I: E:W V 'l: L..L.A I:;.fl.ZS :f: DF-':lq'l" F:' ]: C) N E: E: FR R]:H & W!.-II!i:L=::L. CO. F:' L U N X !E T'l" ' E-; :, :l: l'-i C F:'OL i't" ]: CAL. RE:SE:Ar.~C:H 'l: NC F:'C)WE:F~ ]{..'~l:~Al.(li.=. & F::QUZF'?iF.:NT QI.J A L.E:/RA NDA!...I.. I'-I F~A]O ]:0 SHACK F,:iEG]:ONAL. HUTUAL AII) A.E;SC~ RE::I: N K[-:: L. JI-.I(3L.E:.SAL. E SLJPPL. Y RIEL.. I ABL. E: OF:'F:'.'I: (:;Iii: SUF'PL.Y F;.'.L=.':I-iTAL. F..:E:,C~ti:AF.:CH SERV I ICF:S I:~l!i:Y.: I) ]: E!;]"F;~ 'I: I.:~LJT ]: NE(i CO F;.: Cll,t :[ C K F~UGCi; ' S REI[:;OMME:I,II)AT.T ONS E;AF=E:(BALSF..:D BUS.I:I-IE:SS ,SYE.¥FI.E SAF:'E:TY KL.E:E:N COF;~F:' EXZ.i]:NDL.E]-~ EL.E:VATOF~ CIDF~:I=' SHE:FL'W ]: I-.1 W :[ L..I_ :[ AMS ,E;]:C.;N I...ANC;LJAGL=::/J]:M!:~iY L. GO 57401 57402 57403 57404 57405 57406 57407 57408 57409 57410 57411 5741.2 574:1.4 5741 5 574:L6 574.1.8 I,::.74.1. 9 5'7,q-20 ,. 7,.-~ ,::..L 5'7422. 57424 57425 57426 57427 574£8 .., 74 ~.-. ;~ 57430 57431 574212 57433 57434 57435 57436 ~, 74o 7 5742~8 574E~9 57440 57441 57442 57443 57444 57445 57446 57447 46,765 ,, 90 6 ~".'; ,, 36 76.63 66. :LC) c %,,,'.,, ..... ; ,, O0 3:L4. O0 I .,, 30~. 61 18. :t I ' 158., 96 630.00 50.00 ]. 10 ,, O0 :3 :L 9 Il :L 2 10 ,, 00 23,,67 50 ,, 00 266.62'. """ 40 2 :L ,, 00 255.00 60.00 80.77 222.16 129 .. 00 306. :L 7 .1.35. B8 82.49 63 ,, 9:1. 555 ,, 00 98.17 2;2.09 23,, 71 10. O0 44 ,, 09 61.10 45 ,. O0 20,85:1.. 40 .l ,071 ,, ;':; ;;I. 20 ,, <;>5 ::'..;.'37., 18 171., 20 260 ,, 00 240.00 :!.06 ,, 45 10 ,, 9 t BRC I"-'ZNAb'iCIA!_ SYST!EM 02/0~?/96 08: 2 C he c: k'. H :i. s'l: o ry 2/12/96 C, OLJNC Z I... I... Z SI" CZ'T'Y OF:' COL. UMBZA C:; L. ~:,,.'10 F~:""'v'O 4.30 PAGE: 7 B A bi K V E N D 0 R CHF.:[C !< N LJ M B I.:.': I-',: AMOLJN'T BAN I< I[];I..IIEi]C; I< Z I'-IG ACCOUI'.I"I" S?:Z TI-.I/BC)B STATE SLJF'F'I...Y CO ,c:;"l"l:~:E::[ CI.'IE:I:( GUN ' S :1: Iq?.:;/DOlq ~3UZ-d. JIRB~N TAXZ CC)I~:F'ORATT. O SUNI.:.:UR,C3T CI-.IE:M I C~I...S ,S!,.;F:'lii:l~ :!: (:)IR I:rOIRD ]:I,IC,. SUF~F't...I.J,~ii: O.":'ERAT I CINS SY~3'i"E:MS SI. JF:'F'I._Y :l:lqC ,, "f' A :E.: C': O 'T!ii:I...EI-""t.-;C)NE AlY~!.~WEIR]:NC') C]!EI'-IT '¥'i.-!!E: [ii:"[' F'A'JL. TIB L..I... CC'.I'iF'~N Y "I"C~i,,,P,] & C:C.'r-:.JN'T'F:,'Y OF:'F'ICIE Cl... '¥'WZN CZTY ZIqDUS'TF;~ZAI... MOT U ~ l, gE:,~i~"l'' CE]...I...UI_AR l..j S l,,,~l~.-.~i;'f' i. Jbl]!] F:'[:)i::.:i"LS~ 'f'O YOU l. Jl'.! :I: F."[:)F:..'I%~ tJNL.. :1: I"t ]: 'T'F::D ]: NC V A I.,[---. [:)-.--L. I 'T Iii: VC).!i;S i_. ]: GHT ]: big W L'..,' C-;F:,'AZt'-IC'.'i!'ZF~ t:,"AC:;I!i:F~ ' S ]:NC ,, WA".r E:R F:' F:~'O [e Iii: ~3"t" b,t I:-': [...).') W ]: I...I.. ]: A!'q I"',A"i"T:BON CC)NS"I"IRL.IC I,,,?,F;.'.DF:'[.:::F:~F:'F_":I3~T F:'UBL. :I:,S-H :1:N(3 C' Z :!: 1~:(3!...IiEF( ]: 57448 85.38 57449 .1. 52.. 31. 57450 33.,c3 ,, 44 57452 :1 't 8.38 57453 56,601.00 57454 .1.05.00 57455 4~'S~-~. 44 57457 90 ,, 00 57458 480 ,, 12. 57459 41 ,, 4.'1. 57460 3 :, 040 ,, 58 5746.1. :t. 36 ,, 79 5746[3 .1. 60 ,, 57464 2-'.0.00 .57466 83.2.3 57467 442.19 57469 t :1. 6., 79 57470 28.1. ,, 53 57472 4,0,.')2.29 5747:3 24., 00 57474 588 ,, 28 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Petcrson ~ER~$: Robert W. Ruettimann City Manager Patrick Hentges VALUES FIRST PROCLAMATION FEBRUARY 1996 - CITIZENSHIP Citizens of Southern Anoka County, including the residents of Columbia Heights, have worked together and picked seven core values they consider to be essential; and Each of the seven core'values is being emphasized over a seven month period; and During the month of February, the~ core value of Citizenship is being highlighted; and Citizenship is defined as caring about myself, my neighbor and my community; and WHEREAS: One example of practicing the value of Citizenship is active participation in community events and civic affairs; and Contributing to the community through sharing personal talents and skills in voluntary activities also is an example of Cit/zenshfp. NOW, THEREFORE, I, hereby proclaim February as CITIZENSHIP VALUES MONTH in the City of Columbia Heights and encourage residents to practice this value in their daily lives. Mayor Joseph Sturdevant February 1996 'SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of February ,12, 1996 AGENDA SECTION: PUBL I C HEAR! N~S ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~. ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars 4f~ BY: Rental License Revocation Lynde Investment Propem_'es DATE: Feb 8, 1996 DATE: .-t t3 At the January 8, 1996 City Council meeting, the Public Hearings for eight rental buildings licensed by Lynde Investments were continued to the February 12, 1996 meeting. The addresses involved are: 4120 4th Street NE 4433 University Avenue NE 4425 University Avenue NE ~?.~. 1 University Avenue NE 4707 University Avenue NE 4715 University Avenue NE 4100 4th Street NE 4060 4th Street NE The purpose in continuing the hearings was to allow time for the legal counsel for license-holder to review the City's Housing Maintenance Code and to provide an oppommity for reinspection of subject properties. Additionally, there is a hearing scheduled for February 12, 1996 on revocation of licenses on four more buildings licensed by Lynde Investments. Attached are listings of the violations of the Code for each of the above referenced addresses. Copies of the individual tenant notices were included in the January 8 agenda packets and are not included here to save reproduction costs. Although phone conversations have taken place between Fire Department personnel and either Mr. Roman of Lynde Investments or their legal counsel, no arrangements have been made to reinspect these buildings. To the best of our knowledge, none of the outstanding violations have been corrected since the January 8, 1996 City Council meeting. In a phone conversation with Acting City Manager, Mr. Roman stated that replacement of all unit doors in these buildings represents a large expense and would take time. The Acting City Manager' suggested that he propose a reasonable schedule to correct the outstanding violations; that perhaps the City Council would agree to this solution. As of the writing of this item, no proposal has been submitted. As the outstanding violations at the above listed locations have not been corrected, it is recommended that the Resolutions for Revocation for these licenses be approved. crrY co~cYL ] ~'I'I'ER ITEM: Rental License Revocation Lynde Investment Properties -2- RECOMMENDED MOTION: Move to wmve the reading of Resolution No. 96-07, there being ample copaes available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-07, 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 Lynde Investments Regarding Rental Property at 4120 4th Street NE. RECOMMENDED MOTION: Move to wmve the reading of Resolution No. 96-08, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-08, 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 Lynde Investments Regarding Rental Property at 4433 University Avenue NE. RECOMMENDED MOTION: Move to wmve the reading of Resolution No. 96-09, there being copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-09, Resolution of the City Council City of Columbia Heights Appromng Revocation Pursuant to Ordinance Code Section 5A.408(1) Rental License held by Lynde Investments Regarding Rental Property at 4425 University Avenue ample of the of the NE. RECOMMENDED MOTION: Move to waave the reading of Resolution No. 9640, there being ample cop~es available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-10, 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 Lynde Investments Regarding Rental Property at 4441 University Avenue NE. RECOMMENDED MOTION: Move to wmve the reading of Resolution No. 96-11, there being ample copxes available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-11, 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 Lynde Investments Regarding Rental Property at 4707 University Avenue NE. RECOMMENDED MOTION: Move to wmve the reading of Resolution No. 96-12, there being ample cop~es available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-12, 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 Lynde Investments Regarding Rental Property at 4715 University Avenue NE. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96-13, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-13, 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 Lynde Investments Regarding Rental Property at 4100 4th Street NE. CITY COUNCIL LETYER ITEM: Rental License Revocation Lynde Investment Properties -3- RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96-14, there being ample copies available m the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-14, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant m Ordinance Code Section 5A.408(1) of the Rental License held by Lynde Investments Regarding Rental Property at 4060 4th Street NE. 96-39 COUNCIL ACTION: TO: MARK WINSON, ACTING CITY MANAGER FROM: LOWELL DEMARS, ASST. FIRE CHIEF SUB JECT: LYNDE IN-VESTMENTS REVOCATION HEARING DATE: FEBRUARY 8, 1996 INSPECTORS MATTHEW FIELD AND GARY GORMAN MET WITH MR. ROZMAN THIS MORNING AT 0900 HOURS TO DO A FINAL RE-INSPECTION OF ALL 12 BUILDINGS AS REQUIRED BY COUNCIL ACTION DATED JANUARY 22, 1996. MR. ROZMAN Had3 ONLY SCHEDULED THREE BUILDINGS LOCATED AT 5121, 5131 AND 5141 UNIVERSITY AVENUE. DURING THE INSPECTION OF THESE THREE BUILDINGS THE INSPECTORS ASKED MR. ROZMAN IF HE INTENDED TO FINALIZE THE NINE (9) BUILDINGS THAT WERE INVOLVED IN THE REVOCATION HE)d~ING DATED JANUARY 22, 1996. MR. ROZM_adXl REFUSED TO ALLOW THE FINAL INSPECTION OF THESE UNITS. (SEE REPORT OF INSPECTOR MATTHEW FIELD). IT IS ASSUMED THAT NO FURTHER WORK HAS BEEN DONE ON THESE NINE (9) BUILDINGS AND THAT ALL VIOLATIONS REMAIN UNCORRECTED. SHOULD I BE OF FURTHER SERVICE, PLEASE CALL ME. RESOLUTION 96-07 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). V~5tEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 4TH 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 DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AN3)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, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4120 4TH 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 4120 4TH STREET 'is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. 'l'hat all relevant parties and parties in interest have been dul. v served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license 'held by License Bolder. 'lhat 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. -1 he rental license belongin~ to the License Holder described herein and identified bvlicensenumber F-1006-95 is hereby revoked/suspended {cross out onel' 2. 'I'he 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 da), of postin~ of this Order revoking the license as held 6v L. icen~e 14olde r. PASSED 'I-HIS _ DAY OF , lq M( )'l'l( )x; BY' $t'~'()\l) B'~' Roi I (.M.L \'O-I'E: AYES: NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STt;DENT CITY CO1.;N('IL SE('RET.&RY JOSEPH STURDE VANT .¥LA Y OR RESOLUTION 96- 08 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY AVE., 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 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES _&ND 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 SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4433 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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(I) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4433 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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 bv license number F-1149-95 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 6t~ days from the first day of posting of this Order revoking the license as held I~y l..icen se Holder. PASSED THIS DAY OF . 1~ MO l'l(.),~ B~' Rt I.L (ALI X'OTE: AYES: NAYS: AT1 ES-I" CITY (IF COLUMBIA HEIGH~I'S, MINNESOTA ,lO-ANNE S'FL1DEN'I' ("I']'Y £OUN('II_ SE(_'RE-IA_RY J OS E. PH S TURDEVANT MA'I'OR RESOLUTION 96- 09 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4425 UNIVERSITYAVE., 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 PROPOS ED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, ANT} 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 SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4425 UNIVERSITY 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 LYNDE INVESTMENTS. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licen sing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 4425 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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 bv license number F-1148-95 is hereby revoked/suspended (cross out onel' 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 kicense Holder: 3. All tenants shall remove themselves from the premises within 60 days from the first day of postin~ of this Order re¥okin~ the license as held by License l.l~}lde r. PASSED THIS DAY OF . 1.9 MOl'ION BY: S F,('OKD BY: ROLL CALL VOTE: AYES: NAY S: ATTEST: CiTY OF COLUMBIA IdEIGH'I S, MiNNESOiJA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 96- 10 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION SA. 408 (1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOC, ATED AT 4441 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOP, THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, A~ND 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 SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4441 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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(l)(d). CONCLUSIONS OF coUNCIL 1. That the building located at 4441 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly serx, ed 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, haYe 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-1150-95 is hereby re¥oked/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 Holde r; 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 tSv 1;icen se Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 96- 11 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4707 UNIVERSITY AVE., 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 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. .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 That on SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4707 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 4707 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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 l. The rental license belonging to the License Holder described herein and identified by license number F-1222-95 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' ATTEST: CITY OF COLUMBIA HEIGHTS, MINqXlESOTA J O-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT IvE~YOR RESOLUTION 96- 12 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY .LOCATED AT 4715 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, A_ND 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 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. 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 SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4715 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 I. That the building located at 4715 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1223-95 is hereby revoked/suspended (cross out one}; 2. The Citv 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 l~v Licen se Holder. PASSED THIS DAY OF , 19 MO'I'ION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 96- 12 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OV~qER OF THE REAL PROPERTY LOCATED AT 4715 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND ~IEREAS, 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 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. 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 SEPTEMBER 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4715 UNIVERSITY 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 LYlqDE INVESTMENTS. 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 (FAILUR~ TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 4715 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1223-95 is hereby revoked/suspended tcross out one}; 2. The City shall post for the. purpose of preventing occupancy acc, py of this order on the buildings covered by the license, held by License Holder' 3. All tenants shall remove themselves from the prem/ses within 60 days ir~m the first day of posting of this Order revoking the license as held License Holder. PASSED THIS DAY OF MO'rlON BY: S [:,("(}ND BY' ROLL CALL VO'IE: AY ES' NAYS' A'I TEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT £'I TY COUNCIL SECRE'I-ARY JOSEPH STURDEVANT .k"L~YOR RESOLUTION 96-13 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS AP PROVING REVOCATION PURSUANT TO ORDINANCE CODE S ECTI ON SA. 408 (1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4100 4TH 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 DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. 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, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4100 4TH 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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(l)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4100 4TH STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice, of this hearing, and anv other hearings relevant to the revocation or suspension of the license ]aeld 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 I. The rental license belonging to the License Holder described herein and identified bv license number F-1005-95 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 , l.C~ MO'I'I ON BY: SECOND BY: ROLL ('ALL VOTE: AYES: NAY S: ATTEST' CITY OF COLUMBIA HEIGHTS, MINNESOTA J O-ANNE STL1DENT C'ITY COUNCIL SECRETARY J OS EPH S TURDEV,4~NT MAYOR RESOLUTION 96- 14 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4060 4TH 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 DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW', THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINA2qCES 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, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property' and incidental buildings located thereon at 4060 4TH 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 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 4060 4TH STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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 ttolder. 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 her,ein and identified bv license number F-1004-95 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 00 days from the first day of posting of' this Order revoking the license as held by license Holder. PASSED THIS DAY OF . 1r) Mtfl ION BY' St-( (}ND BY: RO1;L CA[..I. VOTE: AYES: NAYS: ,4]'TES"[': CI'IW OF COLUMBIA HEIGHTS, MINNESOTA · 10-.&NNE STUDENT ('ITY COUNCIL J OS E PH S TURDE VANT iVLA'fOR CITY COUNCIL LETTER Meeting of February 12~ 1996 AGENDA SECTION: PUBLI C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER [~,.~ Fire APPROVAL NO: ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars ~ BY: Rental License Revocation NO: 6. ~./) DATE: Feb 8, 1996 DATE: Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Lgnde Investments regarding rental property at 5121 University Avenue NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96- 21 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 21 , Resolution of the City Council of the City of Colnmbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A,408(1) of the Rental License held by Lynde Investments Regarding Rental Property at 5121 University Avenue NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investment Regarding Rental Property at 5121 University Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-41 COUNCIL ACTION: Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Columbia Heights Fire Department Supplemental Inspection Report by Matthew Field, Fire Inspector Lynde Investment properties On February 8, 1996, Gary Gorman and I met with Mr. Rozman at 0900 hours to reinspect his apartment buildings. This report is a summary of our findings. 5121 University Avenue NE Upon entering the building, I asked if the tenants had been notified of our inspection today and Mr. Roman stated it was not his responsibility to notify tenants, it was the Fire Department's. Mr. Rozman was combative and argumentative about most of the violations. We found the following items not completed: 1) The bathroom ceiling/wall in Unit #101 was damaged by water and needs to be repaired and painted. (Picture gl) 2) The storage locker, #201, was unsecured with a mattress stored inside. (Picture #2) 3) The apartment entry doors have not been changed to solid core doors with closures. 4) The old water heater was still stored in the boiler room. 5) We were unable to enter Apartment #103 to check the leaky faucets in the bathroom and kitchen. 6) We were unable to enter Apartment #104 to check the smoke detector. 5131 University Avenue NE 1) The entry doors on the apartment units were not done. 2) The bathroom ceiling/walls in Unit #2 still damaged and in need of repair/paint. (Picture #3) 3) The tenant in Unit gl unplugged his smoke detector. (Picture g4) 4) In Unk gl, the bathroom ceiling/wails need to be repaired and painted. We also noted that Unit g4 Was very hot and it appeared that the thermostat on the heat valve was stuck and needs to be repaired. 5141 University Avenue NE The reinspection of this building found ail items completed, except the entry doors that need to be solid core with closures. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER Supplemental Inspection Report Lynde Investment properties Page two Upon completion of the these three buildings, I asked Mr. Roman if we could reinspect the rest of the buildings. Mr. Roman refused to allow us to reinspect any other buildings. I explained to Mr. Roman that the City Council expected all the buildings to be inspected prior to the February 12 meeting. Mr. Roman became very combative and said he didn't have any work orders on the other buildings. He refused to use my work orders. After the inspection refusal, I told Mr. Roman that I would be happy to make more copies of the correction orders to the University Avenue and the Fourth Street buildings. Mr. Roman followed me back to the f'u'e station and we made him copies. The copies were printed and I went through all the correction orders with him to make sure he could read each one and understood each item. Mr. Roman didn't ask to have any of the copies reprinted. 1V[F:cf 96-44 RESOLUTION 96-21 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 LYNDE INVESTMENTS, (I-IEREINAFI~R "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5121 UNIVERSITY AVE., 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 JANUARY 22, 1996 OF A PUBLIC HEARING TO BE IqFJD ON FEBRUARY 12, 1996. 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 SEPTEMBER 21, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings lOCated thereon at 5121 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES) 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 5121 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1224-95 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 f'u'st 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: ATYEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR 30140 CITY OF COLUMBIA ItEIGHTS Fire Department $~ Mill Street NE Columbia Heights, MN 55421 782-283~ . LICENSE FEE $ 61.00 BUILDING OWNER(I): NAME: ADDRESS: CITY/ST/ZIP: LYNDE INVESTMENT - ROBERT SHAPIRO 9801 OAK RIDGE TRAIL OR .MINNETONKA, MN. $$308: DRIVERS LICENSE #: DATE OF BIRTH:12/2$/I$ HOME TELEPHONE: 933-5303 WORK TELEPHONE: 933-$303 BLrILDING OWNER(2): NAME: BENNIE ROZMAN ADDRESS: 3435 OAKTON DRIVE CITY/ST/ZIP: MINNETONKA, MN. $$305 DATE OF BIRTH: OR DRIVERS LICENSE #: 4112/24 ' HOME TELEPHONE: 938-6757 NAME OF VENDOR/CONTRACT FOR DEED: WORK TELEPHONE: 938-6757 NO X NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: CERTIFIED LETTERS FOR COMPLIANCE ORDERS OR CORRESPONDENCE MUST BE SENT TO: NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: LYNDE INVESTMENT CO. 9801 OAK RIDGE TRAIL MINNETONKA, MN. 55305 BUILDING MANAGER/CARETAKER: YES NO NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: CITY COUNCIL LETTER Meeting of February 12, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~ , ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars ~,0~, BY; Rental License Revocation NO: ~_ . ~ ~). DATE: FebS. 1996 DATE: Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested again:st Lgnde Investments regarding rental property at 5131 University Avenue NE for failure to meet the requirements of the Housing Maintenance Codes. P~,COMMENDED MOTION: Move to waive the reading of Resolution No. 96- 22 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 22 , 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 Lynde Investments Reg~ding Rental Property at 5131 University Avenue NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investment Regarding Rental Property at 5131 University Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-42 COUNCIL ACTION: 30141 PROPERTY ADDRESS: 5131 UNIVERSITY AVENUE NE. LICENSING PERIOD: October 1, 199~ thru September 31, 1996 LIC~2~ISE YEE $ 61.00 BUILDING OWNER(I): NAME: ADDRESS: CITY/ST/ZIP: LYNDE INVESTMENT - ROBERT SHAPIRO 9801 OAK RIDGE TRAIL OR MINNETONKA, MN. 55308 DRIVERS LICENSE #: HOME TELEPHONE: 933-5303 WORK TELEPHONE: DATE OF BIRTH:12/25/15 933-5303 BUILDING OWN-ER(2): NAME: ADDRESS: CITY/ST/ZIP: BENNIE ROZMAN 3435 OAKTON DRIVE MINNETONKA, MN. 55305 DATE OF BIRTH: OR DRIVERS LICENSE #: HOME TELEPHONE: 938-6757 WORK TELEPHONE: 938-6757 NAME OF VENDOR/CONTRACT FOR DEED: YES NO ~X NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: · CERTIFIED LETTERS FOR COMPLIANCE ORDERS OR CORRESPONDENCE MUST BE SENT TO: NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: LYNDE INVESTMENT CO~ 9801 'OAK RIDGE TRAIL MINNETONKA, MN. 55305 BUILDING MANAGER/CARETAKER: YES NO NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: CITY COUNCIL LETTER Meeting of February 12, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars Jtq~ BY: Rental License Revocation NO: 6- C. ~ ) DATE: Feb 8, 1996 DATE: Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Lynde Investments regarding rental property at 5141 University Avenue NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96- 23 , there being ample copies available m the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 23., 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 Lynde Investments Regarding Rental Property at 5141 University Avenue NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investment Regarding Rental Property at 5141 University Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-43 COUNC~ ACTION: RESOLUTION 96~22 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 I-PaleD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5131 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECrION 5.104(1)(A), WRrrTEN NOTICE SETIING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 22, 1996 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 12, 1996. NOW, THEREFORE, IN ACCORDANCE wrrH 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 SEPTEMBER 21, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 5131 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO COI~A1ECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES) 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 5131 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1225-95 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 revolting the license as held by License Holder. PASSED THIS DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEV~T MAYOR RESOLUTION 96-23 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 I-IRI~D BY LYNDE INVESTMENTS, (i-tEREINAFrER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5141 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT.TO coLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITrEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANIJARY 22, 1996 OF A PUBLIC HEARING TO BE I-IFJJD ON FEBRUARY 12, 1996. 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 SEPTEMBER 21, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 5141 UNIVERSITY 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 LYNDE INVESTMENTS. 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 (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES) 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heath3, g according m the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5141 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1226-95 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: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR 30142 CITY OF COLUMBIA HEIGHTS Fire Depa~iment $$$ Mill Street NE Columbia Heights, MN $5421 782-2835 PROPERTY ADDRESS: $141 UNIVERSITY AVENUE NE. LICENSING PERIOD: October 1, 1995 thru September 31, 1996 LICENSE FEE $ 61.00 ~F~L WPI~/ BUILDING OWNER(l): NAME: LYNDE INVESTMENT - ROBERT SHAPIRO ADDRESS: 9801 OAK RIDGE TRAIL O_.~R CITY/ST/ZIP: . MINNETONKA, MN. $5308 DRIVERS LICENSE #: HOME TELEPHONE: 933-5303 WORK TELEPHONE: DATE OF BIRTH:12/2$/1S 933-$303 BUILDING OWNER(2): NAME: BENNIE ROZMAN ADDRESS: 3435 OAKTON DRIVE CITY/ST/ZIP: MINNETONKA, MN.. $5305 DATE OF BIRTH: OR DRIVERS LICENSE #: HOME TELEPHONE: 938-6757 WORK TELEPHONE: 938-6757 NAME OF VENDOR/CONTRACT FOR DEED: NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: YES NO ._..~_X · CERTIFIED LETrERS FOR COMPLIANCE ORDERS OR CORRESPONDENCE MUST BE SENT TO: NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: LYNDE INVESTMENT CO. 9801 OAK RIDGE TRAIL · MINNETONKA, MN. $5305 · BUILDING MANAGER/CARETAKER: YES __ NO NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: CITy COUNCIL LETTER Meeting of February 12, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: · ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars ~ BY: Rental License Revocation NO: 6, C ~) DATE: Feb 8, 1996 DATE: Revocation of the license m operate a rental unit(s) within the City of Columbia Heights is requesmd against .Lgnde Invesm~ents regarding rental property at 4050 4th Street N.E. for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 96- 24, there being anaple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- 2/4., 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 Lynde Investments Regarding Rental Property at 4050 4th Street N.E.' ALTERNATE MOTION: Move to Close the Public Hearing Regarding, the Revocation or Suspension of the Rental License Held by Lynde Investment Regarding Rental Property at 4050 4th Street N.E.in That the Provisions of the .Housing Maintenance Code Have Been Complied With. 96-40 COUNCIL ACTION: RESOLUTION 96-24 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 I-1FJ~D BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4050 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE sETrING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 22, 1996 OF A PUBLIC HEARING TO BE HElD ON FEBRUARY 12, 1996. 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 SEPTEMBER 21, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4050 4TH STREET, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on ftc for the above-described real property by LYNDE INVESTMENTS. 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 (FAILURE TO SUBMIT $50.00 IN RE-INSPECTION FEES) 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 4050 4TH STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 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-1003-95 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 ~om 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: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR 30018 CITY OF COLUMBIA HEIGHTS Fire Depar~ent $S5 Mill Street NE Columbia Heights, MN' 55421 782-2835 PROPERTY' ADDRESS: 4050 4TH STREET NE. LICENSING PERIOD: July 1, 1995 thru ~lune 30, 1996 LICENSE FEE $ 61.00 BUILDING OWNER(l): NAME: ADDRESS: CITY/ST/ZIP: LYNDE INVESTMENT - ROBERT SHAPIRO 9801 OAK RIDGE TRAIL ' OR · MINNETONKA, MN. 55308 DRIVERS LICENSE #: HOME TELEPHONE: 933-5303 WORK TELEPHONE: DATE.OF BIRTH:12/25/15 933-5303 BUILDING OWNER(2): NAME: ADDRESS: CITY/ST/ZIP: BENNIE ROZMAN 3435 OAKTON DRIVE MINNETONKA, MN. 55305 DATE OF BIRTH: OR DRIVERS LICENSE-#: HOME TELEPHONE: 938-6757 WORK TELEPHONE: 938-6757 NAME OF VENDOR/CONTRACT FOR DEED: NAME: ADDRESS: CITY/ST/ZIP: TELEPHONE: YES NO ~ CERTIFIED LE~S FOR COMPLIANCE ORDERS OR CORRESPONDENCE MUST BE SENT TO: NAME: ADDRESS: CITY/ST/ZIP: TELF. PHONE: LYNDE INVESTMENT CO. 9801 OAK RIDGE TRAIL MINNETONKA, MN. 55305 BUILDING MANAGER/CARETAKER: YSS "/, CITY COUNCIL LETTER Meeting of : FEBRUARY 12, lgg6 PUBLIC HEARINGS AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER' S APPROVAL ITEM: REQUEST TO VACATE ALLEY BY: MARK WINSON BY: NO: . ' DATE: FEBRUARY 1, 1996 This is to complete an earlier vacation of an east-west alley in Block 54 of Columbia Heights Annex to Minneapolis. The triangle portion of the platted alley which is adjacent to Lot 20, should be vacated so that this land can be used for the intended approved parking. The Public Works Department has looked at the alley and has no objection to it being vacated. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish February 26, 1996 at approximately 7:00 p.m. as the second reading of Ordinance No. 1315 , an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating a Certain Alley Easement. COUNCIL ACTION: l~g~l\Jmne.g\alyvac&t, l~r ORDINANCE NO. 1315 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: That portion of the alley adjacent to Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 60 feet south, of the Northeast. corner of said Lot 20, a distance of 10 feet south, thence at right angle west for a distance of 10 feet, thence northeasterly to the point of beginning and there terminating, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2; Section 3: This above described vacated portion of the alley will be added to the adjacent portion of Lot 20. This Ordinance shall be in full force and effect from and after thirty {30) days after its passage. First Reading: . Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayo~ lmgml\alytetva.o~d ~ I OF ~0£ UMB I~ HKIGHT$ Hone,/well k.L_. $. HIGHWAy ;CITY COUNCIL .LETTER Meeting of : FEBRUARY ]1'2, 1996 PUBLIC HEARINGS AGENDA SECTION: ~ ORIGINATING DEPT.: CITY MANAGER NO: CITY MANAGERJS. II.EM: REQUEST TO VACATE STREET BY: MARK WINSON BY: NO: ~ :DATE: FEBRUARY 1, 1996 The City of Columbia Heights has been asked to vacate the unopened portion of California street located .between 38th Avenue N,E. and 39th Avenue N,E. The property located at 811 38th Avenue N,E, is currently vacant and the business interested in purchasing the property will need the adjacent vacatedporti~n of the street for parking of Company Trucks. The Public Works Director:.has no objection to the street being vacated. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move ~oestablish February 26, 1996at approximately 7:00 :p.m. as the second ~eadi'ng of Ordinance No. 1316 , an Ordinance Amending Ordinance No. 853 City Code.of 1977, Vacating a Certain Street. COUNCIL ACTIO.N: ORDINANCE NO. 1316 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: That portion of California Street adjacent to the East line of Lots 1 thru 15, Block 79, Columbia Heights Annex to Minneapolis, and adjacent to the West line of Lots 15 thru 30, Block 100, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the sixty (60) feet vacated street right-of- way will be added to the above described lots that are adjacent to said street. Section 3: This Ordinance shall be in full force and effect from and after thirty {30) days after its passage. First Reading: Second Reading: Date of Passage:.. Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor CITY COUNCIL LETTER MEETING OF: FEBRUARY 12~ 1996 AGENDA SECTION: ITEMS FOR CONS I DERAT I ON ORIGINATING DEPT.: CITY MANAGER NO.: --7 0kher Bust ness FINANCE APPROVAL ITEM: TAX INCREMENT ADMINISTRATION BY: WILLI .A~ ELRITE EXPENSE NO.: "'7-C' /) DATE: 1/23/96 Attached is an invoice from Anoka County for $11,097.00. This is the County's administration charge for administering the tax increment financing laws of Minnesota as it relates to the tax increment districts in Columbia Heights. By State statute, the County is allowed to charge the cities these expenses. This is the fifth year the County has charged this type of expense back to the ciries. The law that gives the County the authority to pass these expenses on to the dries does not make it optional on the dries part. in essence, the City of Columbia Heights is required to pay these expenses. The following is a summary of the charges for the past five years: 1991 $ 8.87 $352.74 $ 9,835.40 1992 8.92 339.25 9,813.45 1993 10.28 403.98 11,384.98 1994 10.97 429.44 11,691.10 1995 9.06 352.75 11,097.00 RECOMMENDED MOTION: Move to authorize payment of $11,097.00 for administering the 1995 tax increment financing laws of Minnesota, with expenses being charged to the T1 Debt Service Fund as an administrative expense. WE:dh 9601231 Attachment COUNCIL ACTION: COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Treska, Division Manager GOVERNMENT CENTER · 2100-3RD AVENUE ° ANOKA, MN 55303 Mr. Bill Elrite Finance Director City of Columbia Heights 590 40th Avenue N.E. Columbia HeightS, MN 55421 Dear Mr. Elrite: Pursuant to M.S. 469.176. Subd 4h, I am herewith certifying your city's total expenses incurred by Anoka County in administering the Tax Increment Financing Laws of Minnesota. The expenses for Columbia Heights are $11,097.00. Please refer to the attached invoice for the breakdown of your charges. These expenses represent the recordkeeping and administrative functions preformed by county, staff as prescribed -by M.S. 469.174 - M.S. 469.179. Please remit this amount by February 12, 1996. If you have any questions please contact me at 323-5438. Manager, Property Tax Support Services NEW DISTRICTS M8 DECERTIFIED DISTRICTS: INVOICE CITY OF COLUMBIA HEIGHTS CALENDER YEAR 1995 TAX INCREMENT ADMINISTRATIVE COSTS COSTS ADDITIONAL RATE ADDITIONAL HOURS COSTS 8600.00 o $o.oo $o.oo $o.oo o 80.00 $o.oo 80.00 o 80.00 $o.oo NONE .$0.00 TOTAL TOTAL $600.00 80.00 $o.oo $600.00 $0.00 $o.oo DISTRICT MAINTENANCE: MAINTENANCE COSTS ARE $ 9.06 PER PARCEL AND $352.75 PER DISTRICT DISTRICT NO. OF PARCEL DISTRICT TOTAL ID. NO. PARCELS COSTS COSTS COSTS A3 534 $4838.04 $352.75 $5190.79 C7 5 $45.30 $352.75 $398.05 C8 261 $2364.66 $352.75 $2717.41' · H2 66 $597.96 $352.75 $950.71 K2 5 $45.30 $352.75 $398.05 M8 54 $489.24 $352.75 $841.99 TOTAL ~OUNT DUE TOTAL $10497.00 $!1097~00 PLEASE MAKE CHECK PAYABLE TO ANOKA COUNTY PLEASE REMIT BY FEBRUARY 12, 1996 CITY COUNCIL LETTER Meeting of: February 12, 1996 AGENDA SECTION: ~TE~S FOR CONSlDERA~,ION ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL NO: 7 Other Bus'i'ness' CITY MANAGER'S ITE~: MEDTRONIC, INC. PLL/MBING/MECHANICAL BY: M. WINSON ~ BY: ' PLAN REVIEW AND INSPECTION AGREEMENT DATE:. 2-7-96 DATE: No: '7. Recently, the Council approved an agreement with Code Advocate for plan review and inspection of the building portion of Medtronic project. The City is in need of contracting with a mechanical plumbing inspector for those portions of the building. Staff has met with Mel Collova of Collova Services in regard to providing these services, and an agreement has been prepared. The terms of the agreement are similar to those made with Code Advocate. The cost of services will be paid for out of funds received for permits and plan review fees associated with the project. RECOMMENDED MOTION: Move to authorize the Mayor and Acting City Manager to enter into a Plumbing/Mechanical Plan review and inspection agreement with Collova Services in conjunction with the Medtronic expansion. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: February 12, 1996 AGENDA SECTION: I~M$-FOR CON~iDERATION ORIGINATING DEPT.: CITY MANAGER NO: ~ Qther BU~|~ne~s Community Development,j~_~APPROVAL ITEM: MHFA FIRST TIME HOMEBUYER BY: Tina Goodroa~_ BY:~] MINNESOTApRoGRAM (MCPp)CITY PARTICIPATION,7. C ~ ~ DATE: February 9, 1996 The City of Columbia Heights has been invited by the Minnesota Housing Finance Agency (MHFA) to participate in the 1996/97 Minnesota City Participation Program (MCPP) first time homebuyer program. Since starting to participate in this yearly program in 1991, 91 loans have been completed for a total of $6,241,379. These loans with reduced interest rates are enabling 91 low to moderate income first time homebuyers to purchase homes in Columbia Heights In prior years, under the MHFA MCPP, HRA's and/or cities could apply for a specific allocation amount for providing loans at reduced interest rates (1 to 1 1/2% below market mortgage interest rates). The 1996 program is expected to have $43.75 million available for the program, however, the allocation rules have changed. This year's allocation will be based on a per capita allocation. This is roughly estimated at $34.00 per resident X 18,910 residents (1990 census) = $642,940. This would be sufficient for approximately 9 loans. However, this will depend upon the number of cities that apply and what their total population base is. MEFA is asking cities to either specify a dollar allocation request or indicate a request for the "maximum allowable." Last year we received $392,847. This year we will be requesting $2,000,000 or the maximum allowable to show intent and ability to use more funds then allocated last year. I am hoping to receive funding very close to last years amount. People in the community also have the opportunity to access money through the statewide pool after the 1st six months of the program for the remaining term of the project. Information about the program and a copy of the proposed application are enclosed for your review. The City will furnish the necessary $400 processing fee and the necessary 1% proposal deposit which will be refunded upon sale of bonds for the program. The processing fee is $20.00 for every $100,000 of the MCPP funds allocated for the City. RECOMMENDED MOTION: Move to grant approval (concurrence) for the City to apply for an allocation of maximum allowable fromthe Minnesota Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if successful in securing an allocation, to provide the necessary City involvement in the program. COUNCIL ACTION: bt\council.for MINNESOTA HOUSING FINANCE AGENCY 1996 MINNESOTA CITY PARTICIPATION PROGRAM APPLICATION FOR FUNDING Columbia Heights, Minnesota Prepared by: Economic Development Authority of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 February 1996 Minnesota Housing Finance Agency 1995 Minnesota city Participation Program APPLICATION FOR FUNDING I. ELIGIBLE ORGANIZATION A. Economic Development Authority of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, Minnesota 55421 B. Tina Goodroad, Zoning/Grants Administrator - 782-2856 C. See A. above. II. ORIGINATING LENDER Lenders will include all of the lenders included in the Minnesota Mortgage Program list (option A). Please also see the attached letter from one lender that has participated with -us for several years (Appendix A). III. HOUSING PLAN The city of Columbia Heights is a first-ring suburb located just north of Minneapolis. It is bordered by the cities of Minneapolis (south), Fridley (north and west), and St. Anthony and New Brighton (east). The city encompasses approximately 3.7 square miles and has a population of 18,910. (Source: 1990 U.S. Census) The city is characterized by its predominance of housing. The table below provides a breakdown of the city's housing inventory. (Source: 1990 U.S. Census). Total- Owner- Renter- unit Type units vacant OccuDied OccuDied Single-Family 5,634 101 5,053 480 Multi-Family 2,280 108 385 1,787 Mobile Home or Trailer 5 0 '4 1 Other 56 0 23 33 7,975 209 ~,465 2,301 Percentage 2% 69% 29% - 1 of 6 - Minnesota City Participation Program City of Columbia Heights III. HOUSING PLAN (cont.) Much of the City's housing stock is aging and such issues as mainte- nance have become an ever increasing problem. Columbia Heights has a significant percentage of its housing stock which is more than 30 years old. The table below provides a distribution of the housing stock for selected years. (Source: 1990 U.S. Census) ~ Year Built Number of Units Percentage of Housinq Stock 1959 to 1950 1949 to 1940 1939 and Older Total Housing Units = 2,498 31% 782 10% 1,161 15% 4,441 56% 7,975 In addition, the City's population is also aging. Between 1980 and 1990 the total number of persons age 65 and older increased 70% from 1,996 to 3,381. During the same period the number of housing units occupied by owners over the age of 65 also increased from 837 to 1,427. As these owners grow older, they find maintaining their homes to be a greater burden, both physically and financially. The table below shows the tenure by age of householder (Source: 1990 U.S. Census). Age. Occupied . Owner Renter Cateqory Units % Occupied % Occupied % 15 - 24 yrs. 314 -4% J3 1.3% 241 10.5% 25 - 34 yrs. 1,622 20.9% 889 16.3% 733 31.9% 35 - 44 yrs. 1,436 18.5% 1,029 18.8% 407 17.7% 45 - 54 yrs. 1,115 14.4% 908 16.6% 207 9.0% 55 - 64 yrs. 1,276 16.4% 1,130 20.7% 146 6.3% 65 - 74 yrs. 1,167 15.0% 962 17.6% 205 8.9% 75+ 836 10.8% 474 8.7% 362 15.7% 71766 5,465 2,301 Perhaps the most telling statistic is the number of owner-occupied householders over the. age of 55 and the number of renter-occupied householders under the age 55. Based on the data shown above, almost 1/3 of all owner-occupants are over age 55, while 2/3 of all renter occupants are in the 15 - 54 age category. - 2 of 6 - Minnesota City Participation Program City of Columbia Heights III. HOUSING PLAN (cont.) In response to these trends, the city adopted the following Housing Plan (Source: 1992 Columbia Heights Comprehensive Plan Update): Goals and Policies: Goal: Maintain and enhance the quality of the single-family detached housing stock and the neighborhoods in which it is located. Goal: Upgrade and improve attractive multiple-family housing for those segments of the population that cannot afford'or do not desire to live in detached housing. Since Columbia Heights is predominately residential, the City regards the preservation and enhancement of the housing stock as its most important task. ke Sinqle-Family Code Enforcement: The City shall strive to maintain the physical quality of single-family housing through Code enforcement. Be Spot Clearance: The City shall remove and replace the most seriously deteriorated single-family houses so that they do not continue to harm the value of nearby housing. Ce MultiDle,Family Housinq Maintenance Standards: The City shall maintain minimum standards for multiple housing through a program of regular inspections and Code enforcement. De Housinq Assistance: The City shall continue to provide adequate housing programs. Equal Opportunity:. The City shall continue to promote and protect equal housing opportunity in publicly assisted and private housing. Ge Neiqhborhood Protection: The city shall work to protect the integrity and long-term viability of its-neighbor- hoods and strive to reduce the potential negative effects of nearby commercial or industrial development through zoning, site plan reviews and Code enforcement. Site Maintenance: The City shall strictly enforce its municipal regulations pertaining to yard and building maintenance so as to protect residential property values. He Land Use Plan: Land uses that are inconsistent with the Land Use Plan and incompatible with housing will be improved or removed over time where possible and the land reused in conformance with the Land Use Plan. - 3 of 6 - Minnesota city Participation Program City of Columbia Heights III. HOUSING PLAN (cont.) me MultiDle-Family Housinq Standards: The city shall enforce high standards for all multiple-family housing development. Included will be aspects of building massing, parking location, access, traffic impact, landscapingexterior architectural design, fencing, trash handling and parking ratios. Je Alternative Housinq:. The City shall promote the develop- ment of medium density, owner-occupied and rental housing for one and two-person households. This would provide an. opportunity for large households to acquire housing made available by the one and two person households owning detached single-family housing. Duplexes: The city shall allow "zero-lot-line" duplex units to encourage individual ownership of the units. ne Architectural Design: The design of new housing on infill and redevelopment sites should be compatible in scale, materials, and rooflines with any single-family housing on the same block or immediate vicinity. Financial Tools: The city will continue to use such tools as mortgage revenue bonds, tax increment financing and the Community Development Block Grant Program (along with either public funding source as may be available) to assist decent, affordable housing in the community, especially the elderly. The City will enter partnerships in a business-like fashion, seeking to improve the quality of such housing and/or ensure that rents remain affordable. However, the city will not jeopardize the quality of existing housing and neighborhoods through the siting of subsidized housing. The goals and policies were developed as a result of an opinion survey conducted in October of 1991. Residents were asked to respond to a variety of questions concerning such topics as employment, education, housing, local government, community image and crime. To assist the preservation of the housing stock, the Housing and Redevelopment Authority has provided more than $27,324,430 in housing rehab and mortgage assistance funds via the following programs: .7 HOUSING REHABILITATION Proqram MHFA Home Improvement Loans MHFA Home Energy Loans MHFA Deferred Loan MHFA Rental Rehab Grants MHFA Rental Rehab Loans CDBG/HOME Home Improvement Grants Number of Loans Dollar Value 169 $ 943,901 47 163,891 122 439,660 12 82,925 8 105,000 154 939,674 485 $2,675,051 - 4 of 6 - Minnesota City Participation Program City of Columbia Heights III. HOUSING PLAN (cont.) MORTGAGE ASSISTANCE Funding Year 1982 - 1983~ 1987 - 1988 1991 (MCPP) 1992 (MCPP) 1993 (MCPP) 1994 (MCPP) 1995 (MCPP) (Sources: Columbia Heights EDA) Dollar Value $ 8,408,000 10,000,000 1,477,000 1,400,309 1,632,000 1,278,022 454,048 24,649,379 IV. PROGRAM SPECIFICS The Columbia Heights First time Homebuyer Program will complement efforts by the City to preserve its housing stock and increase the opportunities for new families to move into the community. The end result will hopefully be more diverse and vibrant, neighborhoods which are attractive to live in. Borrower Income Limits: 80% of HUD Median Income; maximum allowed under the MCPP. Home Purchase Price Limits: Targeting Portion of Funds: Currently: $ 40,800 (5/95) 80% of HUD "Safe Harbor" limits; maximum allowed under the MCPP. None targeted for 1996. Funds will be distributed on a city-wide basis. Program Enhancement: Columbia Heights is part of the Metropolitan Councils Homebuyer Tax Break Program, where new homebuyers receive a state income tax exemption for 5 years if they purchase in the designated neighborhood. (See Appendix B) Release of Funds: Funds will be released when the Program begins with as many mortgage loans committed as possible the first 6 months of the program. Request Fund Amount: $2,000,000 or the ,,MAXIMUM ALLOWABLE". With $2,000,000 over 25 loans can be provided in Columbia Heights where the median value of housing is $73,000 (1990 Census) and median sold price is $73,500 in 1995 (Anoka County Association of Realtors) Marketing Option: city desires marketing support from MHFA through the availability of lender lists and brochures. - 5 of 6 - Minnesota City Participation Program City of Columbia Heights V. ECONOMIC VIABILITY The MCPP program has worked well in the City of Columbia Heights. Since first participating in the program in 1991 (and again in 1992, 1993, 1994 & 1995) more than 91 loans with a total dollar value of $6,241,379 have been made to date, approximately 77% of the funds were utilized during the 1991, 1992, 1993, 1994 & 1995 programs. It is anticipated, based on figures provided by the Anoka County -Association of Realtors (ACAR), that there will be continued demand for the MCPP. A comparison of home sales for 1994 and 1995 is shown below (Source: ACAR) 1995 1994 * Total number of units sold * Sales as a % of the total market * Total dollar value * Average listing price * Average selling price * Selling price as a % of listing price * Median selling price 216 214 1.89% 1.79% $16,282,097 $16,016,190 $ 76,703 $ 76,703 $ 74,842 $ 74,842 97.57% 97.57% '$ 75,000 $ 75,106 VI. NEW CONSTRUCTION 1996 MCPP funds will be used only for existing homes within the City limits of Columbia Heights. VII. SIGNATURES X X Donald J. Murzyn, Jr. Chair Tina Goodroad Acting Executive Director Date Date mnhsfina - 6 of 6 - MORTGAGE CORPORATION January 26, 1996 Tina Goodro~d City of Columbia Heights 590 40th Ave. N. Columbia Heights, MN 55421 RE: 1996 MHFA Cities Participation Dear Ms. Goodroad: Thank you for your acceptance for TCF Mortgage Corporation to be one of the lender's in M~FA's City Participation Program for your city. TCF Mortgage Corporation is an approved MHFA lender and we are looking forward to increasing affordable homeownership in your area. The Loan Officer contact will be: Coleman Rader TCF Mortgage Corporation 7984 Brooklyn Blvd. Brooklyn Park, MN 55445 424-8007 Please contact me when you have finalized the program requirements. I will be the main contact person for program infomation, changes, etc. We appreciate the confidence that you have expressed in allowing TCF Mortgage to participate in this program and we look forward to working with you. Please call me if I can be of further assistance. Sincerely,~ ~ gatricia Roycraft/~ ~ Assistant Vice Presfdent APPENDIX "A" 801 MARQUETTE AVENUE MINNEAPOLIS, MINNESOTA 55402-3475 DRAFT ?-11-95 S~LE & DEVELOPMENT /~GREEMENT RELATING TO 4450 Buchanan Street N.E. BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS MICHAEL T. KLUK~S SALE & DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Columbia Heights,~ (hereinafter called the "City"), and Michael T.-Klukas (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Project. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the issuance of any building permits on the Property. " Section 2. Sale/~urchase of Property. 2.01. Sale. The city agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $500.00. Developer shall begin construction of the home within one (1) year. of the date of execution of this agreement and shall complete construction within eighteen (18) months from said start date, at which time the City will convey fee title to the property by Warranty Deed to Developer. Section'3. DeveIoper's Representations. The Developer hereby represents, warrants and .covenants to the City that: 3.01. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. Section 4. Developer's Undertaklnqs. 4.01 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and.front elevation, of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City will-issue any building permits to Developer. 4.03. Fees and Charges. The Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the Property. Upon conveyance of the property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. Section 5. City's Undertakings. 5.01. Existing Improvements. The City will be responsible for removing any existing structure, foundation and debris from the Property and will assure that water and sewer services are stubbed to the boulevard at no cost to Developer. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; .-.. Section 7. Notices. Ail notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 DeveloDer Michael T. Klukas 1601 N. Innsbruck Drive #J47 Fridley, MN 55432 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Wcscph Sturdcvant- Its: ~ By: Its: City ~anager ~~~ O2-~=F~5 Michael T. Klukas STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is 3csaph Sturdevznt named in the foregoing instrument, the M~ycr of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) COUNTY OF ANOKA ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is =_rico~ IIcntgcs named in the foregoing instrument, the '~" ~ ...... Ci_~ of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) COUNTY OF ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Michael T. Klukas named in the foregoing instrument, and that this instrument was signed as his free act and deed. Notary Public g: \munic\ jdh\k lukas, dev EXHIBIT The south 113.00 feet of Lots 8 and 9, Doneroving Addition, Anoka County, Minnesota, subject to 44 1/2 Avenue NE over the south 30.00 feet thereof. PINS 36-30-24-21-0159 CITY OF COLUMBIA HEIGHTS Meeting of: February 12, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER COMMUNITY DEVELOPMENT APPROVAL~ Other Business RA~ ~ ITEM: APPROVE SALE/DEVELOPmENT AGREEMENT BY: TINA GOODO BY: HABITAT FOR /7' f-' (~-) DATE: FEBRUARY 7,, ~996 HUMANITY Enclosed for your review and approval, please find the sale and development agreement by and between the City of Columbia Heights and Twin Cities Habitat for Humanity relating to: 4501 Taylor Street N.E. 4549 Taylor Street N.E. 4555 Taylor Street N.E. 4550 Fillmore Street N.E. 1221 40th Avenue N.E. The City agrees to sell the property to Habitat for Humanity (developer) for the purchase price of $1.00. The developer shall complete construction of at least three homes in 1996 and the remaining two homes in 1997. For properties located at 4501 and 4555 Taylor the developer will incorporate a small attached double car garage into the plan. The intent for the developer will be to utilize a variety of house designs for the homes to be built. The developer will sell the properties at 4501 Taylor Street and 4555 Taylor Street to families whose incomes fall within the HOME program guidelines. RECOMMENDED MOTION: Move to approve the Sale and Development Agreement by and between the City of Columbia Heights and Twin Cities Habitat for Humanity. COUNCIL ACTION: \bt\council.for DRAFT 2-01-96 SALE & DEVELOPMENT AGREEMENT RELATING TO 4501 Taylor Street N.E. 4549 Taylor Street N.E. 4555 Taylor Street N.E. 4550 Fillmore Street N.E. 1221 - 40th Avenue BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND TWIN CITIES HABITAT FOR HUMANITY SALE & DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Columbia Heights, (hereinafter called the "City"), and Twin Cities Habitat for Humanity (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Facilities and Project. Developer, in accordance with City approval, plans to construct or cause 'to be constructed on the Property single family homes. Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the conveyance of the lots to Developer. For those properties located at 4501 and 4555 Taylor Street N.E., Developer shall incorporate into its plans a design for small attached double car garages. It is Developer's intent to utilize a variety of house designs for the homes to be built as per this Agreement. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $1.00. The sale and transfer of the property subject hereto shall be by Quit Claim Deed, with a memorial on said deed evidencing this Agreement, and made contingent upon Council approval of an ordinance authorizing the actual land transfer. Developer shall complete construction of at least three homes in 1996, and the remaining two homes in 1997. Section 3. Developer's Representations. Developer hereby represents, warrants and covenants to the City that: 3.01. Compliance. Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. 3.02. Home Program Requirements. Developer will sell two of the properties, located at 4501 Taylor Street NE and 4555 Taylor Street NE, to families whose incomes fall within the HOME program guidelines. Section 4. Developer's Undertakings. 4.01 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family homes on the Property. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plans and front elevations of the homes proposed to be constructed on the Property. Said pre-approval must be obtained prior to the conveyance of the lots to Developer. 4.03. Fees and Charges. Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the Property. Upon conveyance of the property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. Section 5. city's Undertakings. 5.01. Existing Improvements. The City will be responsible for removing any existing structure, foundation and debris from the Property and will assure that water and sewer services are stubbed to the boulevard at no cost to Developer. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the non-defaulting party may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; Section 7. Notices. Ail notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421-3878 With copy to: Barna, Guzy & Steffen Attn: James D. Hoeft 200 Coon Rapids Blvd., Suite 400 Minneapolis, MN 55433 Developer Twin Cities Habitat for Humanity 3001 Fourth Street S.E. Minneapolis, MN 55414 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed by their duly authorized officers effective the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor By: Mark Winson Its: Acting City Manager TWIN CITIES HABITAT FOR HUMANITY By: Its: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Joseph Sturdevant named in the foregoing instrument, the Mayor of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) Notary Public On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is Mark Winson named in the foregoing instrument, the Acting City Manager of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the of Twin Cities Habitat for Humanity, a on behalf of the Twin Cities Habitat for Humanity, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) On this day of , 1995, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in the foregoing instrument, the of Twin Cities Habitat for Humanity, a , on behalf of the Twin Cities Habitat for Humanity, and that this instrument was signed as his free act and deed. Notary Public g: \mun~ c\ jdh\devk! ! .hab EXHIBIT A Property Identification Numbers: 36-30-24-31-0003 25-30-24-33-0108 25-30-24-33-0116 25-30-24-33-0124 25-30-24-33-0125 Meeting of: February 12, 1996 AGENDA SECTI~ON: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO.: ''~ 0tl~er Business COMMUNITY DEVELOPMEN~ APPROVAL. TINA GOODRO~ ITEM: APPROVE PUR~ASE AGREEMENT FOR BY: BY: ~' 4613-15; 4519~1 PIERCE /i~,{~,), D&TE: FEBROARY 7, 1996 Staff has reached a a nt to purchase two duplexes at 4613-15 Pierce Street N.E. and 4619-21 Pierce Street N.E. ~om the owner Keith Maahs (Purchase Agreements are attached). Both properties wil;L be sed by the City for $70,000.00. Of these two duplexes, 3 of the ts are currently occupied. Staff has obtained all of the leases for the three its and will maintain those until it is decided what the city will do with the Relocation assistance will be provided at time that it is necessary. S~;aff will notify ach tenant and inform them we will be the new owner and that their occu]~ancy status will change. RECOMMENDED MOTION: Move to approve the and 4619-21 Pierce Street N.E. by and between Heights. agreement for 4613-15 Pierce Street N.E. he Keith Maahs and the City of Columbia COUNCIL ACTION: bt\council.for PURCHASE AGREEMENT RECEIVED OF the City of Columbia Heights (hereinafter referred to as the "Buyer") the sum of Dollars Cash to be held in the trust account of , as earnest money and in part payment for the purchase of property listed on the attached Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of Minnesota, all of which property Keith Maahs (hereinafter referred to as "Seller") has this day sold to the Buyer for the sum of 'Seventy Thousand and No/100ths Dollars ($70,000.00), which shall be payable at closing. 1. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally described as: See attached Exhibit A Street Address: 4613-4615 Pierce Street NE 2. Closing. The closing shall be conducted at the offices of Land Title, Inc., 8 Pine Tree Drive, Arden Hills, MN 55112. The closing shall be conducted within sixty days of the execution of this Agreement, with the costs of conducting the closing shared equally between Buyer and Seller. 3. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. On Date of Closing, Seller shall make full payment of all outstanding balances (including installments due in future years) for levied special assessments, including any installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume special assessments pending as of the date of this Agreement for improvements, that have been ordered by the City Council or other governmental, assessing authorities. As of the date of this Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of' which project may be assessed against the Property. If a special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option: a. Assume payment of the pending special assessment without: adjustment to the purchase agreement price of the Property; or, b. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or, c. Declare this.Agreement null and'void by notice to Seller, and earnest money shall be refunded to Buyer. Seller shall pay on Date of Closing any deferred real estate taxes or special assessments ~payment of which is required as a result of the closing of thisl sale. 4. Delivery of Deed. :Subject to perf6rmance by the Buyer, Seller agrees to execute and delive~ a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: '1 a. Building and zoning laws, ordinances, State and Federal regulations; b. Restrictions relating to use or improvement of premises without effective forfeiture provisions; c. Reservation of any minerals or mineral rights to the State of Minnesota; d. Utility and drainage easements which do not interfere with present improvements. 5. Examination of Title. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract, at Seller's sole expense, certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and.pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance ~olicy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for title insurance to provide Seller with a copy of the Commitment. and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed. 6. Title Corrections and Remedies. Seller sh~ll have '120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within 10 business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be -2- released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. Seller shall be liable for any and all expenses related to the correction of title, including, but not by way of limitation, costs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establi~shing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, earnest money shall be refunded to Buyer. c. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may .seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (2) Undertake proceedings to correct the objection to title; ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; iii. Damages from Seller including cost and reasonable attorney's fees, as permitted by laws; iv. Specific performance within six months after such right of action arises. -3- d. .If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, 'Buyer may, as permitted by law: i. Seek damages from Seller including costs and reasonable attorney's .fees.; ii. Seek specific performance within six months after such right of action arises. wiT IS ACKNOWLEDGED THaT TIME-IS OF THE ESSENCE HEREOF. 7. Seller's Covenants. a. Seller covenants that all buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. b. Seller covenants that all existing leases, whether oral or written, have been disclosed to Bpyer and that copies of all written leases have been provided to Buyer for Buyer~'s review. . c. Seller agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the'date hereof until closing. d. Seller warrants that all damage deposits, plus interest thereon as per MinnesOta Statutes, will be turned' over ~o Buyer at closing. e. Seller acknowledges that the warranties and representations made herein by Seller are a material inducement to Buyer's entering into this Purchase Agreement and that Buyer is entitled to rely upon these warranties and representations despite independent investigation undertaken 'by Buyer. Should Seller have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then. Seller agrees to pay any and all costs of relocation arising out of the sale of the subject properties. f. Seller acknowledges that Buyer and Seller will be employing the services of a title insurance/closing company to facilitate the closing of this transaction. Seller agrees to promptly furnish said closing company with all documents requested and further agrees that if 'said closing company should, by-error, collect an amount of money insufificient to meet' payoff obligations to existing creditors, then Seller will refund, within five (5) days of -4- receiving oral or written notice, whatever amount necessary to satisfy the outstanding obligations. 8. Possession. Seller further agrees to deliver possession (]Dy turning over all original keys to the subject properties) on date of closing provided that all conditions of this Agreement have been complied with. 9. Fi:re Damage. In the event of any damage prior to closing to tlae subject properties and improvements thereon or the personal property due to fire or other casualty, Seller shall promptly notify Buyer and Buyer may, within 10 days after notification, elect to terminate this Purchase Agreement, in which event Buyer's earnest money shall be returned forthwith, Buyer and Seller shall be released from any further liability hereunder and this Purchase agreement shall be null and void. If Buyer does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effect and at closing Seller shall assign to Buyer all Seller's right, title and interest in and to any insurance proceeds paid or payable for such damage, but the amount of assignment due from Seller shall be limited to the purchase price as set forth herein. 10. "As Is Condition". Buyer, through its agents and employees, has inspected the properties and Buyer is aware that the properties require repair and may be subject to work orders issued by Buyer. Buyer agrees to purchase property in "As Is" condition. 11. Sales Commissions. Seller agrees to hold Buyer harmless from any claim for sales commissions arising out of this transaction to the extent that such claims arise out of the agreements claimed to have been entered into with Seller. 12. Acceptance. It is understood that Buyer has until to accept the terms and conditions of this Purchase Agreement. Seller acknowledges that this Purchase Agreement can only be accepted by Buyer through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this Purchase Agreement is expressly conditioned upon and shall not become binding, and neither party shall acquire any rights hereunder until such time as proper approval has been obtained from the City. 13. In~demnification. Except as specifically provided otherwise in this Purchase Agreement, Seller shall indemnify and hold Buyer harmless from and against any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or -5- operation gf the property or the.business conducted thereon, arising out of events or transactions before the date of closing. Except as specifically provided otherwise in this Purchase Agreement, Buyer shall indemnify and hold Seller harmless from and against any and .all loss~ cost, damages or"injurY expenses arising out of or in any way related to claims for injury to 'or death of persons, damage to property, or contract liabilities associated with the ownershi~ or operation of the property or the business conducted thereon, arising out of events or transactions after the date of closing. 14. Survival of Warranties. All covenants, representations and warranties herein made s~all survive the closing.hereunder, and the truth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of whiCh conditions, however, may be waived by the party entitled to the benefit thereof, in whole or in part at such party's option. 15. Severability. The ,invalidity or unenforceability of any provision in this Agreement shall not in any way affect th~ validity 6r enforceability of any other provision and this Agreement shall be construed in all respects as if s~ch invalid or unenforceable provision had never been in the Agr,eement. 16. Minnesota Law to Govern. This Agreement shall be interpreted and enforced in accordance with the Laws of the State of Minnesota. SELLER: Dated: ~/~ ! , 1996 Keith Maahs BUYER: Dated: , 1996 CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor G: \munic\hef ghts\maahs, pa 1 By: Mark Winson Its: Acting City Manager -6- EXHIBIT A LEGAL DESCRIPTION PURCHASE AGREEMENT RECEIUED OF the City of Columbia Heights (hereinafter referred to as the "Buyer") the sum of Dollars Cash to be held in the trust account of. , as earnest ~oney and in part payment for the 'purchase of property listed on the attached Exhibit A,. situated in the City of Columbia Heights, County of Anoka, State of Minnesota, all of which property Keith Maahs (hereinafter referred to as''!Seller") has this day sold to the Buyer for the sum of Seventy Thousand and No/100ths Dollars ($70,000.00), which shall be payable at clos'ing. 1. Offer/A¢oeptance. Buyer offers to purchase and Seller agrees to sell real property legally described as: See attaChed Exhibit A Street Address: 4619-4621 Pierce Street NE 2. Closing. The closing shall'be conducted at the offices of Land Title, Inc., 8 Pine Tree Drive, Arden Hills, MN 55112. The closing shall be conducted within sixty days of the execution of this Agreement, with the costs of conducting the closing .shared. equally between Buyer and Seller. 3.. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual 'date of closing, unless otherwise provided in this Agreement. On Date of Closing, Seller shall make full payment of all outstandin~ balances (including installments dye in future years) for levied special assessments, including any installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume special assessments pending as of the date of this Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. As of'the'date of thi~ Agreement, Seller rePresents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a speCial assessment becomes pending after the da.te of this Agreement 'and before the Date of Closing, Buyer may, at Buyer's option: ia. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the Property; or, b. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or, c. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. Seller'shall pay on Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 4. Delivery of Deed. Subject to performance by the Buyer, Seller agrees to execute and deliver a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations; b. Restrictions relating to use or improvement of premises without effective forfeiture provisions; c. Reservation of any minerals or mineral rights to the State of Minnesota; d. Utility and drainage easements which do not interfere with present improvements. 5. Examination of Title. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract, at Seller's sole expense, certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance Pclicy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for title insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed. 6. Title Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall., within 10 business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be -2- released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the.defects by Seller shall be reasonable, diligent, and prompt. Pending correction of 'title, all payments required herein'and the closing shall be postponed. Seller shall be liable for any and all expenses related to the correction of title, including, but not by way of limitation, costs in bringing an action in Proceeding Subseq6ent, court costs, attorneys fees, and recording fees. a. If notice is given and Seller make~ title marketable, then upon p~esentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing'date, whichever is later. b. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, earnest money .shall be refunded to Buyer. .c. If Seller doeS not give notice of intention to make title marketable, or if notice is given but the 120 day perio~ expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger .in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, ~nd reasonable attorney's fees from Seller as Permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to title, .and consequential damages are excluded); or, (2) Undertake proceedings to correct the .objection to title; ii. Rescission of this Purchase Agreemen~ by :not%ce as provided herein, in Which ~ase the Purchase Agreement shall~be null and void and all earnest money ipaid hereunder shall be refunded to Buyer; iii. Damages from Seller including cost and ireasonable attorney's fees, as permitted by laws; iv. Specific performance within six mont~s after 'such right of action arises. -3- I d. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: i. Seek damages from Seller including costs and reasonable attorney's fees; ii. Seek specific performance within six months after such right of action arises. IT IS ACKNOWLEDGED THAT TIME IS OF THE ESSENCE HEREOF. 7. Seller's Covenants. a. Seller covenants that all buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. b. Seller covenants that all existing leases, whether oral or written, have been disclosed to Buyer and that copies of all written leases have been provided to Buyer for Buyer's review. c. Seller agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the date hereof until closing. d. Seller warrants that all damage deposits, plus interest thereon as per Minnesota Statutes, will be turned over to Buyer at closing. e. Seller acknowledges that the warranties and representations made herein by Seller are a material inducement to Buyer's entering into this Purchase Agreement and that Buyer is entitled to rely upon these warranties and representations despite independent investigation undertaken by Buyer. Should Seller have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then Seller agrees to pay any and. all costs of relocation arising out of the sale of the subject properties. f. Seller acknowledges that Buyer and Seller will be employing the services of a title insurance/closing company to facilitate the closing of this transaction. Seller agrees to promptly furnish said closing company with all documents requested and further agrees that if said closing company should, by error, collect an amount of money insufficient to meet payoff obligations to existing creditors, then Seller will refund, within five (5) days of -4- receiving oral or written notice, whatever amount necessary to satisfy the outstanding obligations. 8. Possession. Seller further agrees to deliver possession (by turning over all original keys to the subject properties) on date of closing provided that all conditions of this Agreement have been complied with. 9. Fire Damage. In the event of any damage prior to closing to the subject properties and-improvements thereon or the personal property due to fir~ or other casualty, Seller shall promptly notify Buyer and Buyermay, within 10 days after notification, elect to terminate this 'Purchase Agreement, in which event Buyer's earnest money shall be returned forthwith, Buyer and Seller shall be.released from any further liability hereunder and this PurChase agreement shall be null and void. If Buyer does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effeQt and at closing Seller shall assign to Buyer all Seller's right, title and interest in and to any insurance proceeds paid or payable for such damage, but the amount of assignment due from Seller shall be limited, to the purchase price as set forth herein. 10. !'AS Is Condition".. Buyer, through its agents and employees, has inspected the propgrties and Buyer is aware that the properties require repai~ and may be subject to work orders issued by Buyer. Buyer agrees to purChase property in "As Is" condition. 11. Sales Commissions. Seller agrees to hold Buyer harmless from any claim for sales commissions arising out of this transaction to the extent that such claims arise out of the agreements claimed to have been entered into with Seller. 12. Acceptance. It is understood that Buyer has until to accept the terms and conditions of this Purchase Agreement. Seller acknowledges that this Purchase Agreement can only be accepted by Buyer through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City~ any relevant city ordinances., and any relevant statute~ of the State 9f Minnesota. Therefore, this Purchase Agreement is expressly Conditioned upon and shall not become binding, .and . neither party shall acquire any rights hereunder until such time~ as proper approval has been obtained from the City. 13. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, Seller shall indemnify and hold Buyer. harmless from and'against any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage'to property .or contract liabilities associated with the ownership or -5- operation of the property or the business conducted thereon, arising out of events or transactions before the date of closing. Except as specifically provided otherwise in this Purchase Agreement, Buyer shall indemnify and hold Seller harmless from and against any and all loss, cost, damages or injury expenses arising out of or in any way related to claims for injury to or death of persons, damage to property, or contract liabilities associated with the ownership or operation of the property or the business conducted thereon, arising out of events or transactions after the da'~e of closing. 14. Su:=vival of Warranties. Ail covenants, representations and warranties herein made shall survive the closing hereunder, and the truth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, may be waived by the party entitled to the benefit thereof, in 'whole or in part at such party's option. 15. Severability. The invalidity or unenforceability of any provision in this Agreement shall not in any way affect the validity or enforceability of any other provision and this Agreement shall be construed in all respects as if such invalid or unenforceable provision had never been in the Agreement. 16. Minnesota Law to Govern. This Agreement shall be interpreted and enforced in accordance with the Laws of the State of Minnesota. SELLER: Dated: , 1996 Keith Maahs BUYER: Dated: , 1996 CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor By: Mark Winson Its: Acting City Manager G: \muni c\hei ghts\maahs, pa2 -6- EXHIBIT A LEGAL DESCRIPTION REVISED CITY COUNCIL LETTER Meeting of : February 12, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER OTHER BUSINESS APPROVAL NO: 7 COMMUNITY DEVELOPMENT ITEM: RESOLUTIONS APPROVING PURCHASE BY: TINA GOODROAD BY. AGREEMENT FOR 4613-4615 AND~~/~ , 4619-462] PIE61CE ST. DATE: FEBRUARY 7, 1996 NO: 7. C 5) Staff has reached an agreement to purchase two duplexes at 4613-15 Pierce street N.E. and 4619-21 Pierce Street N.E. from the owner Keith Maahs (Purchase Agreements are attached). Both properties will be purchased by the City for $70,000.00 each. Of these two duplexes, 3 of the 4 units are currently occupied. Staff has obtained all of the leases for the three occupied units and will maintain those until it is decided what the City will do with the properties. Relocation assistance will be provided at time that it is necessary. Staff will notify each tenant and inform them we will be the new owner and that their occupancy status will not change. Funding for the purchase of these two properties will come from 1995 dome funds ($60,000) and 1!)95 and 1996 CDBG funds ($80,000). In order to transfer unused Rehabilitation funds to Acquisition funds, the Council will need to hold a Public Hearing on March 11, 1996 and adopt a resolution to Anoka County requesting the transfer. RECOMMENDED MOTION: Move to waive the reading of Resolution 96-25~th~ir~ei~ng a}mple copies available to the public. /~ /~//'~(~/~/ ,') / of Columbia Heights approving the purchase agreementt~nd purchqJse of the property located at 4613-15 Pierce Street N.E. and utilizing CDBG and NOME funds for the purchase. RECOMMENDED MOTION: Move to waive the reading of Resolution 96-26 there b~ing~m~ copies available to the public. \ RECOMMENDED MOIION:. Move to adopt Resolution 96-26 Resolution of the ty C°uncil of Columbia Heights appro¥in9 the purchase agreement and purchase~,oT~"~he property located at 4619-21 Pierce Street N.E. and utilizin9 CDBG and I~0~ funds for the purchase. COUNCIL ACTION: Jg\leg&l~ourchs26.res RESOLUTION 96 - 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUNBIA HEIGHTS, NINNESO~A AUTHORIZING THE PIJRCHASE OF 46]3-]5 PIERCE STREET N.E. WHEREAJ;, the City Council of the City of Columbia Heights (the "City) has an on-going Community Development Block Grant {CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deteriora- tion, substa~ndard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by thE) Seller and provided to the City Council. NOW, ~(EREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement {On 4613-15 Pierce Street N.E.) between the City and Keith Maahs and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value based on the (~mount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. e The City Council approves payment of the purchase cost from the City CDBG Program funds. PASSED THIS __DAY OF , 1996 MOTION BY: SECONDED BY: ROLL CALL: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor J9\l~ l\p~rch4se.res RESOLUTION 96 - 26 RESOLUT][ON OF THE CITY COUNCIL OF THE CITY OF COLUNBIA HEIGHTS, NINNESOTA AUTHORIZING THE PURCHASE OF 4619-21 PIERCE STREET N.E. WHEREAJ;, the City Council of the City of Columbia Heights (the "City) has an on-goi.ng Con~nunity Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WltEREAS, the City has found that there exists conditions of deteriora- tion, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need {due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by th() Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement (On 4619-21 Pierce Street N.E.) between the City and Keith Maahs and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value based on the amount being the price for the property offered for :;ale by the owner and the value being determined by comparison of formal appraisals of the property. e The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. o 'rhe City Council approves payment of the purchase cost from the City CDBG Program funds. PASSED THIS __DAY OF , 1996 MOTION BY: SECONDED BY: ROLL CALL: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor ~\legal\purchase. Pes PURCHASE AGREEMENT RECEIVED OF the City of Columbia Heights (hereinafter referred to as the "Buyer") the sum of Dollars Cash to be held in the trust account of , as earnest money and in part payment for the purchase of property listed on the attached Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of Minnesota, all of which property Keith Maahs (hereinafter referred to as "Seller") has this day sold to the Buyer for the sum of Seventy Thousand and No/100ths Dollars ($70,000.00), which shall be payable at closing. 1. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally described as: See attached Exhibit A Street Address: 4613-4615 Pierce Street NE 2. Closing. The closing shall be conducted at the offices of Land Tit].e, Inc., 8 Pine Tree Drive, Arden Hills, MN 55112. The closing shall be conducted within sixty days of the execution of this Agreement, with the costs of conducting the closing shared equally between Buyer and Seller. 3. T~xes an4 Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. On Date of Closing, Seller shall make full payment of all outstanding balances (including installments due in future years) for levied special assessments, including any installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume special assessments pending as of the date of this Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. As of the date of this Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option: a. Assume payment of the pending special assessment withou~ adjustment to the purchase agreement price of the Proper'~y; or, b. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or, c. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. Seller shall pay on Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 4. Delivery of Deed. Subject to performance by the Buyer, Seller agrees to execute and deliver a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations; b. Restrictions relating to use or improvement of premises without effective forfeiture provisions; c. Reservation of any minerals or mineral rights to the State of Minnesota; d. Utility and drainage easements which do not interfere with present improvements. 5. Examination of Title. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract, at Seller's sole expense, certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance P¢licy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for title insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed. 6. Title Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall., within 10 business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be -2- released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. Seller shall be liable for any and all expenses related to the correction of title, including, but not by way of limitation, costs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, earnest money shall k.e refunded to Buyer. c. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (2) Undertake proceedings to correct the objection to title; ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; iii. Damages from Seller including cost and reasonable attorney's fees, as permitted by laws; iv. Specific performance within six months after such right of action arises. -3- d. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: i. Seek damages from Seller including costs and reasonable attorney's fees; ii. Seek specific performance within six months after such right of action arises. -IT IS ~CKNOWLEDGED THAT TIME IS OF THE ESSENCE HEREOF. 7. Seller's Covenants. a. Seller covenants that all buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. b. Seller covenants that all existing leases, whether oral or written, have been disclosed to Buyer and that copies of all written leases have been provided to Buyer for Buyer's review. c. Seller agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the date hereof until closing. d. Seller warrants that all damage deposits, plus interest thereon as per Minnesota Statutes, will be turned over to Buyer at closing. e. Seller acknowledges that the warranties and representations made herein by Seller are a material inducement to Buyer's entering into this Purchase Agreement and that Buyer is entitled to rely upon these warranties and representations despite independent investigation undertaken by Buyer. Should Seller have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then Seller agrees to pay any and all costs of relocation arising out of the sale of the subject properties. f. Seller acknowledges that Buyer and Seller will be employing the services of a title insurance/closing company to facilitate the closing of this transaction. Seller agrees to promptly furnish said closing company with all documents requested and further agrees that if said closing company should, by error, collect an amount of money insufficient to meet-payoff obligations to existing creditors, then Seller will refund, within five (5) days of -4- receiving oral or written notice, whatever amount necessary to satisfy the outstanding obligations. 8. Possession. Seller further agrees to deliver possession (by turning over all original keys to the subject properties) on date of closing provided that all conditions of this Agreement have been complied with. 9. Fire Damage. In the event of any damage prior to closing to the subject properties and improvements thereon or the personal property due to fire or other casualty, Seller shall promptly notify Buyer and Buyer may, within 10 days after notification, elect to terminate this Purchase Agreement, in which event Buyer's earnest money shall be returned forthwith, Buyer and Seller shall be released from any further liability hereunder and this Purchase agreement shall be null and void. If Buyer does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effect and at closing Seller shall assign to Buyer all Seller's right, title and interest, in and to any insurance proceeds paid or payable for such damage, but the amount of assignment due from Seller shall be limited to the purchase price as set forth herein. 10. "AS IS Condition". Buyer, through its agents and employees, has inspected the properties and Buyer is aware that the properties require repair and may be subject to work orders issued by Buyer. Buyer agrees to purchase property in "As Is" condition. 11. Sables Commissions. Seller agrees to hold Buyer harmless from any claim for sales commissions arising out of this transaction to the extent that such claims arise out of the agreements claimed to have been entered into with Seller. 12. Acceptance. It is understood that Buyer has until to accept the terms and conditions of this Purchase Agreement. Seller acknowledges that this Purchase Agreement can only be accepted by Buyer through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this Purchase Agreement is expressly conditioned upon and shall not become binding, and neither party shall acquire any rights hereunder until such time as proper approval has been obtained from the City. 13. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, Seller shall indemnify and hold Buyer harmless from and against any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or -5- operation of the property or the business conducted thereon, arising out of events or transactions before the date of closing. Except as specifically provided otherwise in this Purchase Agreement, Buyer shall indemnify and hold Seller harmless from and against any and all loss, cost, damages or injury expenses arising out of or in any way related to claims for injury to or death of persons, damage to property, or contract liabilities associated with the ownership or operation of the property or the business conducted thereon, arising out of events or transactions after the date of closing. 14. Survival of Warranties. Ail covenants, representations and warranties herein made shall survive the closing hereunder, and the truth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, may be waived by the party entitled to the benefit thereof, in whole or in part at such party's option. 15. Severability. The invalidity or unenforceability of any provision in this Agreement shall not in any way affect the validity or enforceability of any other provision and this Agreement shall be construed in all respects as if such invalid or unenforceable provision had never been in the Agreement. 16. Minnesota Law to Govern. This Agreement shall be interpreted and enforced in accordance with the Laws of the State of Minnesota. SELLER Dated: , 1996 Keith Maahs BUYER: Dated: , 1996 CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor G: \muni c\hei ght s \maahs. pa 1 By: Mark Winson Its: Acting City Manager -6- EXHIBIT A LEGAL DESCRIPTION PURCHASE AGREEMENT RECEIVED OF the City of Columbia Heights (hereinafter referred to as the "Buyer") the sum of Dollars Cash to be held in the trust account of , as earnest money and in part payment for the purchase of property listed on the attached Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of Minnesota, all of which property Keith Maahs (hereinafter referred to as "Seller") has this day sold to the Buyer for the sum of Seventy Thousand and No/100ths Dollars ($70,000.00), which shall be payable at closing. 1. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally described as: See attached Exhibit A Street Address: 4619-4621 Pierce Street NE 2. Closing. The closing shall be conducted at the offices of Land Title, Inc., $ Pine Tree Drive, Arden Hills, MN 55112. The closing shall be conducted within sixty days of the execution of this Agreement, with the costs of conducting the closing shared equally between Buyer and Seller. 3. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. On Date of Closing, Seller shall make full payment of all outstanding balances (including installments due in future years) for levied special assessments, including any installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Buyer shall assume special assessments pending as of the date of this Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. As of the date of this Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option: a. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the Property; or, b. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or, c. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. Seller~shall pay on Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 4. Delivery of Dme4. Subject to performance by the Buyer, Seller agrees to execute and deliver a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations; b. Restrictions relating to use or improvement of premises without effective forfeiture provisions; c. Reservation of any minerals or mineral rights to the State of Minnesota; d. Utility and drainage easements which do not interfere with present improvements. 5. Examination of Title. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract, at Seller's sole expense, certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for title insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed. 6. Title Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within 10 business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be -2- released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. Seller shall be liable for any and all expenses related to the correction of title, including, but not by way of limitation, costs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, earnest money shall be refunded to Buyer. c. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (2) Undertake proceedings to correct the objection to title; ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; iii. Damages from Seller including cost and reasonable attorney's fees, as permitted by laws; iv. Specific performance within six months after such right of action arises. -3- d. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: i. Seek damages from Seller including costs and reasonable attorney's fees; ii. Seek specific performance within six months after such right of action arises. IT IS ACKNOWLEDGED THAT TIME IS OF THE ESSENCE HEREOF. 7. Seller's Covenants. a. Seller covenants that all buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. b. Seller covenants that all existing leases, whether oral or written, have been disclosed to Buyer and that copies of all written leases have been provided to Buyer for Buyer's review. c. Seller agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the date hereof until closing. d. Seller warrants that all damage deposits, plus interest thereon as per Minnesota Statutes, will be turned over to Buyer at closing. e. Seller acknowledges that the warranties and representations made herein by Seller are a material inducement to Buyer's entering into this Purchase Agreement and that Buyer is entitled to rely upon these warranties and representations despite independent investigation undertaken by Buyer. Should Seller have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then Seller agrees to pay any and all costs of relocation arising out of the sale of the subject properties. f. Seller acknowledges that Buyer and Seller will be employing the services of a title insurance/closing company to facilitate the closing of this transaction. Seller agrees to promptly furnish said closing company with all documents requested and further agrees that if said closing company should, by error, collect an amount of money insufficient to meet payoff obligations to existing creditors, then Seller will refund, within five (5) days of -4- receiving oral or written notice, whatever amount necessary to satisfy the outstanding obligations. 8. Possession. Seller further agrees to deliver possession (by turning over all original keys to the subject properties) on date of closing provided that all conditions of this Agreement have been complied with. 9. Fire Damage. In the event of any damage prior to closing to the subject properties and improvements thereon or the personal property due to fire or other casualty, Seller shall promptly notify Buyer and Buyer may, within 10 days after notification, elect to terminate this Purchase Agreement, in which event Buyer's earnest money shall be returned forthwith, Buyer and Seller shall be released from any further liability hereunder and this Purchase agreement shall be null and void. If Buyer does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effect and at closing Seller shall assign to Buyer all Seller's right, title and interest in and to any insurance proceeds paid or payable for such damage, but the amount of assignment due from Seller shall be limited to the purchase price as set forth herein. 10. "As Is Condition". Buyer, through its agents and employees, has inspected the properties and Buyer is aware that the properties require repair and may be subject to work orders issued by Buyer. Buyer agrees to purchase property in "As Is" condition. 11. Sales Commissions. Seller agrees to hold Buyer harmless from any claim for sales commissions arising out of this transaction to the extent that such claims arise out of the agreements claimed to have been entered into with Seller. 12. Acceptance. It is understood that Buyer has until to accept the terms and conditions of this Purchase Agreement. Seller acknowledges that this Purchase Agreement can only be accepted by Buyer through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this Purchase Agreement is expressly conditioned upon and shall not become binding, and neither party shall acquire any rights hereunder until such time as proper approval has been obtained from the City. 13. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, Seller shall indemnify and hold Buyer harmless from and against any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or -5- operation of the property or the business conducted thereon, arising out of events or transactions before the date of closing. Except as specifically provided otherwise in this Purchase Agreement, Buyer shall indemnify and hold Seller harmless from and against any and all loss, cost, damages or injury expenses arising out of or in any way related to claims for injury to or death of persons, damage to property, or contract liabilities associated with the ownership or operation of the property or the business conducted thereon, arising out of events or transactions after the date of closing. 14. Survival of Warranties. Ail covenants, representations and warranties herein made shall survive the closing hereunder, and the truth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, may be waived by the party entitled to the benefit thereof, in whole or in part at such party's option. 15. Severability. The invalidity or unenforceability of any provision in this Agreement shall not in any way affect the validity or enforceability of any other provision and this Agreement shall be construed in all respects as if such invalid or unenforceable provision had never been in the Agreement. 16. Minnesota Law to Govern. This Agreement shall be interpreted and enforced in accordance with the Laws of the State of Minnesota. SELLER: Dated: , 1996 Keith Maahs BUYER: Dated: , 1996 CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant Its: Mayor By: Mark Winson Its: Acting City Manager G: \muni c\hei ghts\maahs, pa2 -6- EXHIBIT A LEGAL DESCRIPTION **REVISED** CITY OF COLUMBIA HEIGHTS Meeting of: February 12, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO.:7 Other Business COMMUNITY DEVELOPMENT AP/R~O~V .AL;~ ~~ ~ DATE: FEBRUARY 12, 1996 ' NO: Staff has been working with John Rekuski owner of 4625-27 Pierce Street on the purchase of this duplex. The terms agreed by the owner are outlined in a memo from him. Mr. Rekuski has agreed to a offer of $73,000 with a few conditions: 1. Buyer pay all of closing costs. We usually only pay half. 2. Seller receive no less than $73,000 at closing. 3. Buyer responsible for relocation of tenants and at that time buyer pay back any damage deposits due to tenants. Normally the City requires that the seller transfer the deposits collected. In this case Mr. Rekuski is asking the City to pay this and closing costs. He has collected $200 deposit from one tenant and $500 deposit from the other tenant. We will require that the seller turnover all lease agreements to the City at time of signing the purchase agreement. Since the City is purchasing the other two duplexes on Pierce Street we will be using all available grant funds until the next CDBG funding is released in July. I explained this situation to Mr. Rekuski and he has agreed to close by July 30, 1996. We will sign the purchase agreement with him and if additional grant money comes available before July 30, 1996 then we will close at that earlier time. RECOMMENDED MOTION: Move to authorize the City Manager to negotiate a purchase agreement with John Rekuski for 4625-27 Pierce Street according to the above stated condition. COUNCIL ACTION: \bt\council.for WANN ENGINEERING, INC. 1204 ~STNUT AVENUE MINNEAPOLIS, MN 5~403 USA FAX: 612 - 332 - 6937 OR 1 - 800 - 332 - 6812 (U.S. ONLY) PHONE: 612 ~ 332 - $681 FAX-FA~-FA~-FAX-F.a~-FAX-FAX-FA~-FAX-F~I~-FAX-F~-F~-IrAX-F~-FAX- DATE: 24 Jan, 1996 TO: Tina FIRM: City ofColumbi~ Hgts. FROM: JOHN REKUSKI PAGES(I~CLUDING COVER PAGE) - 1 In good faith, I hc~by accept the city's offer of$ 73,0(~3 to purchase my duplcx locamd at 4625/27 Pierce St. N.E. My modest "conditions of sale" are as foUows: 1) Buyer to p~y for all closing cos~ including title transfer, searches, fees, etc. 2) Seller(and seller's mtge co.) to receive no less than $ 73,000.00 at closing. 3) Buyer to b~ r~sponsibl¢ for eviction and/or relocation of existing tenants. At that t~n¢ Buyer to pay back any damage deposit due to tenants. In light of thc fact timt I will nccd w payoff the mortg~:e, pay back Keith Maahs for his lease option(S2000 loss), and pay substantial tax on the ~le much ~rlier thru Icvcr intended, I feel thc abovc conditions are reasonable. Please advise wl~n a formal Purchase Agm-emcnt will ~ available from the City Board for my review. TOTAL P. 81 CITY OF COLUMBIA HEIGHTS Meeting of: February 7, 1996 AGENDA SECTION: I TENS FOR CONS I DERATI ON ORIGINATING DEPT.: ~ CITY MANAGER NO.: 7 0ther Business COMMUNITY DEVELOPMF~.. )'. AP. PROVAL ITEM: APPROVE PURCHASE OF 4625-27 PIERCE BY: TINA GOODRO BY: NO: 7i C ~ DATE: FEBRUARY 7, ~3996 Staff has been working with John Rekuski owner of 4625-27 Pierce Street on the purchase of this duplex. The terms agreed by the owner are outlined in a memo from him. Mr. Rekuski has agreed to a offer of $73,000 with a few conditions: 1. Buyer pay all of closing costs. We usually only pay half. 2. Seller receive no less than $73,000 at closing. Buyer responsible for relocation of tenants and at that time buyer pay back any damage deposits due to tenants. Normally the City requires that the seller transfer the deposits collected. In this case Mr. Rekuski is asking the City to pay this and closing costs. He has collected $200 deposit from one tenant and $500 deposit from the other tenant. We will require that the seller turnover all lease agreements to the City at time of signing the purchase agreement. Since the City is purchasing the other two duplexes on Pierce Street we will be using all available grant funds until the next CDBG funding is released in July. I explained this situation to Mr. Rekuski and he has agreed to close by July 30, 1996. We will sign the purchase agreement with him and if additional grant money comes available before July 30, 1996 then we will close at that earlier time. RECOMMENDED MOTION: Move to approve the purchase of 4625-27 Pierce Street N.E. according to the above stated conditions. COUNCIL ACTION: \bt\council.for CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL MARK A. WINSON, ACTING CITY MANAGER FEBRUARY 9, 1996 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF FEBRUARY 12, 1996 1) OPERATIONAL REPORTS Attached please find operational reports from each department outlining activities from the month of January, 1996. 2) SHARED RIDE FINAL STATUS REPORT Attached please find a Shared Ride Status Report through the end of December, 1995. 3) TRAVELER STATUS It is my understanding that thc transition from Shared Ride to thc Traveler Service has gone reasonably well. The Traveler has agreed to accept the Shared Ride tickets until February 10th. 4) U.S. SENATOR ROD GRAMS OPEN "LISTENING HOURS" Please see the attached announcement from the office of Senator Grams regarding an opportunity for local citizens to express their views to Senator Grams' staff. 5) TAXI CAB LICENSE -- GARY MARTINSON As an update to this item that was presented at the last Council meeting, the Police Department has reviewed the record of the applicant and found that the violation in question had been removed. As everything else was in order, the license was issued. 6) PARK AND RECREATION SURVEY The Park and Recreation survey was mailed out this last week. The responses are expected back by February 15. The intent of the survey is to determine the level of satisfaction with current recreation programs and park facilities, and to provide an opportunity for the respondents to suggest improvements that could be made in these activities. Once the survey results are tabulated, Randy Quale, Recreation Director will prepare a report for review and use of the Park and Recreation Commission, who will then make recommendations to the City' Council based on the results. 7) FIRE RELIEF ASSOCIATION It will not be necessary for the Relief Association Board of Trustees to take formal action to appoint Meg Jones as a member of the Board of Trustees negotiation team. The original appointment of Mayor Sturdevant and Rita Petkoff to this team, along with the City Manager and Finance Director, was done by consensus, and therefore, the substitution of Meg Jones onto this team need only be done by consensus of the Board of Trustees. Additionally, the City Manager and Finance Director met with representatives of the Board of Examiners of the Relief Association to do an update on the process of negotiations. During that discussion, it was revealed that a bill had been entered into state legislator that would have affected the make-up of the Columbia Heights Fire Relief Association Board of Trustees. Since that time, this bill has either been pulled from consideration or failed to pass committee. It would appear for the moment not to be an issue. CITY MANAGER'S REPORT FOR CITY COUNCIL MEETING OF FEBRUARY 12, 1996 PAGE 2 8) FROZEN WATER SERVICES Due to the recent extremely cold weather conditions, we have had reports of approximately 40-50 frozen water services throughout the City, starting back on February 3. Service lines from the watermain to the house are the responsibility of the home owner under the city's policies. As such, they are responsible for the cost of having these lines thawed. Public Works crews do assist in locating the stop boxes for these homeowners and their contractors in order to facilitate the thawing procedure. We expect that this problem will continue as the frost is being driven deeper into the ground. It should be noted that Public Works did send out letters last fail to those homes that we have a record of past frozen service problems as a reminder to take precautions to prevent this from happening. 9) FINANCE REPORTING CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE For the last four years in a row, the City has received an award from the Government Finance Officers Association for Excellence in Financiai Reporting. In order to receive this award, the City's Comprehensive Annual Financiai Report must meet the highest standards in government accounting and financiai reporting. Attainment of this status reflects favorably in the city's financial rating. The Finance Department, especiaily June Johnston, Assistant Finance Director, are to congratulated for their efforts in bringing this recognition to the City. 10) MC GRUFF HOUSE Attached please find the semi-annuai report for the McGruff House Program. The Police Department has been attempting over the last couple of years to implement this program within the City. In a nutshell, the Mc Gruff House Program is one in which the occupants of the house can apply to the program, submit to a criminai background check, and can be orientated by the Police Department to the requirements of the program. Once accepted into the program, they display a placard in a prominent place on their house. School children are informed that in case they run into trouble, they can run to a house with the Mc Gruff House sign on it, and will be taken in until the authorities can be contacted. Sgt. Roddy has been working diligently on this program, meeting with the various parent groups and PTAs to solicit interest. 11) ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1996 LEGISLATIVE POLICIES I have in the City Manager's officer the final copy of the AMM Legislative Policies for 1996, should any of the councilmembers should wish to review it. Also, I have per the Council's direction, forwarded a letter to the Director of the A.M.M., indicating that the City is not interested in continuing our membership in this organization. If you have any questions regarding this, please feel free to contact me. 12) HABITAT FOR HUMANITY Attached please find a copy of the letter from the Twin Cities Habitat for Humanity in reference to the recently considered saie and authorization of a development agreement between the City and Habitat for Humanity for various properties within the city. 13) LEAGUE OF MINNESOTA CITIES PARKING PERMIT The League has sent to the City parking permits that can be used in the parking lot at the new League building. The parking permits will be left with the City Manager's Secretary for use by the Council and staff if they have business over there. Please feel free to contact the City Manager's Secretary if you intend to be going to the new League building. CITY MANAGER'S REPORT FOR CITY COUNCIL MEETING OF FEBRUARY 12, 1996 PAGE 3 14) SENATOR WELLSTONE'S VISIT TO THE GENESIS BUSINESS CENTER Attached please find the news release on Senator Wellstone's recent visit to the Genesis Business Center in Columbia Heights. As you are aware, this is a business incubator for emerging high tech companies. 15) 1996 NLC CONGRESSIONAL CITY CONFERENCE The City has received registration materials for the National League of Cities Congressional City Conference, which is to be held in Washington, D.C. on March 8-12. If any of the councilmembers are interested in attending, please contact my office. 16) REQUEST TO TEST WATER TOWER LOCATIONS FOR PERSONAL COMMUNICATION SERVICES TYPE ANTENNAE The City has been approached by a wireless communications consultant for permission to run some tests as to the acceptability of our water tower as a potential site for antennas used in the next generation of personal communication services, which are similar to cellular phones. This next generation of PCS will require the siting of approximately 200 or more antennae locations around the metropolitan area. Many cities have been approached on this, and a few have already written leases, for which they are receiving between $800-$1,000 a month for the use of their tower as an antennae site. These leases could potentially be a revenue generator for the City. Staff will be investigating the ramifications of this. I have met with representatives of the consulting firm, and unless there is objection from the Council, I will provide authorization to allow them to run some short tests from this site, to see if it is at all acceptable. I will bring the subject of possible uses of the water tower for this type of use to a work session in the near future. cb 96/13 City of Columbia Heights Recreation Department TO: FROM: RE: DATE: Mark Winson, Acting City Manager /~ Randy Quale, Recreation Director ~L/~ Operational Report, January 1 - 31, 1996 February 5, 1996 Ae Administration Work continues on the Park and Recreation needs assessment and opinion survey. The survey will be mailed to the residents on February 6. It is hoped to have the survey's results compiled by the end of March. A meeting of the Values 1st youth sub-committee that I co-chair was held on January 4 at Murzyn Hall. The next meeting will be held on February 15 at 5:30 p.m. at the Fridley Municipal Center. o Work continues on the upcoming Heights Happenings city newsletter (Janice McGhee- Fetzer is compiling the newsletter this winter). Copy for the newsletter is due by February 15. The newsletter will be mailed to residents in mid-March. As a FYI, the City's annual fireworks display has been scheduled for Saturday, June 22 at Huset Park as part of the annual Lions Jamboree. o New Recreation Program Coordinator Monica Nybeck was introduced to the City Council at their January 8 meeting. Recreation staff met with ISD #13 administrative staff on January 9 to discuss facility usage issues. Regular meetings will be held in the future to promote good communications, cooperative usage of facilities and programming opportunities. Met with Councilmember Don Jolly and Joyce Shellito on January 10 to discuss a variety of youth program issues. 8. Attended January 17 Columbia Heights Athletic Boosters meeting. o Attended a meeting of local Park and Recreation Directors on January 18 to discuss common concerns and issues. 10. Recreation staff meetings were held on the second and fourth Tuesdays. Recreation Department Operational Report - January 1 - 31, 1996 Page - 2 Be Ce Recreation 1. Fifty boys registered and began play in the Jr. Hylander Basketball program. 2. Twenty boys registered and began play in Jr. Hylander Wrestling program. 3. Twelve coaches attended the first level NYSCA coaches certification training course. 4. City staff met on January 24 to explore offering a Safety Camp this summer. The response was enthusiastic and planning of the event has begun. 5. The Northwestern Tennis Association donated 100 tennis balls to be used in a revamped youth tennis program. 6. The Old Fashioned Skating Party on January 20 was cancelled due to the extremely cold weather. The event will be scheduled again next year and the Recreation Department is excited to announce that the Huset Neighborhood Association will help sponsor the event again. 7. Monica Nybeck is busy planning the expanded "Back to the Parks" summer youth recreation program. SENIORS 1. Twenty seniors attended a coffee tasting in the senior center on January 11. 2. Eighteen seniors attended the film program at the Minneapolis Institute of Art on January 12. 3. Line Dancing classes started on January 16 with fifteen seniors participating. This is an eight session class. 4. Eighty-eight seniors participated in a trip to the Old Log Theater on January 25. 5. Thirty seniors participated in a Refresher Defensive Driving class on January 30. 6. The senior coordinator put information about the senior center in the display case at city hall which will remain up during the month of February. Recreation Department Operational Report - January 1 - 31, 1996 Page - 3 D. .John P. Murzyn Hall In 1996, twenty-six out of fifty-two Fridays and fifty-one out of fifty-two Saturdays are booked. In 1997, one out of fifty-two Fridays and twelve out of fifty-two (52) Saturdays are booked. A custodial staff meeting was held on January 9. Copies of the revised Murzyn Hall management plan and custodial staff manual were distributed. A Red Cross emergency shelter was set up in the Senior Center on January 18 - 19 due to the ice storm. While no one stayed overnight (except the three Red Cross volunteers and myself) we were ready, willing and able to assist anyone in need. The new concrete flower planters (purchased by Jean Kuehn on behalf of the Beautification Committee) were delivered to Murzyn Hall. 'This spring plans are being made for the Beautification Committee to fill the planters with a variety of flowering plants. This should really dress up the front of Murzyn Hall. Thanks should go out to the Public Works and Murzyn Hall staff (Bill Antzaras, Rick Kinkle and Scott Rockstad) who cleared the snow for the delivery of the planters. o Ray Franceen, Custodial II recently resigned his position. Two new Custodial II staff were hired; Ken Bloch and Roger Kruse. Currently, we have two Custodial I and three Custodial II staff on payroll. Plans are to hire one additional Custodial II staff to work approximately one shift per week and to serve as a substitute to cover open shifts. RQ/~m Admin: Op-Rpt. Jan CITY OF COLUMBIA HEIGHTS DATE: FEBRUARY 7, 1995 TO: FROM: MARK WINSON ACTING CITY MANAGER WILLIAM ELRITE FINANCE DIRECTOR OPERATIONAL REPORT JANUARY 1996 DEPARTMENTAL GOALS: 1995 Audit: Preparations are progressing well for the 1995 audit. During this time period, the major operation in the Finance Department is the close-out of the 1995 records in preparation for the audit. It is anticipated that, as in the past, all will go smoothly in the audit process. ISSUES, CONCERNS AND PROBLEMS: Ci_ty Telephone Equipment: The telephone room that houses all of the City's telephone switching equipment is located directly under the Police Department garage. Over the years the floor in the garage has deteriorated significantly. With this deterioration, it was recently discovered that the water that melts off the police cars in the garage runs into the phone room and drips directly onto the telephone equipment. Currently, the Police Department has reduced usage of the garage; however, if the floor in the garage is not repaired, the City runs the risk of significant damage to the telephone equipment that could easily amount to far more than the cost of repairing the garage floor. WE:dn 9602073 Columbia Heights Fire Department To: From: Subject: Date: Mark Winson, Acting City Manager Charles Kewatt, Fire Chief Operation Report February 6, 1996 Operation Report January 1996 A. Significant Accomplishments o Emergency Medical Calls - 122 Fire or Good Intent Calls - 135 Classification of Alarms Still Alarms - 247 Company Alarms - 6 General Alarms - 4 Total Calls for the Month - 257 Number of Total Calls Billed to Hilltop - 11 Training 264 Hours Station-Duty (paid-on-call personnel) 262 Hours Training (all personnel) Structure Fires with Property Loss - 2 Jan 6.. 965-42~Z Avenue NE .. Garage... Jan 19 . 4023-6th Street NE ... Two-Fam . Mutual Aid Given - 1 $1,000 ... Wood Stove $500 ..... Dryer Jan 1 .. Call #1-1 .. 0010 to 0430 hrs... Fridley Fire Station Ice Storm - Wednesday, January 17 (2123 hrs) to Thursday, January 18 (2146 hrs) 97 Storm related calls were received. In addition to on-duty crew hours, the following overtime hours were logged. Total Overtime hours ....... Paid: 18.75 hours, Volunteer:. 119.5 hrs B. Status of Department Goals 1. Inspection Depa~LLuent Stares Report No January Report available; will be included in February report. 2. Matthew Field and Rich Hinrichs attended the University of Wisconsin College of Engineering - Inspection School, January 22-24, 1996. Report attached. 3. A thank you letter was received from the Salvation Army during January summarifing the efforts of six volunteer Christmas bell ringers from the Fire Department (Matthew Field, John Larkin, Scott Linder, David Meyer, John Rogers, and Tim Ryan). Together, they volunteered 12 hours and raised $789.17. C. Issues or Problems 1. No Report. cwo:cf 96-36 Attachment Columbia Heights Fire Department To: Chief Kewatt From: Matthew Field Subject: Inspection School Date: January 29, 1996 As you know, Rich Hinrichs and myself recently returned from the three-day Inspection School which was put on by the University of Wisconsin, Madison College of Engineering. The school was divided into eight sections. Current health and housing problems, plumbing aspects of housing, electrical aspects and electrical safety in housing, f'u'e prevention inspections for housing, pests in the environment, heating and ventilation aspects of housing, housing inspection techniques, and legal aspects of housing code enforcement. The information was provided through detailed lectures from a wide variety of building code professionals. The most interesting part of the school was that the people attending the school were from all over the country. Twenty-three states were represented at the school and it was very informative to hear from other inspectors. From speaking with several inspectors, it appears that we are light years ahead of most of the states represented. I believe the concern for our community is that we need to continue to perform the HMC inspections on an annual basis or the housing stock will deteriorate rapidly. Some suggestions that were made by other Housing Inspectors is that we add some type of "point of sale" inspections and "commercial" inspections to our systematic inspection list. This type of inspecting would have a dramatic positive effect on our aging community, and assist in supporting the inspection program with added revenue. I look forward to meeting with the inspection staff to relate current inspection concerns. MF:cf 96-35 Note: Our new HMC slogan is, "Save the City!". COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor and City Council Members Thomas M. Johnson, Chief of Police~. Operational Report, January, 1996 February 2, 1996 I. Events/Accomplishments mo During the past month our policy and review committee was re-established and they began their work by reviewing our written directive system. We will be attempting to review two to three policies per month in order to update them and make any required changes. The officers seem very excited about the opportunity to have some input into this process. Bo The Heights Highpoints newsletter came out this month. We are getting some positive feedback on the informational content of the newsletter. The officers involved with the process did an excellent job. Co During the month we received training in the Corvel Managed Care system. As with any new change, some members were hesitant at first, but I feel the Corvel representa- tive did a great job of answering questions and filling in any blanks that may have existed. Do We hired a new CSO in January. Her name is Judy Menth and she comes to us by way of New Brighton Police Department. Judy worked as a records clerk in New Brighton and has been part of their Reserve Police Officer program. Judy grew up in the Fridley area and is very familiar with the Columbia Heights area. Judy hopes to become a police officer someday and is currently taking classes for this. We are looking forward to Judy starting work on February 14, 1996. Uo We sent in our grant proposal for the Governor's Safe Streets Initiative during the month. We have requested $40,000 which, if we are successful in getting the money, will be used for a variety of proactive programs. We are looking forward to hearing from the state soon. Fo During the month Captain Olson and I met with the Hilltop City Attorney in order to try to convince Hilltop to adopt our ordinance on conduct, trespass, and rental permits. We had good discussion, and they will consider these changes at their council meeting on February 18, 1996. Captain Olson will attend this meeting in order to answer any questions they may have regarding these ordinances. Mayor and City Council Page 2 February 2, 1996 G. During the month Sergeant Roddy and I completed intoxilyzer 5000 recertification. III. Issues/Problems mo On January 30, 1996, I suspended with pay probationary officer Jaret Stoffregen through February 2, 1996. Officer Stoffregen has not satisfactorily completed his probationary process. I gave him this time in order for him to decide if he would rather resign than be terminated from employment. Jaret failed to show up for his scheduled meeting with me on Friday, February 2, 1996, and I have sent him his termination of employment notice via certified mail. We will be requesting replacement of Officer Stoffregen immediately. At the time of this report, the statistical information for the month of January was not complete. We will forward this information as soon as completed. TMJ:mld 96-046 CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: MARK A. WINSON ACTING CITY MANAGER KATHYJEAN YOUNG ~ ASSISTANT CITY ENGINEER OPERATIONAL REPORT - JANUARY 1996 FEBRUARY 5, 1996 SIGNIFICANT ACCOMPLISHMENTS General Responded to 41 Gopher State One-Call requests. Completed remodeling the Police Chief's Office. Removed Christmas decorations from downtown area. Storm damage cleanup - approximately 40% of the trees in the City were damaged by freezing rain. All crews were involved in cleaning up the broken branches and trimming damaged blvd. trees. Estimate that the work is 30% complete. Parks Moved equipment from outside storage into the new storage building. Fluorescent light fixtures were replaced at Ostrander Park. Maintained skating rinks. Maintained sliding hill. Remodeled the Assistant City Engineer's Office. Remodeled the paint storage area on the main floor of MSC. Assisted Street Department with snow removal. Assisted Street Department with snow plowing. Maintained sidewalks as needed. Streets Trimmed trees on Jefferson east side, 40th to 49th. Removed snow on 49th Ave., Central to Fillmore. Mixed salt sand 3 times. Sanded. Removed snow Central Ave., 41st to 46th. Operational Report - January 1996 February 5, 1996 Page 2 Removed snow 39th Ave., Van Buren to Central. Filled sand barrels two times. Sanded and plowed after major freezing rain storm. Plowed main drags only in an effort to remove the ice buildup. S&W Repaired broken watermain at 4530 Taylor. Replaced a circuit board in the control panel at the water tower. Repaired broken watermain at 1120 Lincoln Terrace. Repaired broken watermain at 4064 Reservoir Blvd. Rodded sanitary sewer in SE Quadrant. Assisted Street Department with plowing and snow removal. Purchased new Leroi 185 CFM air compressor. Repaired broken watermain at 4151 Main St. Shut off 56 delinquent accounts. Gopher State locates - 22. Cleaned snow away from hydrants. Installed 6 new meters. Engineering Mill Street. LaBelle Pond dredging. Central Ave. project. Overlay on 38th and 39th Avenue, University Ave. Service R& to Jefferson St. 1996 Street Striping project. Plotter specifications. LaBelle pond aerators. Project as-builts. Project administration. Miscellaneous permits, surveys, computer input, drafting, filing and training. Seminars KKY:jb 96-081 COLUMBIA HEIGHTS PUBLIC LIBRARY 3£0 - 40I;'~ A:/~NUE ;'I, COLU~';~BiA HE!GHTS, ~'~I,H -- ,~ ~HONE: (6~) 782-2S0~ FAX: (612) 732-2304 [II. CITY OF COLUMBIA HEIGHTS TO: FROM: Mark Winson, Acting City Manager M. Rebecca Loader, Library Directori]~U~ SUBJECT: January operational report DATE: February 2, 1996 Significant Accomplishments A. The Friends met on 1/8 with nine members present. B. The Board met on 1/9 with all members in attendance. C. Senior Citizen Time on 1/10 drew 14 people. Departmental Goals A. The frame relay proposal was approved by Council on 1/22. The circuit has been installed and the hardware ordered. B. Becky, Mary, and Marsha attended Corvel training on 1/9. C. Becky attended the public service meeting on 1/11 for the County. D. The planters purchased by the Beautification Committee were delivered on 1/12. E. Becky met with Joanne Meyers, president of the Anoka County Genealogical Society, on 1/22. She is interested in compiling an inventory of materials available at the library for use by members of the Society. She also donated a name index to Goodrich's History of Anoka County to the library. F. Two page review classes were held in January: paid fors/refunds and patron cards. G. Becky, Marsha, and Jeanine taped "Your Gateway to Information" on 1/24 for broadcast on channel 16. H. Jeanine and Kelly attended Municipals on 1/25. I. Marsha presented a talk on selecting books for preschools to two sections of ECFE parents on 1/30. Issues and Problems A. The library's server over-heated on 1/19. B. Phone lines and heat were down on 1/31. Circulation 1994 1995 Adult 5308 4453 Juvenile 3497 2963 8805 7416 Working days 24 23 December LIBGIS Reference Dir. A Dir. B Working days 1994 1787 122 49 24 1995 1645 132 38 23 FIPRINTED WITH ISOY~NK recycled paper On Thursday, January 25, 1996, I had the opportunity to attend the Municipal's Winter Workshop. We had three speakers cover a diverse range of topics that day. The morning session consisted of two topics. The first topic was "Desk for Success", presented by Pam Hix and Louise Kurzeka. These two women gave a very informational program on how to make your desk and workspaces neater and more efficient. They covered ideas on how to set up a filing system and how to prevent clutter. I was presented with many helpful hints that I will implement in my work area. The second set of speakers dealt with information relating to the Minnesota Government Data Practices Act. A great deal of information was given to us in a short period of time. Donald Gemberling, Director, Public Information Policy Analysis Division, Dept. of Administration, State of Minnesota, was the first presenter. Mr. Gemberling gave a quick overview of what the law states and also gave examples of questions his office deals with. Dianne Krough and Desyl Peterson did a short roll playing skit about giving out personal information within the workplace. After the speakers, there was a question and answer period of about 45 minutes. Judging by the questions asked this was not nearly long enough. This presentation raised many questions in my mind and also heightened my awareness of what information we can and cannot give out and the vulnerable position everyone is in. The final speaker of the day was Karl Malle, he was very upbeat and interesting. He provided us with ideas on how to energize ourselves by having an energized attitude! He emphasized that realistic thinking has to be what we base expectations on. He also spent a portion of his allotted time talking about how to communicate effectively with the opposite sex. He cited many examples from the book by John Gray Men are from Mars, Women are from Venus, on how men and women think differently and gave suggestions on how to respect the differences, reframe your ideas and readjust your language to deal effectively with one another. I appreciate the opportunity to attend this workshop and feel that it was extremely pertinent and beneficial to my being a more effective employee. ¢'eanine M. Schmidt On Thursday, January 25, I had the opportunity to attend the Munici-Pals Winter Workshop. Our first speakers were Pam Hix and Louise Kurzeka, from Everything in its Place, Inc. Their presentation was entitled: Desk for Success: Improve Your Work Environment and Outlook. They provided creative ideas to eliminate clutter, both on the job and off. The first thing you need to do is: Think organized! Think in terms of progress, not perfection. When a piece of paper crosses your desk, determine immediately what needs to be done with it. Using calendars was another important point, and then add closure to the end of your day, getting ready for the new work day tomorrow. I immediately put some of these things to work, and found that it was contagious. This can be done. The second group of speakers included: Donald A. Gemberling, Director, Public Information Policy Analysis Division, Dept. Of Administration, State of Minnesota. Dianne Krogh, Assistant City Manger/Clerk, City of West St. Paul, and Desyl Peterson, City Attorney, City of Minnetonka. Their topic was Data Practices: Issues and Updates. We could have easily spent an entire day on this, I felt. There were a lot of questions and concerns on the type of information that can be given out to people. Basically, all government date is assumed retrievable unless protected by a statute, a person is entitled to free inspection, unless there is a cost for copying. They stressed that there should be a policy/procedure established so that requests for access to government data maintained are received and complied with in an appropriate and prompt manner. There was a lot of information to digest in such a small amount of time, but very interesting questions were raised and addressed by this talented panel. The last topic: Equal Yet Different - How to Communicate with the Opposite Sex. Karl Mulle, of Bruce Christopher Seminars presented an interesting approach on the differences of men and women as far as communication goes. He talked about the contrast of how men and women speak to each other. Women speak in paragraphs, with drama and much detail, and then finally getting to the bottom line (he says). Whereas men usually tend to want the bottom line first, without getting into a lot of the details. In order for us to be able to communicate better, you need to be able to readjust, to "learn the language" of the opposite sex. Instead of trying to change the other person to be more "like me", you need to try and accept the differences, because you won't be able to change them. Another item he touched on was the power of attitude. Attitude not only predicts success and shapes your mood, but is actually contagious. Now this is something that could use a little spreading around. An interesting group of speakers/topics not only made this an educational experience but an entertaining one as well. Kelly Olson Clerk-Typist II- Library COLUMBIA HEIGHTS CIVIL DEFENSE TO: Mark Winson, Acting City Manager FROM: Chaflie Kewatt, Deputy Civil Defense Director SUBJECT: Operational Report, Ice Storm of January 18, 1996 DATE: February 8, 1996 On Thursday morning, January 18, 1996, following the ice storm of the previous evening, it became clear that a significant number of households in Columbia Heights were without power, and consequently, without heat. Because of the widespread electrical outages throughout the metro area, it became apparent that it might be a considerable time before NSP would be able to restore electrical power to these residents. This, coupled with the intense cold temperatures, caused us concern about the welfare of the residents without heat. Consequently, that morning I scheduled a meeting for 1:00 P.M. that afternoon with City Manager Pat Hentges, Public Works Director Mark Winson, Police Chief Tom Johnson, Assistant to the City Manager Linda Magee, and Civil Defense Secretary Mary Dugdale to assess the situation and decide on a course of action. At our meeting, it was determined that some residents could be in need of shelter. I had called the Red Cross to request a shelter be set up at Murzyn Hall. It was determined that a press release would be distributed to WCCO radio, all of the local television stations, and the Star Tribune, announcing the availability of the shelter and instructions to our residents on dealing with the power outage. The press release was drafted by the group. Copies were distributed to the media and to various City departments involved to ensure all departments were giving out the same information to callers. A notice was also put on our local cable television station. Notification was made to Anoka County Emergency Services Director Bruce Wojack, to the State Division of Emergency Management, and to Anoka Central Communications that a shelter was available. Through notification to these agencies, it was later determined to allow residents from adjacent communities (i.e., Fridley, Blaine) to use the Murzyn Hall facility if necessary. The Recreation Director was in charge of managing the shelter. The Fire Department fielded calls from residents with medical concerns and kept a log of calls from residents with problems caused by the power outage. Public Works received and responded to many calls regarding downed trees and branches. The result of our actions was that a shelter was provided for several communities. While we had inquiries and offered shelter to some callers, we had no persons actually use the shelter. As a consequence, the Red Cross closed the shelter at 8:30 A.M. on Friday, January 19. At the February 7 Metro Emergency Managers meeting, a debriefing and critique of the storm and the emergency managers response to it was conducted by the members, the Red Cross, the State Department of Emergency Managers, and a representative of NSP. Columbia Heights received compliments on their prompt response and their instructions/press release, to be referenced for future emergencies of this nature. At the close of this meeting, the NSP representative handed the Red Cross representatives a check for $10,000 in appreciation of the work done and the fact that no lives were lost during this emergency. mld cd96-08 02/07/96 WED 14:48 FAX 612 427 8872 SENATOR ROD GRAMS ~002 NEWS FROM ROD GRAMS For Immediate Release Contact: Peter Hong January 31, 1996 202-224-3244 GRAMS ANNOUNCES SCHEDULE FOR COLUMBIA HEIGHTS "LISTENING HOURS" Senator's staff to hold "office hours" in col umbi a Hei 9hts Anoka, MN -- U.S. Senator Rod Grams today announced that his staff will hold "listening hours" in Columbia Heights on Tuesday, February 13 from 2:00 - 4:00 PM in the Council Chamber at City Hall. A representative from Grams' office will meet with constituents to hear views on issues or to discuss individual casework problems. According to Grams, the listening hours sessions will bring his office directly to the people he represents, and he encouraged constituents from the Columbia Heights area to attend. "Listening hours present a great opportunity for my office to meet face to face with the people of Columbia Heights on an individual basis -- to hear their views on issues facing Congress or to work directly on casework problems created by the federal bureaucracy," said Grams. "The feedback we receive from these meetings will be invaluable in my efforts to best serve the residents of Columbia Heights and all of Minnesota." from February 12 - 23. meeting. Grams said that a series of "listening hours" sessions have been scheduled A representative of Grams' staff will be available at each -. -, McGRUFF HOUSE ~ ~!$EMI-ANNUAL REPORT August 1, 1995 to Period/Year December 31, 1995 Agency: Columbia Heights Police Department Address' 559 Mill Street NE Columbia Heights, ~ 55421 Person Completing Report: sgt. William J. Roddy Daytime Phone Number: ( 612 ) 782-2840 Date of Completion: January 5, 1996 Indicate the correct number for each item below during the reporting periocl' 1. Households participating at end of period: 2. Households participating at beginning of period: 0 3. New households added during the period: 4. Households that reapplied for McGruff House during'the period: n/a 5. New households that applied to be McGruff Houses during the period: 9 6. Households that were rejected during the period: 0 65 . 15. 16. List any special public awareness efforts you have undertaken and attach (newspaper articles, newsletter items, PSAs, etc.). No additional promotions since first half of year. Provide a brief description of each instance where a McGruff House was used by a child in need of assist_~ce during the reporting period. Date n/a Circumstance Date Circumstance Date Circumstance Date Circumstance 17. (Use additional sheets if necessary.) Please make any general observations or comments about your experience with the McGruff House Program. This fall we conducted our first training for applicants and issuance of signs. Program interest is growing, future presentations are being scheduled. NATIONAL MCGRUFF HOUSE NETWORK OR MCGRUFF HOUSE STATE PROGRAM COORDINATOR Keep a copy for your files. See Appendix Item (A) 67 McGruff House Volunteer Orientation AGENDA INTRODUCTION: Police Officers, PTA Members, School Representatives II. PURPOSE: Identify ~nd explain what participants should accept responsibility for - what situations they should become involved in III. POLICE OFFICERS - Identify potential problem areas; i.e. business strip, m~lls IV. VIDEO (if available) V. REVIEW McGRUFF HOUSE OPERATING GUIDELINES - (hand-out) Responsibilities/Duties flyer VI. SOLICIT QUESTIONS, clarification of any points VII. RENEW,~I. PROCESS - repeat record checks, application process (household occupants may change) TAKE A BITE OUT OF Twin Cities Habitat for Humanity lOth Anniversary "Bziildi~Tg January 19, 1996 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Dear Mr. Hentges, I am writing to express to you and to the City of Columbia Heights the positive and enthusiastic response of Twin Cities Habitat for Humanity to the City's expressed desire to provide nine vacant residential lots to our organization over the next three years, for the purpose of developing affordable, single-family owner-occpied homes on these sites. We are especially pleased that your plans will make available to Twin Cities Habitat a number of lots that are in close proximity to one another, on Taylor, Fillmore and Pierce Streets, in the Sheffield neighborhood of Columbia Heights. This will enable our organization to develop these homes in a most cost effective manner, and will help to build a very strong sense of community in that neighborhood. More precisely, it is my understanding that this partnership between Columbia Heights and Twin Cities Habitat for Humanity will consist of the following characteristics: Plans for each of the nine homes will be submitted by Twin Cities Habitat to the City for its approval prior to conveyance of the lots to Twin Cities Habitat. It is Twin Cities Habitat's intent to utilize a variety of house designs for the nine homes to be built as part of this collaboration. It is Twin Cities Habitat's understanding that at least two of the first six lots and at least one of the last three lots conveyed to Twin Cities Habitat by the City must be sold to families whose incomes fall within the HOME program guidelines. It is also our understanding that all families chosen by Twin Cities Habitat have incomes which fall within the HOME program's guidelines. It is our Twin Cities Habitat's understanding that the City will require small, attached double garages on two of the homes -- those located on the corner of Taylor and 45th Avenue, and the corner of Taylor and 46th Avenue. Twin Cities Habitat will incorporate such garages into the plans for those homes. (more) .300l I,'ottrt[~ Street S.E. · Mirt~eapolt's, ,lin ~5414 ° (612)331 4090 · (612)331-1540 Fax Mr. Pat Hentges City of Columbia Heights January 19, 1996 page 2 As I mentioned earlier, we are extremely excited about this partnership with Columbia Heights. If the City Council approves this arrangement, it would enable our volunteers to devote their energies to the critical tasks of finding well-qualified families to purchase these homes, and of recruiting and coordinating the hundreds of other volunteers whose time and skill will be needed to build these homes. This commitment from Columbia Heights, if approved, would also serve as a model for many other communities to follow' in their efforts to improve their housing stock and their portion of owner-occupied homes in their community. We are so grateful to you, to Don Schneider, and to the Mayor, the City Council, and the Housing and Redevelopment Authority for the excellent leadership you have demonstrated in your support of Twin Cities Habitat for Humanity through the years. If there are any questions you have about the points I have covered in this letter, or if you should need any additional information, please do not hesitate to contact me. Very truly yours, Stephen Seidel Executive Director OOUNTY OF ANOKA Office of Governmental Services Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2265 (612) 323-5680 ...... Contact: Tom Stoltz, 323-5744 FOR IMMEDIATE RELEASE January 24,1996 SENATOR WELLSTONE TOURS ANOKA COUNTY JOB CREATION MODEL Senator Paul Wellstone was joined by Anoka County Commissioners Dan Erhart and Jim Kordiak and area business leaders on a tour of the Genesis Business Center in Columbia Heights on January 17. The Genesis Business Center was formed in 1993 in cooperation with the Anoka County Economic Development Partnership (ACEDP) to act as a business "incubator" for emerging, high- tech companies. The incubator, when combined with the Anoka County Capital Fund and matching Urban Initiative Fund to provide equity investments to startup companies, produces a job creation model which is unique in the United States. Genesis operates on a for-profit basis and provides small companies with fundamental services such as management consulting, financial counseling, office space, and introductions to potential investors. In return, Genesis receives a percentage of stock in the new businesses, an exchange that helps beginning entrepreneurs conserve working capital for salaries and other important expenditures. "Our approach to investing in the startup companies is an extremely inventive, cutting-edge method in economic development," said County Board Chair Dan Erhart. "By offering an attractive, yet practical business package to emerging companies, we are creating good jobs in Anoka County and attracting important business ventures to the entire State of Minnesota." -more- TDD/'I-I'Y: 323-5289 FAX: 323-5682 Affirmative Action / Equal Opportunity Employer Wellstone Tour add one "The enthusiasm and innovative excellence that I see here at the business incubator is inspiring," said Wellstone who has championed small business support at the federal level. "Real job growth is being achieved with emerging and small businesses, and this center is not only a tremendous benefit to the citizens of Anoka County, but it also provides great economic promise for the rest of the state." Beyond providing office space and startup services, Genesis helps emerging companies by arranging initial investment funds through progressive community development groups like the Anoka County Capita! Fund, which is supported by the Anoka Ccun%, Board, seven Anoka Count! banks, and the Anoka Electric Cooperative. Investment funds are important to small business because investment money creates equity and often helps an emerging company avoid debt. Genesis and ACEDP also assist new companies in obtaining Minnesota Trade and Economic Development Urban Initiate Fund dollars which target job creation efforts in urban areas. Harlan Jacobs, an experienced business investor and president of the Genesis Business Center, told Wellstone that the incubator shows that public sector/private sector collaborative efforts really work. "This is a job creation model that practices economic development the old fashioned way. Unlike economic development programs that only generate jobs paying minimum wages, we produce business careers that pay good, liveable salaries. Currently, eight companies have offices in the Genesis Center and develop products ranging from specialized medical devices to specialty tiber-optic sensor systems. One manufacturer, Tracking Technologies, Inc., markets a criminal apprehension system which uses exclusive, trademark technology. Tracking Technology, Inc. is currently seeking a patent for its system. The Genesis Business Center is located in the Columbia Heights Business Center at 3989 Central Ave. NE. -30- TS:si MINUTES January 9, 1996 Before the meeting was called to order, Don Jolly made a presentation to the Board explaining the "values first program" that is being promoted in Columbia Heights. Brochures were distributed and the value highlighted this month is "respect". The meeting was called to order by President, Barbara Miller. Those present were: Nancy Hoium, Pat Sowada, Richard Hubbard, Don Jolly, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the December 5th, meeting as mailed. The December 20th list of bills was reviewed. It was moved, seconded and passed that they be paid. The December 26th list of bills was reviewed. It was moved, seconded and passed that they also be paid. The December 29th list of bills was reviewed. It was moved, seconded and passed that they be paid. The 1995 accounting was reviewed. The January 9th, bill list was reviewed. These are 1996 bills. It was moved, seconded and passed that they be paid. The 1996 accounting was reviewed. Old Business: 1.) 2.) 3.) The camcorder policy that expired on 12/31/95 was reviewed and discussed. Due to the responsibility problems and difficulty with patrons the camcorder created, the Board chose to not extend the policy. The camcorder will be used internally by the department for production of library programs. The need for more t-shirts like those that were worn in the 1995 Jamboree Parade was discussed. It was decided that the 4 extra large t-shirts that were purchased last year would be sufficient. An update on the 1996 budget was presented. The levy for the library in 1996 was approved by the City Council at $413,768. This is the figure the City Manager recommended. The areas of the budget that were cut are: expert and. professional services, training and education, repair and maintenance, and rents and leases. New Business: 1.) A Policy Manual review was conducted: ao The collection development policy was reviewed. It was moved, seconded, and passed to re-affirm this policy effective 1/9/96. Facility use policy was reviewed. A change was recommended to the cost of after hours charge. The fee should be raised from $20.00 to $30.00 per hour with a two hour minimum of $60.00. It was moved, seconded, and passed to approve the amended facility use policy. The guidelines for accepting donations of used books and magazines was reviewed. Changes were made to item 2 (what would not be accepted) to include encyclopedias and other reference books. It was decided to delete that phonograph records and cassette tapes would be accepted. It was also suggested to include a statement that: All donations of used books and magazines made to the library become the property of the library and the library is free to use and/or dispose of them as seen fit. It was moved, seconded, and passed to accept the amended guidelines for accepting donations of used books and magazines. The distribution of brochures, newspapers and newsletters was reviewed. It was moved, seconded, and passed to reaffirm this policy effective 1/9/96. eo The replacement of lost and/or damaged materials policy was reviewed. It was moved, seconded, and passed to reaffirm this policy effective 1/9/96. f° The use of personal electrical and communications equipment in the library policy was reviewed. It was moved, seconded, and passed to reaffirm this policy effective 1/9/96. 2.) The sharing and caring holiday tree brought in 76 pounds of food that was donated to the S.A.C.A. foodshelves. 3.) Two boxes of toys were collected for Toys for Joy. 4.) The Friends of the Library collected 131 books for Project Bookshelf. 5.) Crystal Mielke has completed training and is now working regular shifts. Heather Cook resigned effective December 30, 1995. Her hours are being covered by the remaining pages. 6.) City pins were distributed to the Board members. 7.) Crossover statistics were reviewed. 8.) The resignation letter from the City Manager, Pat Hentges, was reviewed. The Board was informed that Mark Winson, Public Works Director, has been named Acting City Manager. He will work with Pat beginning January 22, 1996, and will be taking over when Pat leaves on February 2. The Board would like to invite Mark to come to a future Library Board meeting to update him on what goals the Board is pursuing. Perhaps an invitation to the March meeting would be possible. 9.) The Board was updated on the status of the frame relay system. Things are moving very quickly, U.S. West will lay the circuits. A council letter is being drafted and will go before the City Council on January 22, 1996, for approval. 10.) Anoka County Library staff newsletter was reviewed. The items pertaining to the automation update including the frame relay system and computer upgrade were highlighted. 11.) A note sent by a patron who is from Taiwan was shared with the Board. The note commended Kelly Olson, of the Children's Department, for all of her help and expertise in getting materials for the patron and her son and in acquainting them with how a public library system works. 12.) Historical Society of Anoka County has approached the library trying to get more history from the southern part of the county and also for someone to serve on the historical committee. 13.) The future of the long range plan was discussed. It will be necessary to narrow the vision and complete some projects that are a priority. There being no further business the meeting was adjourned. Respectfully submitted, jeanin¢ M. Schmidt, Secretary to the Library Board of Trustees. The CIO,' 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. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION FEBRUARY 5, 1996 "THESE MINUTES NOT APPROVED" The Traffic Commission was called to order at 7:00 p.m. I. ROLL CALL Present: Carlson, Goodman, Jolly, Sturdevant Absent: Duda Staff present: Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief II. APPROVAL OF DECEMBER 4, 1995 MINUTES Motion by Goodman, second by Sturdevant to approve the minutes of the December 4, 1995 meeting with the addition of the notation that Jolly was absent from the meeting due to being out of State on City business. Roll Call: All ayes. III. OLD BUSINESS None. IV. OTHER OLD BUSINESS None. V. NEW BUSINESS REQUEST FOR PARKING ORDINANCE CHANGE TO ACCOMMODATE A BUSINESS IN THE 4000 BLOCK OF CENTRAL AVENUE. Ms. Amy Ferman, owner of Pro Billiards at 4040 Central Avenue, has requested the Parking Ordinance be changed to accommodate her business hours. Currently the Parking Ordinance prohibits parking on City streets fi'om 2:00 a.m. to 6:00 a.m. November I through March 31. Pro Billiards is open from 11:00 a.m. to 4:00 a.m., two hours after the parking ban goes into effect. Ms. Ferman has requestedpatrons be allowed to park on Central Avenue when her business is open for both customer safety and convenience. Staffreported that Mn/DOT plows Central Avenue driving lanes. The City is responsible for snow removal operations on Central Avenue and most of the work is done at night and early morning hours because of the heavy daytime traffic on Central. Snow banks which accumulate on the sidewalk are removed once or twice a season. Ms. Ferman indicated that the parking ramp behind the building is available but some of the female customers do not feel safe parking in the back. There has been some vandalism. Her customers want convenient parking and no cars parked in front of her business makes it look like she is closed. Official Proceedings Columbia Heights Traffic Commission February 5, 1996 Page 2 The City does not have a Snow Emergency Route. Commissioner Jolly asked staff to check with the State to see what impact parking in that area has on their plowing operations. He suggested rather than amending the ordinance for one block on Central, that issuing permits might be a possibility. Commissioner Carlson stated he was not in favor of amending the ordinance for one business and was in agreement with a permit arrangement during the winter months. Motion by Sturdevant, second by Jolly, to have staff look into issuing of permits for parking in the 4000 block of Central Avenue during the winter months. Roll Call: All ayes. Motion by Sturdevant, second by Goodman, to deny the request to change the Parking Ordinance. Roll Call: All ayes. Commission members asked Ms. Ferman to contact Police Chief Johnson to discuss the ticketing issue. REQUEST FOR CHANGE IN CURRENT SIGNAGE OF "30 MINUTE PARKING" TO 2 HOUR OR 3 HOUR PARKING IN FRONT OF 848 40TH AVENUE N.E. Ms. Diane Clermont of Diane's Beauty Shop at 848 40th Avenue N.E. has requested the parking limit in front of her business be changed from "30 minutes" to a 2 or 3 hour parking limit. Customers are normally in her shop longer than 30 minutes. Commissioner Carlson stated that the businesses who wanted the "30 minute" parking are no longer there now. Motion by Carlson, second by Goodman, to call a Public Hearing for March 4, 1996, at 7:00 p.m. to designate a maximum of 2 hour parking restriction on 40th Avenue from Jackson Street to Van Buren Street. Roll Call: All ayes. REQUEST FOR "NO PARKING" ZONE ON THE WEST SIDE OF TYLER STREET AND POLK STREET NORTH OF 37TH AVENUE. The School District has requested "no parking" be designated on the west side of both Tyler and Polk Streets from 37th Avenue to 40' north of 37th Avenue. For safety reasons the buses travel west on 37th Avenue and pick up the children on the north side of 37th Avenue. This eliminates the need for any children to cross 37th Avenue. With the intersection configuration at Tyler Street and Polk Street, it is difficult for the buses to make the turn onto northbound Tyler Street and Polk Street from westbound 37th Avenue. The curbs are painted yellow but in the winter they are covered with snow. Mr. Dennis Schultz of the School District was present and further explained the difficulty in making the tums onto northbound Tyler and Polk Streets. Staff suggested that "no parking" signage be placed 30' back from the intersection. Motion by 5turdevant, second by Goodman, to place "no parking here to comer" signs 30' from stop signs a~ 37th and Polk and Tyler. Roll Call: All ayes. Official Proceedings Columbia Heights Traffic Commission February 5, 1996 Page 3 VI. VII. REQUEST FOR REMOVAL OF STOP SIGN AT 41ST AVENUE AND STINSON BLVD. DURING THE WINTER MONTHS. The Public Works Department has received several calls concerning the northbound stop sign at the intersection of 41st and Stinson Blvd. Drivers have stated that they do not stop for this sign because they are afraid they won't be able to make the hill. With normal winter conditions, the Street Department can keep the northbound hill clear of ice and snow. This winter that has not been possible. Commission Members felt that the stop sign should be kept in place as it is late in the winter season but would put it on the agenda in September for discussion. Motion by Goodman, second by Sturdevant, that no action be taken at this time. Roll Call: All ayes. OTHER NEW BUSINESS None REPORTS A. CITY ENGINEER The March meeting will be cable casted. B. POLICE CHIEF Police Chief Johnson reported that Police and Public Works are working together to clean up the streets from the heavy ice and snow problems we've had this winter season. C. COMMISSIONERS Commissioner Sturdevant asked for background information on when Monroe Street became a one- way. Also, why 52nd Ave. was made a one-way street and the reason for the barricade on 53rd. Commissioner Carlson explained both items. VIII. ADJOURNMENT Motion by Carlson, second by Sturdevant, to adjourn the meeting at 8:10 p.m. ~anne Baker Traffic Commission Secretary MINUTES REGULAR HRA MEETING J~NU~Y 29, 1996 The Regular Meeting of the Housing and Redevelopment Authority Board of Commissioners was called to order by chair Murzyn on Monday, January 29, 1996 at 5:30 p.m. in the city Hall Conference Room, 590-40th Avenue N.E., Columbia Heights, Minnesota. Roll Call. Chair Murzyn called the meeting to order. Commissioners Present: Bruce Nawrocki, Eusebius Heintz, Patricia Jindra, Richard Dustin, Donald J. Murzyn Jr. Staff Present: Tina Goodroad, Acting Executive Director; Becky Townsley, Secretary; Jim Bettendorf, Parkview Villa Housing Manager, Pat Hentges, City Manager. Others Present: Mark Winson, Steve Bubul, Harold Hoium. Approvinq Minutes. Nawrocki made a motion, Heintz seconded to approve the Minutes of the Regular HRA Board of Commissioners Meeting of December 19, 1995 as presented in writing. Roll Call: All Ayes. Communications/Reports. Jim Bettendorf, Parkview Villa Housing Manager reviewed his monthly report and answered commissioners questions. Housinq and Redevelopment Authority Business: A. Approve Resolution 96-01, Resolution Relating to the Transfer of Housing and Redevelopment Authority (HRA) Projects and Programs to the Columbia Heights Economic Development Authori- ty (EDA). This resolution will transfer all HRA outstanding contracts, activities and programs, owned assets and HRA owned property, to the EDA. Heintz made a motion, Jindra seconded approval of Resolution 96-01, Resolution Relating to the Transfer of Housing and Redevelopment Authority Projects (HRA) and Programs to the Columbia Heights Economic Development Authority. Roll Call: All Ayes. Items from the floor. As a result of the action taken, the HRA being transferred to an EDA, there will be some personnel changes to the Board, the EDA will gain 3 City Council members and lose one HRA member, Commissioner Bruce Nawrocki. Chair Murzyn took this opportunity to present Commissioner Nawrocki a plaque in appreciation of his years of service on the HRA Board. Adjourn. Heintz moved, Nawrocki seconded a motion to adjourn the meeting at 5:45 p.m. Roll Call: All Ayes. Respectfully Submitted, Rebecca Townsley HRA Secretary D. J. Murzyn Jr., Chair MINUTES COLUMBIA HEIGHTS ECONOMICAL DEVELOPMENT AUTHORITY MEETING JANUARY 29, 1996 The First Regular Meeting of the Columbia Heights Economic Development Authority (EDA) Board of Commissioners was called to order on Monday, January 29, 1996 at 6:00 p.m. in the City Hall Conference Room, 590-40th Avenue N.E., Columbia Heights, Minnesota. Roll Call. Commissioners Present: Eusebius Heintz, Richard Dustin, Donald J. Murzyn Jr., Patricia Jindra, Meg Jones, Gary Peterson, Bob Ruettimann Staff Present: Tina Goodroad, Acting Executive Director; Becky Townsley, Secretary; Jim Bettendorf, Parkview Villa Housing Manager; Pat Hentges, City Manager; Mark Winson, Acting City Manager; Steve Bubul, Attorney. Others Present: Hordl Hoium. Filinq of city Documents: city Manager files the following: - Certified copy of City Council minutes setting public hearing on the enabling resolution establishing the EDA; - Affidavit of publication of notice of hearing on the enabling resolution; - Certified copy of the city Council minutes showing record of hearing and adoptions of the enabling resolution; - Certified copy of enabling resolution; - Certified copy of Council resolution approving Commissioners appointments; - Affidavit of publication of notice of organizational meeting of the EDA; The City Manager Pat Hentges reported that there were certain City Documents that needed to be filed. He indicated that on completion of this meeting he would have someone prepare a booklet with all the documents, and an outline of state laws put into a notebook for each commissioner. Oaths of Office: City Manager Hentges administered the "Oath of office" to the new Economic Development Board of Commissioners and will file copies of the oaths in the permanent records of the EDA. Heintz made a motion to appoint Don Murzyn as President Pro Temp. Jones seconded the motion. Roll Call: Ail Ayes. city Manager Hentges reviewed the Bylaws of the Columbia Heights Economic Development Authority and pointed out that the annual and regular meeting dates needed to be established. After discussion a motion was made regarding the Bylaws. Heintz moved, Jindra seconded a motion that the Bylaws drawn-up by our attorney, be accepted with the amendment of the third Tuesday of each month being set for the regular meetings and January being set for the annual meeting at the designated time of 7:00 p.m., also with Parkview Villa Highrise being determined as the regular meeting place. Motion passed unanimously. MINUTES EDA MEETING JANUARY 29, 1996 PAGE 2 Election of Officers: Attorney Steve Bubul informed the Board that the Secretary and Assistant Treasurer, although elected officers, do not have to be voting members of the Board. Jindra made a motion, Jones seconded to elect Becky Townsley - Secre- tary; City Manager (Mark Winson in the interim) - Executive Director; Bill Elrite - Assistant Treasurer; Community Development Director (Tina Goodroad in the interim) - Assistant Secretary; and Community Develop- ment Director (Tina Goodroad in the interim) - Deputy Executive Director. Roll Call: All Ayes. Nominations were opened for President of the EDA. Jones made a motion to nominate Don Murzyn for President of the EDA, Heintz seconded. Roll Call: All Ayes. Jindra made a motion to nominate Gary Peterson for Vice President, Heintz seconded. Roll Call: All Ayes. Heintz moved to nominate Pat Jindra for Treasurer, Jones seconded. Roll Call: All Ayes Resolution Accepting Transfer of Projects and Programs from HRA to EDA Approving Certain Organizational Matters: City Manager Hentges reviewed HRA Resolution 96-01, Resolution Relating to the Transfer of HRA Projects and Programs to the Columbia Heights Economic Development Authority and EDA Resolution 96-01, Resolution Accepting Transfer of Projects and Programs from HRA to EDA; Approving Certain Organizational Matters. Heintz made a motion, Jindra seconded approving the Resolutions accepting transfer of projects and programs from HRA to EDA approving certain organizational matters. Roll Call: Ayes: Heintz, Dustin, Jindra, Murzyn, Peterson, Jones, Ruettimann. Authorize Subord{n~tion Agreement By and Between the City of Columbia Heights and Columbia Heights Economic Development Authority and the Northeast State Bank of Minneapolis in Conjunction with Robert C. Barnick 4/b/a Metro Assemblies Redevelopment Project. Mark Winson, Acting city Manager, reviewed Barnicks/Metro Assemblies agreement for 500 38th Avenue. The Barnicks are looking at closing on financing for their improvements at that site. As part of that financing the Northeast State Bank has ask that the EDA review and approve the Subordination Agreement. The documents have been prepared and reviewed by Bob Long of Kennedy & Graven. The bank has requested that the City provide a Certification of Completion as required by the development agreement with the Barnicks. The work is not fully completed, however, the Barnicks are willing to put up a Letter of Credit to cover the cost of work not completed, which would be a little over $13,000. Basically what this is saying is that if something were to happen Northeast State Bank would still be able to collect the TIF. Ruettimann made a motion, Heintz seconded authorizing the Subordination Agreement by and between the City of Columbia Heights and Columbia Heights Economic Development Authority and the Northeast State Bank of Minneapolis in Conjunction with Robert C. Barnick d/b/a Metro Assemblies Redevelopment Project. Roll Call: All Ayes. MINUTES EDA MEETING JANUARY 29, 1996 PAGE 3 Commissioner Ruettimann commended that in the Subordination Agreement it referees to the HRA as the Authority instead of the EDA. The attorney present recommended directing our attorneys to correct the Agreement by changing wherever the Housing and Redevelopment Authority appears to the Economic Development Authority, plus adding an addition recital to explain that the contract itself was originally in the name of the HRA which now has been assigned over to the EDA. Appoint Representatives to Community Development Director Interviews: City Manager Hentges informed the Board that the City has advertised and is in the process of hiring a Community Development Director. It has been discussed, at the City Council level, that an Economic Development consulting service could possible be contracted to help the Community Development Director. Forty (40) applications have been received for that position. Normal ranking of the applicants will occur then staff is suggesting that the Assistant to the City Manager and the Acting City Manager review the applications and narrow the applicants to 3 to 5 range, then have a committee from the EDA Board re-interview and come back to the Board with a recommendation. Murzyn made a motion, Dustin seconded to appoint Bob Ruettimann from the City Council, and Sebe Heintz from the former HRA Board to represent the EDA Board in interviewing the candidates. Roll Call: All Ayes. City Manaqer Report: Fair Market Rental Adjustment for 4607 Tyler Street: Jim Bettendorf, Parkview Villa Housing Manager and employee of Crestview Lutheran Home, was present to review a letter he had written concerning Adjustment in Rental Amount for 4607 Tyler Street. The fourplex at 4607 Tyler St. was renovated and is going to be managed by Crestview and rented out to iow income seniors. Crestview feels that the rents now being asked are to high. Stated in the letter was a formula calculating new rent estimates. One suggested was 30% of household income with a minimum rent of $350 and a maximum rent of $525, or a recommended set amount of $400. Ruettimann made a motion to set the rents based on 30% of household income with a minimum rent of $350 and maximum rent of $525. Peterson, seconded. Motion passed unanimously. Zaidan office Buildinq Tax Status: Pat Hentges reported on this as an information item. He reported that Zaidans would pay back delinquency taxes owed to the City through a negotiated note. When the note is paid back, Zaidans will over pay the tax delinquency by about $80,000. When this money comes available, in the tax increment account, it is suggested that the money be rededicated back into economic development ventures of the building. This issue will come to the Board at a later date. Economic Development Consultinq Contract: Pat Hentges has had discus- sions with interested consulting firms concerning economic development within the City. Another possibility is a business retention program that North Metro Mayors has for building existing clients already in the City. St. Timothy Senior Housinq Project: The Church will have a vote and talk about the sale of the land adjacent to the church. Bruce Nedegaard is representing the church as their property manager. The City Manager feels it is a desirable site for senior housing. MINUTES EDA MEETING J~NU/~RY 29, 1996 PAGE 4 Status of Medtronic Project: Hentges reported that Medtronic has started project and seems to be moving along nicely. The City has reviewed first sets of plans and have appraisals in for the park land lot, which have to be approved by the DNR. The State part is moving along in the legislature. Agreement have all been executed. Sheffield Neiqhborhood: The City is trying to close out the Sheffield Project and get CDBG fund participation straightened out, which looks like it is coming along fine. Also, the City Council has had prelimi- nary discussions on purchasing 3 more dwellings up that area. Habitat for Humanities: The Council has authorized with Habitat for Humanities a six (6) lot agreement, which will ultimately be a nine (9) lot agreement to build nine homes over the next three years in Columbia Heights. Five of the first six will go up in the Sheffield Neighborhood, and the other one will go up on 40th and Reservoir. There is an option to do three (3) more in 1997. Adjourn. Reuttimann moved, Jindra seconded a motion to adjourn the meeting at 6:50 p.m. Roll Call: All Ayes. Respectfully Submitted, Rebecca Townsley EDA Secretary D. J. Murzyn Jr., President agenda PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES FEBRUARY 6, 1996 PAGE 1 The Planning and Zoning Commission meeting of February 6, 1996 was called to order at 7:00 p.m. by City Council Representative Peterson. Members present were Paulson, Fowler, Larson and Peterson. Commissioner Szurek was not in attendance. Also present were Tina Goodroad (Zoning Coordinator) and Jim Hoeft (City Attorney). Motion by Paulson, seconded by Fowler, to approve the minutes from the meeting of January 9, 1996 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: A. Site Plan Approval Omni Roofs, Inc. Case #9602-08 RE: 81 N.E. 38th Avenue Ms. Goodroad presented the request of Mr. Jerald Peterson of Omni Roofs, Inc. for Site Plan Approval to allow the operation of his roofing business at 81 N.E. 38th Avenue. She explained that he is proposing to use the existing building for his roofing business but would also like to park vehicles in front of the building along 38th Avenue. Those vehicles would belong to customers and office employees. There are currently ten parking spaces in that area. She stated that seven parking spaces would be required for this operation. Screening is being proposed along the east side and rear of the building as it abuts a residential zoning district. She referred to the enclosed site plan indicating the proposed parking area in an area of California Street that Mr. Peterson is hoping the City will vacate. His intent is to fully screen this area with a fence to obstruct the view of his equipment and vehicle storage. Ms. Goodroad informed the Commission that Section 9.117(3)(d) of the Zoning Ordinance requires screening that shall consist of a solid fence or wall at least fifty (50%) percent opaque, shall not be less than six (6) feet high, shall not extend within fifteen (15) feet of any street or driveway opening onto a public street, and shall comply with all requirements of this code. Ms. Goodroad stated that Mr. Peterson would be requesting the City Council to vacate California Street between 38th Avenue and 39th Avenue. She directed the Commissioners attention to a letter from Mark Winson, Public Works Director, explaining that the right of way for California Street from 38th to 39th Avenue has never been improved and does not believe that it will be improved in the future due to the topography and development of the area. it is his opinion that the retention of the right of way would not be in the City's best interest. He stated that the City does maintain a storm sewer system within the right of way and, if vacated, the City would require a utility easement over the east thirty (30) feet of the right- of-way. Once the vacation of this area is approved by the City Council, the vacated area would be split in half and divided between the east and west side property owners with each owner receiving thirty feet. Ms. Goodroad informed the Commission that it is Mr. Peterson's intent to use this area for the screened-in vehicle PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES FEBRUARY 6, 1996 PAGE 2 and storage area. He has also indicated that he has arranged with Burlington Northern, who will be receiving the thirty feet on the west side, to lease their portion and combine with his to create enough area for the proposed storage. Mr. Peterson was present and indicated that he has approximately six to ten people in his employ. Three to five of those employees drive directly to the job site so they would not be parking at the business. Discussion was held regarding the screening fence to be installed. Council Representative Peterson stated that screening should be installed along the east side of the property and along and inside the rear property line. However, it would not be necessary that screening be installed along the rear of the building by the residential garage belonging to 3904 Main Street as it is on the opposite side of the alley from the residence and the building is very close to the rear property line which would make it cumbersome and hard to keep clean. Motion by Fowler, seconded by Paulson, to approve the site plan as presented provided proper screening is installed as approved by Staff and installed around areas abutting the residential zoning district and around the proposed storage area. Roll Call: All Ayes. STAFF REPORTS: During Staff Reports, a number of items and concerns were addressed. Formal changes to upcoming dates of Planning and Zoning Commission meetings were made due to elections, etc. The March meeting will be held on March 6, 1996 at 7:00 p.m., the July meeting will be held on July 9, 1996 at 7:00 p.m. and the November meeting will be held on November 6, 1996 at 7:00 p.m. Ms. Goodroad also asked the Commission members to provide suggested areas of the Zoning Ordinance where they feel changes should be made. She indicated that it is her intent to try to address some of these concerns at meetings where there is a small agenda. Motion by Paulson, seconded by Fowler, to adjourn the meeting at 7:36 p.m. Roll Call: All Ayes. Respectfully ,submitted, Secretary to the Planning and Zoning Commission HUMAN SERVICES COMMISSION MINUTES WEDNESDAY JANUARY 10, 1996 LITTLE JACK'S 201 LOWRY AVENUE N.E. 1. The meeting was called to order by co-chair, Barbara Tantanella, at about 7515 pm. 2. The following people were presents Jim Johnson, Don Renquist, Toni LaMere and her husband, Barbara Tantanella, Catherine Anderson, Joe Sturdevant and his wife, and Pam Hanson. 3. Because of the nature of our meeting, we dispensed with reading the minutes of November's meeting and moved ahead to Don Renquist's report of his meeting with Mayor Sturdevant, Pat Hentges and Don Jolly. The following is a brief summary of Renquist's report: First, Don Renquist read his letter of resignation from the Commission and thanked the three for listening to him. He praised the honesty of Commission members. The purpose of his meeting was to share his thoughts and to make suggestions for the Commission. Renquist's concerns are with regard to the slowness of the city to adopt certain goals. For example, that by December 31, 1993, the city have some females employed in maintenance, hasn't occurred. He respects the city's approach but thinks it need to be more aggressive. The following are seven suggestions Renquist gave the three: 1. That the mayor, council and commission members attend diversity training together and add a group of d~-~'ersity Columbia Heights citizens in later in the session simply listen to their concerns. 2. That the mayor and council establish goals and recruit people of color and females. 3. That Linda Magee not be the sole developer of plans of action but that it be a joint effort of department heads and Linda with the Commission members reviewing and supporting these efforts. 4. That we recruit one or two people of diversity to the Commission. 5. That the city recruit part-time seasonal employees aggressively, e.g. through the Boy Scouts, and then choose them by lottery after determining that they are qualified. 6. That the city rethink Linda's attendance at all Commission meetings. Perhaps she could attend only critical ones and then for no more than 30 minutes. 7. That he, Mr. Renquist, is concerned as a citizen and is not Judging the city. It's not a moral issue. It's the right thing to do. 4. The other business matter before the Commission was choosing an organization to conduct diversity training for us and for city employees. Family Services, Inc. of St. Paul was the choice of the members. It was suggested that one session be held for Commission members and Council members on a Saturday or evening and that one of the trainers be female. Hanson will contact Family Services, Inc. and notify Pat Hentges. §. The Commission meeting was adjourned so that members and guests could eat their delicious dinners. Pam Hanson, Secretary