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HomeMy WebLinkAboutMarch 14, 1994 RegularCITY OF COLUMBIA I-[EIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 March 11, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 14, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, 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 e~nployment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. Call to Order and Roll Cal~. 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s) *** RECOMMENDED MOTION: Move to adopt the minutes of the Regular Council Meeting of February 28, 1994, as presented in writiag, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations (()pen Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) "SEF:IVICE IS OUR BUSINESS" EQUAL. OPF'QR]'U:"4 ~'Y EMPL'DYER COUNCIL AGENDA Page 2 Council Meeting of March 14, 1994 6. Public Hearings/Ordinances & Resolutions a. Continue Public Hearing for Condemnation at 4501 Madison St. N.E. RECOMMENDED MOTION: Move that there is adequate evidence to find the structure at 4501 Madison Street is hazardous and in violation of the law and that the City Council orders the existing structure to be razed, demolished, and all parts of the for~ner structure removed, including concrete slabs and foundations. The site must then be restored to a safe condition with fill as necessary. Utilities are to be cut off and sealed per the Engineering Department's requirements. Such corrections shall be completed within forty-five (45) days of the service of this order. A motion for a summary enforcement will be made to the Anoka County District Court unless corrective action is taken or unless an answer is filed within the time specified by Minnesota Statute 463.18, the cost shall be charged against the real estate as provided in Minnesota Statute 463.21. bo Public Hearing for Police Relief Association Consolidation into P.E.R.A., Resolution 94-__., Approving Final Consolidation of the Columbia Heights. Police Relief Association into P.E.R.A. Police and Fire RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Resolution 94-__., Being a Resolution Approving Final Consolidation of the Columbia Heights Police Relief Association into P.E.R.A. Police and Fire. c. Establish Hearing Date for April 11, 1994, for Disposition of a License - 4655 5th Street RECOMMENDED MOTION: Move to establish a hearing date for April 11, 1994, for revocation, suspension, and/or other appropriate disposition of a license to operate a rental unit(s) within the City of Columbia Heights against Mr. Jake Cadwallader, dba/C-H Properties, regarding rental property at 4655 N.E. 5th Street. d. Other Ordinances and Resolutions Communications a. Other Communications 8. Old Business bo 9. New ***a. Other Old Business Business Authorization to Seek Bids for 1994 Miscellaneous Concrete RECOMMENDED MOTION: Move to authorize staff to seek sealed bids for 1993 Miscellaneous Concrete Replacement and Installation Project. Authorization for Training RECOMMENDED MOTION: Move to authorize police officer Patrick Nelson to attend Firearms Instructor Course sponsored by Maple Grove Law Enforcement Training Center, to be held in Maple Grove, Minnesota, from April 25 to April 29, 1994, and the tuition cost of $385 to come from the Police Department training budget, 101-42100-3105. COUNCIL AGENDA Page 3 Council Meeting of March 14, 1994 Co do fo go Extension of Lease for Top Valu Liquor at 4340 Central Avenue RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease amendment with Kraus-Anderson to extend the lease at 4340 Central Avenue N.E. for a five-year term commencing January 1, 1995, and ending December 31, 1999, at a monthly rental rate of $7,398.75. Request to Trade Surplus Weapons for New Weapons RECOMMENDED MOTION: Move to authorize the City to engage with Streicher's Professional Police Equipment to trade the surplus weapons we have for one Glock Model 17 9 mm pistol with three magazines, one Glock model 19 9 mm pistol with three magazines, one Beretta model 92 9 mm pistol with three magazines, and one 9 mm Heckler and Koch model HK MP5 9 mm automatic carbine with two magazines, and that this trade will be an even exchange. Hold Harmless Resolution Required by State Aid Operations, Projects 9321 and 9322 RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94-__ being a Resolution indemnifying the State of Minnesota from certain claims arising from the design variance for Arthur St. N.E. from 39th Ave. N.E. to 40th Ave. N.E. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolutio:a No. 94-__ being a resolution indemnifying the State of Minnesota from certain claims arising from the design variance for 40th Ave. N.E. from Reservoir Blvd. to Hayes St. and from Arthur St. to Stinson Blvd. RECOMMENDED MOTION: Move to authorize staff to seek bids for fire alarm improvements to city buildings to comply with the requirements of the Americans With Disabilities Act. Authorize Increase in Engineering Contract for LaBelle Pond Restoration (Project #9312) RECOMMENDED MOTION: Move to Authorize Increasing the Contract for Engineering Services for the LaBelle Pond Restoration (Project #9312) with HNTB by $3,995.00 to $18,777.00 due to changes in scope of services. Accept Donation from Lion's Club for Joint Beautification Project RECOMMENDED MOTION: Move to Accept $2,000 from the Columbia Heights Lion's Club to be used towards a joint beautification project at 37th and Stinson Avenues with St. Anthony. Other New Business 10. Reports a. Report of the City Manager b. Report of the City Attorney COUNCIL AGENDA Page 4 Council Meeting of March 14, 1994 11. Licenses *** RECOMMENDED MOTION: proper fees. 12. Payment of Bills *** RECOMMENDED MOTION: Adjournment RECOMMENDED MOTION: Move to adjourn. Move to approve the 1994 license applications as listed upon payment of Move to pay the bills as listed out of proper funds. Pat Hentges, City Manager 94/23 AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS MONDAY, MARCH 14, 1994, ?:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE IAuxiliary 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. ~ Call to Order and Roll Call Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. Consent A~,enda (All items iisted with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) ***4, Minutes of Previous Meeting(si Ooen Mike_/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) Public Hearings/Ordinances & Resolutions a. Continue Public Hearing for Condemnation at 4501 Madison St. N.E. b. Public Hearing for Police Relief Association Consolidation into P.E.R.A., Resolution 94- , Approving Final Consolidation of the Columbia Heights Police Relief Association into P.E.R.A. Police and Fire c. Establish Hearing Date for April 11, 1994, for Disposition of a License - 4655 5th Street d. Other Ordinances and Resolutions 7. Communications a. Other Communications a. Other Old Business ***a. Authorization to Seek Bids for 1994 Miscellaneous Concrete ***b. C. d. f. g. h. Authorization for Training Extension of Lease for Top Valu Liquor at 4340 Central Avenue Request to Trade Surplus Weapons for New Weapons Hold Harmless Resolution Required by State Aid Operations, Projects 9321 and 9322 Authorize Increase in Engineering Contract for LaBelle Pond Restoration (Project #9312) Accept Donation from Lion's Club for Joint Beautification Project Other New Business 10. Re~orts a. Report of the City Manager b. Report of the City Attorney **'12. Payment of Bills Ad_iournment Pat Hentges, City Manager 94/24 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 28, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were addressed on the Consent Agenda: Minutes for Approval The Council approved the minutes of the Regular Council Meeting of February 14, 1994 as presented. Authorization to Attend Conference The Council authorized the attendance of Officer Terry Nightingale and CSO Joe Sturdevant at the Minnesota Law Enforcement Explorer Conference on April 21 - 24, 1994, authorized payment of two officer registrations of $120.00 each and authorized payment of $500.00 to help defer the costs of eight Explorers attending the conference with the money coming from the Police Department budget. Authorization to Seek Bids for Fire Alarm Improvements in City Buildings to Comply with ADA The Council authorized staff to seek bids for fire alarm improvements to city buildings to comply with the requirements of the Americans With Disabilities Act. Authorization for Training The Council authorized police officer Bryon Fuerst to attend Use of Force/Firearms Instructor Course to be held in the metroplitan area from July 25 to August 5, 1994, sponsored by the Bureau of Criminal Apprehension Training and Development Section, and the tuition of $400 will come from the Police Department training budget, 101-42100-3105. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 2 4. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes 5. OPEN MIKE/PROCL~ATIONS/PRESENTATIONS Mayor Sturdevant presented a plaque to Arnie Knutson in recognition of his 29 years of service as a City employee. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Continued Public Hearing for Basic Cable Rates Resolution No. 94-10 Tom Creighton, the City's cable counsel, reviewed the conclusions, findings of fact and orders for action included in the resolution. He noted the five results if the resolution were to be passed. The Cable Commission recommends passage of the resolution. Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-10 RESOLUTION REGARDING REGULATION OF RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPMENT WHEREAS, the City of Columbia Heights ("City") is a certified rate regulatory authority for Columbia Heights, Minnesota, and by delegation, the City of Hilltop, Minnesota. NOW, THEREFORE, at a regular public meeting of the City dated February 28, 1994, the following is resolved: FINDINGS 1. The Cities of Columbia HeiGhts and Hilltop are Grantors of Cable Communications Franchise Ordinances ("Ordinances") originally executed by and between Teleprompter of Columbia Heights and each of the Cities. The Ordinances were renewed on or about June 25, 1990. 2. On or about September 1, 1992, Meredith/New Heritage Strategic Partners, L.P., an Iowa limited partnership (hereinafter "Grantee"), became Grantee of the Ordinance. 3. In accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 3 (hereinafter the "Cable A~t") and rules adopted by the Federal Communications Commission (FCC"), the City has undertaken all appropriate procedural steps to regulate the basic cable service tier and related equipment.. 4. In accordance with applicable FCC regulations, on or about September 10, 1993, the City filed FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition - with the FCC. 5. In accordance with applicable FCC regulations, on or about September 30, 1993, the City passed and adopted a Rate Regulation Resolution regarding Policies and Procedures for Rate ReGulation. 6. On or about October 13, 1993, the City notified Grantee in writing that Grantee was subject to the rate regulatory authority of the City and requested Grantee's FCC Form 393 and associated documentation. 7. On or about November 15, 1993, the City received Grantee's FCC Form 393 which is attached and made a part of this Resolution as Exhibit A. 8. The City's special legal counsel for telecommunication issues, Bernick and Lifson, P.A., was asked to provide assistance to the City for review of Grantee's FCC Form 393. 9. Bernick & Lifson, P.A. retained the services of an accounting firm of Muellerleile & Harrington, Ltd. to assist in the analysis of rate informatioln. 10. Pursuant to FCC regulations, on or about December 20, 1993, the City sent a letter notifying Grantee that the time period for the City's review of FCC Form 393 would be extended for an additional ninety (90) day period. 11. Muellerleile & Harrington, Ltd. issued a preliminary report dated December 1, 1993, identifying certain issues requiring Grantee's response before a final report could be prepared, which report is attached and made a part of this Resolution as Exhibit B. 12. On or about December 16, 1993, Grantee responded to Muellerleile & Harrington, Ltd. and the City, which response is attached and made a part of this resolution as Exhibit C. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 4 13~ On or about January 19, 1994, a final report was prepared for the City by Muellerleile & HarrinGton, Ltd. which report is attached hereto and made a part of this Resolution as Exhibit D. 14. The City conducted a meeting open to the public on February 28, 1994, to ensure that all interested parties had ample opportunity to present information to the City. 15. Based upon the information received from Grantee, information received at the public meetings of the City, and all reports and advice from Muellerlei]e & HarrinGton, Ltd. and Bernick and Lifson, P.A., the City makes the be]ow additional Findinqs: Grantee has not made changes to account for an FCC misprint of inflation factor on Form 393. bo Grantee's allocation percentage for Vehicle R&M and Vehicle Oil & Gas is inconsistent with Vehicle percentage determined on Schedule A of Form 393 and Vehicle ]ease expense. Grantee has created information on line 109B, ]09C, 209B, and 209C on Form 393 and included information on these lines, which is inconsistent with Federal law, FCC rules and approved Form 393. Grantee has used quarterly averages of equipment revenue for Worksheet 2 rather than annual averages as required by the instructions to Form 393. With total system subscribers in excess of 100,000 subscribers, Grantee incorrectly used the Benchmark Rate table for 1,500 subscribers when it should have used the Benchmark Rate table for 10,000 subscribers. Grantee did not include a factor for Maintenance Facility Cost. Grantee did not include discount activity as a "tier change" task for determination of installation cost allocation to equipment costs. Grantee should have used ali allocations of installation/service vehicle costs based on unit count of vehicles in place of "estimated replacement cost" information. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 5 Grantee used a tool allocation percentage significantly different than manpower on vehicle allocation percentages. Grantee has since September 1, 1993 calculated and billed franchise fee costs inconsistent with the City's understanding of the FCC's rate freeze and other requirements, said practices are the subject of a written request for a ruling to the FCC issued by the Quad Cities Cable Communications Commission, Anoka, Minnesota (said request for a ruling attached hereto as Exhibit E and made a part hereof). NOTE: This finding is contingent upon the final ruling of the FCC on this issue and any appeals thereof. k o Grantee has, since September 1, 1993, been treating as externa! costs, expenses associated with franchise imposed obligations which existed prior to September 1, 1993, including, but not limited to, costs associated with provision of required public, educational and governmental access channels, scholarship grants and local origination costs. Grantee has, since September 1, 1993, been passing through to each subscriber an amount of $1.88 per month as a "PEG" fee to recoup expenses associated with franchise obligations which existed prior to September 1, 1993, said pass through charges are subject to a written opinion issued by Bernick and Lifson, P.A., as the City's legal counsel, and said opinion, attached hereto as Exhibit F and made a part hereof, is hereby adopted by the City. 16. The FCC has announced that it intends to make certain modifications in their rate rules and regulations which may affect the review of rates currently being conducted by the City. 17. The City may act upon the pending rate request consistent with current FCC rate rules and regulations. 18. The City desires and intends to take advantage of any further reductions in the FCC benchmark calculations. CONCLUSIONS The City concludes that: REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 6 1. Grantee's request for cable rate approval for the maximum permitted rate for basic service tier (exclusive of any franchise fee) of $8.50 is denied. 2. Grantee's request for cable rate approval for the maximum permitted charge for hourly service (exclusive of any franchise fee) of $16.49 is denied. 3. The maximum permitted rate for the basic service tier (exclusive of any franchise fee) shall be $8.40. 4. The maximum Dermitted charges for hourly service fee shall be $15.25. 5. Grantee shall only be allowed to include as external costs increases in franchise imposed obligations, including public, educational and governmental costs, which occur after October 13, 1993, the date on which Grantee's system became subject to rate regulation. 6. Grantee has violated FCC rules and regulations and federal statutes by Grantee's practice since September 1, 1993, of passing through to and collecting from each subscriber an amount of $].88 per month as a "PEG Fee" for the purpose of recouping expenses for franchise obligations which existed prior to September 1, 1993. 7. Grantee and City will be bound by any ruling issued by the FCC regarding the billing of franchise fees by Grantee. 8. The City has an obligation to timely act upon the pending rate application consistent with now current FCC rules and regulations. However, if the FCC alters the benchmark calculations resulting in a lower reasonable rate for Columbia Heights/Hilltop subscribers, the City has an obligation to area subscribers to reconsider the pending analysis consistent with such changes the FCC may make in its regulations. 9. The City hereby adopts and makes a part of this Resolution all attachments reference above. ORDERS OF ACTION Based on the foregoing Findings and Conclusions, the City hereby enters the following orders: 1. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall be permitted to charge an initial rate for the basic service tier of $8.40. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 7 2. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall be permitted to charge $15.25 as its hourly service charge. 3. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall cease charging any and all PEG access fees of any amount except that which reflects increases in franchise imposed obligations in excess of GNP-PI, which occur after October 13, 1993, the date on which Grantee's system became subject to rate regulation. 4. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers S0.10 per month, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments, which has been overcharged since September 1, 1993 as a result of the difference between Grantee's requested basic service rate of $8.50 and the approved basic service rate of $8.40. 5. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers who have been overcharged for hourly service, $1.24 per hour for each hour of hourly service charged each subscriber since September 1, 1993, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments. The refund is based upon the difference between the $16.49 hourly service charge (actual rate since September 1, 1993) and $15.25 (the permitted and approved hourly service charge). 6. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers the PEG Fee in the amount of $1.88, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments, which has been overcharged since September l, 1993, as a result of the treatment as external costs, expenses associated with franchise imposed obligations which existed prior to September 1, 1993, including, but not limited tO, costs associated with provision of required public, educations, and Governmental access channels, scholarship Grants, and local origination costs. 7. Grantee shall provide the City evidence that Orders 1, 2, 3, 4, 5 and 6 have been complied with and that all refunds have been properly made in accordance with the Cable Act and applicable FCC requlations. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 8 8. Grantee shall comply with any future ruling of the FCC regarding the billing of franchise fees. · 9. The City reserves the right to reconsider this resolution within sixty (60) days of its adoption for the sole purpose of further reducing rates, should the future modifications to FCC rules and regulations so provide and permit. 10. This resolution shall not be reconsidered should any further analysis pursuant to future FCC rules and regulations result in higher rates to subscribers, unless such future FCC rules and regulations mandate that this City order such an upward adjustment. Passed this 28th day of February, 1994. Offered by: Seconded by: Roll call: Nawrocki Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary bo Resolution No. 94-11 and Public Hearing for Sheffield Revitalization Plan The City Manager reviewed the changes made to this plan as well as the proposed timetables. He reviewed two alternatives which appeared on page 8 of the Development Plan. These alternatives are acquisition and clearance for townhome development and rehabilitation of duplex structures into single family homes. Councilmember Nawrocki inquired what the impact would be on other HRA programs if tax increment reserves were used for this plan. The City Manager responded how the excess reserves Gould be used. Councilmember Nawrocki stated he would not support any use of tax increment reserves. Motion by Nawrocki, second by Jolly to waive the reading of the resolution there being amp].e copies available for the public and that the following provisions be included in the Sheffield Redevelopmental and Housing Development Plan: REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 9 the two alternatives which are townhomes and rehabilitation of duplex structures into single family homes which appear on page 8 of the Plan and the amendment of the last paragraph on page 8 as recommended by the City Manager. Roll call: All ayes RESOLUTION NO. 94-11 RESOLUTION OF THE CITY COUNCIL (DF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DESIGNATING THE SHEFFIELD NEIGHBORHOOD AS A REDEVELOPMENT AND HOUSING DEVELOPMENT PROJECT (THE "PROJECT") AND APPROVING A REDEVELOPMENT PLAN AND A HOUSING DEVELOPMENT AND REDEVELOPMENT PROGRAM FOR THE PROJECT WHEREAS, the City of Columbia Heights through its City Council (the "City") and Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA") has conducted studies, prepared an inventory of housing and housing conditions, and planned for the establishment of a housing development and redevelopment project as those terms are defined as Minnesota Statutes, Sections 469.002, subd. 15, and 469.017 referred to as the "Sheffield Neighborhood Revitalization Plan" (the "Redevelopment Project"); and WHEREAS, at the request of the City, the HRA has prepared a Redevelopment Plan as that term is defined as Minnesota Statutes, Section 469.002, subd. 16 and 469.027 for review, consideration and approval by the City and its Planning and Zoning Commission; and WHEREAS, the Redevelopment Project will be restricted to the Sheffield Neighborhood which is defined as the area in the following boundaries and as reflected on the maps of the Sheffield Neighborhood (the "Project Area") attached hereto and incorporated herewith as Exhibit "A": South Boundary - 45th Avenue between Easterly edge of Keyes Park and Central Avenue East Boundary - Johnson Street (rear of easterly properties) and Easterly edge of Keyes Park West Boundary - Central Avenue between 45th and 47th Avenues North Boundary - 47th Avenue between Johnson Street (rear of easterly properties) and Central Avenue; and REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 10 WHEREAS, the Redevelopment Plan for the Project Area provides various project alternatives involving the acquisition of non- owner occupied duplexes which exhibit blighting influences, deterioration and dilapidation and the clearance or the rehabilitation of the duplex units into owner occupied homes and other housing rehabilitation improvements in the Projec% Area; and WHEREAS: the Planning Commission for the City at its meeting held on February 1, 1994, found that the Redevelopment Plan and Housing Development and Redevelopment Program conformed with the Comprehensive Plan for the City and approved the Redevelopment Plan dated January 31, 1994; and WHEREAS, the HRA did consider and approve the designation of the Sheffield Neighborhood as a Redevelopment and Housing Project and did approve the Redevelopment Plan and Housing at its meeting held on February 7, 1994; and WHEREAS, to officially establish a Redevelopment Project and Housing Development and Redevelopment Program, the HRA, in accordance with Minnesota Statutes, Sections 469.028, is required to obtain City Council approval of the Redevelopment Plan and the Program; and WHEREAS, the HRA has transmitted the Redevelopment Plan to the City Council; and WHEREAS, the City Council has held a public hearing in accordance with Minnesota Statutes, Sections 469.027 and 469.028 at which the Redevelopment Plan and Housing Development and Redevelopment Program was considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that.: 1. The City Council hereby designates the Sheffield Neighborhood, as defined above and on the maps attached as Exhibit "A", as a Housing Development and Redevelopment Project. 2. The City Council hereby approves the Redevelopment P]an as prepared by the HRA and City. 3. The City Council hereby approves the Sheffield Neighborhood Revitalization Program (the "Housing Development and Redevelopment Program"). REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 11 4. The HRA in conjunction with the City is hereby authorized to carry out the Redevelopment Plan and the Housing Development and Redevelopment Program and the HRA is authorized to assist in administration of the Program. Approved this 28th day of February., 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Nawrocki suggested the City Manager meet with representatives of the Northeaster and Focus newspapers to review the elements of this project. He wanted the alternatives, costs and timetable included in the discussion. Public Hearing - Condemnation at 4.501 Madison Street The City Manager advised that the owner of this property had requested the public hearing be continued and that the adoption of the Findings of Fact be delayed. She intends to have an expert witness present at the March 14th Council Meeting. The owner of the property north of this parcel stated his concerns with the structure. He noted that some broken windows have not been boarded up and animals still have access to the interior of the house. He also noted this is an attractive nuisance for children and trash regularly appears in the yard. He views the whole situation as hazardous. The lot size is 46.5 x 116.5 and is buildable according to the Building Inspector. Motion by Nawrocki, second by Peterson to continue the public hearing for the condemnation of the house at 4501 Madison Street until March 14, 1994. Roll call: All ayes The City Attorney advised that the Findings of Fact for this issue need not be included in the official record. d. Second Reading of Ordinance No. 1282 Amending OrdinanCe No. 1160 Authorizing Persons Other than Peace Officers Issue Tags for Certain Violations of Law REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 12 Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1282 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1160, CITY CODE OF 1977, AS AMENDED, AND PERTAINING TO THE POWERS OF THE COLUMBIA HEIGHTS COMMUNITY SERVICE OFFICERS The City of Columbia Heights does ordain: Section 1: Chapter 3, Article II, Section 3 (7), of Ordinance No. 853, City Code of 1977, as amended which currently reads as follows, to wit: 3.203(7) Persons hired as community service officers in the Police Department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence of this Code, to wit: (a) 7 202(2) (b) 7 (c) 7 (d) 7 (e) 7 (f) 7 (g) 7 overtime parking in public parking areas 202(3) loading zones 202(4) bus stops and taxi stands 202(5) metered parking areas 202(6) boulevard parking 202(6)(c)(iii) violation of a boulevard parking permit 202(9) handicap parking (h) 7 203(1) (i) 7.205(1) (j) 7.205(2) (k) 7.205(3) (1) 7.205(4) (m) 7.206(7) (n) 7.205(11) (o) 7.205(12) (p) 7.205(13) (q) 7.205(]4) (r) 7.401(1) (s) 7.402(2) (t) 7.402(3) temporary or emergency no parking (parades, etc.) six hour maximum parking parking on a traffic lane or in an alley abandoned vehicle fire lanes or other parking violations on private property junk vehicles obstruct traffic in a private parking lot overtime parking in a private parking lot no parking 2 a.m. to 6 a.m. no parking April 1 to May 1 when 3 1/2 inches or more of snow on the street bicycle registration bicycle lights and reflector miscellaneous bicycle violations (u) Chapter 8, Article 1, Sections 1 through 8, Animal Violations (v) 8.203(3) unauthorized signs in the publi right-of-way (w) 8.204(2) junk vehicles (x) 7.401(3) bicycle impound REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 13 (y) 10.201(1) parking in a park 11 p.m. to 6 a.m. (z) 10.201(12) pets on leash when in City park (aa) Minn. Stat. 169.34 miscellaneous parking violations (bb) Minn. Stat. 169.346 handicap parking (cc) Minn. Stat. 169.34 parallel curb parking (dd) Minn. Stat. 169.222 operation of bicycles is herewith amended to read, 3.02(7) Persons hired as community service officers in the Police Department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence in this Code, to wit: (a) Chapter 5, Co~u~ercial Licensing Regulations (b) 5A.207(b)(i) no vehicle parking in landscaped areas (c) Chapter 6, Building and Construction (d) Chapter 6, Article III, Section I Street Excavations (e) 7 202(2) overtime parking on public parking areas (f) 7 202(3) loading zones (g) 7 202(4) bus stops and taxi stands (h) 7 202(5) metered parking areas (i) 7 202(6) boulevard parking (j) 7 202(6)(c)(iii) violation of a boulevard parking permit (k) 7.202(9) handicap parking (1) 7.203(1) temporary or emergency no parking (parades, etc.) (m) 7.205(1) six hour maximum parking (n) 7.205(2) parking in a traffic: lane or in an alley (o) 7.205(3) abandoned vehicle (p) 7.205(4) fire lanes or other parking violations on private property (q) 7.205(7) junk vehicles (r) 7.205(11) obstruct traffic in a private parking lot (s) 7.205(12) overtime parking in a private parking lot (t) 7.205(13) no parking 2 a.m. to 6 a.m. (u) 7.205(14) no parking April 1 to May 1 when 3 1/2 inches or more of snow on the street (v) 7.401(1) bicycle registration (w) 7.402(2) bicycle lights and reflector (x) 7.402(3) miscellaneous bicycle violations (y) Chapter 8, Article I, Sections 1 through 8, Animal Violations (z) Chapter 8, Article III, Garbage and Rubbish (aa) Chapter 8, Article IV, Fire Safety (bb) 8.202(1) substandard structures (cc) 8.202(2) hazardous buildings (dd) 8.202(3) sn~b~ on sidewalks (ee) 8.203(3) unauthorized signs in the public right-of-way REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 14 (ff) 8.203 other nuisances (gg) 8.204(2) junk vehicles (hh) 7.401(3) bicycle impound (ii) 10.201(1) parking in a park 11 p.m. to 6 a.m. (jj) 10.201(12) pets on leash when in City park (kk) Minn. Stat. 169.34 miscellaneous parking violations (11) Minn. Stat. 169.346 handicap parking (mm) Minn. Stat. 169.34 parallel curb parking (nh) Minn. Stat. 169.222 operation of bicycles Section 2: 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: February 14, 1994. February 28, 1994 February 28, 1994 Offered by: Seconded by: Roll call: Ruettimann Peterson All Ayes Mayor Joseph Sturdevant Jo-Anne Student., Council Secretary e. Second Readinq of Ordinance No. 1281; Being an Ordinanca Pertaininq to the Housing Maintenance Code and Licensinq Rental Units Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All layes There was discussion relative to landlord or property manager attendance at three or more hours continuing education regarding rental property management or operation. This requirement was in Section 7: 5A.407(1)(b). In subsection (c) there was also a requirement to mail proof of completion of these three hours of training with the license renewal form. The Council decided to delete (b) and amend (c). Motion to waive was withdrawn. Motion by Peterson, second by Ruettimann to reconsider waiving the second reading of Ordinance No. 1281. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 15 Motion by Ruettimann, second by Peterson to waive the reading of Ordinance NO. 1281 with the removal of Section 7: 5A.407(1)(b) and the amendment of (c). Roll call: All ayes REVISED 2/02/94 ORDINANCE NO. 1281 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, which has been repealed by Ordinance No. , shall hereafter read as follows, to wit: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: .Statement of Purpose 5a.101(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following: (a) To protect the character and stability of residential areas within the city; (b) To correct and prevent housinG[ conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to proteCt the health and 'safety of occupants of building; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 16 (f) To preserve the value of land and buildings throughout the city. 5A.101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government.. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to persona] privacy. Section 2: Applicability 5A.]02(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A.103(1) The fo]lowing definitions shall apply in the interpretation and enforcement of this Code, to-wit: (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (c) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 17 (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. (f) Building Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (h) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). (j) Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. (k) Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. (1) Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. (m) Garbage. Garbage is defined in §5.605(2)(a). (n) Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. (o) Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. REGULAR COUNCIL MEETING FEBRUARY 28, ]994 PAGE 18 (p) Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. (q) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. (r) Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (s) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a ]ease or rental agreement.), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. (u) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (v) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent, right-of-way either occupied or unoccupied by any dwelling or structures. (w) Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. (x) Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 19 (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in §5.605(2)(b) of this City Code. (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (ff) Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. (gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons. (hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. 5A.103(2) Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Chapter, they shall be construed as though they were followed by the words"or any part thereof." Article II Minimum Standards Section 1: Basic Equipment and Facilities 5A.201(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwellinq unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 20 (a) Kitchen Sink. Each unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. (b) Kitchen Storage. Each unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that. are easily cleanable and that will not impart any toxic or deleterious effect to food. (c) Food Storage and Preparation. Each unit must. contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 21 (f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the Housing Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: (i) Existing Installation. Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal at the time of the adoption of the Code, provided such continued use is not dangerous to life. (ii) Maintenance. All buildings and. structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 22 (j) All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general appearance of the existing area. Section 2: Door and Window Locks 5A.202(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to-wit: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and cor~non area. keys, all marked individually accessible to the Fire Department must be provided for access to the building. They enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved mea,~s or making contact with the tenants must be provided. (b) Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openab]e from the inside without the use of a key or any special knowledge or effort. (c) All ingress, egress and interior doors shall be kept free of holes and/or punctures. Section 3: Light, Ventilation and Electric REGULAR COUNCIL MEETING FEBRUARY 28, ]994 PAGE 23 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system Which is approved by the Building Official. (d) Electrical Service, Outlets and Fixtures. Every dwelling nit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at least the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. (ii) Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 24 (iii) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet of fraction thereof of total floor area; provided, however, the one ceiling or wall-type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or ]et to another' for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (c) No owner shall supply portable electric heaters to comply with this §5.204(1). REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 25 Section 5: Foundation, Exterior Walls, and Roofs 5A.205(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 26 (d) Rodent Proof. Each part of every dwelling shall be rodent, resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ~" diameter or larger shall be rodent- proofed in an approved manner. Interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. (e) Fence Maintenance. Ail fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. (f) Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay- resistant materials such as paint or other preservatives. (g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wa]], ceilingl inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(11 No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (al) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (i) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms, ]ess kitchen, in the dwelling unit. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 27 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary Guests. Section 7: Screening and Landscaping 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of livinG, sleepinG, eating or cooking therein which does not comply with the requirements of this §5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (i) Fence. Any partition, structure, wall, or Gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (ii) Landscape. Site amenities, including trees, shrubs, Ground covers, flowers, fencinG, berms, retaining walls, and other outdoor finishings. (iii) Mechanical Equipment. HeatinG, ventilation, exhaust, air conditioninG, and communication units integral to and located on top beside, or adjacent to a buildinG. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (v) ScreeninG. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscapin~ in accordance with the provisions of this section. (i) Sodding and Ground Cover. All exposed Ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, Gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 28 (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not. be permitted without, special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (iii) Maintenance. Any dead trees, shrubs, ground covers, and sodding shall be rep]aced in accordance with this Code. Al! trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (iv) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of- way, or iF~ediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (v) Weeds. The maintenance and upkeep of all ]awns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent, differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous ?ledge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 29 (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1)(c) must either provide screening pursuant to §5A.207(1)(ci~ or provide a minimum of one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. (f) Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, includin~ but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weathertight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. (g) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be requi~red to expand the provided parking in accordance with the Code by July 1, 19~7. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 30 (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit.. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or let t.o another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Every existing dwelling unit. shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 31 All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. (c) No person, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any smoke detection device shall by guilty of a petty misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Section 10: Discontinuance of Service or Facilities 5A.210(I) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Section 11: Public Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.2I](3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. REGULAR COUNCIL MEETING FEBRURAY 28, 1994 PAGE 32 5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 5A.2]1(5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish and Recyc]able Materials. Garbage, rubbish, and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request, the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302(1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 33 that probable cause exists for tile inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from court of competent jurisdiction. Section 3: Inspections 5A.303(1) Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at least once annually, subject to section 5A.303(2). 5A.303(2) Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions: (a) During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on a timely basis, as evidenced by two written past due Compliance Orders by the Inspections Department or Enforcement Officer of the City of Columbia Heights; or (b) During the past year, two or more tenant complaints on single family/ duplex/ triplex haw~ been received or four or more tenant complaints on a four-plex or other multiple dwelling have been received and substantiated (Housing Maintenance Code violations were issued based on the complaints). Multiple complaints arising out of the same maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the City Inspections Department will notify the landlord, in writinG, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a period of one year from the date of notification by the City Inspections department, however, that time shall be extended if any of the above set forth conditions continue to exist. Section 4: Compliance Order REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 34 5A.304(1) Whenever the Enforcement Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct, such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right, to appeal; and (d) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect, notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 5A.304(2) Upon the correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Maintenance Code. Section 5: Posting to Prevent Occupancy 5A.305(1) The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordnance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 35 danger to the health or safety of the occupants. No person, other than the Enforcement Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in , occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Section 6: Right of Appeal 5A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordnance or upon .a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1). Section 7: Board of Appeals 5A.307(1) Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Licensing Section 1: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures 5A.402(1) Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. REGULA1R. COUNCIL MEETING FEBRUARY 28, 1994 PAGE 36 (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. b) Applicants shall provide the following information on license applications: (]) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (ii) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. ,~,'~' ~al ~ripti~or~n] add~ u£ ~he rental dwelling. (iv) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (vi) A description of the type of construction of the exterior of the building. (vii) The number of paved off-street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes §5A.303(1)(d). of (ix) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (x) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). (c) Failure to complete, in full, the required license application shall be grounds for denial of the license. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 37 Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent wlhich shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwellin,] unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. Section 5: License Display 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant or the Building Official or his/her authorized representative. Section 6: License Transfer 5A.406(1) The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer fee shall be set by resolution of the Council. Section 7: License Renewal REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 38 5A.407(1; All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: (a) Completing the renewal operator, or agent of the Inspections Department; and form furnished to the owner, rental dwelling, by the City (b) Mailing the renewal form and the required registration fee to the City Inspections Department; and (c~ Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303(1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (a) The City, through its enforcement officer, shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. (b) The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation suspension, or other action restricting the privileges of the licensee. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 39 (c) The enforcement officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.408(3) A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations Governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine. 5A.408(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410(1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) Minn. Stat. §§ 609.75 through 609.76, which prohibit Gambling; (b) Minn. Stat. §§ 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) Minn. Stat. §§ 152.01 through 152.025, and §152.027, subds. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (d) Minn. Stat.§ 340A.401, which prohibits the unlawful sale of alcoholic beverages; (e) Minn. Stat.§ 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 40 (f) Section 10.312 of this code, which prohibits noisy assemblies; (g) Minn. Stat. §9 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code. which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) Minn. Stat. 9 609.72. which prohibits disorderly conduct. (i) Minn. Stat. 99 609.221 through 609.224, which prohibits assaults, including domestic assault as defined in Minn. Stat. 9 518B.01. (j) Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in Minn. Stat. 9 260.315. (k) Section 8.20I et al. of this Ordinance which relates to animal noises and public nuisances 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Departmentl that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) through 5A.408(~. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 41 5A.410(5) If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) throuqh 5A.408(4). 5.410(6) No adverse license action shall be imposed where the instance of disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice Given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of thais section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A.410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Article V Remedies Section 1: Hazardous Building Declaration 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and Vacated Dwellings REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 42 5A.502(1) The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance within the meaning of this Code. Section 3: Failure to Comply 5A.503(1) Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken. or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Section 4: Remedies Cumulative 5A.504(]) Any remedies pursued under this §5.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Article VI Penalties 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.20], et. seq.), maintenance standard. 5A.607 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 43 unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. 5A.603 No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when authorized by this Chapter. 5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant: of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. 5A.609 No person may occupy a dwel].ing or property posted pursuant to §5A.304. 5A.610 No person, firm or corporat![on, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. 5A.611 Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdemeanor, unless herein specifically noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (!)0) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 44 SECTION 2: 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: December 13, 1993 February 28, 1994 February 28, 1994 Offered by: Seconded by: Roll Call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo---~n~-Student, council secretary f. Resolution No. 94-12~ Purchase of Various Residential Properties From Anthony and Agnes Yurkew Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-12 RESOLUTION AMENDING RESOLUTION NO. 94-04 AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD OWNED BY ANTHONY AND AGNES YURKEW WHEREAS, the City Council of Columbia HeiGhts at the January 10, 1994, City Council meeting approved the execution of a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4637-39 Fillmore Street; and WHEREAS, the City of Columbia Heights had negotiated further terms and conditions for the purchase requiring amendment and re-execution of the original purchase agreement; and WHEREAS, the City of Columbia HeiGhts has offered to pay the Yurkews the $108,000 purchase price in three equal installments with a $36,000 payment at time of closing and two subsequent payments in 1995 and I996 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 45 1. The City Council hereby approves the terms and conditions of the attached Exhibit A - Purchase AGreement and authorizes the Mayor and City Manager to execute it on behalf of the City. 2. The City Council hereby authorizes the City Manager to execute all requirements and conditions of the purchase as contemplated in the purchase agreement. 3. The City Council approves an interim source of funding for the payment of the terms of acquisition from the Fund - 410, Capital Improvement Fund in the amount of $112,000, including real estate taxes and closing costs, with an interfund loan from the Retained Earnings of Fund 652, Sewer Construction Fund. The interim sources financing for the purchase will be repaid at such time permanent financing can be arranged by the City of Columbia Heights. Passed this 28th day of February, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary G- Resolution No. 94-13; Being a Resolution Supporting Legislation to Allow the Temporary Storage of Spent Fuel bY Northern States Power Councilmember Nawrocki read the resolution. RESOLUTION NO. 94-13 SUPPORTING LEGISLATION TO ALLOW FOR THE TEMPORARY STORAGE OF SPENT FUEL BY NORTHERN STATES POWER AT THEIR PRAIRIE ISLAND NUCLEAR POWER PLANT WHEREAS, Northern States Power Company's Prairie Island Power Plant has produced safe, low cost electricity for more than twenty years and consistently ranks as one of the lowest cost, safest, most productive and efficient nuclear plants in the country; and WHEREAS, the Nuclear Regulatory Commission has repeatedly recognized the Prairie Island Plant as one of the best run nuclear facilities in the country; and REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 46 WHEREAS, if the Prairie Island Power Plant is forced to close, the loss of this safe and iow cost base load twelve-hundred mega watt electric generating plant would cost not only NSP customers more in higher rates, but remove an efficient power source from the Mid-Continent Area Power Pool (MAPP) and thereby adversely affect all upper midwest electric consumers; and WHEREAS, the Prairie Island Power Plant contributes substantial annual real estate tax payments, thereby reducing and in some cases eliminating, traditional educational and local government aids, and the shut down of this plant with resulting lost tax base would cost the State and other cities and school districts millions of dollars in increased State- Aid payments thereby affecting adversely the vast majority of Minnesota taxpayers; and WHEREAS, the Prairie Island Power Plant will reach maximum capacity of its temporary storage facility for spent fuel in 1994 and all necessary permits and approvals from State and federal regulatory agencies have been obtained so as to allow for the temporary storage of older spent fuel in dry casks, a method safely utilized by at least six other nuclear power plants; and WHEREAS, the Prairie Island Power Plant is located within the City of Red Wing and the City and the vast majority of residents strongly favor approval of State legislation to permit this temporary spent fuel storage and further that the City has requested the support of other cities. NOW, THEREFORE. BE IT RESOLVED, by the City Council of the City of Columbia Heights that it supports the City of Red Wing's efforts to seek approval in the Legislature to allow on-site temporary storage of spent nuclear fuel from the Prairie Island Plant until the U.S. Department of Energy meets its obligations to a national high level permanent waste repository. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to forward a signed copy of this resolution to the Governor and State legislators representing the City in the State Legislature and in like manner notify the City of Red Wing of the City's adoption of this resolution. REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 47 Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant ATTEST: William Elrite (City Clerk-Treasurer) COMMUNICATIONS There were no communications. o OLD BUSINESS There was no old business. NEW BUSINESS a. Policy on Administration and Engineerinq Charges The total engineering costs and administration costs for the sealcoat improvements are approximately $32,000 and for the midblock lighting improvement are approximately $800. The Council discussed sources of funding for these costs if they are not assessed. Motion by Peterson, second by Nawrocki to amend the City Special Assessment Policies by excluding the administration and engineering charges from the actual costs to be specially assessed to property owners for sealcoat improvements. Roll call: All ayes Motion by Peterson, second by Nawrocki to amend the City Special Assessment Policies by excluding the administration and engineering charges from the actual costs to be specially assessed to property owners for mid-block lighting improvements. Roll call: All ayes b. Application for Tax Exempt Status on Purchased Sheffield Properties Motion by Ruettimann, second by Peterson to authorize the City Manager to forward all the applications requesting exempt tax status for the Sheffield area properties acquired by the City. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 28, 1994 PAGE 48 c. Increased Pay Rate for Sewer/Water Foreman Motion by Jolly, second by Nawrocki to approve the starting rate for Terry Randall, the Sewer/Water Working Foreman at the 2-year (Step IV) rate of $15.24/hour based on the 1994 labor contract between the City of Columbia Heights and the International Union of Operating Engineers, Local No. 49. Roll calI: Jolly, Nawrocki, Peterson, Sturdevant - aye Ruettimann - nay 10. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following item was discussed: Off Sale Liquor Operations: Councilmember Nawrocki requested an explanation regarding the reasons for the decrease in the liquor operations profits. The City Clerk Gave the explanations for all three stores. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 9:25 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: March 14, 1994 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: 6 Building Inspection APPROVAL ITEM: Condemnation/_ ~ BY: Evelyn Nygaard~u~- NO: 4501 Madison Street N.E. ~ ~-~ DATE: February 23, 1994 This item is a continued agenda item from the February 28, 1994 meeting. Subject property is: A wood framed house previously used as a single family dwellin§ located at 4501 Madison Street that has been vacant since July of 1990. Found: Hazardous/substandard Housing Maintenance Ordinance violations. This property was inspected on September 3, 1992 for compliance with the City of Columbia Heights Housing Maintenance Ordinance ~1176. Fourteen code violations were cited and a correction order issued noting a maximum of six months for compliance. No items have been repaired or corrected to date. The structure is dilapidated, substandard and structurally unsound. The Building Inspection Department and the Police Department have received numerous complaints about the property including trepassing, failure to remove snow from the sidewalks, debris on the property, and an attractive nuisance to children. On Tuesday, March 8, 1994, Pat Hentges and Evel)~ Nygaard met with Ms. Sroka and a realtor named Richard Killian. Ms. Sroka was requesting an extension of the hearing or an extended time to make outside only repairs. She is unable to do anything right now due to lack of funds. The property has outstanding taxes due totaling $5,300.90, $3,235.50 in arrears from 1992, $1,095.08 in arrears for 1993 and $970.32 for the current tax year due, Should the City Council extend this time, a performance bond for code compliance or removal with a stated time of completion would be necessary. However, even if exterior improvements are made, Mr. Hentges has requested that Ms. Sroka present a definite plan of action with specified completion dates prior the hearing date of March 14. Continued COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 14, 1994 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: 6 Building Inspection APPROVAL ITEM: Condemnation BY: Evelyn Nygaard BY: NO: 4501 Madison Street N.E. DATE: February 23, 1994 Page 2 Several notifications regarding securing the property went unheeded by the owner. On July 30, 1993, the Public Works Department boarded up the property and a bill of $253.82 is still owed for the that work.. RECOMMENDED MOTION: Move that there is adequate evidence to find the structure at 4501 Madison Street is hazardous and in violation of the law and 'that the City Council orders the existing structure to be razed, demolished and all parts of the former structure removed, including concrete slabs and foundations. The site must then be restored to a safe condition with fill as necessary. Utilities are to be cut off and sealed per the Engineering Departments requirements. Such corrections shall be completed within forty-five (45) days of the service of this order. A motion for a summary enforcement will be made to the Anoka County District Court unless corrective action is taken or unless an answer is filed within the time specified by Minnesota Statute 463.18, the cost shall be charged against the real estate as provided in Minnesota Statute 463.21. COUNCIL ACTION: STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT In Re: Hazardous Building at 4501 Madison Ave., N.E., Columbia Heights, Minnesota (Lot 4, except that part described as the following: the north 86 feet and all of the east 60 feet lying south of the north 74 feet and except the east half of that part of lot 4 lying south of the north 86 feet and west of the east 60 feet, Block 1, Gillette's Annex to Columbia Heights) ORDER The above matter came on for public hearing at a regular meeting of the City council of the City of Columbia Heights at 590 - 40th Ave., N.E., Columbia Heights, Minnesota, on the 14th day of March, 1994, at 7 p.m. Notice was given to all owners, owners of record, and lien holder(s) of record as required by statute. Upon hearing the evidence in the matter, the City Council made its: FINDING8 OF FACT A. That on or about the 3rd day of September, 1992, a representative of the Columbia Heights Building Department, Evelyn Nygaard, inspected the real property located at 4501 Madison Street, within the City of Columbia Heights and owned, according to records available in the Anoka County Recorder's Office, by Christine Sroka. B. That the City of Columbia Heights has for several months attempted resolution of the hazard. C. Based on such inspection, the following conditions and violations of the Housing Maintenance Code were found, to wit: The structure contains and improper flue and chimney for a wood burning stove. A class A chimney is required for solid fuel burning appliances, metal chimneys are required to be listed assemblies (City Code Sec. 5A.205 (1) (h)). The structure contains severely deteriorated windows, storm windows, and screens, including numerous rotted trim boards (City Code Sec. 5A.205 (1) (b), 5A.205 (1) (c)). The structure is not safe from the elements. There are numerous holes in roof were leakedge is occurring. Additionally, there is missing, cracked and deteriorated siding (City Code Sec. 5A.205 (1) (a) (c) (d) (g)). The structure does not possess proper frost footings (City Code Sec. 5A.205 (1) (g)). e The structure contains improper plumbing assemblies, i.e. waste drains and vents. It appears that the kitchen sink is not vented at all (City Code Sec. 5A.201 (1) (a), Minn. State Plumbing Code 4715.0200 (a)(e)(g) (i)). The structure contains hazardous stairways, the handrails are incorrect. All openings are to be less than 6 inches (City Code Sec. 5A. 201 (1) (g), Uniform Building Code 1711). The structure's floors are sagging and uneven. They are not capable or supporting the normal structure loads (City Code Sec. 5A.201 (1)(g), 5A.205 (1)(g)). The structure is no longer protected from the elements and/or decay. The exterior contains significant amounts or peeling paint and/or bare wood (5A.205 (1) (a). The house is not fit for human habitation and is a hazardous building and hazardous property because of the inadequate maintenance, dilapidation, physical damage, unsanitary conditions or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. CONCLUSIONS OF COUNCIL ae The structure is hazardous because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. B. The structure is hazardous due to structural hazards. C. The structures are hazardous and are an attractive nuisance and hazardous to children in the area. D. The structure is not subject to repair, rebuildin~, alterations or additions and must be razed, demolished and removed. ORDER The structure at 4501 Madison Street N.E. shall be razed, demolished, and removed. The site must then be restored to a safe condition with fill as necessary. Such corrections shall be completed within forty-five (45)'days of the service of this Order. A motion for a summary enforcement will be made to the Anoka County District Court unless corrective action is taken or unless an Answer is filed within the time specified by Minn. Stat. § 463.18, the cost shall be charged against the real estate as provided in Minn. Stat. § 463.21. Dated: BY ORDER OF THE CITY COUNCIL Dated: Joseph Sturdevant, Mayor CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager ~pril 20. !~88 OunerlOooupant q501 HadAnon St. I~ Co.tua~la So~hto, tin a~ ~ ato~ on ~r p~porty. ~P~ i ~ent ~otLon, thta seaphone m .riflH, u it ~t~ the the folloe~ it~ a~be~ ~P~rly o~ behind ~u 2 T/~o, appltnoe, S~ery oar~, ~ ebatr, ~d ~oellaneous debt/3. ~~, do~t passe ~ur aa~o ca~ at the curo ~ t~ 2~ ~uce ~vnoe of~fa~qe plek up day. ~ t~ of o~o ~ ~ vt,helen of City ~e nd mat be dLseo~tAnu~. 1. P~perl7 dAn~ of the a~ve Lte~; or, 2. ~t~ou lteu to the ~terLor ~t~ ten di~ of t~ date or ~ letter. Failure to oonply MAth th~ ~ut w~ll ~ult ~ the lnuuoe of a oitet~on to~ v~olat~ C~ty O~oe ~. 8~3 (n ~). PXoaoe moto ~bat ell of the item BentAnned above, except the ttr~, ullX be accepted by the Cttyeaoontceot re~o hauler on ooXlectlon day ZF properly bundled. To m~-qt Tou, ! have cool,sod mn AnFo~antiorm! sheet per~.ain~ tO the proper hlndlin~ of flrtLa~e and refuse, uhloh outlines how suoh items may be disposed. AA]o, cool,Bed Asa FXYer perteinina to the reayclAn~ progcea, outlAni~ uhat items rill be aacepted at the Center. Up to Four tires, with the Betel rAn~ r~oved, per resident ,~3l be mooep~od at the City's Recycling Center. Per, om must present ldontZ~AOation Andre&ting they ace a resident OF ColtlmbXm b:tghts :tn order to dispose of tlr~ at the Center. The rooyclXng omnter~mavmALuble For use, at no c~st, by residents of Columbia Heights. Tir~ mr~otmooeptod by the CXty'a oontract refuse baule~, on oollectlon day. As&~n, tho sarb~emen -:LI1 pack up two garba&e oan~ placed by the sZde of you~ house. Er'cra r~f~e san bo pissed at the ourbsZdo, but not more than 2~ hour~ Thank ~mo, An &Arms, e, top your antlolpated oooperat/on An cesolvAng u'itter. Should Tou have any quest/eno, pie&me oontact ~tnoorely, Gayle A Pce~t GAP/oh Off lee of the CAty llana~er 88/60 - PS/A reAn]poctlon vlll be oonduoted to ensuce oompltance. CC~ Hr. Podloeakl Box 207, Asker, lqN CITY OF CI~ OF COLUMBIA HEIGHTS '~? (.-::'-~Z? T; ,':;7~ ~:~ ~' LU:5~ ~ A~N.~~~'~47~-::~ -~/'-'~ f. - .;~'~ ~"~~ ~h~, MN ~1~7~;'~'~:~'::~- .... 7~9~1 -~~ "SERVICE IS OUR BUSINE~' 3une 7, 1988 ~ed Podlewsk~ P.O. Box 207 Askov, lfl~ 5570~-0207 45401 Nadison St. N.E., Colusbia Heights, ~N Hr. Podlewski: Accord~nS to City records, you are the listed property o~ner of 4501 ~adison Street N.K., Columbia Heig]~ts, On June 6, 1988, it was noticed that some type of wood burn'ns stove f~replace ~d ch~ey had been ~stalled ~ the house located at 4501 h~$on Street N.E. It appears ~at the appl~ce ~d ch~ey ~stallat~ ~y not meet ~e m~ code requirements ~d may be a f~re hzard. No pe~ts were ~osued for a wood bu~S appl~ce ~d no ~spect~on has been made. I Bust ask at ~s t~e ~at you apply for ~e required ~spect~on of the appl~ce ~d ch~ey, or remove ~em from ~e bu~Id~s. ~closed ~s the appl~catLon for ~e required pe~t. Please sub~t ~e appl~cat~ alon~ v~th a copy of ~e ~ufacturer's ~stallat~on ~st~ct~ons to the Inspection Depar~ent located at 590 40~ Avenue N.E. Col~b~a Hel~ts, If you have ~y questers, please call 788-9221. Your cooperation ~tter ~s appreciated. S~ncerely, Steven Nelson Assistant Building Inspector City of Columbia HeiBhts cc~ Robert Bocw~nski, City lianager Charles Ke~att, ~ze ~lef ~V. ~.~ ..... ~ M. P~, ~lr,~r ~11 D. ~, ~~r E~ M. ~n, ~l~r Ga~ ~ ~, ~~r EOU~ OP~N~ EMP~R I Ce~ificate of Survey: - ~a~s Cr~!L ......... i J /---- ...... 7 il : / ' ' II i ~[ I ~ - ~,~t~11 ~ ~ ~a ' . , ~ ' ~- [~ '-'~~_:~]~~J .~ -17 ~ DEu~'~S x~ 46.5 ~- -~.5- - 60 ,, I~o~s -- -151.15 P~T- 155.0 M~5.-- ~ T,~e last 1/~ o+ ali +.hat hart cf Lot ~, i~ock I, gillette's. the North 8~ feet .,,c excel: ali c~ tnt- Last 00 said Let 4. - ...... I HEREBY CERTIFY THAT THIS IS k TRUE AND CORRECT R~PRESENTA110N OF A SuRvEY OF THE OF THE ABOVE DESCRIBED LAHD, AHD THE LOCATIOH OF ALL BUlLDIHGS, THEREO~, A~D ~LL VlSIB~ EH CROACHMEHTS, IF ~Y, FROM OR ON SAID LAHD. AS SURVEYED BY ME THIS.. 16th ..... DAY OF ...... AU.gU~.t ........... A.D lO 67... H C PIOIUM AND ASSOCIATES[ i~C L~ND SURVEYORS ......... ...... · 'y~ ..... ~/~ ....... ~. ............ LIST OF DOCUMENTS 4501 MADISON STREET N.E. 1. 'Notice for public hearing. 2. Survey of property. 3. Photos of property as of August 13, 1992. 4. Photos of property as of April 21, 1993 and February 2, 1994 (board up with notice). 5. Compliance order of April 20, 1988~ 6. Compliance letter of June 7, 1988. 7. Complaints. 8. Police report and complaint. 9. Complaint of January 17, 1992. 10. Complaint of December 2, 1992. 11. Police report of October 25, 1992. 12. Continue police report. STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT In Re: Hazardous Building at 4501 Madison Ave., N.E., Columbia Heights, Minnesota (Lot 4, except that part described as the following: the north 86 feet and all of the east 60 feet lying south of the north 74 feet and except the east half of that part of lot 4 lying south of the north 86 feet and west of the east 60 feet, Block 1, Gillette's Annex to Columbia Heights) NOTICE OF PUBLIC HEARING TO: Fleet Mortgage Corp., Christine Sroka, Ted L. Podlewski, Kristine Marie Schoeder and Ronald Scott Schoeder. PLEASE TAKE NOTICE that pursuant to Minn. Stat. § 463.16 the City Council (governing body) of the City of Columbia Heights will hold a public hearing on the 14th day of March, ~994, commencing at 7 p.m., or as soon thereafter as may be heard, at the City Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota, to consider an Order that you correct the hazardous condition of the building located at 4501 Madison Street, within the city limits of Columbia Heights or raze or remove the said building. In deciding whether or not to make such an Order, the City Council shall consider and take evidence on the dilapidated condition of the property. You will also have the opportunity to appear and present evidence if you wish to oppose the recommendations of the Building Official or wish to offer any other relevant evidence. You should also take notice that if the City Council does properly issue such an Order and you shall not comply with the Order, the city may make a motion for enforcement of that Order in Anoka County District Court. You should further be advised that the City has the right, under Minn. Stat. § 463.22, to obtain a court Order allowing the City's expenses of enforcement, including filing fees, service fees, publication fees, attorneys fees, appraisers fees, witness fees, including expert witness fees, and traveling expenses incurred by the City to become a charge against the real estate. Dated: KALINA, WILLS, WOODS, GISVOLD & CLARK Lee Ann Bocwinski #227651 City Attorneys, City of Columbia Heights 941 .Hillwind Road. NE, Suite 200 Minneapolis, MN 55432 (612) 789-9000 Gml~or~ J. W~d~ f COLUMBIA HF. IGHTS CITY ATTORNEY 941 Hiliwind Rd. N.E. (612) (612) 571-2418 (Fax') January 13, 1994 ~s. Christine Sroka 2227 Buchanan S~reet NE Hinneapolis, HN 55418 PERBOHALLY BERVL'D RE: Condemnation proceedings for 4501 Nadison St., Columbia Heights, HN Dear Hadam: Enclosed please find a Notice for Public Hearing on the above described property. At that public hearinq, the City Council for the City of Columbia Heights will take action toward condemning the property. Xt is my understanding that you have executed a contract for deed on the property with a Mr. Ted L. Podlewski. Xf you have any Anformation as to Mr. Podlewski's current address or whereabouts, please contact my office. Thank you for your attention in thisnatter. Yours very truly, KALINA, WILLS, WOODS, GIS~OLD & CLARK Assistant City Attorney enclosure 'SERVICE M OUR BUSINESS' EQUAL OPPORTUNITY EMPLOYER 10731 MISSISSIPPI BOULEVARD N.W. COON RAPIDS, MINNESOTA LAND SURVEYORS Telephone 421-6340 1937 - 1~ - 65' Certificate of Survey: 3ames Craic ~o.~ -151.15 45 ~ -AVE. NI.E. T,le ~.ast 1/2 of all *hat~',~art cf Lot :, i~9¢k I, Liliett¢'s. Annex to £oIun'l;ia Hei.~ht~.,Lncka ¢0unt)', .~':~r. ese;a; cxcee'- tnb aor~n 86 feet -,,c exce.-.: ali ~t t. Lt- Last said Let 4. I HEREBY CERTIFY T~AT THIS IS i TRUE AND CORRECT REPitESEN3AIION OF A SURVEY OF THE BOUNDARIES OF TaR ABOVE DESCRIBED LAND. AND THE LOCATION OF ALL BUILDINGS. THEREON. AND ALL VISIBLE Eta CROACH**ENTS. IF a~¥. FRO~4 OR ON SA~D LAND. AS SUnVEYED aY ~E 'rHis...16tb ..... DAY OF ....... /~ugU?. t ......... A.D lO t~7 .... Iq C HO~LJM AND ASSOCIATES/ i~C .: LAND SURVEYORS ,' . .... ........ ... .............. , ' /, 1"V'17' :"14,, April 20. 1~88 Ouner/Oooupaat ~501 lkd~,,o- 3~. ~ Columbia 5e~hts, HM 55~21 ~ur office rnoeatly re~eiv~ a coaplaAat re4ar~a~ tbs manet a~ ~ ato~ on ~r p~rty. ~r~ a ~ant ~tLoa, ~~, do ~t p~ane ~ur gl~e ~ ~v~oe of ~ Sa~e ptek up day. ~ t~ of a~e ~ ~ vLo~tlon o~ Clty ~e ~d ~3t be 1. P~rly dL8~ of the above ~t~; 2. ~ t~ ~ove Lte~ to the ~terLor ~t~ ten da~ of the 4ate o~ t~ letter. FaLIo~ to QOaply ~.t eLI~ ~ult ~ ~he ~U~Oe Of a o~tatLon for vlolatL~ ~. 8~ (. ~). P~aae note r. hat all of the ttew ~entiGned above, ~cept the ti~, will be ~ep~ bY tM City's ~at~ot ~e ~uler on ooll~tLoa day 1~ b~l~. To ~t ~0 X ~ve ~oloo~ ~ ~o~tio~l sheet pe~aLn~ to th p~r ~1~ o~ la~e nd ~e, v~ob outl~e~ ~v auoh Xte~ ny be d~p~. ~, ~1~ ~ a f~r ~aln~ to the ~yol~ ~tl~ u~t 1~ ~1 ~ aoeept~ at the C~ter. ~ to four tires, with t~ ~1 r~ ~, ~r ~aLdent b'lll be aooept~ at the City's ~ter. h~ ~st ~t id~t~ffA~tLon ~dicat~ t~y a~ a ~sideat ~1~ ~hts ~ o~ to disuse of ti~ at the ~ter. The ~oycl~ o~ter ~ a~L~ble for ~e, at no cost, by ~/dents of ~l~La Be~hts. T~ m ~ ~oept~ by t~ CitT's contract ~se ~le;. on ecliptics day. ~a~, t~ S~e~n ~11 pick up t~o Ea~e o~ p~o~ by the side of ~. ~ra ~e ~ be p~o~ at t~ ou~s~de, but act ~re t~ 2~ ~u~ Thank ~u, J~ &Jvenoe, for your anticipated cooperation ~n reaolv~ th~a '~tter. 3bould 7au have any quest/cna, please contact Be. ~Lnoerely, cIYY ~.~j. CROF',LME. O,~'"-"' f,"'""' t ~* CITY OF COLUMBIA HEIGHTS :::?_'~_:~: ;.::590 40t~ Ave/N.'E.~'-':-'~:':-??::.:'7=...':',': :'. - - "~-: ----'- -"~-Col~ Heights, MN 55421;3871~ ~'~-"~-~"~?:'=:: ::': "SERVICE IS OUR BUSINESS" June 7, 1988 Ted Podlewski P.O. Box 207 Askov, ~lt §570~-0207 45401 Hadison St. N.E., Columbia Heights, ~ ~r. Podlewski: Accord[uS to City records, you are the listed, property owner of 450! Hadison Street N.E., Columbia He~ghts, On June 6, 1988, it was noticed that some type of wood burning stove or fireplace and chimney had been installed in the house located at 4501 liadison Street N.E. It appears that the appliance and chinney installation may not meet the mininum code requirements and may be a fire hazard. No permits were issued for a wood burning appliance and no inspection has been made. ! must ask at this time that you apply for the required permit and request an inspection of the appliance and chimney, or remove them from the building. Enclosed is the application for the required permit. Please submit the application along with a copy of the manufacturer's installation instructions to the Inspection Department located at $90 40th Avenue N.E. Columbia Heights, If you have any questions, please call 788-9221. Your cooperation in this matter is appreciated. Sincerely, Steven Nelson Assistant Building Inspector City of Columbia Heights ccz Robert Bocwinski, City Hanager Charles Kevatt, Fire Chief ..... Rita M. Petkoff, Councilmember Russell D. Paulson, Oouncilmember Edward M. Carlson, Counctlmember Gary I_ Petemon, Councilmember EQUAL OPPORTUNITY EMPLOYER ~W,I-II LE YOU WER,~E AWAY) ,~. PHONE MESSAGF r FOR~--=~~(~ /ii/' 't ,/J' r/L----~M.~ M ~ ~E--~.-~--TI M E~ ~'~ ~-~ / ~ ~:? .... ~.~. R~URNED PHONE ~/ --~~ ~ Y~ MESSAGE ~- WI~ ~ ~ ~ s~You ~ ~ ~ ~~ W~S TO YOU . IN.I~IAL COMPLAINT REPORT -- . " COLUMBIA HEIGHTS POLICE P0~'[ AODIESS i&l[? 0[S[RIPII0h 0F INClO[#1, LOSS, D[TAILS or orr[Ms[ DOB &OD&£SS roi CON1ACT BRAND DESCRIPTION OF tTIrMS. IDENTIFTING C~4ARACTERISTICS ~ vALu~ J r WERE AWAY) PHONE AREA CODE MESSAI~ PHONED RETURNED ~ 'YOUR CALL PLEASE CALl WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU $~FORM 4002 TOPS MI CROFILMED.__,. ~;~" 7 ! ~,-'~. January 17, 1992 Attn Evelyn Nygaard Building Inspectors Office City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN. 55421 RE: Property at 4501 45th Avenue N.E. Dear Ms. Nygaard: I am writing this letter to voice my concern over the dilapidated condition of the house at the above address. I have spoken to your office regarding this matter several times within the past several years, as have many of the other neighbors. The complaints that we directed to you were regarding the unsightly condition of this property and to express our concern that some action would be taken to remedy this problem. This house is a definite detriment to our neighborhood. The house and the yard have really never been taken care of by any of the people that have lived there. In the summer the grass has grown to a foot high in the front yard and the back yard is nothing but dirt ground. Some of the windows are cracked or broken and have been in that condition for years. There has always been a large amount of debris in the back yard. There have been old garbag.e~-a~rs-always uncovered, large concrete containers tipped over, not being used for anything special. Also, there is a wood pile up against the fence which has been there for several year~ and it seems the wood wa~ never being used. This pile harbors rodents and other animals as I and other neighbors have seen rats running around in the summer. These are very unsanitary conditions. A few years ago the people that lived in the house installed a "makeshift" chimney on the west outside wall. Besides not looking good, I would suspect that it was not buil% according to the city fire codes. As this house has been vacant for a long time, it has attracted many kids in the ~ummer time. I have seen kids hanging around there, throwing rocks at the windows and breaking them and throwing other objects at the house. I have been so afraid that kids could start a fire near the house and needless to say,. it would be very dangerous to the surrounding~omes. : ...... : This house I hope, can be removed from the neighborhood or whatever has to be done to remedy this problem that has been ongoing for so long. COlumbia Heights, MN. 55421 CO~.JMBIA HEIGHTS PC,,-ICE FULL IMME -LAS: .FIRST ,MIDDLE CITY CL C)'/~l I~ ~SCII iPT iOl~.  L OYED AT ~PIP FP,rO.J'C. PnDPED?v SI.STOL;k DA,DMuI~ED OCB Dn dIGE SEx flCi~ ll)CNE g~ tO'~ ~ P)CNE )Mtn vihN~l~En iDE~?,FIEqS pau6~s pa~3Gl~n aq II!~ al3!qa~ ~m ~ql ~luRJen6 ou a^eq OSlg I 'Jn3~ [eq[ ~a6~ep ~u~ al~qa~ paq!~sap a^oq~ aq~ §u~olun ldmai~ ol paz!~oq~ne ~qa~ ~e no~ ~A.~ 1no, po'-[ CITY OF COLUMBIA HEIGHTS MEETING OF: M~r~h 14, 1994 AGENDA SECTION: PUBLIC HEARINGS/ ORIGINATING DEPARTMENT: CITY MGR ORDINANCES & RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: POLICE RELIEF ASSOCIATION - P.E.R.A. BY: P. HENTGES No:CONSOLIDATION Po~iceaRe~ief DATE: 03-10-94 Attached nlease find a resolution at~rovine the ~ ~ssociation Consolidation with the Pub lic Employees Retirement Association (P.E.R.A.) Police and Fire Plan. Attached please find various exhibits discussing the implications of the consolidation: 1. Procedures from State of Minnesota. 2. Supplemental projection of the Columbia Heights Police Relief Association under P.E.R.A. consolidation. 3. Report preliminary to consolidation. 4. Table of actual police and fire consolidation experience. 5. Letter to St. Paul from Gabriel, Roder regarding P.E.R.A. consolidation. 6. Letter from Best and Flanagan, Brian Rice, regarding approval of 1993 special law. 7. State Board of Investment Letter. After much discussion, projections seem to indicate that Police Relief Association consolidation into P.E.R.A. will result in initial savings for police pension costs in 1994, as no additional municipal contribution will be made. Costs are expected to remain at somewhere close to pre-1994 level for 1995 and 1996; with a decline thereafter. Because the special 1993 law change increased the level of rate of pay that existing benefits are paid on, the savings in year 2 and 3 of consolidation may remain at existing levels, with even greater savings in future years. Thus, I am cautioning the City Council that though the amended Milliman and Robertson projection on municipal contribution is correct in terms of total savings, the schedule showing the years could be as much as $50,000 more in 1995 and 1996 and significantly less in 1997 on forward. In otherwords, our contribution level may remain at the existing level until active members actually declare into P.E.R.A. They do have a window to declare P.E.R.A. plan vs. the private plan from, and when PERA is declared, the contribution actually goes down. The consolidation is expected to provide a greater benefit to both the active and retired membership. First, the retired members can select an escalator based upon the increase of the existing police officers or the P.E.R.A. escalator that is based upon pension fund performance. In the past years, the P.E.R.A. escalator has exceeded the increases of our top patrol officer rate. Second, the current active members will receive a greater retirement benefit if they choose to work longer and have their pension based upon the top five years of service vs. the top patrol officer rate. The current active members in the department have the rank of either of Sgt. or Captain. The major factors which contribute to the city's annual pension cost savings under consolidation appear to be a combination of factors: 1. Administrative costs will be reduced by approximately $15,000-$18,000 annually under police consolidation. 2. It is assumed that the active members will work longer and accordingly pay more into the fund (but their higher retirement benefit will offset some of the savings). 3. The actuarial assumptions under P.E.R.A. are more liberal than the assumptions used for calculating unfunded accrued liability under the current police relief association. Continued COUNCIL ACTION: }] olq t.~tT L. CROSBY LEONARD M ..A~IDDINOTON P,I.LEN D BAHNARD ROBERT J. CHRIST~NSON,, IR F~a d, WaLZ F~ V~L I~EST & FLANAGAN 2~TTORNEYS AT LAw SCOTT D. ELLER CHARLES C- BERQUIST GEORt;E O. L~;DCKE E. JOSEPB ~AX'E GRE~RY D. SOULE Cav~' E. GORLIN PATRICK ~. HENNESSY TIMOTHY ~. ~UL~'~N BRI~W F. RICE 5~RI~US W X~N PUTTEN,J~. DANIEL R.W NE~ON DAVID B. MORSE T~C~' J. VAN STEENBUROH ~OHN A. BURTON., [ R. DAVID J. ZUBKE JAMES C- DI~CLE~ ~T~'EN R. ~UGER ROBEBT L.MEL~R,JR. ,JAMES P. MICHELS JUDITH A .R~SHESKE PAUL E ~M1NSKI 4000 FIRST BANK PLACE 001 SECOND _~VENEE SC, UTH .XIINNEAPoLIS, ~XIlq 5,~402 TELEPHONE IOl~ a:tO Y121 TELECOPIEI~ :01~} 3E49 CINDY d. LAItSON OF COt-~SEL JOHN P. BOYLE ,JOHN a. CARROLL ROSS C. FORME~ JAMES D OLSON MARY E. SH~EN ARCHIBALD SPENC~ CATHERINE ~J. COU~EY ~RD B. LEWIS ~ITH ~1. Baanaaa M. Ross T~cY F. JE~ICE M. REDING ROBERT D. ~HER 1~2 ~ DAVID Il. JOHNSON ROBE~ J. F~NAGAN M~C~aEL L .D~s M~C~EL H. P~N~ Direct Dial: 349-5652 March 7, 1994 Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 RE: Police Consolidation Dear Mr. Hentges: Enclosed please find copies of: Laws 1993, Chapter 126 relating to Columbia Heights Police Relief Association; and 2. Minnesota Statutes, Section 645.021, subdivision 3. As attorney for the Columbia Heights Police Relief Association, I would strongly recommend that the Columbia Heights City Council take an action giving its local approval to Laws 1993, Chapter 126, Article 1 and formally file that approval with the Secretary of State's office. While you are quite correct that tile Legislature amended Chapter 35~ by changing the definition of salary, a legal issue could come up because of the provisions in Section 645.021 and the State Constitution which require local approval of legislation affecting only one municipality. If you have any questions, please feel free to call. Very truly yours, Brian F. Rice BFR: rmr Enclosures cc: John Marciniak BFR\Hentges. [tr Ch. 126, Art. I LAWS of MINNESOTA for 1993 368 CHAPTER 126--H.F.No. I442 An act relating to the city of Columbia Heights; exclusions from salary in computing police ,'elief association retirement benefits; permitting a contribution with interest by a member for past service with the city: amending Minnesota Statutes 1992, section 353B. 02. subdivision lO; and Laws 1977, chapter 374, section 8, subdivision I BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 COLUMBIA HEIGHTS POLICE BENEFIT CHANGES Section I. Laws 1977, chapter 374, section 8, subdivision 1, is amended to read: Subdivision I- The words "salary of a top patrolman" and "top patrolman', salary" as used in this act shall mean all monthly wages and salaries subject to Minnesota state or federal withholding for tax purposes of a top patrolman emi~t)yed by the city of Columbia Heights on scheduled shifts set by the city of Columbia Heights pursuant to the current terms of any labor agreement between the policeman or his union and the city of Columbia Heights~ including longev- it_y. pay an_~d education incentive pay in an amount not to exceed $235 per month. The terms "salary of a top patrolman" and "top patrolman's salary" shall exclude payment for overtime work which shall be defined as work performed at the express authorization of the city of Columbia Heights in excess of the police- man's scheduled shift, any increased amount of pay over the pay of a top patrol- man for duties as a detective investigator, payment for volunteer work, payment for court time, payment for call back time which shall be defined as work per- formed by a policeman who ts called to duty during his scheduled off-duty time, paymen: of edaeatim~ i:.een:~'.'e ~ t~ Icngc'A:7; payment for clothing, payment for holiday service, night shift pay, emergency duty pay, standby pay or pay for or in lieu of any fringe benefit or term or condition of employment whatsoever other than payment for scheduled shifts. Th~: de,t~r, kicn :hall be aefi':e to June -~, 1976. Sec. 2. BUY BACK FOR CERTAIN PAST SERVICE. Notwithstanding Minnesota Statutes, section 353A.10, subdivisio_n I, a member of the Columbia Heights police relief association who was hired Febmarv-i'.~6--~'9~wed to contribute to the relief associati'~'n o-'~o th..~ ~ation accou"~t u-'~'~er ~innesola St~'ut'~'s, chapter 353A, ~v'~c"~'e~-~ ~~al t--~eigh~f the salary of a l~p grade cer frog'-['he efiod Febm-~ 10. 1989. t~o"~'-v.h the la'~'~ll ~-ooni'~'~uti'~'nsPweould be req[~e~under [onsol(~iati-'-on ~'h-~'e'j~t~bhe ~ .'~ reurement association, plus interest at the rate of 6.5 percenh New language is indicated by underline, deletions by · SuM whicl (I) A~ (2) A, O) .~ (~) ~ LAWS of MINNESOTA for 1993 Ch. 126, Art. 2 369 thatfro__mthc date the membc~ contribution would thee ~ amount ~s ~ "i .. hav__~c been_ ~ unti_~l ~ Minncso~ Statut~a sectio~ 353.01~ subdivision 10, para- ~ ~ contributions made b_,y a mem-be.r, of the Columbia Hei~dlts ~ ~!~ assoc~tion pursuant to----~is sectio.n, may be i--~cluded_ i~.n ~ the utp. g~ in th_~c cven,t. ~ the l~erson selects benefit ~ unde ~ ~ ~ ~ and fire fund bcnefi.._.__~t ~ following _a consolidation undc.r Min.__.: Sec. 3. LOCAL APPROVAL Sections 1_ an__~d 2 are effective ~ an affirmative vote ~ the ~ of Colum- bia ~ ~ relie_.___f association., to co~nsolidate, witch th__~e ~ ~ ~ an~d fir_~e fun__~d unde.__.~r Minnesota. Statutes.~ sectio___._~.n ~ an~d ~ ~ of sections 1 and 2 b_,y the Columbia HeiKhts ~ council an~d ~ an~ce wit___~h Minnesota Statutes~ section. 645.021~ subdivision 3. Th__~e amendment ma~dc in _section_ 1_ ~ on~ to benefits oayable_ and contributiqn_~s mad~e aftc___~r the date of apl~roval b_.y the Columbia Heights ~ council. ARTICLE 2 CONFORMING CHANGES Section 1. Minnesota Statutes 1992, section 353B.02, suit,division 10, is amended to read: Subd. 10. SALARY. (a) ~Salary" for benefit computation and contribution purposes means the salary of a first class or first grade firefightcr or patrol ot~- cer, whichever applies, for the former members of thc following consolidating relief associations: (1) Anoka police relief association~ (2) Austin firefi~hters relief association~ (3) Austin police relief association~ (4) Columbia Heights fire department relief association, paid division~ (~) Fairmont police benefit association; (-~ (6) Faribault fire department relief association; (4~ (7) Mankato fire department relief association; New !~n~ovage is indicated by undedin.e_, deletions by st.t. ik~m~. Ch. 126, Art. 2 LAWS of MINNESOTA for 1993 370 (.9-) (8) Minneapolis fire department relief association; ~ (9} Minneapolis police relief association: "" (10) Richfield fire department relief association; ,,,u (!i) Rochester fire department relief association: ,,.,~ (I 2) Rochester police relief association; (-1-4-) (13) St. Cloud fire department relief association: ~, c~ (141 St. Cloud police relief association; (46) {15) St. Paul fire department relief association; (-1-7-.) (16} South St. Paul firefighters relief association: M-I-g) (17} West St. Paul firefighters relief association; ,, n~ 0 8) West St. Paul police relief association; and ~ (19) Winona fire department relief association. (b) "Salary" for benefit computation purposes means the salary of a first grade patrol officer for the second month of the previous fiscal year and for con- tribution purposes means the current salary of a first grade patrol officer, for the former members of the following consolidating relief associations: II ) Bloomington police relief association; (2) Crystal police relief association; (3) Fridley police pension association: (4) Richfield police relief association: (5) St. Lores Park police relief association; and (6) Winona police relief association. (c) "Salary" for benefit computation purposes means the final salary and for contribution purposes means the current sala~ for the former members of the following consolidating relief associations: (I) Albert Lea firefighters relief association; (2) Albert Lea police relief association; (3) Buhl police relief association; (4) Chisholm firefighters relief association; New language is indicated by underline, deletions by 371 (5) Cr~ (6) Ct, (7) Fa (8) Re (9) Vi (d) "S salary for bution pu ing conso~ (I)C (2) ~ (3) ~ salary at purposes a patrol, clarions. (l) i (2) ! (f)' followin cared: (1) tion inc Heights police I gibility associa ration depart 370 y of a first nd for con- icer, for the ry and for ~ers of the 371 LAWS of MINNESOTA for 1993 Ch. 126, Art. 2 (5) Crookston fire department relief association; (6) Crookston police relief association; (7) Faribault police benefit association; ~ (8) Red Wing police relief association; and (9) Virginia fire department relief association. (d) ~Salary" for benefit computation purposes means the average earnings or salary for the final six months of employment before retirement and for contri- bution purposes means the current salary for the former members of the follow- ing consolidating relief associations: (1) Chisholm police relief association; (2) Hibbing firefighters relief association; and (3) Hibbing police relief association. (e) "Salary" for benefit computation purposes means the greater of the final salary at retireme~ot or the highest salary of a patrol officer and for contribution purposes means the greater of the current salary or the current highest salary of a patrol officer for the former members of the following consolidating relief asso- ciations: (1) Brainerd police benefit association; and (2) New Ulm police relief association. (f) ~Salary~ for benefit computation and contribution purposes means the following for the former members of the consolidating relief associations as indi- cated: (1) salary of a ~ grade patrol officer, including loneevit¥ ~ and educa- lion incentive pay in an amount not to exceed $235 per month~ Columbia Heights police relief association; ~2) maximum pay of a firefighter, Duluth firefighters relief association; ~ (3~ salary of a first class patrol officer with 16 years of service, Duluth imlice pension association; .b(-~) (4~ base salary for the rank currently held, plus longevity pay, pay for eli- ility for next higher rank and pay for first aid care, Mankato police benefit ~'iation; ,~ (4) (5) average annual salary for highest three paid yea~s for benefit compu- lalion purposes and current salary for contribution purposes, Red Wing fire department relief association; New langnmge is indicated by underline, deletions by st~6keo~. Ch. 126, Art. 2 LAWS of MINNESOTA for 1993 3'/2 I 373 fY) (6) pay of the highest grade full-time firefighter, St. Louis Park fire ,i : Sec. department relief association; , (4-) 1'7) maximum monthly pay of a patrol officer, St. Paul police relief asso- :~ i. 1~l ~ t elation: ;.~i !~! Th_~e (.-7-) (8) prevailing base pay of rank held at retirement for benefit computa. lion purposes and current salary for contribution purposes, South St. Paul police relief association; and (.g) (9) prevailing pay for rank held for at least .;ix months before retirement for benefit computation purposes and current salary for contribution purposes, Virginia police relief association. Sec. 2. EFFECTIVE DATE. Section 1 ~s effective 02 th._.e- effective dat..__q o.__f article L .section Presented lo the governor May I0, 1993 Signed by the governor May I I, 1993, 6:02 p.m. wh.._.~o vo_.~l auditor. a~prove: cia.__~l elec~ Sec. CHAPTER 127--H.F. No. 648 · .tn act relating to counties; p,'rmitting Itasca and Polq counttes to consolidate the o.~ces of auditor and treasurer BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section I CONSOLIDATION OF OFFICES. U__p_q.q gdovtion o__fa .resolution by the .hase~ ~ .board o_.f commissioners, or the Polk county board of commissioners, the offices of auditor and treasurer tn th._.~e ,county adopting th._.qe resolution shall be consolidated. Th_e titl_ e 9_f th._.qe con- .solidated 9ffice will be "auditor-treasurer." ~l the ~utieh .functions~ and resvon- .sibilities re0uired by law to _be. performed by the ~ .a. uditor and ~ount¥ treasurer shall be vest''in and performed ~ the audi~e~surer. 'l:he a~ditor- treasurer .shall be elected like other county officers under Minnesota Statutesa .section 382.01. ~ ' ' -- - ~' -- Sec. 2. SCHEDULE. Persons elected at the November 1990 general election to th_..~e positions of .a. uditor and ,treasurer shall serve in those capacities and .~rform the .du~e~ .functions~ and resvonsibilifies required by statute~ .until t'---h.~e .completio--~ of the term of office to which each was elected, or unfi.__~l a _vacan~ .occu~ in th.~e ~'ffi"c~.e. .whiche'-v~r occu'--~ earlien[. Ifa vacancy occurs~ the other officer shall p. efform the duties~ functions, and resl>onsibilities o._.f.both offices____; New language is indicated by .underline, deletions by ::.~:out. cerfifica board, i _ Pre Sig~ inz for t, lng BE IT I amen& Su' The co the put trunk t benefit ~mmi e~ligibh amend mexican law. Stefan Minn. Law Review ~'usge.' George C. k effect at 12:01 a. m. royal. Smith v. Cu- 48, 76 'F. Supp. 575, 3, 224. ~ for election in reor- but not providing a ;fleet, takes effect as tmenL State ex tel. Dist. No. 65, 1952, ~s is proper but only m, as where language ~w is doubtful; where ke that of any 'other u,t does not resort to Foreman, 1977, 260 )n of the legislature mt.date is specified merit Unit affected ,y following the day ~th the secreta~ of ch a sPecial law is .~dve, the day after date,, unless a later lyat any session of L following its final s a different time is ~ :INTERPRETATION'-0F STATUTES i:the~nsu~l affect~_ia~-~.ofaisws-for~;~4he..~beginning o~:~eda~,fonow~.Limd~ :L~,~ 1~, tiredly enacted by the let~la~ alter January 1, 1973." 1980 Amendment. The amendment of this sec- ~on by Lav~ 1980, e~ 58~/, Art~ 1, §.39, was effec- five '~pon'the'~r/tifi/atiSn 5f Co/5t~ A:rc ;l,'§ 27, at § 645.021 Statutory Notes the 1980 General Election. The constitutional pro- vision was not ratified by the voters.' 'The text of a part of figs 8ec!j'o~ .-Laws 1980, e, r~', art. 1, § ~J, w~ repealed by..l.m~_ 1982, e. 424, .§ i31. 1987 Legislation Cross References Constitutional provisions rdating't0 special laws .' Revisor's duties relating to approval dates of affecting local governments, see Const. Art. 12, sPecial lavm, see § 3C.06. .. §§ I and 2. ' Statutes ~=255. C~I.S. Statutes §§ 405, 407. Library References Notes of Decisions Appropriations 6 1. Construction and application' Small game huntinglicon8es- issued before May 29, 1969, the effective date of Laws of 1969, Ch. 846, are valid for the calendar year 1969. Op-itty. Gen., 209c, Aug. 8, 1969.. - Where Laws !057, c. 673, increasing the eom- pensation of'judges of the Municipal Court in Hibbing specified no effective date, and it was passed by the House on April 22, and by the Senate on April 23, and was approved by the Governor on April 26, incrtmsed salaries com- menced on April 2/. OpAtty. Gen., 307-i, June 26, 1957. 6. Appropriations Where there was no effective date of appropria- tion contained in Laws 1955, c. 710, it was available for expenditure on and after July i, 1955. Op. Atty. Ger~, 9A13, June 7, 1955. 645.02L sPeci~ laW~: local appFOVal, certificates Subdivision i. 1.:!: A s~cial 'law as defined in the Minnesota Constitution, _Article XII, .Section 2, shall name the local government unit to which it applies. If a special law applies to a group of local governmenf imits in a single county or in a number of contiguous counties, it shall be sufficient'if the law names'the county or counties where the affected units are situated. · Subd. 2~' 'A.sPecial law shall not be effective without approval of the local government unit or units affected, except as provided in section 645.023. Approval-shall be by resolution adopted by a m~jority vo~. of all members of the governing body of the unit unless another method of approval is _specified by the particular.special law. Subd, 3.' The chief clerical 'officer of a local government unit shall, as soon as the unit has approved a special law, file with the secretary of state a certificate staling the ~essential facts necessary to valid approval, including a copy of the resolution of approval-or, ff submitted to the voters, the number Of votes cast for and against approval at the election. The form of the certificate shall be pre/ended by the attorney general and copies shall be furnished by the secre.tary, of s~te.';i:H._alocal, gov~ent unit fails to file a certificate of appro..Val before the first day of the next.regUlar.session of the leffislature, the law is deemed to .be disapproved by such unit unless_otherwise provided.in the special law. . Subd. 4.' Laws' 1959, Chapter 368, does not apply to any special law beretof~re enacted, whether or not it has been apprOvgd by the local government unit affected, but such unit shall file with the Secretary of state a certificate of approval k,r such law as required in subdivision 3. Laws 1959, c. 368, §§ 1, '2. Amended by Laws 1979, c. 176, § 1. r~l~s of Lo~ L~s r~i~y to gowr~ unit~ ~ ~ of ~ a~ .a~i of fdi*ql spitl tl~ Secrst~l of State appe,~r in the sessio~ l~w volurt~ Ft~blisl~t by tlte State-of Mi~esot~ t~.!litmitql witi l~s 1~5~. 3 §,645.021 INTERPRE .~.ATION ~ OF ..STATUTE S Historical:and Statu .tor~r~Notes ~'::1979 Amendment;'- Added Me.'provisions now .~l'ifle of. Act:' 'appearing as subds..l and 2.. .... '.An~3kct~r~lating'to-sl~:lal"laws '..a~.ec{~g '. Laws. 1979,.e. 176 di~l ~ot'eonf~n apj~fopriatioh .~erriment units; an~ending Minhe~ta.Stat~tes itoms or a specifi~ effective date.' Se~'§ 645.~ifo. r*1957,--sectionS..482.97 and 645.02:.."I.;aws :195~, m~thod of determining the.'effective date;: 368. Constitutional provisions ~l~,ting t~'speclai~r~aws ,i' l~."or's d~,ties relating to appro~,~1-d~es 'of affecting local governments, see Const. Art. 12, special laws, see'§ 3C.06. §§ I and 2. Law Renew Commentaries Home rule and special~l'egisl~tiod' i~-Minn~Sota. March 1963, 47 Minn. Law Review 621. Lib .r~Y"l~,et}~'en ces Statutes C.J.S. Statutes § 147. Certificate Of approval 2 Employee benefits 3 Notes of DecisiOns L Construction and application Fact that special legislation had not been ap- proved by local unit of government had no effect on its constitutionality; rather, law .was=ia validly passed, constitution~il .statute which had' not yet become effective and which remained subject to provisions of this section· governing local app,'oval and certificate of approval of special laws. · Rush City Hesp. v. Sandstone Area Hosp., 1982, 3.26 N.W.2d 638. Local legislation requiri~g'apl~rovliJ'of ~ m~or~"' ty of the governing body of the county;' and :as to the specific municipality, oflly after the approoal of a majbrity of the governing .body, would be effec- tive upon filing of the certificate of approval by the county.board and the municipality.with the Secre- tary of State. OpAtty. G~h., 434a.-6,.Nov. 3f1966. A general law could include provisioni to super- sede, repeal or amend special laws ff the prox;isions were germane to the subject matter of.the general hw, however a law which had as' its sole purpose the repeal of an amendment.of a special law.would require local, approval.. OpAtty. Gen., 83% Feb. ~, 1966. · Chapters .781 and 783 of. Laws ~965, wh'i~ i~ro- ~ide for mandatory retirkment of certain employ- ees of the city'of St.'Paul, which we~' appre~.ed.by St. Paul city council on August ~0, 1965, and which were' filed with Secretary of State on Augtist. 19, 1965 under this section, require unclassified. ~m- ployees, who are not elected.officers, and who are 71 years or older on'August 19, 1965, to retire September 1, 1965. OpAtty. Gen., Aug. 26, 1965. Laws 1961, c. 371, coded as ii '458.60. was a general law and was not required to be enacted 'in the form provided .by Laws 1959, .c. 3.68... Op..Att. y. Gen., 273-A-17, Jan. 10, , .Laws 1959, e. 372, approved .upon~ the same day as Laws 1959, c. 368, would be subject to the 15rovisions of this section requiring timely,£ding of an approval of the special law with the Secretary. .of State. 0p.Atty. Gen, 385a=10,.:Sepi. 25, 1963. In view of the provisions of this section .the local governing bodies enumerated by Laws 1959, Ex. .Sess., c. ;6, could not app.ro, ve the l.egislation..alter the 'f'~t day of the regiilar session ~of the1961 .Legislature.: OpAtty. Gen., 125a~26,'Aug. 11,1961. · .2.~ Certificate of app .ro;~l City council's amended resolu'tion,.enacte~' De- cember 14, 1981, which spread an addit~o~il ment benefit to retired as well as active fire fight- ers was timely fil~d with the Secretm'y of'State on January 5, 1981, prior to the in'st day of the next regular legislative session occurring .alleF the ben- efit change was approved. Duluth Firemen's.Re- lief Ass'n v. City of Duluth, 1985, 361 N.W.2d 381, 3. Employee benefits : CR~ council's amen.ded.resolution ~;~ji~'h .sp.'.r~ad an additional retirement'benefit to retired as'ii~ell "as ictive fu'e f~hteFs and.thus decreased '.~-'~'/~d- .o{lsl~ :a~lopted alternative' benefit inc~-ease..for' · tiv~ fu-k' fighters' to' an a~ount ~hich~ .'was"ltill .g!'sater.th~n. the prell980 retirement benefi. Lts;wa~ no.t prohibitf, d by ,~. 423A.05, governing altarn.a, tire be. nefit in/reasas for salaried f'u~e fightors'.rklief association. Duluth Fh~emen's Relief Aes'n v. City of Duluth, 198,5, 361 N.W.2d 381. 645,023. Special laws; ena.ctment without local approval; effective date Subdivision'L: A.special:~law enacted pursuant to the provisions of..the Constitution, Article 12, Section 2, shall '.become ·effective without the approval .of any....affected local 4 .~I~I~PRETATION 'O~"fiTi~{~[ gT~V.en~m.' ent un. it or group of'duel if'the law is in any of the f. ollow; (a) A law which enables one gran~d by general Iaw. ' ' ,. ~"';!(~) "AJ l~-w which brings. i~p& .~.il;law; :by'i'emo~iiig"~ e~ce] kxt~.ding' .the applicability o}' · m. ent- units. . (c) A law which applies to a si 1,000,000 people. ~.. Subd. 2; A. special law as to v August 1 next following its.final law. Subd. 3. Subdivisions 1 and at the 1967 and all subsequent s Laws 1967, e. 595, § I, eft. May 20. I Laws 1979, e. 176, § 2. Hi: 1973 Amendment. Substituted" for "at 12:01 A.M. of the day" in sul 1976 Amendment. Substituted ti ences to the constitution. 1979. Amendment. Specified ti subd. l(a), (b) and (c) Laws 1979, c. 176 did not contain items or a specific effective date. Se method of determining the effective i Minnesota's experiment with a council. Nov. 1968, 53 Minn. Law Statutes ~:~259. C.J.S. Statutes §!~ 402, 410. Ambiguity 2 Construction and application Singular and plural 3 I. Construction and application Consent by city to special law, wh park district to acquire property for .on Lake Minnetonka, was not-reft law enabled park district "to exercist granted .by 'general law" within mca sion in this section obviating nec~ consent; and special law applied to of units with population of more I people within meaning of still anoth~ this section obviating nece~ity of Blanch v. Suburban Heanepin Regio~ 1989, 449 N.W.2d 150. ~Laws 1967, c. 661, relating to: taxation did not violate constitutil GABRIEL, ROEDER, SMITH & COMPANY Actuaries & Consultants 1000 Town Center · Suite 1000 · Soubhfield, Michigan 48075 · 313-799-900u January 28, 1994 Mr. William Elrite Finance Director City of Colnmbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Re: Consolidation of Relief Associations with PERA Dear Mr. Elrite: As mentioned during our recent telephone conversation, there are a number of factors which will affect the ultimate financial impact of a decision to consolidate your Relief Associations with PERA. As I also mentioned, the issues are complex and frequently accompanied by a substantial amount of misinformation. I attempted to clarify the major points related to consolidation in letter to the St. Paul city council in 1991 -- a copy of my letter on this matter is enclosed for your reference. The results of the September 24, 1993 consolidation study prepared for your police relief association by Milliman & Robertson are consistent with the results of other such studies we have reviewed. The results of their study of projected contributions dated December 22, 1993, are consistent with the results of their earlier study based on a differential between the two studies in the assumed retirement age under P1RRA. Please contact me if there is further information you would like for us to provide. Sincerely, Enclosure GABRIEL, ROEDER, SMITH & COMPANY Actuaries & Consultants 200 Globe Building. 407 East Ftxt. De,oil. Michigan 48226.313-g61-3346 ,.lanuary ).4, 1991 AN OPEI( LETTER TO: Members of the City Council City of St. Paul City Hall St. Paul, MN 55102 Re: Local Fire Relief Association Consolidation with the Public Employees Retirement Association of Minnesota (PERA) Ladies and Gentlemen: Over the last two years I have had the opportunity to Witness a number of the sessions you have had to discuss the issues surrounding consolidation of the city's fire department relief association with PERA. During those sessions, a number of myths have been perpetuated, clouding the fundamental issues and making rational analysis difficult. The purposes of this letter are to identify themyths, explain the shortcomings in the information you have received, and help you understand the single most important "truth" available. Specifically, The extent to whfch consolfdatfon ~fll be =ore or less expensfve to the cftythan contfnuatfon of your local relfef assocfatfon fs unknowable at thfs tree. ~YTH );UMBER. I: Consolidation becomes less expensive as the number of participants electing PERA benefits increases. FACT: The consolidation reports you have received from the actuary retained by the Legislative Commission on Pbnsions and Retirement show first year contributions under the following four scenarios: 1. Continuation of local relief association; 2. Consolidation with all electing relief association benefits; 3. Consolidation with all electing PERA benefits; 4. Consolidation with all electing plan which would be most expensive the first year. That format responds to the specifications of the consolidation legislation and was not intended to mislead. However, it invariably shows the smallest contributions for item 3. The primary reason for this result is that the reserves required for retirants electing post' fund escalation in benefits are less than the reserves required for retirants electing relief association escalation. Retirants electing post fund escalation give up the guarantee that their benefits will increase at the same rate that the pay of a first class fire fighter increases. In exchange they agree to accept escalation in benefits based on the investment performance of the post fund. The extent to which this transfer is more or less expensive to the city over the long term is contingent on future economic experience. If we see a lengthy ~J~embe'r.s of the City Counctl City of St. Paul · 3anuary 14, 1991 Page 2 pertod of htgh pay raises with ]ow investment return rates, the ~ransfer to the post fund probably saves the city money. On the other hand, in a period of high Investment return and low pay increases, actuarial gains on money in the post fund, ~htch would have been available to reduce city contributions, are paid out through benefit escalation. MYTH NUMBER 2: All long service high patd active employees will recetve huge windfalls tn benefits. FACT: Zndtvtduals retiring shortly after consolidation, electing PERAbeneftts may receive a benefit that is very similar to the amount which would have otherwise been available under relief association provisions, particularly if sUrVivor protection ts elected. This is due to the fact that the PERAbenefit is based on a 5 year final average pay rather than the actual pay of the member and does not include automatic survivor protection. For members retiring shortly after consolidation, the 5 year final average pay would be based on the 5 year average of the pay of a first class fire fighter rather than their actual pay. Full recognition of actual pay could not occur until 5 years after consolidation. The following is a comparison of annual benefits payable immediately after consolidation to a member with 35 years service · who is 60 years of age, elects the joint and $0~ survivor option under PERA, and has a 58 year old spouse: Relief Association PERA Member Benefit $24,321 $25,616 Potential Benefit to Surviving Spouse $12,160 $12,808 MYTH NUMBER 3: Present .and future rettrants electing PERA benefits and post fund escalation will necessarily cause a deterioration in the funded status of the local plan account. FACT: The effect of such elections on the local plan account will depend on the extent to which the local plan account is funded at the time of the transfer. Transfers are made to the post fund excluding consideration of escalation in benefits. Consequently, the reserves required for the transfer are significantly less than the reserves for the same benefit which would have been held in the local plan account. For example, for a $10,000 annual benefit with a potential annual survivor benefit of $5,000 for a 60 year old rettrant with a 58 year old spouse, the reserve required by the local relief association would be $181,700. The reserve required bythe post fund under identical circumstances would be $133,900 (73% of the relief association reserve). Zf the local plan were more than 73% funded before the transfer for this particular, case, the funding ratio of the local plan account would actually increase as a result of the transfer. The long term effect is not clear because it will depend on future economic conditions. GABRIEL, ROEDER, SMITH & COMPANY *Hembet.s of the City Council Ctty of St. Paul Oanuary 14, 199! Page 3 MYTH NUMBER 4: There is a high probability that contributions under consolidation will decline rqptdly tn the first few years. FACT: Decline -- yes, but not necessarily rapidly. The contribution requirements are, by law, computed on a present worst case basis. [t ts not likely that all elections by members will produce immediate worst case results. Consequently, some declines should be anticipated. However, there is another factor which has influenced the recent history of computed contributions for associations which have already consolidated. Economic assumptions used by PERAwere liberalized in 2989. Consolidation account valuations as of Ouly 1, 1989 reflected those new assumptions. A substantial portion of the reductions in contributions shown in the I989 valuations for those associations which had consolidated prior to that date were attributable to the change in assumptions. The consolidation contribution amounts'computed for your association already include consideration, of the liberalized assumptions. Future changes in your contribution amounts will depend primarily on elections made by individual members and future economic conditions. Changes in assumptions affect the incidence of contributions, but not the long term cost of the plan. TRUTH NUMBER 1: The administrative costs to the city associated with the plan will be lower under PERA than under continuation of the local association. This is a function of the economies of scale associated with administering a larger retirement system. TRUTH NUMBER 2: High paid and long service employees who delay retirement for $ or more years beyond the date of consolidation will receive substantially larger initial benefits under PERAprovisions than under relief association provisions, even if they elect survivor coverage. It should also be noted however, that individuals who delay retirement specifically to receive the higher benefit will be receiving their benefits for a shorter period of time than if they had retired when eligible. The savings from the delay will partially offset the contributions required to fund the higher benefits. EINAL TRUTH: The long term relative cost of the two plans will be primarily a function of futuFe economic conditions. If, for an extended period of time, the economy parallels the 70's, with high inflation rates, high pay raises, and low investment return,.continuation of the local relief association would probably be more costly than consolidation. On the other hand, if future economic patterns are closer to those of the 80's with lower inflation rates and pay raises, and high investment return, consolidation would probably be more costly than continuation of the local relief association. We could provide you with a number of sophisticated projections to analyze future contribution requirements under alternate economic environments. However, they would all be predicated on assumptions about unknowable future events and consequently would not be definitive in terms of establishing relative plan costs. If we were dealing with a longer period of time {like is possible with a group which is open to new hires} projections would be useful in that economic anomalies tend to balance themselves out if the time frame is long enough. While there may be considerable discomfort with the uncertainty associated with the decision you must make, no one is in a position to offer you certainty {or even high probabilities). GABRIEL, ROEDER, SMITH & COMPANY · embe~s of the City Council City of St. Paul January 14, 1991 Page 4 FUNDAMENTAL I$$U[~: Discussion to date has been dominated by emotional detat] and has focused on the trees rather than the forest. Zf you wtll accept mypremtse that ultimate costs under the alternatives cannot be known, there are only two remaining forest type issues to be considered which are: 1. Do you wish to shift a portton of the economic risk to PERAand the rettrants tn anticipation of bad economic conditions or retain all of the economtc-rtsk tn anticipation of the rewards which would result from a favorable economy? 2. Do you wish to extend to pre-198Z hires the same beneftt levels as are being provided to employees hired since the phase out? If the answer to this question ts yes, tt necessarily results tn a shifting of a portion of the risk away from the city, foregoing some possible gains, and insulating the city against some possible losses. Compared with these two issues, everything else ts stmply mtnor detail. At this time it is my intention to be present at your January 28, 1991 meeting to respond to any questions you may have regarding this material. GWF:wp G~~. ~Sincecel~ ~ CC: Mayor James Scheibel, City of St. Paul St. Paul Fire Department Relief Association Gary Norstrem, Treasurer, City of St. Paul Robert Perkins, actuary for the Legislative Commission on Pensions and Retirement Lawrence Martin, Executive Director, Legislative Commission on Pensions and Retirement Mary Most Vanek, Acting Executive Director, PERA Joseph O'Neill, attorney for the St. Paul Fire Department Relief Association Brian Rice, attorney for the St. Paul Retired Fire Fighters Association GABRIEL, ROEDER, SMITH & COMPANY · State of Minnesota LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT Procedures for a Local Relief Association Consolidation with PERA P~ Under Lays 1987~ Chapter 296 I. Initiation of Consolidation ~uestion A. H~mbership Petition. Consolidation is a voluntary action which may be initiated by the local police or salaried firefighters relief association. The question of consolidation may only be initiated by a siKned petition from a portion of the relief association membership. The required portion of the relief association membership is at least tan percant if the relief association was not a member of the Minnesota police and fire pansion council or the Hinnesota professional firefighters pension council, whichever applies, as of January 1, 19~7 or 30 percent if the relief association was a member of the applicable pension council on January 1, 1987. B. Board of Trustee Response to Petition. Upon receipt of the ~embership petition, the board of trustees of the local relief association~ust authanticate the signatures on the petition. Once the signatures have bean authenticated and the minimum number of required signatures have bean ascertained, the board of trustees is required to hold a public hearing on the issue at a special meeting and to adopt a resolution at that special meeting or at the next regnlar board meeting setting forth the boardts reconnendation to the relief association membership and to the municipality and setting forth the membership referandumprocedure. The special meeting must be held within one month of the receipt and authentication of the membership petition. C. Membership Referendum. The consolidation question must be acted upon at a referendum of the membership, with a majority determining whether or not the consolidation process will continue. The membership referendum is to be conducted by a secret ballot as specified in the board of trustees resolution and conducted in a manner agreeable to the relief association chief' administrative officer and the most sanior ranking municipal represantative or the relief association beard. The langnage of the referendum question is to be ~pecified in the board resolution, as is the time and place of the referendum, the procedure for balloting and the form and content of informational and explanatory materials accompanying the referendum ballot. A majority vote is the number of votes equaling or exceeding 50 percent of those voting on the question if the relief association was not am ember of the Minnesota police pension council or the Minnesota professional firefighters pension council, whichever applies, as of January 1, 1§87, or the number of votes equaling or exceeding 50 percent of the total active, deferred, retired, and benefit recipient membership if the relief association was a member of the applicable pension council on January 1, 1987. A ballot is required to be provided to each active, retired, or deferred member and to the surviving family of benefit recipients, for exercise by the survivor, the eldest survivor if of majority age, the guardian of the eldest survivor. D. Preliminary Municipal Approval. If the membership referendum approves ~the consolidation process, the municipality must act on the question. The preliminary municipal approval or the municipal disapproval requires a municipal governing body resolution, and is to occur within two months of the membership referendum approval. E. Notification of Consolidation Approve%. If the consolidation action is approved by the membership referendum and preliminarily by the municipality, notification of that approval is to be transmitted to the following persons: 1) Executive Director of the Public Employees Retirement Association; 2) Executive Director of the State Board of Investment; 3) Executive Director of the Legislative Commission on Pensions and Retirement; 4) Commissioner of Finance; 5) Secretary of State; and 6) State Auditor. The notification to the State Auditor is to include a certification by the chief administrative officer of the municipality and a certification by the secretary of the relief association that there was compliance with the procedures mmndated by Laws 1987, Chapter 296, Section 11, and is to include a copy of any relevant documentation of that procedure. or II. Actions Preliminary to donsolidatton A. LeKislattve COmm___ission on Pensions and Retirement Actions. If the consolidation action is approved by the membership referendum end preliminarily by the municipality, upon notification of consolidation approval to the Executive Director of the Legislative Commission on Pensions and Retirement, the actuary retained by the Commission is to be directed to prepare the necessary actuarial calculations to complete the consolidation. The actuarial calculations determine the actuarial value of the benefit plan (local relief association or Public Employees Police and Fire Fund) which produces for each individual relief association active, deferred, or retired member or benefit recipient the largest actuarial present value of future benefits based on generally consistent actuarial assumptions. The actuarial calculations also provide other information useful to a potentially consolidating local relief association and the applicable municipality. The relief association chief administrative officer is required to ~rovide the Commission Executive Director and the actuary retained by the Commission with information or documents on the membership demographics, the relief association financial condition, and the existing relief association benefit plan and to do so on a timely basis. Upon completion of the actuarial calculations, the actuary retained by the Commission is required to issue a report s,,m,~rtztng the calculations and file the report with the Commission Executive Director, the PERA Executive Director, the relief association chief administrative officer, the chief administrative officer of the municipality, the State Auditor and the Legislative Auditor. Page 2 5M0687LM B. State Board of Investment Actions. If the consolidation action is approved by the membership referendum and preliminarily by the municipality, upon notification of consolidation approval to the State Board of Investment Executive Director, the Executive Director is required to review the local relief association investment authority and opportunities and to dete~mine the approximate market value of the portfolio upon consolidation. The State Board of Investmen. t can require the liquidation of ineligible or inappropriate investments in the event of consolidation. The State Board of Investment is required to provide advice on liquidation means and procedures if requested to do so. C. Public Employees Police and Fire Fund Actions. If the consolidation action is approved by the membership referendum and preliminarily by the municipality, upon notification of consolidation approval to the PERA Executive Director, the Executive Director is required to request the necessary consolidation related info~mation from the relief association and the applicable municipality, including the information provided to the actuary retained by the Legislative C~ission on Pensions and Retirement. The required information is to be current and to he periodically updated and is to be certified as to accuracy without any additional requirement for independent pEPAverification. III. Final Approval of Consolidation A. Final Hunicipal Approval. Upon completion of the actions preliminary to consolidation by the Legislative Comission on Pensions and Retirement, the State Board of Investment, and the Public Employees Police and Fire Fund and the reporting of the results by each entity to the local relief association and the applicable municipality final approval of the consolidation can take place. Final approval of the consolidation lies with the municipality. The municipality, when considering final approval, is required to conduct a public hearing for that purpose and is required to consider the issue within one month of the conclusion of the last action preliminary to consolidation. B. Effective Date of Consolidation. Upon final municipal approval, the effective date for the consolidation is to be established by the Public Employees Retirement Association board of trustees. IV. Effect of Consolidation on Administration A. Transfer of Administrative Duties. As of the effective date of the consolidation, the administrative duties relating to the special fund and to the benefit plan of the local relief association shifts to the PERA Executive Director and Board of Trustees. B. Transfer of Relief Association Records. On the effective date of the consolidation, the local relief association chief administrative officer is required to transfer originals or certified accurate copies of all records end documents relating to the benefit plan and special fund of the relief association to the Public Employees Police end Fire Fund.. C. Transfer of Relief Association Assets. On the effective date of the consolidation, the local relief association chief administrative officer is required to cause the entire assets of the special fund to be transferred to the Public Page 3 5NO687LH E~ployees Police and Fire Fund. For eligible and appropriate investment securities, the transfer may be in the form of securities at market value, and for other investment securities, the transfer is to be' in cash after liquidation. Accounts receivable which the State Board of Investment Executive Director considers to be collectable are also to be transferred. Accounts payable are required to be paid by the local relief association prior to the transfer of assets. Title to transferred assets shifts to the PERABoard of Trustees from the relief association, subject to the investment authority of the State Board of Investment, and the Public Employees Police and Fire Fund stands as the successor in interest to claims for and against the local relief association special fund other non-good faith acts and fiduciary breaches. D. Local Relief Association Special Fund Termination. As of the effective date of the consolidation and after the transfer of duties, zecords, assets, and liabilities, the local relief association special fund terminates as legal entity. The relief association in the form of the general fund may continue in existence as a fraternal organization and is to r-msin governed by the non-benefit provisions of the relief association articles of incorporation and bylaws. E. Consolidation Costs. Reasonable and necessary costs for the actions preliminary to consolidation incurred by the Legislative Commission on Pensions and Retirement, the State Board of Investment and the Public Employees Police and Fire Fund are payable by the local relief association as incurred prior to the effective date of the consolidation and are specified to be authorized local relief association administrative expenses. F. Postconsolidation Bylaw Amendments. A relief association continuing as a fraternal organization iz required to adopt the necessary bylaw and articles of incorporation amendments to reflect that status and operation change in the relief association, to be filed with the Legislative Commission on Pensions and Retirement Executive Director and with the State Auditor, and which do not require municipal approval. ¥. 'Effective of Consolidation on Benefit CoveraKe A. Current Retiree Benefit CoveraKe Election. During a period established by PERA after the effective date of consolidation, current retirees and benefit recipients may elect to have future postrettrement adjustment calculated under the local relief association benefit plan or the Public Employees Police and Fire Fund benefit plan. The election is to be made by the deadline established by the Public Employees Retirement Association Board, which is to reflect the number of retirees and benefit recipients. The election of benefit coverage is irrevocable. B. Current Deferred Retiree Benefit CoveraKe Election. Upon eventual retirement, following the effective date of consolidation, current deferred retirees may elect to have future postretirement adjustments calculated under the local relief association benefit plan or the Public Employees Police and Fire Fund benefit plan. The election of benefit coverage is irrevocable. C. Current Active Member Benefit CoveraKe Election. After the effective date of consolidation, current active members may irrevocably elect to have their service pension or other benefits calculated under the terms of the local relief association benefit plan or the Public Employees Police and Fire Fund benefit plan. The election may occur within si~ months of the effective date of consolidation~ or Page 4 5M0687LM between &9 years, six months, and 50 years, or on the date active service is terminated, A failure to elect the ~ublic Employees Police and Fire Fund benefit plan results in the retention of the local relief association benefit plan coverage. D. Special Benefit Coverage. If a local relief association benefit plan provides for special benefit coverage which is not of · type regularly provided by the Public Employees Police and Fire Pund, a former member of a consolidating local relief association will retain eligibility to that special benefit coverage. The special benefit coverage is to continue to be provided by the municipality through a municipal trust fund or insurance contract. Any municipal trust fund would require actuarial funding in accord with the 1969 Police and Firefighters Relief Associations Cuidelines Act, Hinnesota Statutes, Section 69.77. Effect of Consolidation on Future Contributions and Yundin2 A. Special Local Relief Association Consolidation Accounts. A separate account is to be established within the Public Employees Police and Fire Fund for each consolidating local relief association. The assets of the local relief association, future member and municipal contributions and investment income are to be credited to the special consolidation account. Benefits and other authorized payments are to be mede from the special consolidation account. The accounts are to be separate from the Public Employees Police and Fire Fund, with separate accounting and actuarial valuation and are. B. Post Retire_mont Fund Required ~eserve Transfers. Any transfer of required reserves for individuals choosing the Public Empluyees Police and Fire Fund benefit plan to the Ninnesota Post Retirement Investment Fund is to be made only from the special local relief association consolidation account. C. Nomber Contributions. Hember contributions are tO be made by active members who were formerly members of a consolidating local relief association. The amount of the member contribution rate is dependent upon whether or not the active member has elected the Public Employees Police and Fire Fund benefit plan. D. Hunicipal Contributions. Municipal contributions are required in the form of regular municipal contributions and of additional municipal contributions. The regular municipal contributions are based on the Public Employees Police and Fire Fund employer contribution rate and are to be made periodically throughout the calendar year. The additional municipal contributions are based on the actuarial calculations make as part of the actions preliminary to consolidation and intended to amortize any r~n=ining future liability by December 31, 2010 and to amortize any future net actuarial experience losses over a 15 year period from the date the loss occurred and are to be made each_JanuarY without additional interest or later in the calendar year with additional interest. Page 5 5MO687Ll't Gerald IL Bermtein, F.S~.. Stephen D. Brink, F.S.A. Brian Z. Bro~, F.C.A.S, MarkJ. Cain. A.C.A.S. Susan J, Comstock, F.S.A., F.C.~..S. Timmh)' D. Courme~, A.S~. Thomas g. Cmtis. F.S_~,. Pan, ok J. Dunk~ ,~S~ Pamela J. Exam, DanielJ. Flaher~', F.C.A.S. Sleven G. Hamon, A.S.A. Richard H. Hauboldt. Peggy L. Hau~er, F.S.A. - Grego~' N. Herrle, William V. Hogan, F.S.A. Gary IL Jmephson, F.C.A.S. Frank Kopenski,Jr., A.S.A. i~nneth £. Leinbach. F.S.A. Mark £. Liloss, F.S.A. Elaine Magrad~, A.S.A. Sandr~ A. Metres. F.S,A. James C. Mod;ali. F.S.A. Kenneth W. Ne,'house. A.S.A Dacid F. OEden, F.S.A. William M. Pollock, Y.S.A. Kex~n B. Robbins, Ir.C-A.S, Rober~ L. S~nders. Y.C.A.S. Stexvn J. Sherman. F.S.A. John B. Sn~der, F.S.A. Lee H. Straate, Pewr G. Wick. Roger A. Yard. A.C.A.S. MTI.I.1MAN & ROBERTSON, INC. Actuaries and Consultants Suite 400 15700 Bluemound Road Broold~eid, V,~uconsin 53(}05~69 Telephone: 414/784-~250 Fax: 414/784-4116 Wendell Milliman, F.S.A. (1976) Stua~ A. Robertson, F.S.A. Chairman Emeritus December 22, 1993 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, MN 55421 RE: Supplemental Projection of Columbia Heights Police Relief Association Under P.E.ILA. Consolidation Dear Mr. Hentges: We have completed a rough projection of future municipal contribution requirements under P.E.R.A. consolidation for the Columbia Heights Police Relief Association. This projection is based on the results of our pre-consolidation valuation with the following special assumptions whiclh you requested that we use: (1) Consolidation would occur in the first quarter of 1994; before the Relief Association supplemental contribution is paid (so that no supplemental payment is made in calendar year. 1994). (2) All retirees elect to receive future benefits through P.E.R.A. (3) Ail currently active participants will choose to receive P.E.ILA. benefits. (4) Jendro, Olson and Schmidt will elect to retire at age 55; Kapala at age 52. (5) Annual salary increases (including 1993) are assumed to be 6.5 percent. Albany* kflsnta * Boston * ~ * Clndnnafi * l)anas * Denver * l-lar~ord * Houston indiampons · lrvlne · Lo, Angeles · Mmm~ee * Mi~e~p011s * NewVo~ · Om~lm · l'hiadeiphi~ * Phoenix Portland * Si.Louis * Salt Lake City * 5an Diego * San Francisco * ,~_~-_le * Tokyo * Washington, D.C. lnwmationally %¥OODROW M1LLINt~N Australia · Austria * Belgium * Bermuda * Canada * Channel Islands * Denmark France · Germans * Ireland · Italy * Japan * .Mexico * Nelherland~ * Ness Zealand Mr. Pat Hentges December 22, 1993 Page Two You should recognize the rough approximation of these results. Results could vary significantly if plan investment experience deviates from 8.5 percent. The results would also be sensitive to each of the assumptions outlined above. For example, municipal contribution requirements may be accelerated if Officer Sehmidt were to retire before 2001. I hope this information is suitable for your purposes. Don't hesitate to call if you have further questions. Sincerely, Thomas K. Custis, F.S.A. Consulting Actuary TKC~h Enclosure cci Larry Martin Laurie Hacking MII.I.~IAN &: ROBERTSON, INC. COLUMBIA HEIGHTS POLICE RELIEF ASSOCIATION Projected Municipal Contribution R~quir~ments 'Assuming Consolidation in First Half of 1994 · ~i and Ali Elect P.E. ILA. Benefits ii~~ ~ ,. · ~.CalendarYe. ar ~i ~' ($000 Omitted) 1993 184 1994 41' 1995 100'* 1996 97 1997 75 1998 72 1999 52 2000 49 2001 49 *Reflects skipping of amortization payment in year of consolidation. **Reflects significant gain from retirees electing P.E.R.A. Retirements assumed to occur on the July 1 nearest age 55 (except age 52 for Kapala). Gerald IL I~mstein. A.S.A. Stephen D. Brink~ RS.A. Brian Z. Brown. RC.A.S. MarkJ. Cain. A.C.A.S. Su~anJ. Comslork, RS.A.. F.C.A.S. Thom~ K. Custis. F.S.A. PatrickJ. Dunka. A.~. ~. PamelaJ. £vans, A.S.A. DanielJ. Flab·ny. EC.A.S. St·yen G. Hamon. A..~.A. Richard H. Hauboldt. F.S.A. Peggy L. Hau,.er, RS.A. Gregory N. Henle. ES.A. William V. Hogan, RS.A. Gary iLJo~ph~on. F.C.A.S. Frank Kopenski..Ir.. A.S.A. Kenneth E. Leinbach. RS.A. Mark E. I,itow, F.S.A. Elaine Magrad); A.S.A. Sandra A. Merits. RS.A. Jamr~ C. Modafl'. F.S.A. Kennelh W. Newhou~-, A.S.A. David E Ogden, ES.A. William M. Pollock. RS.A. Kev~n B. Robbim. EC.A.S. Robert L. Sanders. EC.A.S. St~enJ. Sherman. RS.A. John B. Snyder. RS.A. ~ H. S~raate. ES.A. Peter G. Wick. A.C.A.S. Roger A. Yard. A.C.A.S. .,~rrl'.,'.~ & ROBER'I~ON, INC. Actuaries and Consuhant~ Suite 400 15700 Bluemound Road Bmokfield,Wisconsin 53005 Telephone: 414/784-2250 Fax: 414/784 -4 !!6 September 24, 1993 Wendell Milliman. E5.A.(1975) Stuart A. Robemon. RS.A. Chairman Emeritus Legislative Commission on Pensions and Retirement 55 State Office Building St. Paul, Minnesota 55155 RE: Columbia Heights Police Relief Association Commission Members: Pursuant to your request, we have performed actuarial calculations preliminary to consolidation for the Relief Association as of January 1, 1993. The results of our calculations are set forth in the following report as are the actuarial assumptions upon which our calculations have been made. We have relied on the basic employee data and asset figures as submitted by the Public Employees Retirement Association. On the basis of the foregoing, we hereby certify that, to the best of our knowledge and belief, this report is complete and accurate and has been prepared in accordance with the requirements of Section 356.215, Minnesota statutes, and the requirements of the Standards for Actuarial Work, adopted by the Commission on September 20, 1989 and revised on July 8, 1992. Respectfully Submitted, Thomas K. Custis, F.S.A. Consulting Actuary William V. Hogan, F.S.A. Consulting Actuary TKC/WVH/bh Albany · Atlanta · Boston · Chicago · Cincinnati ~ Dall~ · Denver · Hartford · Houston Indianapolis · Irvine · Lo, Angeles · Milwaukee · Minneapolis · NewYork · Omaha · Philadelphia Phoenix · Portland · SI. Louis · Salt Lake Ci~/ · SanDiego · SanFranci~:o · Seanle · W~hingnon, D.C. Imernationall~ WOODROW MILUMAN Australia * Austria * Belgium · Bermuda * Canada * Channel Islands * Denmark France · Germany 0 Ireland · Italy · Mexico · Netherlands · New Zealand · Norwa) Phili ines · S ain · United Kingdom · United Stales · West Indies REPORT PRELIMINARY TO CONSOLIDATION The purpose of this report is to determine the initial additional municipal contribution required by consolidating the Relief Association with PERA Police and Fire (P&F) as specified in Minnesota Statutes, Chapter 353A. The consolidation process provides the Relief Association members and their beneficiaries an oppommity to change their retirement benefit plan coverage by electing between Relief Association and P&F benefits. In order to evaluate the financial aspects of consolidation, the costs in Table 1 have been determined under three possible outcomes - all individuals elect Relief Association benefits (column 2), all individuals elect P&F benefits (column 3) and each individual elects the benefit plan which has the greater total benefit plan actuarial value (column 4). Table 1 also compares the consolidation calculations to those found int he actuarial valuation of the Relief Association as of December 31, 1992, prepared by Gabriel, Roeder, Smith & Company. Since the Relief Association benefits are identical for columns 1 and 2, the differences in liabilities and costs are due to the use of different actuarial assumptions as required by statute. Table 2 shows a summary of the data and lists the major assumptions. Whenever a retired member or the retired member's surviving spouse elects P&F benefits, the reserve for that benefit must be transferred to the Minnesota Post-Retirement Investment Fund (MPRIF). The amount to be transferred if all benefit recipients who are eligible for MPRIF elect P&F benefits is $2,376,426, which is less than the current market value of assets. This amount includes an estimated increase of 3.5% for those who meet the MPRIF eligibility rules for a January 1, 1994 benefit adjustment. In addition, when current active members retire and elect P&F benefits, the reserve for those benefits must also be transferred to the MPRIF. Currently, there is one active member who is eligible to retire. We estimate the total required transfer if he elects P&F benefits to be -1- approximately $396,000. The total of the potential required transfer for both retired and actives eligible to retire is less than the current market value of assets. Current benefit recipients who have elected PERA benefits but are not eligible for MPRIF will be paid directly by PERA. Their benefits will be escalated by the same percentage that applies to MPRIF annuitants; however, no funds are required to be transferred to MPRIF. Although the costs shown in Table 1 represent an appropriate range of estimates available today, the costs are subject to change in future years following the consolidation. The tree cost of any pension plan is not completely determined until the last benefit payment has been made to the last benefit recipient. Prior to that date, annual budgets are determined by making assumptions regarding future experience. Each year in the future following consolidation, municipal costs will be redetermined based on the elections made by members and beneficiaries and will consist of the following components: Regular Contributions (line 8): A variable cost which will depend on the compensation of members still active. Additional Contributions (line 7): A fixed cost which is an annual amount required to amortize the initial unfunded consolidation actuarial liability shown in column 4 of Table 1 by December 31 of the year 2010. In this particular case, the additional contributions are equal to $193,478. Experience Contributions (undeterminable at this time): A variable cost which will depend on actual experience. Any actuarial gains will reduce future contributions and actuarial loss will increase future contributions. -2- MIT J.T1VL~,N & ROBERTSON, INC. COLUFIBIA HEIGHTS POLICE DEPARTNENT RELIEF ASSOCIATION ACTUARIAL CALCULATIONS TABLE 2' NUNBER IN PLAN Active Members Deferred Former Members Retired Hembers and Beneficiaries HEHBER CONTRIBUTION Percentage Co~q~ensatton Base Contribution NUNICIPAL CONTRIBUTION Percentage Ce~pensation Base Contribution INTEREST - Before Retirement - After Retirement SALARY INCREASE POST-RETIREMENT BENEFIT INCREASE RETIREMENT AGE/SERVICE OTHER ASSUHPTION5 BENEFITS Prior Valuation Relief Association (I) 0 13 157,344 12,588 1Z.0% 157,344 18,881 5.0% 5.OX 3.5% 3.5% 52/20 Per Columbta Heights Policeman's Relief Assoctat ton Per Columbia Heights Policeman's Relief Consolidated Calculation All Elect All Elect Relief Association PERA P&F (2) (3) 4 4 0 0 13 13 7.6% 216,425 16,448 7.6% 216,425 16,448 11.4% 216,425 24,672 8.5% 8.5% 6.5% 6.5% 52/20 Per PERA P&F Report Per Columbia He Policeman's Rel 11.4% 216,425 24,672 8.5% 6.5% N/A 60/3 Per PERA P&F Report Per PERA P&F Report lVlTt.~ ~tMAN &: ROBF, I~SON, INC. IKIBLIC EXPLOYEES FOLICE ~ FIRE I:UgD SUgaRY OF ACTUARI~ ASSIJI~TI~ AND #ETHODS TABLE 12 Interest: S~la~y Increases: gortal Jty: Retirement Age: Separatt on: Dts&bt 1try: Expenses: Return of Contr ~ butt OhS: Fmntly Compestt~on: Social Security: Pre-Retirement: 8.5% per annum Post-Retirement: S% per annum Reported salary for prior ftscal year, with new htres annualized, Increased 6.5% to current fiscal year and 6.S%annually for each future year. Pre-RetJremnt: #ale - 1971 Group Annuity #ortaltty Table male rates projected to ]984 by Scale D Fmuale - 1971 Group Annulty Hortaltty Table ferule rates projected to 1984 by Scale D Post-Retirement: Hale - Same as above Female - Same is above Post-Disability: Hale - 1965 RRB rates Female - 1966 RRB rates Age 60, or tf over age 60, one year from the valuation date. Graded rates based on plan experience as of Oune 30, 1989. Rates are shown tn rate table. Rates as sho~n tn rate table. Prtor year expenses expressed as percentage of prior year payroll. All eeployees withdrawing after becomtng eligtble for a deferred bonef~t were assumed ~o take the ~arger of thetr contributions ac.cumulated vtth tnterest or the value of their deferred benefit. 86%of male l4enbers and 65~of female Hembers are assumed to be married. Femle ts four years younger than male. Assume Ne mb ers have no children. - 18 - MtlJJMAN & RO~q~SON. I[NC. PUBLZC EI~PLOY£ES POLICE AI~ FZRE ~ SUI414ARY OF AL'TUARZAL ASSL114PTZ0NS AND {4ETHODS TABLE (Continued) Boneftt ln~, tses After Retirement: Spect~l Constderattpn: Payaent of earnings on retired reserves in excess of accounted for by 5% post-retirement assumption. Married Members nssumed to elect subsidized joint and survivor form of annuity ds follows: Hale - Female - 40%elect 50%~&S option 45% elect lO0%J&S option 15f elect 50%J&S option 15% elect ]00%J&S option Actuarial Cost Hetho~: Entry Age Normal Actuariai Cost Method with normal costs expressed as ~ level percentage of earnings. Under this method, Actuartaq Gains (Losses) reduce {increase) the Unfunded Actuarial Accrued Liability. Asset Valuation Method: Cost Value plus one-third Unrealized Gains or Losses. Payment on the Unfunded Actuarial Accrued Liability: A level percentage of payroll each year to the statutory amortization date assuming payroll increases of 6.5% per annum. - 19 - O~T~ 1~ 'S~ IS:~I ~OM M/~ C~BUALTY TO IS1~78~B01 PA6E.~04/005 PUBLIC BLDLOYEES POLICE AND FIRE FUND SU~Y OF ACTUARIAL ASSUNPTIONS AND NETHO0$ TABLE 12 (Continued) SEPARATIONS EXPRESSED AS THE Ill. ER OF OCCURRENCES PER 10.000: Death 20 5 2 21 6 2 22 5 2 2~ 5 3 24 5 3 25 6 3 26 6 3 27 6 3 28 7 3 29 7 4 30 7 4 31 8 4 32 8 4 33 9 5 34 lO 35 10 5 36 11 6 37 12 6 38 13 7 39 14 7 40 15 8 41 16 9 42 18 9 43 21 10 44 24 Il 45 27 12 46 30 13 47 34 14 48 39 15 49 44 17 859 859 Il Il ~60 750 11 Il 660 660 12 12 583 583 12 12 519 619 13 13 463 463 13 13 416 416 ]4 14 374 374 14 14 339 339 ]4 14 307 307 15 15 R~t I r~ent 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 280 28O 16 16 0 0 256 256 16 16 0 0 234 234 17 ]7 0 0 215 215 17 17 0 0 198 198 18, 18 0 0 183 183 19 19 0 0 169 169 20 20 0 0 157 157 22: 22 0 0 146 146 23~ 23 0 0 135 ]35 2~ 24 0 0 126 126 26 26 118 118 28 28 110 IlO 29 29 103 103 3], 31 97 97 34 34 0 0 0 0 0 0 0 0 0 0 91 91 36 36 0 0 86 86 41 41 0 0 81 81 46 46 0 0 69 69 62 52 0 0 59 59 60 60 0 0 - 20 - OCT 12 '~3 ]6:2! FROM M/R CASUALTY TO IBI2?B~801 PAGE.005/005 PUBLIC BIPLOY£E$ POLICE/ViD FIRE FUND SUi~14ARY OF ACTUARIAL ASSUgPTIOIIS AND METHODS TABLE 12 (Continued) SEPARATIONS EXPRESSEO AS THE N~BER OF OCCURRENCES PER 10,000: , Death mm Wtthdrawal _Dj.ttibJ_IJ.LL 50 49 18 50 50 69 5] 54 20 39 39 80 80 52 60 21 29 29 91 53 65 23 22 22 10~ 104 54 72 25 15 15 119 55 78 Z7 11 ll 135 135 56 85 30 7 7 152 152 57 92 33 5 5 171 171 58 100 37 3 3 192 192 59 110 41 1 1 215 215 60 121 46 0 0 0 0 61 133 52 0 0 0 0 62 146 58 0 0 0 0 63 160 65 0 0 0 0 64 176 73 0 0 0 0 Rettre~en: Male Fpmale 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I0,000 10,000 0 0 0 0 0 0 0 0 65 195 81 0 0 0 0 0 0 66 21g 90 0 0 0 0 0 0 67 243 9g 0 0 0 0 0 0 68 270 I09 0 0 0 0 0 0 6g 300 123 0 0 0 0 0 70 334 140 0 0 0 0 0 0 21- MIIJ..D~ & IIOBI~TSON, N 0.. II) w w w u � I 1B O'I .. 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(ssoi) twOlWMU:JW ..... �� ....���....,, .. � .... ........ u.:lpnaQ"I ell:i ... �-, .. � *4:1-.Wi»l &ll:IJlldlSINII ..,-,.,ic�� .,I 02l25l94 Niimi Albel1 Lea Polee Anoka PoliceBuhlPolloe OllahMnf"n Ctllaholm PoleeCroakBlon FireCryBtal Police OuUhfire�PoliceFlll'l>aul Are Hlbmlgf"n Hibtmg PoleeMantatoA'e RedVWlr'Gfn Red \Mr\11 PGlk:e Rlcllt.ld Police Roche dnr Fir• Rodleslef' Police St.CloudFnSt. l.oU& Palk Fire st. Lows Palk PoliceSt Paul Fire West SL PalJ FhWinona Fire Winona Polee TOTALS �Members Eleded No EJ&ct1o11 3 90200201 0•009'4 438 51 0 a 19 0 14 1 8 0e0 0 e 4 13 20 21 31 2510a1141812 118 151 10 1 13 4I10 344 388 Source: Miltman & Robertson 1993 Aduariat Report Pallidpllnts In The Consolidation f=und Fonner Members BeneflR Ele!cted MoElection .eEBA Loa 0 1 20 4 0 0 9 1 0 0 3 0 0 0 13 0 0 0 7 0 0 0 6 0 0 0 16 5 0 1 149 13 0 2 126 13 0 1 23 0 0 0 25 1 0 0 19 0 0 0 39 ' 0 0 a 14 0 0 8 14 0 2 22 a 0 1 9 880 3 33 30 0 0 31 4 0 0 5 1901 %1 5024234 0 1 10 30242 40 1 21 0 0 11 1 098 215 .. 07:15AM Toblls Total1-d �Jlp' 23 4 10 37 a I 1 2 12 �3 0 0 3 •15 0 0 15 I a 0 0 I14 0 0 14 - 18 5 9 30 �193 13 44 250 �135 13 53 201 23 0 9 32 H 44 1 0 45 n 33 0 1 34 i45'0 .. 14 14 0 28 8 14 I 26 26 I 15 49 29 II 22 120 04 30 28 122 41 4 a6 11 144551353841532032554 837 0 11 48 1443 215 408 2 FIie: MEMSHD.1 GABRIEL, ROEDER, SMITH & COMPANY Actuaries & Consultants 1000 Town Center *, Suite 1000 · Soulhfmld, Michigan 48075 · 313-799-900u January 28, 1994 Mr. William Elrite Finance Director City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Re: Consolidation of Relief Associations with PERA Dear Mr. Elrite: As mentioned during our recent telephone conversation, there are a number of factors which will affect the ultimate financial impact of a derision to consolidate your Relief Associations with PERA. As I also mentioned, the issues are complex and frequently accompanied by a substantial amount of misinformation. I attempted to clarify the major points related to consolidation in letter to the St. Paul city council in 1991 -- a copy of my letter on this matter is enclosed for your reference. The results of the September 24, 1993 consolidation study prepared for your police relief association by Milliman & Robertson are consistent with the results of other such studies we have reviewed. The results of their study of projected contributions dated December 22, 1993, are consistent with the results of their earlier study based on a differential between the two studies in the assumed retirement age under PERA. Please contact me if there is further information you would like for us to provide. Sincerely, Enclosure GABRII=L, ROFDER, SMITH & COMPANY /L-'tuaries & Consultants 200 Globe Building · 407 ~t Fort · Devoir, Michigan 48226 · 313-951-3346 AN OPEN LETTER TO: January 14, 1991 Members of the City Counctl City of St. Paul City Hall St. Paul, MN 55102 Re: Local Fire Relief Association Consolidation with the Public Employees Retirement Association of Minnesota (PERA) Ladies and Gentlemen: Over the last two years I have had the opportunity to witness a number of the sessions you have had to discuss the issues surrounding consolidation of the city's fire department relief association with PERA. During those sessions, a number of myths have been perpetuated, clouding the fundamental issues and making rational analysis difficult. The purposes of this letter are to identify themyths, explain the shortcomings in the information you have received, and help you understand the single most important "truth" available. Specifically, The extent to which consolidation will be more or less expensive to the city than continuation of your local relfe? association is unknowab)e at this time. ~YTH NUMBER 1: Consolidation becomes less expensive as the number of participants electing PERA benefits increases. FACT: The consolidation reports you have received from the actuary retained by the Legislative Commission on P~nsions and Retirement show first year contributions under the following four scenarios: 1. Continuation of local relief association; 2. Consolidation with all electing relief association benefits; 3. Consolidation with all electing PERA benefits; 4. Consolidation with all electing plan which would be most expensive the first year. That format responds to the specifications of the consolidation legislation and was not intended to mislead. However, it invariably shows the smallest contributions for item 3. The primary reason for this result is that the reserves required for retirants electing post: fund escalation in benefits are less than the reserves required for retirants electing relief association escalation. Retirants electing post fund escalation give up the guarantee that their benefits will increase at the same rate that the pay of a first class fire fighter increases. In exchange they agree to accept escalation in benefits based on the investment performance of the post fund. The extent to which this transfer is more or less expensive to the city over the long term is contingent on future economic experience. If we see a lengthy ~Members of the City Counctl City of St. Paul ~lanuary 14, lggl Page 2 period of high pay raises with low investment return rates, the ~ransfer to the post fund probably saves the city money. On the other hand, in a period of high investment return and low pay increases, actuarial gains on money in the post fund, which would have been available to reduce city contributions, are paid out through benefit escalation. MYTH NUMBER 2: All long service high paid active employees will receive huge · windfalls in benefits. FACT: Individuals retiring shortly after consolidation, electing PERAbeneftts may receive a benefit that is very similar to the amount which would have otherwise been available under relief association provisions, particularly if survivor protection is elected. This is due to the fact that the PERAbenefit is based on a $ year final average pay rather than the actual pay of the member and does not include automatic survivor protection. For members retiring shortly after consolidation, the 5 year final average pay would be based on the 5 year average of the pay of a first class fire fighter rather than their actual pay. Full recognition of actual pay could not occur until $ years after consolidation. The following is a comparison of annual benefits payable immediately after consolidation to a member with 35 years service · who is 60 years of age, elects the joint and SO, survivor option under RERA, and has a 58 year old spouse: ~ember Benefit Potential Benefit to Surviving Spouse Relief Association $24,321 P~:RA $25,616 $12,160 $12,808 MYTH NUMB[R 3: Present .and future rettrants electing PERA benefits and post fund escalation will necessarily cause a deterioration in the funded status of the local plan account. FACT: The effect of such elections on the local plan account will depend on the extent to which the local plan account is funded at the time of the transfer. Transfers are made to the post fund excluding consideration of escalation in benefits. Consequently, the reserves required for the transfer are significantly less than the reserves for the same benefit which would have been held in the local plan account. For example, for a $10,000 annual benefit with a potential annual survivor benefit of $5,000 for a 60 year old rettrant with a 58 year old spouse, the reserve required by the local relief association would be $181,700. The reserve required bythe post fund under identical circumstances would be $133,900 (73% of the relief association reserve). If the local plan were more than 73% funded before the transfer for this particu)ar, case, the funding ratio of the local plan account would actually increase as a result of the transfer. The long term effect is not clear because it will depend on future economic conditions. C, ABRIEL ROEDER. SMITH & COMPANY 'Membet.s of the City Council City of St. Paul January 14, 1991 Page 3 HYTH HUMBER 4: There is a high probability that contributions under consolidation will decline rqpidly in the first few years. FACT: Decline -- yes, but not necessarily rapidly. The contribution requirements are, by law, computed on a present worst case basis. It is not likely that all elections by members will produce immediate worst case results. Consequently, some declines should be anticipated. However, there is another factor which has influenced the recent history of computed contributions for associations which have already consolidated. Economic assumptions used by PERA were liberalized in 1989. Consol idation account vel uations as of Ouly 1, 1989 reflected those new assumptions. A substantial portion of the reductions in contributions shown in the 1989 valuations for those associations which had consolidated prior to that date were attributable to the change in assumptions. The consolidation contribution amounts 'computed for your association already include consideration, of the liberalized assumptions. Future changes in your contribution amounts will depend primarily on elections made by individual members and future economic conditions. Changes in assumptions affect the incidence of contributions, but not the long term cost of the plan. TRUTH.NUMBER 1: The administrative costs to the city associated with the plan will be lower under PERA than under continuation of the local association. This is a function of the economies of scale associated with administering a larger retirement system. TRUTH NUMB[R 2: High paid and long service employees who delay retirement for 5 or more years beyond the date of consolidation will receive substantially larger initial benefits under PERAprovisions than under relief association provisions, even if they elect survivor coverage. It should also be noted however, that individuals who delay retirement specifically to receive the higher benefit will be receiving their benefits for a shorter period of time than if they had retired when eligible. The savings from the delay will partially offset the contributions required to fund the higher benefits. FIHAL TRUTH: The long term relative cost of the two plans will be primarily a function of futuFe economic conditions. If, for an extended period of time, the economy parallels the 70's, with high inflation rates, high pay raises, and low investment return,.continuation of the local relief association would probably be more costly than consolidation. On the other hand, if future economic patterns are closer to those of the BO's with lower inflation rates and pay raises, and high investment return, consolidation would probably be more costly than continuation of the local relief association. We could provide you with a number of sophisticated projections to analyze future contribution requirements under alternate economic environments. However, they would all be predicated on assumptions about unknowable future events and consequently would not be definitive in terms of establishing relative plan costs. If we were dealing with a longer period of time {like is possible with a group which is open to new hires) projections would be useful in that economic anomalies tend to balance themselves out if the time frame is long enough. While there may be considerable discomfort with the uncertainty associated with the decision you must make, no one is in a position to offer you certainty {or even high probabilities). GABRIEL, ROEDER, SMITH & COMPANY · Members of the City Council City of St. Paul January 14, 2991 Page 4 FUNDAMENTAL ISSUES: Discussion to date has been dominated by emotional detat] and has focused on the trees rather than the forest. Zf you wtll accept mypremtse that ultimate costs under the alternatives cannot be known, there are only two remaining forest type tssues to be considered whtch are: Do you wish to shift a portion of the economic risk to PERAand the rettrants in anticipation of bad economic conditions or retain all of the economic.risk in anticipation of the rewards which would result from a favorable economy? Do you wish to extend to pre-1982 hires the same benefit levels as are being provided to employees hired since the phase out? If the answer to this question is yes, it necessarily results in a shifting of a portion of the risk away from the city, foregoing some posstble gains, and Insulating the city against some possible losses. Compared with these two issues, everything else is simply minor detail. At this time it is my intention to be present at your January 28, 1991 meeting to respond to any questions you may have regarding 'this material. GWF:wp G~~.~(~~Since'r'e~"~ CC: Mayor James Scheibel, City of St. Paul ~t. Paul Fire Department Relief Association Gary Norstrem, Treasurer, City of St. Paul Robert Perkins, actuary for the Legislative Commission on Pensions and Retirement Lawrence Martin, Executive Director, Legislative Commission on Pensions and Retirement Mary Most Van,k, Acting Executive Director, PERA Joseph O'Neill, attorney for the St. Paul Fire Department Relief Association Brian Rice, attorney for the St. Paul Retired Fire Fighters Association GABRIEL, ROEDER, SMITH & COMPANY t~EST ~ FLANAGAN _~kTTORI'q'EYS AT LA%V ROBERT R. BARTH .~. ~LT EH GRAFF ALL~N D. BAHNARD irRANK J. ~%ALZ TIMOTHY A.~UL~'~ F~ VO6L Bm~s F R~cg ~RINUS W. ~L~ PL~EX.JR. D~NIZL R.W. NE~ON DAVID B. MORSE T~CY J VAN STEENBUROH .JOHN A BURTON, JR. D~VID d ZUBRE JAMES C. DI~C~ ~TEVEN R. ~UGER ROBE~ L.51ELLER,JR. JAMES P. ~IICHE~ SCOTT D. ELLEH CHARLES C. BERQEIST GEORGE O. LUDCKE E. JOSEPH LAFAv E GREGORY D. SOI'LE CATHY E. GORLIN 4000 FIRST BANI,[ PLACE (:)01 SECOND _~X'ENUE SOUTH ~IINNEAPOLIS, 5i}4 55402 4aa~ TELEPHONE .01'~: aao ?m~ TELECOPIER .012:330 ' :5807 CINDY J. LARSON Or COt-~SEL JOHN P. BOYLE JOHN R CARROLL ROSS C. FORMELL JAMES D. OLSON CARYN ~CHERB GL.OVER ROBERT M .SRARE MARY E, SHEAREN ARCHIBALD SPENCEI~ CATHERINE J. COURTNEY I~'ARD B. LEWIS KEITH =]..~ELSEN BARBAR~ M. ROSS TR~CY F. KOCHENDORYER JK~.~r~]CE M. REmNG SARAH CRIPPEN ~IADISON JAMES I.BEsT MICHAEL L .DI~s Direct Dial: 349-5652 March 7, 1994 Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 RE: Police Consolidation Dear Mr. Hentges: Enclosed please find copies of: Laws 1993, Chapter 126 relating to Columbia Heights Police Relief Association; and 2. Minnesota Statutes, Section 645.021, subdivision 3. As attorney for the Columbia Heights Police Relief Association, I would strongly recommend that the Columbia Heights City Council take an action giving its local approval to Laws 1993, Chapter 126, Article 1 and formally file that approval with the Secretary of State's office. While you are quite correct that the Legislature amended Chapter 35~ by changing the definition of salary, a legal issue could come up because of the provisions in Section 645.021 and the State Constitution which require local approval of legislation affecting only one municipality. If you have any questions, please feel free to call. Very truly yours, Brian F. Rice BFR: rmr Enclosures cc: John Marciniak BFR\Hentges. [tv II Ch. 126, AH. I LAWS of MINNESOTA for 1993 CHAPTER 126--H.F.No. 1442 368 An act relating to the city of Columbia Heights; exclusions from salary in computing police relief association retirement benefit~: permitting a contribution with interest by a member for past service with the city; amending Minnesota Statute, 1992, section $55B. 02, subdivision 10; and Laws 1977, chapter 374. section 8, subdivision 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE I COLUMBIA HEIGHTS POLICE BENEFIT CHANGES Section I. Laws 1977, chapter 374, section 8, subdivision !, is amended to read: Subdivision I. The words "salary of a top patrolman" and "top patrolman's salary" as used in this act shall mean all monthly wages and salaries subjec~ to Minnesota state or federal withholding for tax purposes of a top patrolman eml~t~yed by the city of Columbia Heights on scheduled shifts set by the city of Columbia Heights pursuant to the current terms of any labor agreement between the policeman or his union and the city of Columbia Heights: including longev- it_y. pay and education incentive pay in an .amount not to exceed $235 Ret month. The terms "salary of a top patrolman~ and "top patrolman's salary" shall exclude payment for overtime work which shall be defined as work performed at the express authorization of the city of Columbia Heights in excess of the police- man's scheduled shift, any increased amount of pay over the pay of a top patrol- man for duties as a detective investigator, payment for volunteer work, payment for court time, payment for call back time which shall be defined as work formed by a policeman who As called to duty during his scheduled off-duty time, o~c ~.~::ca:~,:, ~::,~.en:~;'e o~ fo~ " payment for clothing, payment for holiday service, night shift pay, emergency duty pa}', standby pay or pay for or in lieu of any fringe benefit or term or condition of employment whatsoever other than payment for scheduled shifts. Th~g de~a~He::. :~all be ¢,"f,c:.:~ve ~ Sec. 2. BUY BACK FOR CERTAIN PAST SERVICE. Notwithstanding Minnesota Statutes, section 353A.10, subdivision member o._f the Columbia Heights police relief association who was hire___~d o._Rn February 16, 1'--964, is allowed to contribute to the relief association, or to th...~ consolidation account under ~'innesota St~'ut'~'s,'chapter 353A~ whichever applies, an atonal t--~eight percent of the salary of a ~ grade patrol ~ '~. Cer fro~n'-~'he--~edod Febm-~ 10, 1989, t~ro"~-p-.h the la'~?t~ll ~~p ry .............. . contributions would be required under consolidation with the ~)ublic. em l_..~_Lqy.~- retirement association, plus interest at the rate of 6.5 percent, ~ ' New language is indicated by underline, deletions by SuM i~er, whicl (1) A: (2) A, LAWS of MINNESOTA for 1993 Ch. 126, Art. 2 369 ~ fro_.~m_m the date the member contribution would have been ~ayable until ~ da.~te th~at th_h~e equivalen! amount i_s paid: ~ Minnesota Statute, section, 353.01, subdivisioR 10, para~ ~ ~ _contributions mad~ b_.y _a member of the Columbia Heights police ~ association vursuant_ to this section may be i'-~clude~, in ~ th__e ~ o_.f ~ and. salar~ uoon which that individual,~ annuity would be comr ~ in thee even.t, that th_e person .selects benefi.__t cove_fiXEO.~ unde___~r th._~e vublic ~ ~ and fire fund benefit plan followin~ a consolidation under Min- ~ ~ chapter 353A. Sec. 3. LOCAL APPROVAL. Sections I and _2 ar__~e effective, upon an affirmative, vote b_.y th._.~e ci_LY of Colum.~ ~ ~ polic$ relief association to consolidate wit__hh th_~e ~ employees ~ an__d, fir.__e fun._._~d under Minnesota Statutes, section. 353A.04~ and upon ~ of sections I ami _2 b_.y the Columbia Heights city council an_~d comoli- ~ wit__hh Minnesot.a. Statutes., secti--on 645.02'1, subdivision 3_. Th._~e amendment ma~de in section 1_ aoolies only to benefits payable and contribution_~s made. aftc_..~r th..5.e dat.._~e of approval b_.y th__~e Columbia. Heights ~ council. ARTICLE 2 CONFORMING CHANGES Section 1. Minnesota Statutes 1992, section 353B.02, subdivision 10, is amended to read: Subd. 10. SALARY. (a) "Salary~ for benefit computation and contribution purposes means the salary of a first class or first grade firefighter or patrol ofli- c. er, whichever applies, for the former members of the following consolidating relief associations: (1) Anoka police relief association; (2) Austin firefighters relief association; (3) Austin police relief association; (4) Columbia Heights fire department relief association, pai~d division; (6) Fairmont police benefit association; (-7-) (6} Faribault fire department relief association; (4b) (7) Mankato fire department relief association; New language is indicated by underline,, deletions by ~i~ee~. Ch, 126, Art. 2 lAWS of MINNESOTA for 1993 37 ~ 371 ~ L~ Minneapohs fire department relief association; ~ i!' (5) Crc (4~ f.~ Minneapolis police relief association; ~ ' (6) Crc (, ,) ~ Richfield fire department relief association; {7) Fat (,.~) (11) Rochester fire department relief association; i~! (8) Re (1--3-) (12} Rochester police relief association; {9} Vi: ~ { 13) St. Cloud fire department relief association; (d) "S (4-5-) ~ St. Cloud police relief association: salary for bution put (q-6-} ~ St. Paul fire department relief association; :..~ lng consol "'~' (16) South St. Paul firefighters relief association: ,, o, (i 7) West St. Paul firefighters relief association; (49-) (18) West St. Paul police relief association; and ,..v~ (~ 9) Winona fire department relief association. (b) "Salary" for benefit computation purposes means the salary of a first grade patrol ot~icer for the second month of the previous fiscal year and for con- tribution purposes means the current salary of a first grade patrol ofiScer, for the former members of the following consolidating relief associations' ~ 11 Bloomington police relief association: (2) Crystal police relief association: (3) Fridley police pension association; (4) Richfield police relief association: (5) St. Louis Park police relief association; and (6) Winona police relief association. (c) "Salary" for benefit computation purposes means the final salary and for contribution purposes means the current salary for the former members of the following consolidating relief associations: (!) Albert Lea firefighters relief association; (2) Albert Lea police relief association; (3) Buhl police relief association; (4) Chisholm firefighters relief association; salary at purposes a patrol c ciations: (1)~ followinl cared: tion inc Heights, police p e~ gibility associat il ration . il deparU New language is indicated by underline, deletions by otfik:c.:::. 3?0 y of a first nd for con- ,cer, for the ry and for mrs of the 371 LAWS of MINNESOTA for 1993 Ch. 126, Art. 2 (5) Crookston fire department relief association; (6) Crookston police relief association; (7) Faribault police benefit association; ~ (8) Red Wing police relief association; and (9) Virginia fire department relief association. (d} 'Salary'* for benefit computation purposes means the average earnings or ~alary for the final six months of employment before retirement and for contri- bution purposes means the current salary for the former members of the follow- ing consolidating relief associations: (I} Chisholm police relief association; (2) Hibbing firefighters relief association; and (3) Hibbing police relief association. (e) ~Salary~ for benefit computation purposes means the greater of the final salary at retireme...nt or the highest salary of a patrol officer and for contribution purposes means the greater of the current salary or the current highest salary of a patrol officer for the former members of the following consolidating relief asso- ciations: (1) Brainerd police benefit association; and (2) New Ulm police relief association. (f) ~Salary" for benefit computation and contribution purposes means the following for the former members of the consolidating relief associations as indi- cated: (1) salary o_=f _a top F, rade patrol officer: including longevity ~ and eduea- lion incentive p_~ in an amount not to exceed $235 per month, Columbia Heights police relief association; ~2) maximum pay of a firefighter, Duluth firefighters refief association; q~) (3) salary of a first class patrol officer with 16 years of service, Duluth police pension association; ~ (-5) (4) base salary for the rank currently held, plus longevity pay, pay for eli- gibility for next higher rank and pay for first aid care, Mankato police benefit aiaociation; _~.. ,~ (4-) (5) average annual salary for highest three paid years for benefit compu- lation purposes and current salary for contribution purposes, Red Wing fire department relief association; New language is indicated by underline, deletions by ~.rikeo~. Ch. 126, Art. 2 LAWS of MINNESOTA for 1993 372 '~ (-5-) (6) pay of the highest grade full-time firefighter, St. Louis Park fire department relief association; (-6) (7) maximum monthly pay of a patrol officer, St. Paul police relief asso- ciation; (-7-) (8) prevailing base pay of rank held at retirement for benefit computa- tion purposes and current salary for contribution purposes, South St. Paul police relief association; and (49 (9) prevailing pay for rank held for at least six months before retirement for benefit computation purposes and current salary for contribution purposes, Virginia police relief association. Sec. 2. EFFECTIVE DATE. .Section _1 is effective on the effective dat~e o._f article I. section i.~ Presented to the governor May 10, 1993 Signed by the governor May II, 1993, 6:02 p.m. CHAPTER 127--H.F. No. 648 An act relating to counties; per..tting Itasca and Polk counttes to consolidale the o.~ices of auditor and treasur, o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section I. CONSOLIDATION OF OFFICES. .Upon adoption ora resolution bv the Itasca county board of commissioners or the Polk county board m ~_ __ __. of commissioners, lh__~e .offces o__f ,auditor and .treasurer i.R th._.~e .county adopting the resolution shall be consolidated. The title of the con- solidated offce will be -- ~ .... .. "auditor-treasurer." All the duties, functions~ and respon- .sibilities ,required by law to be performed by th__qe .county auditor .and_county ,treasurer shall be vested in and performed by th__.qe ~uditor-treasurer. The auditor- treasurer shall be elected like other county officers under Minnesota Statutes, ..section 382.01. ' - ' Sec. 2. SCHEDULE. Persons .elected at th.~e November 1990 general election t._q th.._~e ~ositions of auditor and treasurer shall serve in those .capacities and ~fform th._~e .dufie~ functions, ,and responsibilities req~Tre~l by statute, unti_._.! th_~e .completion o.__f th.._~e .term o_f office t.=q which each was elected, o~ until _a yaean~ occurs i_.n th_~e 9ffce, ,whichever 9ccurs earlier. If a-~acancv occurs, the other officer shall .gefform the ,duties, .functions, ,and responsibilities of both Offices. New l~nguage is imitated by .underline, deletions by .s~ik, eo~. ::.~. 373 ? ?~,~' The lhe auditor. cia~ elec~ Sec. cenifica' _board, i Pre Sigl I lng for ;~ lng Mira BE IT I Se{ amen& Su~ The eo the pm trunk t benefit .commi .highw~ amend OF '~TATUTES =-end- m~. Stefan Minn. Law Revi~ ~uage.' George C. n..L.Rev. 885. k effect at 12:01 a. m. royal. Smith v. Cu- 48, 76 'F.Supp. 575, :3, 224. g for election in reor- but not providing a effect, takes effect as tment. ' State ex tel. Dial No. 65, 1952, 0. ~ is proper but only ',n, aa where language ~w is doubtful; where ke that of any ·other ~rt does not resort to Forsman, 1977, 260 )n of the legislature ,.at date is specified meat unit affected ,y following the day ~th the secretary of eh a special law is ,~ive, the day after date,, unless a later ly at any session of t following its final s a different time is e. 384, ai't. 1, § 48. :INTERPRETATION: .OF. ffrA_ TUTES .-Historical and Statutory :Notes :.lg'/1.Amendmenf~ 'Substituted ~'Aul~ust -1" as :the:tmtml effeeti~datz :ofahws-l'_or.~he.~begiuning et ~ .da~,ionowin~..~ml ~eesc~nent. ~ Laws- ]07], ~. ]95,~.§. ~orovide6:'.., .~!1d6 act ._~aUa~p]y to aet~ finally enacted by the legtaistu~e a.qer January J, 1073.~ 1960 '$mendment. The ~xnendment of this sec- tion by ~ 1980, ~ 58?, ~ 1, §. 39, ~ effec- tive '~pon' thS':r~tffi~ti5fi ~f :C,o~t~ ~ ~l,' § 2?, at § 645.021 the 1980 General Election. The constitutional pro- vision was not ratified by the voters.' '.The text:of Laws 1981, e~ 687, art. 1, §;~9,'does not appear as a part of this ~ction. ·. Laws 1980, e. 587, art. 1, 1_98.7 Legislation The 1987 amendment x~nqSed an internal refer- Crons References ' Constitutional provisions relating'rd special laws -=Revisor's duties reisting to approval dates of C,I.S. Statutes §§ 405, 407. Library References Appropria_ti(~ns 6 . ~. 1. Construction and application. Small game hunting Iicenses` issued before May 29, 1969, the effective date of Laws of 1969, Ch. 846, are valid for the calendar year 1969. OpAtty. Gen., 209c, Aug. 8, 1989... Where Laws 11957, c.: 073, increasing the com- pensation of'judges of the Municipal Court .in Hibbing specified no effective date, and it was Notes of Decisions passed by the House on April 22, and by the Senate on April 23, and .was approved by the Governor on April 26, inctnmsed salaries com- menced on .April 27. Op.Atty. Gen., 307-i, June 20, 1957. 6. Appropriations Where there was no effective date of appropria- tion contained in Laws 1955, c. 710, it was available for expenditure on and aftei' July {, 1955..Op. Atty.Gen.,, 9A13, June 7, .1.955. 645.021. Special la~;- local apprOVal, certificates ' : Subdivision .l.':!:A sPecial law as defined in the Minnesota Constitution, Article XI1, =Section 2, shall name the local government unit to which it applies. If a special law applies to a group of local government ~ts in a 8ingle county or in a number of contiguous counties, it shall be sufficient'if the law names ~the county or counties where the affected units are situated. · Subd. 2~?A.special iaw shall not be effective without approval of the local government unit or units affected, except as provided in section 645.023. Approval 'shall be by resolution adopted by a m~jorit~ vo~9 of all members .of the governing body of the unit unless another method of.approval is .specified by the particular special law. Subd: 3. The chief clerical Officer of a local government unit shall, as soon as the unit has approved a speCial law, -file with the secretary of state a certificate stating the ;essential facts necessary to valid approval, including a copy of the resolution of approval-or, if submitted to the voters, the numbex. Of votes, cast for and against approval at the election. The form of the certificate shall be p~q~ecl by the attorney general and copies shall be furnished by the secre.tary of state.'.i.Ifa'local govermnent unit fails to file a certificate of approval before the first ~lay of the' ue.~t'.~:session' of the legislature, the law is deemed to be disapproved by such unit unless.otherwise provided in the special law. ~ Subd. 4. Laws' 1959, Chapter 868, does not apply to any special law heretofore enacted, whether or not it has been apprOVed by the local government unit affected, but such unit shall file with .the Secretary_ of state a certificate of approval for such law as required in subdivision Laws 1959, c. a6S, §§ 1, 'Z Amended by Laws 1979, ~ 176, § 1. Tab/zs ofLoca/:Laws ~/at/ng to gowr~ un/t~ w/th date~ of/ocat ami of fding with tbs Se~tarv of State, appsar in the s~ssion law publishsd b~ tbs Stats-of Minnesota beginning with laws ~59. 3 § .645.021 l]~rE RPRE .~TION. OF ..STATUTE S Historicah and Statu .tory-~otes :'~979 Amendment:" Added ~e:previsinns now ./P/tie of.A. ct:- 'appearing as subds. 1 and 2.. ..... 'An~ct'~lating-te..spec~f'l~ws:s~t'ec~g '!o~1 · Laws. 1979, .a 176 di~l r/ot' confhin ap/~6opr/atinh./~er/me'~t units; a.,fiending 'Minhe~ota Statfi{es items or a specifi~ effective date.' Se~'i 645.02.for ~1957;.se/tiona.482.07 and ~45.02Y ."I.~ws !19~, mdhod of determining the'effective date;' ' 368. ' - ' ':~ C~ReferenC~s Constitutional provisions ral,~ting t~ spaciaJ~tws , ? Rev~."or's. duties 'relating to a~prov~l- ~es "~f affecting ]o~I governments, see Const. Art. 12, special laws, see § 3C.06. §§ I and 2. Law P,~;iew Commentaries Home rule and special legislitio~'fn Minnesota. ~arch 1963, 47 Minn. Law Review 621. Statutes ~:~325. C.J.S. Statutes § 147. Certificate 5( approval 2 Employee ~benefits 3 1. Construction and application Fact that special legislation had not been ap- proved by local unit of government had no effect on its constitutionality; rather, law .was:.'a validly passed, constitutiomil .statute which had not yet become effective and which remained subject to provisions of this section~ governing local app/'oval~ and certificate of approval of special laws. · Rush City Hosp. v. Sandstone Area Hosp., 1982, 3.26 N.W.2d 638. Local legislation requirifig'apprev/fi'bf'/m~or/~ ty of the governing body of the county,· and :as to the specific municipality, ofily after the appre9al of a majbr/ty of the governing .body, would be effee- five upon fding of the certificate of approval by the county board and the municipality.with the Secre- tary of'State. 0pAtty. G~h., 434a-6,.Nov. 3f1966. A general law could include provis, ion~ to supe2- sede, repeal or amend special laws ff the pro~/sions were germane to the subject matter of.the general law, however a law which had. as' its sole purpose the repeal of an amendment of a special lawwould require local approval~ 0pAtty. Gen., 83% Feb. ~,. 1966. .. Chapters 781 and 783 of Laws i965, wh'!~ i~ro- .~ide for mandatory retirement of certain ,emplo~- ees of the city'of St/Paul, which wea:e'hppr~.ed~by St. Paul city council on August 10, 1965, and which were filed with Sed'etary of State on Augtist..19, 1965 under this section, require unclassified. ~m- ployees, who are not el~cted:pfficers, and who' are 71 years or older on'August 19~ 1965, to retire September 1, 1965. Op.Atty. Gen., Aug,.26, 1965. No~s of Decisi'bns Laws 1961, c. 371, coded as §"468.60, was a general law and was not required to be enacted 'in the form provided.by Laws 19.59, .c.:3~..:..0p..Att.y. Gen., 273-A-17, Jan. 10, 1963. , .Laws 1959, c. 372, approved .upon' ~e'eam~ day as Laws 1959, c. 368, would be subject to the 15revisions of this section requiring timely.fding of an approval of the spechl law with the Secretary. · of State. Op.Atty. Gen, 385a-10,.:SepL' 25, 1963". · In view of the provisions of this section .the local governing bodies enumerated by Laws 1959, Ex. . Seas., c. 16, could not app.m, ve the l~,dslation..after the ~fi~t day of the regular Session 'of tl/e1961 · .Legisla'ture.: Op.Atty. Gen., 125a-26,'Aug. ~1,1961. · .2. Certificate of appre~al City council's amended resolution, . enacted' De- cember 14, 1981, which spread an additi'on/il r~iJre- ment benefit~ to retired as well as active fire. fight- ers was timely fil6d with the Secrethry of State On January 5, 1981, pr/or to the rust day of the next regular legislative session occurring .alter the ben- efit change was approved. Duluth Firemen's.Re- lief Ass'n v. City of Duluth, 1985, 361 N.W.2d381. 3. Employee benefits : Cit~,' council's amended resolution ~;i~]~h sp~ an additional retirem~t benefit to reti~ed.~'~ell :as ~cfive fire fighter~ and.thus decreased './.'~i- dfisl~ ;a'dopt&l alternative' benefit indv. ase..for' ac- fiv6 l'u'~ · fighters' to an~ a~ount Which: .'was"ztill .greater.than~the pre-1980 retirement ben~..ts;was n~)t preh~iW.d bY § 423A.05, governin~ altenmfive benefit in/teases for salaried fu~e. "fighters~.rhlief as~eciation. Duluth Fil:emen's Relief ~s/'n v. Ci.ty of Duluth, 1985, 361 N.W.2d 381. 645,023.. Special laws; enactment without.local approval; effective date , Subdivi~ion'l. A.speclal llaw enacted pursuant to the provisions of/the Constitution, Article 12, Section 2, shall :.become 'effe~ve without the approval ..of any....affected local 4 ~'~P~ETATXON 'O~"~'P'A'I government umt or group of'sucl lf't~e law is in' any of the (s) A law which enables one gran~d by general law.' -' ". · ""':i~)-A' l~w which brin~ a'"l~ ~x'~.ding'..thd applicahili~ ~6'f ii 'm'e~f units.. · ' (c) A law wMch applies to a si 1,000,000 people. ~. Subd. 2; A.speeial law.as to Augus[ 1 nex~ following its.final law. Sabd. 3. Subdivisions 1 and a[ the 1967 and all subsequen~ s Laws 1967, e. 695, § 1, elf. May 20, 1 Laws .19"/9, c. 176, § 2. Hi. 1973 Amendment. Substituted ~ for "at 12:01 A.M. of the day" in sul 1976 Amendment. Substituted ti ences to the constitution. 1979. Amendment. Specified ti suM. l(a), (b) and (,.). Laws 1979, c. 176 did not contain items or a specific effective date. Se method of determining the effective 1 Minnesota's experiment with a council. Nov. 1968, 53 Minn. Law Statutes ~=259. C.J.S. Statutes §§ 402, 410. Ambiguity 2 Construction and application I Singular and plural 3 I. Construction and application Consent by city to special law, wP, park district to acquire property for · on Lake Minnetonka, was not. req, la~ enabled park district "to exerds~ granted ,by general law" within mca sion in this section obviating ne~ consent; and special Law applied to of units with population of more people within meaning of stin anothl this section obviating necessity of Blanch v. Suburban Hennepin Regim 1989, 449 N.W.2d 150 Laws 1967. c. 661, reLating 'to taxation did not violate conztituti~ MINNESOTA STATE BOARD OF INVESTMENT Board Members: State Auditor Mark B. l)ay~on Stale Treasurcr Michael A Mc(;rath ~c~tary of ~lale Joan Anderson C;rowc Attorney General llubert il. llumphrey Ill Executive Director:. I iowavd J. Bicker Suite 105, ME~4 Bldg. 55 Sherbume A venue St. Patti, MN 55155 (6]2)296-3328 FAY( (612)2969572 An Equal Oppommity Employer November 30, 1993 Board Members Columbia Heights Police Relief Association ATI'N: Leonard OIson 590 40th Avenue N.E.. Columbia Heights, Minnesota 55421-3878 Dear Board Members: As part of your consolidation effort the State Board of Investment is required by state statute to review the assets of the relief association. The SBI's duties and responsibilities with respect to consolidation are specified in Minnesota Statutes , section 353.05, subdivision 2. The State Board must review the assets and determine the market value to be used when transferring the assets from the relief association to the Public Employees Retirement Association Police and Fire Fund (PERA P & F). In particular, the SBI must review the existing portfolio to determine whether the assets meet its statutory investment requirements and whether the assets are appropriate for retention by the SBI given its investment objectives. The State Board may require the relief association to liquidate any security which it determines to be ineligible or inappropriate for retention. The liquidation must occur before the effective date of the consol id ation. State Board staff reviewed the list of assets provided by your organization. Our examination of the September 30, 1993 list was conducted in accordance with the statutory provisions and included consideration of: o SB! legal requirements o asset type o asset quality o asset marketability o size of asset holding We use these criteria in our evaluation in order to ensure that these assets meet the investment objectives set by the SBI and are like other assets held by the State Board in what we call the Basic Retirement Funds. (The Basic Retirement Funds are the assets of active members of the statewide plans. Transfers from the Basic Funds to the Post Retirement Fund when an active member retires are made in cash.) Information regarding assets in yonr portfolio and how they match up relative to other assets in the Basic Funds comes from the asset listing. In this report we present our conclusions concerning which assets in your portfolio are acceptable for the SBI and which assets are not acceptable. Our review has determined, using the asset listing you provided, that some of your assets are not acceptable. The attached list breaks out those assets that are acceptable and those which are not. This list does not include assets with maturity dates between the bank reporting date and the date of this review. The final value of the assets transferred will change based on changing market conditions and any changes in asset holdings that may have been made by your organization between this date and the final date of consolidation. The State Board requires that the relief association close any mohey market accounts, mutual fund accounts, certificates of deposit, savings accounts and checking accounts prior to transfer of the assets. The State Board requires that the relief association liquidate the mutual fund accounts, on the attached list of unacceptable assets because these assets violate various SBI policies. The statutory language requires the State Board, if requested, to advise a relief association concerning the manner in which to liquidate assets determined to be ineligible or inappropriate. It is not the State Board's responsibility to advise you as to the most advantageous price or time at which to liquidate. Accordingly, the State Board suggests that your organization liquidate the unacceptable assets using the services of those organizations from which the assets were originally purchased. If you have questions about this report, please call Mike Schmitt at (612) 296-3328. Sincerely, Howard J. Bicker Executive Director CITY OF COLUMBIA HEIGHTS POLICE RELEIF ASSOCIATION SB! REVIEW OF ASET 1. ACCEPTABLE ASSETS: MATURITY PAR BONDS RATE DATE VALUE FEDERAL HOME LOAN BANK GNMA II GTD PASS THRU CTF/000862 GNMA II GTD PASS THRU CTF ;fl}46943 GNMA II GTD PASS THRU CTF #154046 UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES UNITED STATES TREAS NOTES SECURITY PACIFIC NOTE XEROX NOTE TOTAL ACCEPTABLE BONDS I!. UNACCEPTABLE ASSETS: 09/30193 MARKET VALUE 08.30 % 07/25/94 100,000 103,840 09.00% 10/20/02 68,806 72,848 12.25% 02/15D6 324 354 09.00% 06/15/01 43,987 47,176 06.38% 07/15/99 IO0,O00 107,094 05.63% 08/31/97 100,000 103,844 08.63% 08/15/94 100,000 104,438 08.25% 11/15/94 125,000 131,445 07.63% 12/31/93 i .I00,000 101,125 08.50% 05/15/95 100,000 107,344 06.88% 02/15/94 150,000 152,016 08.00% 10115196 50,000 55,219 08.35% 08/15/94 125,000 129,453 08.75% ! 1/01/95 100,000 108,515 MUTUAL FUNDS FIRST AMERICAN MONEY FUND FIRST AMERN INVT FDS INC FIRST AMERN FUND INC STOCK FUND TOTAL UNACCEPTABLE MUTUAL FUNDS 1,163,117 NOTE: UNITS 197,426 177,459 3,199 378,084 1,220,871 06/30/93 MARKET VALUE 197,426 1,785,233 51,192 2,033,851 THESE ITEMS ARE MUTUAL FUNDS OR LIMITED PARTNERSHIPS. THE SBI DOES NOT USE MIYFUAL FUND VEHICLES AT THIS TIME. THE SB! PREFERS DIRECT RELATIONSHIPS WYFII MONEY MANAGERS TO ENSURE MANAGER ACCOUNTABILITY. THEREFORE, THE SBI REQUIRES THAT THE RELIEF ASSOCIATION LIQUIDATE THESE HOLDINGS AND TRANSFER CASH. CITY COUNCIL LETTER Meeting of: March 14r 1994 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: ~_ CITY MANAGER NO: .. F i re~ AP~ No:ITEM: LICENSE REVO[ATION, RENTAL PROPERTY~ ~ DATE:BY: MarchL°Well ll,DeMars1994 ~E.-~': Revocation, suspension and/or other appropriate disposition of a license to operate a rental unit(s) within the City of Columbia Heights is requested against Mr. Jake Cadwallader, dba/C-H Properties,. regarding rental property at 4655 N.E. 5th Street. The Planning Commission denial of Mr. Cadwallader's appeal on the compliance orders took place on January 4, 1994. (Copy attached) Attached is a letter from Gary V. Topp, Plumbing Standards Representative, Minnesota Department of Health, dated March 1, 1994, outlining the plumbing violations on the property. RECOMMENDED MOTION: Move to establish a hearing date for April 11, 1994 for revocation, suspension and/or other appropriate disposition of a license to operate a rental unit(s) within the City of Columbia Heights against Mr. Jake Cadwallader, dba/C-H Properties, regarding rental property at 4655 N.E. 5th Street. 94-33 Attachments COUNCIL ACTION: PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 4, 1994 PAGE 3 3. BOARD OF APPEALS. A. Appeal of Administrative Orders Case #9401-03 C.H. Properties 4655 N.E. 5th Street Evelyn Nygaard presented the request of Jake Cadwalladcr of C.H. Properties for an appeal of the administrative orders issued by the Fire Department against his three unit rental property located at 4655 N.E. 5th Street. Originally, Mr. Cadwallader appeared at the October 1993 Planning and Zoning meeting where action on his request was tabled until the November meeting to allow Mr. Cadwallader time to meet with Staff to define and clarify the items in violation and determine what could be done to resolve the problems.. At the November meeting, Mr. Cadwallader requested his case to be continued until January 1994. Prior to this meeting, Mr. Cadwallader had not been in contact with City Staff since a brief meeting in October. Ms. Nygaard stated that the property is being used as a three-plex in a R-2 Zoning District which allows one and two family dwellings only. Multiple dwellings require a minimum lot area of 10,000 square feet. She informed the Commission that this lot is approximately 9,183 square feet. She also indicated that structural, mechanical and electrical systems of the building are substandard or deteriorated to the point of being hazardous. Mr. Cadwallader was present and stated that the compliance orders should not be required because the violations were not related to stated code sections, the conditions were pre- existing to the ordinance for Housing Code, and the violations do not create a health or safety hazard. He submitted to the Commission a document from Doug Linden, Inc., Master Plumber, stating that "after inspecting the property at 4655 N.E. 5th Street, he found that there appears to be no problem in the function of the plumbing fixtures, the system is old but adequate in operation, there is no danger to public health, the system does not operate in an unsanitary manner, and that the drain in the lower rear unit shower should be altered so as not to extend above the level of the shower base and a screen be added". It was the concensus of the Commission and Building Inspector that the City request an inspector from the State Plumbing Code Division or an unbiased Master Plumber be retained to conduct an inspection of the property to verify plumbing code violations/hazards. Commissioner Szurek stated that she has a problem with a tri-plex operating in an R-2 Zoning District. Mr. Cadwallader felt that, because the building is old and not new construction, he should not be required to bring it into comformance with current codes. He stated that the building has been operated as a tri-plex since the 1950's. He disputed some of the requirements as addressed by the Fire and Building Inspectors stating that the Housing Maintenance Ordinance does not address the plumbing code. He felt that some of the compliance orders as written, were not based on anything addressed in the Housing Maintenance Ordinance. Commissioner Szurek asked Staff if there were ever any building permits taken out for any repairs or remodeling. Evelyn Nygaard indicated that permits were not obtained for any repairs PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES' JANUARY 4, 1994 PAGE 4 or alterations in that building. Mr. Cadwallader stated that he has not done any work in the building. Council Representative Paterson asked Mr. Cadwallader if any of the items on the list of violations have been corrected. He also asked if Mr. Cadwallader had a qualified person inspect the heating system as was discussed at the October meeting. Mr. Cadwallader stated that he was not going to do anything until the situation was resolved. If the building will be required to be demolished, he said he would not make any repairs. He also stated that he has not had the heating system evaluated. Commissioner Szurek stated that other property owners have had to make their properties safe and habitable, why should Mr. Cadwallader be any different. If you have to stand outside the bathroom to use the sink, that is not a proper bathroom. Mr. Cadwallader argued that he was not here to say if the bathroom is proper or not, he was there to say his property has been in existance for many years and should not have to be brought into conpliance with current codes. Commissioner Szurek explained that the City has required rental properties to be brought into compliance with the Housing Maintenance Ordinance which incorporates all the requirements of the State Building, Electrical, Plumbing and Mechanical Codes. She stated that Mr. Cadwallader was operating a sub-standard property. Fire Inspector, Matt Field, explained that Mr. Cadwalladers building had an inspection of the interior in 1990 at the outset of the Housing Maintenance program. In 1992, only the outside of the building was inspected. In 1993 the interior again was inspected. A number of the items that were borderline in 1990 were now to the point where definite repair or replacement is necessary as very little maintenance appears to have been performed to stop any deterioration. Prior to 1990, any inspections conducted were with regard to Fire Code violations. Evelyn Nygaard also reminded the Commission that there was lead paint in the rental units that exceeded the limits of safety and health standards. Mr. Cadwallader indicated that he was instructed by the Fire Department to contact the Public Health Specialist of Anoka County for the required corrective measures for abatement of the lead paint. Mr. Cadwallader stated he contacted Anoka County and they said they did not have any requirements for removal of lead based paint. Commissioner Szurek then asked !if he had removed the lead paint. Mr. Cadwallader stated that he has not. The Commission members were disturbed that Mr. Cadwallader would knowingly allow the continued occupancy of the units especially by families with .small children without abating the danger of the lead paint. Commissioner Paterson stated that lead paint is a health hazard and that it did not make sense that Mr. Cadwallader felt he didn't have to remove it just because a time period was not stated. Commissioner Szurek felt there was no sense in continuing discussion of this case as it was clear Mr. Cadwn_lin_der was not going to make any repairs or correct nny problems to provide a safe and habitable building for his tenants. Mr. Cadwallader attempted to get the Commission to concede on the compliance orders on the buildings footings. He felt that if the City would not concede on any of the major compliance orders, then, in his opinion, the building was basically condemned. Commissioner Larson asked if Mr. Cadwallader had secured any structural engineer to review the situation regarding the footings. Mr. CadwaHader stated he has not and will not have an PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JANUARY 4, 1994 PAGE 5 engineer review the footings if the City is going to require him to bring thc building into compliance with current codes. He objected to that requirement and stated that if the City is going to condemn his property, then he would deal with that. Council Rcpresentatlve Peterson stated that, if Mr. Cadwalladcr was going to do absolutely nothing to the building to correct the violations, condemnation could result. If he is unwilling to work with the City, there is no point in continuing any discussion. Commissioner Larson stated that Mr. Cadwallader did not seem to want to resolve any of the problems and only wanted to argue about each issue. He did not feel Mr. Cadwalladcr was interested in reaching a resolve. He stated that Mr. Cadwallader should be concerned, first of all, with the footings. If the footings are in need of major repair, that would determine if it is economically feasible to proceed with any other repairs. It is up to Mr. Cadwallader to determine how much money he wants to dedicate to the repairs. Discussion followed on the merits of outside inspections pertaining to the various violations, perhaps utilizing State of Minnesota inspectors. Motion by Peterson, seconded by Larson, to deny the appeal of code compliance requirements for 4655 N.E. 5th Street. Roll Call: All Ayes. Motion by Larson, seconded by Fowler, to adjourn the meeting at 8:30 p.m. Roll Call: All Ayes. Kathryn Pepin Secretary to the Planning and Zoning Commission kp PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES' OCTOBER 5, 1993 PAGE 4 unit building. He informed the Commission that Evelyn Nygaard had also inspected the property and found the structure to be non-conforming both by Zoning and Building standards. Thc plumbing, heating and electrical systems were found to be substandard and also non- conforming. Environmental hazards of lead-based paint also exist on the property. Lowell DeMars, of the Fire Department, explained that this property had always been inspected, on a yearly basis, for compliance with the Fire Codes only until the Housing Maintenance Ordinance was passed in 1989. After 1989, the building was inspected for housing code violations under the Housing Maintenance Ordinance. The orders Mr. Cadwallader was addressing were from thc first inspection. Mr. Paul Weingarden, representing Mr. Cadwallader, expressed concern regarding thc compliance orders initially issued by the Fire Department as he felt some of the orders were for items not addressed in the Housing Maintenance Ordinance. He questioned thc source of such violations. Hc also felt thc list of building and zoning violations issues by Evelyn Nygaard were for items that have been in occurrence many years. Hc could not understand how the City could require a full upgrade of a building, including frost footings. Mr. Cadwallader stated that the property had been in existince since the 1950's. Prior to his purchase of the property in 1984, he stated he had contacted the City. He was informed the property was non-conforming and that it could stay in operation as a tri-plex. Mr. Cadwallader addressed some of the items on the list of corrections he felt were outrageous such as frost footings, replacement of thc furnace and new plumbing. Commissioner Petcrson asked the Building Inspector to clarify the items. Evelyn Nygaard referred to her letter dated June ?, 1993 in which she outlined and described the problems she observed during an inspection of 4655 N.E. Sth Street. She stated that, as a building ages, it needs to be maintained and upgraded, not to continue as is and allow to deteriorate. She also stated that, just because something was done wrong at one time, such as the building not having frost footings, she, as a building inspector, is obligated to have the problem corrected. She indicated that she researched the building code back to 1952, as she felt the property was possibly converted in the SO's, to see if frost footings were required and found that they were required. She indicated that no building permits were obtained for the conversion nor have any permits ever been obtained for alterations, repairs or upgrades of the plumbing, heating or electrical systems in the building. Mr. Weingarden stated that Mr. Cadwallader would be willing to repair the minor items on the list. However, he did not feel thc major items could be required as they were not explained or called out in thc Housing Maintenance Ordinance. If not called out in thc Housing Maintenance Ordinance and the item was in working order, it would not be replaced. Commissioner Larson stated that the Housing Maintenance Ordinance also encompassed thc Uniform Building Code, the State Building Code, the NFPA, the Plumbing and Mechanical Codes, the Electrical Coda and the Housing Coda. Hc asked Mr. Cadwallader and Mr. Weingarden if they made any attempt to meet with the Fire and Building Departments to review thc items addressed. He stated that, if the work was originally done incorrectly and it was inspected over the years, it does not mean that, because it wasn*t called to someone's attention, it isn't wrong. When an inspector finds something not in compliance with any code, maybe years after the fact, and that item is cited, you are required to correct it. The City has given a time frame in which to complete the items identified. Staff can tell you where to find items in thc code books pertaining to the violations. It is then up to you to look at what the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES' OCTOBER 5, 1993 PAGE 5 code says related to the specific issues. He suggested they meet with the Inspectors and come up with an agreement on both sides regarding compliance. Council Representative Peterson a~ked Mr. Cadwallader and Mr. Weingarden to be realistic in the fact that buying a non-conforming building and operating it for twelve to fourteen years deterioration will occur such as a furnace rusting out. Just because it is "grandfathered-in" doesn't mean things that are wrong should not be corrected or repaired. He stated that the idea of the Housing Maintenance Ordinance was to upgrade the City's housing stock so it is at least liveable. He indicated the City is trying to turn the community around by bringing property to a better level of quality. Laurie Rogers of 4656 N.E. 5th Street felt Mr. Cadwalladers building was an eyesore in thc area and very unappealing as the grass would not be cut, there never seemed to be enough parking and an old car has been parked on the property for quite some time. She indicated that Mr. Cadwallader has some problem tenants that cause continued disruption and noise and warrant Police calls. She felt Mr. CadwaHader should take more responsibility for his tenants as well as his property. As a property owner, she felt he should invest in his property just as the rest of the homeowners in the area. Brenda Austin of 4655 N.E. 5th Street, one of Mr. Cadwallader's tenants, was in attendance to find out if thc building would be shut down and they would need to move. Mr. DoMars stated that the building was not at that point yet. Commissioner Peterson felt that, if an attempt is made to correct the items, it probably would be allowed to operate. Motion by Larson, seconded by Fowler, to table the appeal to allow Mr. Cadwallader to meet with Staff to define and clarify the items in violation and determine what will be done to resolve the problems. Roll Call: All Ayes. STAFF REPORTS: A. Ordinance d~1269 was tabled at the last meeting to allow for more discussion. More questions arose regarding allowed height of a detached garage, given the increasing need for larger openings to accomodate trucks and vans. Also, the new housing designs show higher and greater sloped roofs. However, to increase the height limitation could then allow an additional room above a garage that could be inadvertantly used as living space or a home occupation which would not conform to current ordinances and create further problems. Commissioner Larson suggested Staff obtain the requirements from other cities pertaining to accessory structures. He felt the City should consider the future in updating ordinances to allow for future new designs. Motion by Larson, seconded by Fowler, to table Ordinance d~1269 for further discussion. Roll Call: All Ayes. B. Ordinance ~1278, amending the Zoning Ordinance pertaining to lotsplits, was discussed by the Commission members. It was pointed out that this amendment would eliminate the automatic variance of ten (10) feet on the lot width. Lots now would have to conform to the width required in that zoning district. However, it was added that a variance PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES NOVEMBER 17, 1993 PAGE 2 The manager of the K-Mart store, Mr. Radtke, has submitted a letter granting Mr. Stone permission to operate thc sales lot on K-Mart property. Motion by Peterson, seconded by Szurek, to recommend to the City Council the approval of thc Conditional Use Permit allowing the operation of the Christmas tree sales lot at 4747 Central Avenue from November 26 through December 24, 1993 provided the required license is obtained, all requirements of the License Ordinance are met and a $200 clean-up deposit is submitted prior to any use of the site. Roll Call: AH Ayes. *THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF NOVEMBER 22, 1993. OLD BUSINESS: Public Hearing Appeal of Administrative Denial Case d~9310-33 C.H. Properties 4655 N.E. 5th Street Columbia Heights, Mn. Evelyn Nygaard informed the Commission that Mr. Cadwallader had requested, through the City Manager, that his case be continued until the January 1994 meeting. Motion by Larson, seconded by Peterson, to continue the appeal request of Mr. Cadwallader of C.H. Properties until the January 4, 1994 Planning and Zoning Commission meeting. Roll Call: All Ayes. Public Hearing Lotsplit Case ~9310-35 Helen and Joseph Gallus 4025 Stinson Blvd. Columbia Heights, Mn. Evelyn Nygaard presented the request of Mr. and Mrs. Gallus for a split of their lot located at 4025 Stinson Boulevard legally described as Lot 16, Block 1, Silver Lake Addition. She explained that, earlier this year, Mr. and Mrs. Gallus requested lotsplit approval of their property. At that time, the Ordinance allowed for a ten foot variance to the minimum lot size requirements. That lotsplit request was reviewed and recommended to the City Council for approval contingent upon utility and drainage information being presented. The Gallus's failure to provide the required information and appear at the following City Council-meeting resulted in the City Council denying the lotsplit request. She further explained that the GaHus's filed a second lotsplit request on September 20, 1993 to appear on the October 5, 1993 Planning and Zoning Commission agenda. That request was tabled until the November meeting at the request of the GaHus's. In the meantime, the City Council reviewed two new ordinances pertaining to lotsplits. They dealt with the measurement of lot width and the minimum lot size required for a lotsplic She informed the Commission that the new ordinance would prohibit a lotsplit on the Gallus property as the lots would not meet the minimum lot size requirement~ The new ordinances had their first reading on September 26 and the second reading on October 11, 1993 at which time the ordinances were adopted. They went into effect on November 11, 1993. The regularly scheduled Planning and Zoning Commission meeting of November 2, 1993 was rescheduled until November 16 as there would not be a quorum of Commission members available November 2 to conduct a meeting. Minnesota Department of Health Division of Environmental Health 92,5 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 (612) 627-5100 March 1, 1994 Ms. Evelyn Nygaard, Building Official City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, Minnesota $5491 Dear Ms. Nygaard: Subject: Plumbing for Jake Cadwallader Residence, 4655 Fifth Street, Columbia Heiqhts, Anoka County, Minnesota The Minnesota Plumbing Code was founded upon certain basic principles of environmental sanitation and safety through proper design and acceptable methods. Some of the details of plumbing construction may vary, but the basic sanitary and safety principles are to protect the health of the people. A representative of the Minnesota Department of Health, Plumbing Unit, made an inspection on the above-named project on January 31, 1994. The following items are in violation of the Minnesota Plumbing Code. BASEMENT 1. No water distribution line under ~-inch may be concealed (see Minn. Rules, p. 4715.1730, subp. 1). g. Verify that under conditions of peak demand a minimum flow pressure at the point of discharge shall not be less than the required minimum flow pressure and flow rates on the potable water distribution lines (see Minn. Rules, p. 4715.1770, subp. I and subp. g). 3. Individual shut-offs are required on all fixtures to permit the water supply to be shut off to the fixture without interference with the water supply to any other room or portion of the building (see Minn. Rules, p. 4715.1800, subp. 6). 4. The shower drain is not vented according to code (see Minn. Rules, p. 4715.1300, subp. 4 and p. 4715.0920). $. Hangers are required at 3g-inch intervals when using PVC plastic in the horizontal position for drainage (see Minn. Rules, p. 4715.1430, subp. 4F). 6. The water closet for the front unit is not vented according to code (see Minn. Rules, p. 4715.0920). 7. The copper fittings used to receive drainage from the shower and the kitchen sink are not approved for this usage (see Minn. Rules, p. 4715.0580 0). 8. The short pattern tee used to receive the kitchen sink waste is not approved for this usage (see Minn. Rules, p. 4715.2410, and p. 4715.0580 0). 9. A full size cleanout is required at or nor' the base of the g-inch stack by the shower (see Minn. Rules, p. 4715.1000). 10. The shower in the front unit is not vented according to code (see Minn. Rules, p. 4715.2540, subp. g). An Equal Opportunity Employer Ms. Evelyn Nygaard Jake Cadwallader Residence -2- March 1, 1994 11. The relief valve discharge must be piped full size and run to within 18 inches of the floor or a safe place of disposal (see Minn. Rules, p. 4715.2210, subp. 4). 1. The ballcock installed in the water closet tank is not code approved (see Minn. Rules, p. 4715.2150, subp. 2). FRONT UNIT 1. The ballcock installed in the water closet tank is not installed according to code (see Minn. Rules, p. 4715.2150, subp. 2). 1. The trap on the lavatory shall not be made up with fittings (see Minn. Rules, p. 4715.0960). 2. The overflow for the bathtub is not code approved. Standing water in the fixture must not rise in the overflow when the stopper is closed, nor shall any water remain in the overflow when the fixture is empty (see Minn. Rules, p. 4715.]220, subp. 3). 3. An access panel is required to make the slip joint connections accessible for inspection and repair on the bathtub waste and overflow (see Minn. Rules, p. 4715.1220 and p. 4715.0940). Sincerely, ~ Gary V. Topp Plumbing Standards Representative Engineering Unit GVT:crp CITY COUNCIL LETI'ER Meeting of: 3/14/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: M. Winson d~~'''} BY'__~-x.:~...~t._~ ~ '~ I '~ NO. FOR 1994 MISCELLANEOUS DATE: 3,r//94-- oATE~%--.,~ The City has a program each year to replace miscellaneous concrete structures such as curb and gutter, sidewalk and slxeet. The concrete replacement is either budgeted for, required as part of a project such as curb and gutter replacement in M.S.A.S. overlay areas, or as repairs of d~unaged concrete caused by watermain breaks. RECOMMENDED MOTION: Move to authorize staff to seek sealed bids for 1993 Miscellaneous Concrete Replacement and Installation Project. MAW:jb 94-136 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' March 14, 1994 AGENDA SECTION: New Business NO. 9 ITEM: Authorization for training ORIGINATING iDEPARTMENT POLICE BY: David P. Mawhorter DATE: March l, 1994 CITY MANAGER APPROVAL: BY: DATE:~~ Authorization is requested to send Officer Patrick Nelson of the Police Department to the Firearms Instructor Course presented at the Law Enforcement Training Facility, Maple Grove, Minnesota from April 25-29, 1994. The purpose of this training is to train officers to be qualified firearms instructors, so as to maintain a department roster of four firearms instructors. The cost of the training !is $385 (early registration received by 4-1-94 or $395 after 4-1-94). RECOMMENDED MOTION: "Move to authorize: police officer Patrick Nelson to attend Firearms Instructor Course sponsored by Maple: Grove Law Enforcement Training Center, to be held in Maple Grove, Minnesota from April 25 to April 29, 1994, and the tuition cost of $385 to come from the Police Depan:ment training budget, 101-42100- 3105." DPM:mld 94-076 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS AUTHOPlTATION REQUEST FOR CONFERENCES, WORKSHOPS, SCHOOLS AND SEMINARS I This completed form must be presented to the City Manager by the Monday preceding the regular Council I II Meeting fo~ approval of attendance. ' ' ' 1 DATE OF REOUEST: March 2, 1994 NAME OF ACTIVITY: ESTIMATED COST: BUDGETED FOR: FIREARMS INSTRUCTOR COURSE $385 x YF3 NO ACCOUNT ~. 101-42100-3105 SUFFICIENT FUNDS REMAINING: x YES NO NAME OF INDIVIDUALS ATTENDING: Officer Pat Nelson WHEN: April 25 to 29, 1994 ~~ Maple Grove Law Enforcement Trainin8 F~cilit¥ PURPOSE OF EVENT: The course is designed to train officers to be qualified firearms instructors. The training includes firearms safety, basic shooting skills, lesson plan development and presentation, range procedures, coaching techniques and use of force training. HOW WILL THIS ACTIVITY HELP YOU AND/OR YOUR DEPARTMENT? This course will prepare Officer Nelson to be a firearms instructor for the department. PLEASE ATTACH ANY BROCHURES OR INFORMATION RELATED TO ~ EVENT. SIGNATURES: DEPARTMENT IIEAD. DATE DATE DATE DATE Upon approval by the City Manager, or City Council (if applicable), a copy of this form will be submitted to the Finance Department and appropriate Division Head. This form is not a resistrntion form or n request for pre- registration monies. 07/14/92 NAME: TRAVi:~-I- ADVANCE REOUEST NAME AND LOCATION OF EVENT; DATE: FROM TO AMOUNT OF ADVANCE TRANSPORTATION MEALS, LODGING AND INCIDENTALS REGISTRATION FEE OTHER - SPECIFY $ TOTAL ADVANCE ACCOUNT CODE: CITY MANAGER'S APPROVAL: DATE: If any item is to be paid directly by the City, write 'direct" in blah? and do not include an amount in 'Total Advance". IN SIGNING BELOW, I 1) Acknowledge the above requested amount is an advance payment for travel and attendance at the above stated function. 2) Agree to submit within five working days from the date of my return t travel expense report itemizing authorized expenditures and agree to refund to the City of Columbia Heights that portion of the advance not expended. Date Signature of Recipient 071492 INSTRUCTORS Dan, Barnier Ed Bova Dick Holden George ivloore Wade Setter Leroy Trandom Maple Grove Police New Brighton Police Brooklyn Park Police Brooklyn Park Police Brooklyn Park Police Golden Valley Police CITY COUNCIL LETTER Meeting of: March 14, 1994 AGENDA SECTION: New Business NO. 9 ITEM: Request to trade surplus NO. weapons for new weapons ORIGINATING DEPARTMENT POLICE BY: David P. Mawhorter DATE: March .3, 1994 CITY MANAGER APPROVAL: BY: · ' The Police Department currently has 21 pistols of various makes, models, and calibers, and 25 rifles and shotguns. Of these weapons, some are owned by the department and some are in our permanent control due to various police actions. None of these weapons are of any use to the department, but all are fit for other uses. The department is in need of some weapons of the types, used by patrol officers and is in need of a 9 mm carbine for tactical police operations. The department invited bids from three vendors for the trade of our surplus weapons as listed on the attached inventory sheet for three pistols and one carbine. Uniforms Unlimited, Streicher's Professional Police Equipment, and Enforcement Products Co., Inc. were invited to bid. Streicher's was the only company to bid, with their bid representing a $2,905.00 value. RECOMMENDED MOTION: "Move to authorize the City to engage with Streicher's Professional Police Equipment to trade the surplus weapons we have for one Glock Model 17 9 mm pistol with three magazines, one Glock model 19 9 mm pistol with three magazines, one Beretta model 92 9 mm pistol with three magazines and one 9 mm Heckler and Koch model HK MP5 9 mm automatic carbine with two magazines, and that this trade will be an even exchange." DPM:mld 94-078 Attachment COUNCIL ACTION: POLICE DEPARTMENT CITY OF COLUMBIA HEIGHTS JOSEPH S. STURDEVANT, SR. Mayor 559 Mill Street Northeast Columbia Heighls, MN 55421-3882 Information (612) 782-2840 Investigations 782-2850 Fax Number 782-2842 DAVID P. MAWt Chief of Pnlico 782-2845 January 27, 1994 Greetings: The Columbia Heights Police Department will be accepting offers toward the trade/conversion of firearms and accessories currently held in its inventory. See attached lists. The Department wishes to acquire in trade/conversion for their property the following items: Glock Model 17 semi-automatic pistols 9mm, fixed sights, 5 pound trigger pull New, current production model Glock Model 19 semi-automatic pistols 9mm, 5 pound trigger pull New, current production model Spare magazines and accessories for Glock Models 17 and 19 9mm pistols (orange safety color) Dealers interested should make arrangements to inspect items offered by the Depariment by contacting Sergeant Robert Jendro, telephone 782-2853, prior to February 17, 1994. Offers will be accepted.until 1700 hours on February 28, 1994. A minimum bid of $3,000 figured at Department price: for Glock items is necessary for consideration. The Columbia Heights Police Department reserves the right to cancel any or all bids at any time in this matter. Ail bids will be for all items listed in this matter. There will be no bids taken for selected items. We look forward to your participation. Sincerely, David P. Mawhorter Chief of Police: POUCE DEPARTMENT CIYY OF COLUMBIA HEIGHTS JOSEPH S. STURDEVANT, SR. Mayor 559 Mill Street Norlheasl Columbia Heights, MN 5542'1-3882 Information (612) 782-2840 Investigations 7R22RB0 .Fax Number 782-2R42 DAVID P. M^WI IOHT FFI Chief of Poller, 782-28,15 January 27, 1994 Greetings: The Columbia Heights Police Department will be accepting offers toward the trade/conversion of firearms and accessories currently held in its inventory. See attached lists. The Department wishes to acquire in trade/conversion for their property the following items: Glock Model 17 semi-automatic pistol( "~ ~ ~J 9mm, fixed sights, 5 pound trigS, '.~ull\ \ ) J J New, current production model) ~i ~r~~~ Glock Model 19 semi-automatic pistols~ \ / J J 9mm, 5 poundx~rigger pull ~ / ~ .' New, current pr~?on model //~ ~ Spare magazines an~ce~es for ~k~odels 17 and 19 9mm pistols (orange safety ~1~ // Deale~ interested should make arra~tgrem~rfts to inspect items offered by the Department by contacting Sergeant Robert Jendro,/~lep~ne 782-2853, prior to February 17, 1994. Offers will be accepted until 1700 hours on Februhry 28, 1994. A minimum bid of $3,0(X) figured at Department price tbr Glock items is necessary for consideration. The Columbia Heights Police Department reserves the right to cancel any or all bids at any time in this matter. All bids will be for all items listed in this matter. There will be no bids taken for selected items. We look forward to your participation. Sincerely, . ../,; .2 ,,; I//J 2 David P. Mawhoner I~":" ' '*""" Chief of Police COL~IMBtA ltE!t;H:' POLICE DEPART~ 1.1_1 PAT MoIEN" '~ VICE PRF.~IOENi': 1~11 WEST H~. 65, M~8~ MN ~1 (e12) ~11~ ~ S~ ~d ~ MILW~ ~ ~.h. -~-: (414) ~1~1M 92ND STREET '"' ~ ~"~' "' ~OX 27344 MINNEAPOLIS, MN 55441 MILWAUKEE, WI 53227 (612) 546-1155 (414) 541-4164 Q-- 27733 TOLL FREE ORDERS: 1-800-367-3763 National 1-800-541-4164 Wisconsin YOUR INQUIRY: QUOTE VALID FOR_ /*=--~ DAYS FROM AROVE r)^IF WE SUBMIT THE FOLLOWING QUOTATION SUBJECT TO CONDITIONS NOTED BELOW TERMS F.O.B. ES~MATED SHIPPIN~ DATE S~LESPERSON ' Cnndilinns- The pricr, s and terms on this quotation are net subject In verbal change~ or olher a(.Imemenl.'~ unless approved in wdllng by Tho Itomo Office r,f All quotaliorls and agreements are contingent upon slrikes, accid~-,nls, fires, av,~ilahility nl rnalPrials and all olher causes beyond our conlrol PHrch,3~.n~ ;]~1~.~,~. accepl eilher overage or shortage, nol in excess of Ion percent In be charged far pro.rnla P~rchaser assumes liability for pnlonl and copyHghl inldn(jem~-~! goods are made IQ Purchaser's specifications. When quolation specifies male, rial Io he furnished hy the Purchaser, ample allowance must be made f~r spoilage and material masl be of suitable quality Io facilitale efficient prodaclion. Conditions nol specifically slated herein shall be governed by eslablished Irade customs. Terms inconslslenl wilh those slaled herein which may appear on PHrcha~,c,r'~ Iormal order will nol be binding on the Seller. SPECIAL CONDITIONS TO CONFIRM ORDER, SIGN AND RETURN PINK ACCEPTANCE COPY. By ORIGINAl._ COPY ORIGINAL QUOTATION STBE!CHER'S SINCE 1953 Professional Police Equipment Distributors 10911 WEST HIGHWAY 55 3050 SOUTH g2ND STREET P.O. BOX 41398 [] P.O. BOX 27344 MINNEAPOLIS, MN 55441 MILWAUKEE, WI 53227 (612) 546-1155 (414) 541-4164 Q-- 2773O TOLL FREE ORDERS: 1-800-367-3763 National 1-800-541_4164 Wisconsin QUOTAT,O. DA~E: ~' /'~,~:'.~ i":.'.:',, ~ L_. YOUR INQUIRY: ' QUOTE VALID FOR '//~ DAYS FROM ABOVE DATF ,~"&:~ ,"~O,~:z<.z-,~-~:-zc.'z.)/';."<'.. WE SUBMIT THE FOLLOWING QUOTATION sUBJECT TO C, ONDITIONS NOTED BELOW: / , /:'V"- /:' ,~_: '777~? '~ :, ' ' ' '" x'/., ( I , ,"-J ' ,' .;,: r '~'~ . · ,,., .,,., , ,. , ~-'zz-7 / - ,,,,._)~.,. z~::.,. / ~ -~/~_-~( l'-.- ~" / (, ?_-p -- Z.C.'z rT-/ ~q_. /.::// .(.::? ?_/ ,.~ ..,,:~ /'7(..'~ ~._ /4,:_., zz"', :z_m ,, z'-~f /~' ::../. ,z~,,~,.~.,_.,,~_ dx.,-:-,. ~ //~-:,-"_t:,ZEz'4_ ./. '<.~tt ~-:",-., z?':,..,, /.Z?/4 ,-- .,z,...., "/d__./~ "t," ,'" ~:' /-' ~:; /~.. 'z i.%7-- dP/---'- f~:._.,.,x ~-' (z.:/tx.-"// ,'Z ..:/...~._ ~_~ ',,'7'/:-__.~x,~ Z_/'z:.:_.~ ..- ./_.~., :.,', 7' - SALESPERSON .:: " f'tL.?~_'- z:' ~ ,"-) Condilion,~: lh~ prices and lerms on Ibis quolalinn are nol sllbjecl Io verbal chan~es er ~lher ,lgr~err~t,l~ s lafless appro~d itl writing h¥ The tfoma Office ol Iht. ^11 quolalion~ and agreemenls are conlingenl upon slrikes, acciden s. fire~, a~ailat~ilily ol ~'mllerial,~ .~nd all olher call,es beyond our conlrol. ~urchaser accept eilher ova, rage or shortage, nol in excess ol fen percenl to be charged for pro tala P~rchasr, r assumes liabilily for palenl and copyright nfringmtt~m ~.h,,. goods arr~ made Io Purchaser's specificalions. When qL~olalion specilies malarial In hp f rn shed hy "he PIJrchasor ample allowance m~lsl be made for spoilage anti mat~rial musl be of suilable qualify Io facililale eflicienl prodlmlion. · Conditions nol specificall~ slaled herein shall be governed by eslablished trade cuslom.~. Terms inconsi~lenl with Ihose slaled herein which may appear on PrJrcha~,r'~ formal order will nol be binding on lhe Seller. SPECIAL TERMS TO (:ONFIRM ORDER, SIGN AND RETURN PINK ACCEPTANCE COPY. By ORIGINAL COPY ORIGINAL QU~ o Z > Z < CITY COUNCIL LETI'ER MEETING OF: MARCH 14, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 FINANCE APPROVAL ITEM: EXTENSION OF LEASE FOR TOP BY: WILLIAM ELRITE BY/~'"~ ~ VALU LIQUOR AT 4340~ -' CENTRAL AVENUE DATE: MARCH 4, 1994 NO.: q, ~, The current lease for the liquor store at 4340 Central Avenue expires on December 31, 1994. For the past two years, Phil Suckerman has been negotiating with Kraus-Anderson Realty Company for a renewal or extension of this lease. In the beginning, Kraus-Anderson started out with a significant increase in rent and several added conditions to the lease. The major condition was a provision that would allow them upon notice at their discretion to move us to the Walgreen's location. This would allow Kraus-Anderson to have contiguous leasable space in the center of the shopping complex, rather than having a center vacancy and a possible vacancy of the Walgreens space when their lease expires. Kraus-Anderson has now dropped all of these conditions and the increase in the rent. The proposed five-year extension is at the current rental rate with no added conditions. Staff has verbally agreed with Kraus-Anderson that if the Walgreens space becomes vacant and if it is Kraus-Anderson's desire to move us to that location, that we would be open to negotiations at that time. However, this appears highly improbable as it appears Kraus-Anderson is very close to signing a lease for the vacant Comb area. If is staff's recommendation that we enter into the attached amendment to the lease to extend the lease for an additional five-year term at the current rental rate of $7,398.75 per month. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease amendment with Kraus-Anderson to extend the lease at 4340 Central Avenue N.E. for a five-year term commencing January 1, 1995, and ending December 31, 1999, at a monthly rental rate of $7,398.75. WE:dn 9403054 COUNCIL ACTION: LEASE AMENDMENT THIS LEASE AMENDMENT, made and entered into this day of , 1994 by and between Kr&us-~nderson, Incorpor&ted, a Minnesota corporation (hereinafter called "Landlord"); and Cit~ of Colu~bim Heights (hereinafter called "Tenant"); WITNESSETH THAT: WHEREAS, Landlord is leasing to Tenant and Tenant leasing from Landlord certain premises commonly knownas 4340 Central Avenue N. E., Columbia Heights, Minnesota, and located in the Central Valu Shopping Center (the "Leased Premises"), pursuant to writtenLease Agreement dated September 13, 1984, as extended by letters dated March 22, 1989 and May 14, 1991, hereinafter collectively referred to as (the "Lease"); WHEREAS, the parties hereto desire to amend the Lease: NOW THEREFORE, in consideration of mutual agreements contained herein, it is hereby agreed to amend the Lease as follows: ~rtic~e 1. Section 2 - Term: The term of the Lease is hereby extended for a further term of five (5) years commencing January 1, 1995 and ending December 31, 1999 (The "Third Extension Term") 2. Article 3 - Section 1, M~nimum Rent: The Minimum Rent during the Third Extension Term shall be $88,785.00 annually, payable in monthly installments of $7,398.75. 3. Except as herein specifically modified and amended, the Lease shall remain in full force and effect and unaltered hereby. IN WITNESS WHEREOF, the parties hereto have caused thisLease Amendment to be executed the day and year first above written. KRAUS-ANDERSON, INC. THE CITY OF COLUMBIA HEIGHTS By: Burton F. Dahlberg Its: president By: Its: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Edward bi. Carlson Councilmembers Scan T. Cletkin Bruce G. Nawrockl Gar)' L. Peterson Robert W. Ruettimann May 14, 1991 Mr. Charles E. Gravelle Kraus-Anderson Realty Company 523 South Eighth Street Minneapolis, MN 55404-1078 Re: Shopping Center Lease Agreement Central Valu Center Columbia Heights, Anoka, MN Dear Mr. Gravel]e: Please be advised that we have elected to exercise the three-year renewal option on above mentioned lease which expires on December 31, 1991. We would appreciate your confirming the receipt of this notice. Thank you for your attention of the above. Stuart Anderson Acting City Manager SA:soh 9105091 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER t- ~ ~, ¢,,,- O ~. a., KRAUS-ANDERSON REALTY COMPANY DEVELOPMENT · LEASING · MANAGEMENT C April 6, 1989 Mr. Robert S. Bocwinski City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Mr. Bocwinski: I am in receipt of your letter electing to exercise a two year option at the end of your current lease term, December 31, 1989. Per the terms of your lease this notice is hereby received within the time frame allotted in order to exercise said two-year option. We at Kraus-Anderson are pleased that you have chosen to exercise your option and look forward to continuing our relationship with you. Please feel free to call if any questions arise. Thank you. Sincerely, KRAUS-ANDERSON REALTY COMPANY Charles E. Gravelle Property Manager CEG:rjb ~EASE A GREEMENq' ':.RAUS-ANL,Efi:SON TABLE OF CONTENTS ARTICLE 2 3 4 7 8 I0 II 12 13 16 17 18 19 20 21 22 24 25 26 DESCRIPTION PAGE Premises and Term ................................................................... I Preparation of Leased Premises ......................................................... I 2 Minimum Renl ...................................................................... Percentage Rent ............................. ........................................ 2 Sales Reports ........................................................................ 4 Common Areas and Common Area Expenditures .......................................... 4 Use ................................................................................ 5 Utilities ............................................................................. 6 Taxes .............................................................................. 6 Repairs ............................................................................. 6 Installations. Alterations and Signs ...................................................... 7 Indemnity ........................................................................... 7 8 Insurance ........................................................................... Fire or Other Casualty ................................................................ 9 Eminent Domain ..................................................................... 9 Assignment and Subletting ............................................................. 9 Access to Premises ...: ............................................................... 10 Remedies ........................................................................... 10 .11 Surrender of Possession .............................................................. Subordination ....................................................................... 12 Notices ............................................................................. 12 Consents ............................................................................ 12 Merchants' Association ................................................................. 12 Offset Statement ..................................................................... 13 Title ............................................................. ; ................. 1.3 General ............................................................................. 13 Signatures .......................................................................... 15 EXIIIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Shopping Center Site Plan Shopping C'cnter Legal Description Plans and SpeCifications Additional Provisions Sign Criteria KRAUS-ANDERSON SHOPPING CENTER LEASE AGREEMENT THIS LEASE. made this called 'LANDLORD'. and day of 19 --. by and between Kraus-Anderson at 523 South Eighth .Street. Minneapoh, Minnesota 55404. sometimes hereinafter c'.i ,,-y ~: C'r-,] ,lmh~ := 14~ gh'l'~ . hereinafter called "TENANT" PREMISES AND TERM: ARTICLE ! Section I LANDLORD hereby leases to TENANT. and TENANT hereby leases from LANDLORD. the ~tore unit shown outlined in red on Exhibit A. attached hereto and made a part hereof- (The premises outlined in red are hereafter called the "leased premises~ and contain approximately llf 6.50 square feet.} Said store unil is situated in Columbia Heiqhts . County of Anok. a and State of Minnesota located in the Central Valu Center Shopping Center. which shopping center is located on land legally described in Exhibil B tttacbed hereto and made a part hereof. Thc shopping center name is subject to change by LANDLORD. Section 2. To Have And To Hold the leased premises unlo TENANT for a term of five (.5} years commencing on the day of 19 ~. and ending on the day ol . unless sooner terminated as hereinafter provided. terminate upon in tha off-sale Section .'t. Thc blanks with respect to the commencement and terminate dates of this lease have been left blanl Thc blank with respect to the commencement of the term shall be completed with a date ~ days after LANDLORD ,ssues a Certificate of Substantial Completion ol LANDLORD's work in thc leased premises {~vhich date shall be not late~ than ]qoxr~rnh~ar 'l ~ 19 84 h or on thc date on which TENANT actually opens for business, whichever ~s earlier. The last day of thc term of this lease shall be a date )'ears after the first day ol the firsl full calendar month included in the lease term. This :Lease shall also passage of a measure at referendum that would disqualify TENANT from continuing liquor business. In thc event a dispute occurs as to whether or not the leased prcmiscs,?r~l~tubr~ta,~t,~l,ly compleled on thc date so designated b) LANDLORD c. cc::k~cc.:: c.." LANDLORD's architcct/t~a~hc'~A~{)- LORD', work .in the leased premises was .;ubslantially completed on said date in accordance with the plans and . specifications. Should TENANT disagree with LANDLORD's architect,TENANT may select a neutral architect at its cost and expense who shall consult with LANDLORD's architect and who shall make a bindin~ determination upon the ~arties. Section ,L TENANT shall~ as soon as possible aftc~,r.~:~cc ,";c~;r., L.',,":DLO?,~ p. roceed to get thc leased premises · suDs=an=.%a& comp-e=lOn . ~ . ready for occupancy so that the leased premises arc ready to open tor t}us,ness-m the shopping center, uccupancy o~ the leased premises for such purpose shall be rent free. bul otherwise subject to all the terms and conditions of this lease. Without limiting the foregoing. TENANT agrees that before entering the leased premises. TENANT will procure all insurancc required ol ,t by thi., lease and in addition wdl deliver to LANDLORD satisfactory proof that all worker,~ of TENANT or any of TENANT's contractors or subcontractors entering upon the leased premises are properl_v covered by worker s compensation insurance PREPARATION OF LEASED PREMISES: ARTICLE 2 Section I Thi,, lease contemplates construction of the shopping center of which the leased premises are a part. LANDLORD shall al u,. sole cost and expense construct TENANT's premises according to and to the extent provided in the spccificat,ons attached hereto and made a part hereof as Exhibil C. TENANT shall be responsible for construction of the leased premises beyond the LANDLORD's obligations set forth in said Exhibit C pursuant to plans approved b~ LANI)LORD The detailed plans and specifications for the leased premises shall conform with the specifications contained in ,.aid Exhibit C. General plans and specifications shall be approved by TENANT to the extent of matte~,; not covered by the terms o{ said Exhibit Col to the extent incons,slent therewith· Such approval will be required only as to general plans and specifications and not as to working drawing.,~ or'papers An*,' plans which shall require TENANT's approval shall be submitte, d to,,"I'_~NANT- In thc event TENANT has not indicated its disapproval of an~' ,.ach plans and specifications within~'~ days~i"UJ) after submission of the same to it. such approval shall be deemed IO have been given and LANDLORD may proceed with thc work contemplaled by such plans and specifications. To thc extent thc plans and specifications conform to Exhibit C hereof, no approval by TENANT shall be required. --I- MINIMUM RENT: Section 2. The proposed location of the leased premises in the building of which Ihe leased premises form a part is designated on the site plan attached marked Exhibit A. location of the building in the shopping center, shall be subJeCt to such changes as LAND__ct finds..t,o be desirable in the work to be done by the LANDLORD. Upon reques~es, ag. re.e .to mo.difv the site plan as shown on Exhibit A to the extent that t~~r. ablc- a?d]?° changes in the 'LANDLORD's Work"'so ~ease.. %hangcs in. the plans that may be appropriat~_g..._c.0_n_str_u_c,' lion may be v such chan not alter the general appearance, relative location or aggregate amount of floor space of the leased November 1, 1984. Section .3. LANDLORD contemplates completion of the leased premises on or before In the event the LANDLORD is unable to complete construction and deliver possession of the leased premises to the TENANT on the contemplated commencement date. for any reason whatsoever, the LANDLORD shall not be liable 'to the TENANT for any damages whatsoever and this lease shall remain in full force and effect~l~a~.ANDI-ORD~all~°ntinue to use its best efforts to complete construction of thc same as soon as reasonably possible. See IgXHZBTT D. ARTICLE 3 Section I. Thc fixed annual minimum rent shall be payable by TENANT in equal monthly installments, on or before thc first day of each month in advance, at thc office of LANDLORD or at such other place dcsign:~lcd h~' LANDLORD b'ithout prior demand therefor. Said fixed annuallluillm~me rent shall be F:i. fty-eiqht Thousand 'i~o Hundred F~fty and No/lO0 PERCENTAGE RENT: Dollars ($5R: ~5~-~ }payable Four ThQ~$and Eight Hundred Fifty-four' and 17/100 DoUars(~ 4,854.17 )per month. I~gr~knt for any partial month at thc ~ginning of the lease term shall ~ equitably prorated, and is payable on thc commencement date of thc lease term. S of thc sum shall be~thc mini .m.um. m _ c ,rs, full month of thc term. If TENANT is not in default this lease. $~ of thc sum shall be Section .3. TENANT waives and disclaims any present or future right to withhold any rent paymcnl or other paymenl duc under this lease, or to set off any obligation of LANDLORD against any such payment, however incurred, and agrees that it will not claim or assert an)' right to so withhold or setoff. Section 4. ,~,, ,,:,;;., ;.,; ............. ,.-; ................ ~ ......................... ,~.- ~ · inlerest [rom the dale due to Ihc dale paid al Ibc rate of eighl~~.h.i~hcsl rate permiucd by lab. whichever is less. In ad~~~R~ ~ $2500 service charge for all monthl~~h '~'~r~_~'ablc' uenl - See ~H~IT D. ARTICLE 4 pay to LANDLORD. for each lease year or pa.ial lease year of thc term hereof a sum any. by which ~ .... ~reent { / ~} of the gross sales, as hereinafter defined, exceeds the annual minimum rent ~~r partial lease year. The per~ntage rent shall be payable annually as hereinafte~~ffi~ of LANDLORD or such other place as LAN DLORD may designate, withou~rc,~ or.._ .... Section 2. Except as ~,~~t spl[ be payable thirty (30)days after the last ~~~s f~r said lease year. The term "le~~ b~at tell. od from the date the term dah HI Il I lliin;lllilll .qectl(m 3. I:he term "gr(,,- ..ill. i- hcreh_~ dcImcd to m(:m s;lles of TENANT and ol .dl liccn~cc~ and lenHlll ol II ~.%~1 h'om ail hu m, , c()nduilCd upon Hr [rom thc Ica~cd prcmisc% ~hcthLi ,ueh hL ¢~idenL'cd b~ ,'h~cl. , rcdil chmg~ act.urn, exchange or olhcr~ise, and shall include, but not h¢ thc amounl, ret. ~cd from Ihe sale ol good% ttarcs and m~rchandisc and for smviccs performed on of .~l leaked prcmi~. IOgclhcr x, ilh Ihe amount ol ..11 orde~ laken o] received at Iht leased prcmisc~ whclhm st filled from Iht leased premise~ or ckc~hcre, and ~thclhcr such sales be made by means of mcrch= or ,cndin~ dcdcc~ in thc lea~cd prem~, and ~hall include all dcposit~ nol refunded to purchas~ Each ~al, installment o] h,r crcdil ~hall he Ileated a~ a ~ale Iol thc lull pri~c in thc year during ~hicl' ~ah i. Illadt irrespccmc of thc lime when TENANT shall rccckc payment therefor. Gros, sales shall include ~alc5 ,,I mcrchandi~c in: ~hich cash ha~ hecu refunded, or allowances made on merchandise cl, Io hc dc[ccHxc o: unsalldaCl~':~, provided thc} ali.ill Ii,ilo been included in grn.~s sales, and there shall he ~,;llc'~ pli~, ,ff mcrchandi~ rCllill,ed h} ctl~l(l111~ i, IHi cxclian~c, pf,~vided thai thc sales h, Iht' lu llm.'l in esi h.ln~l h.dl hc Ilil hldl'd III ~lll., ~;ih'. I~llJ~ ~,lle~ ~h;ill ilol iiii u~e or gr('~.~ r¢ccipl, la~ imposed h~ any federal slate, municipal, or govcrnmcnla mclmh rclnrn~ Io ~hippef~ ,,r manuhiclurcr~ n(,r merchandise Iranslcrrcd oul of h, .ill,ltllct ~lore off ]'LX ~ I ,,~ an alhh itc oi IE~AgT where such cxchan op~lalion or ihe 'rE~,~]', husint ~ and not roi thc purpose or consummalil prenli~c, from gr,,~ ~,'lll lite ,,I nlerch,lmldi~l deli~, i,',l IJii ;llnllllnl ill ,ill~, -Ill- (Jill~,- sales ~JlaJJ prcnli~ ~nd Iran~p~)lled i~ madc ~oJ~ J~ IHi Ill: il)Jill iiii iii a ~ale made in. dj Or from thc leahcd Seclinn 4. l'E\ \NT shall keep in a Incalion. notice in wriling ol whi have been furnished to I.ANI)I ORD ,I pernl;inClll ,It llll,lll -il IJJ' h(~ol~'- an(J rcc,')rd~ in accord with SOL ;iccounlirl.E praclicc.~ ,,I ,ill ~hl.'. -,Il, J,ont hll~illt' ~ HII,JIIt ICa Ill IbC Ica~cd plCiJJl,.~ ~ a~d all ~tlp~i)rli~ ~ccl)r ~ CXClM lax topi,il, ami ~l;IJC ',ih htl lilt and occupation lax and gro~ income lax report,: ar pertinent records ~lll be kepi retained and p~, ~ ~c-d Ior al Ica. I I.m' (4) I~a.a yca~ allc~ Iht cxpiralion each lease year. TENANT ~hall keep and u lain al Ica. I oat I II Ica~c )'e~ dh ~ Iht expiration n[ each Ica~ all original ~alcs records and sales ,lip~ All ~uch record, , hall hc open I,, in~peclion ol LA N DLO R I ) and durin~ ordinar ~ bu~ine~ Imm ~. All rccnrd~ abm po,, ~ded I(, ~hall bc kepi ~o a~ m disclose all informa required lo dclcrmiue ~.~ sale~ as delincd in Section aho, t Section 5. 'Ih,' acceptance b~ the I ANbLOR I .\'~1 ~1 ()Rl i , right h, an e~aminali¢in ol rct~ i,cd bx thl 'I'~.'~A\ I hnnt lite leased pr nlses pa.xmcnl, of percentage rcm shall bc ~uithoul prClndicc to Ill~ books and record,, lo ~crif~, thc amount nj gr(').', sal, Section 6. .\1 it.,. option. I.AND[.OI: nt;iv cause, at an~ reasonable time. upon seventy-two 172) hour,, pti(t~ written i,,lticc i,~ TENA'gT. a compl, audit to be made of TENANT's gros, ,~alcs from thc lea~,ed premise, II ~.uch audil , Ii,ill disclose an of gros., -.ales of five percent ($~,) or more for any annual period. 1 I:'~A,', I -il,ill pl,,inplh p:lx I,, IANI)13 Ill,: cl,~l i,I ,,lill .iliihl iii :ldihlinn h, thc dehciene) and lit ,i,hlitil,n I ANll I,ORIL at I.ANI ~1 ()RI i,; opl may terminate Iht.,; lease upon five (5) day.;' nolicc to TENANT of LA~DLORI)-, ih~llon I,~ d- so. ~ilx mil) ilion oblained b.~ the LANDI.ORD as a rc..,ull of such audit shall be heEl iii ,.Iricl ,,~.nl'idc,~t ,r b.~ I \NI ii OIi in litigation or urbilr:llion between Ihe parties and exccpl Ihut Iht rcs~ill i,I ~t,cli audif max ht (ii., IH,e( any mortgagee or prospective mortgagee ol LANDI.ORD ,,im any purchaser or prospccll~ c pull Ii i',cl diopping ccnli i Sectinn '/. AIIe fir,,t lea..c x,':~r h,i x~hich percentage rent i.~ payable. TENA'VT agree,; lo pu.~ I \NI iI.ORI) ~ith lite mtmtl ,,unimum rent.d p:lymc,n..i,, t .timated percentage rent.,I 12 ol the percentage rent paid h,i thc immcdiat, h' lull lease year. II at th~ end ol an_~ lease year. the tot;d amount of e~,,timalcd percentage rent pa,d by T£',~.X'. cxcci:d,~ thc total amounl of percentage rent required lo be paid by TENANT 'IrEXANT shall rcccix~ ,i credit e/q,~ii .alcnt to ,a,ch cxce~,~ againet thc next payment,~ ol' rent due hereunder. Any excess estimated perccnt:lgt rent:ll/~aid during Ibc 1.14 ye:ir ol th( lease ,, dl he refunded to TENANT a.,, soon as the amount of excess cqimatcd pc~/~nta.~/ rent ,. ,l~cc,tained. II. at the end ol an,, lea,,, sca, the tolal amount of c,,tintatcd pcrccnlagt rent paid b,, ARTICLE ~ALES REPORTS: Section I. On or before the twentieth day of thc calendar month following thc first month included in thc lease term. and on or before thc twentieth da)' of each calendar month thereafter. TENANT shall prepare and deliver to LANDLORD a monthly statement of gross sales for thc prior month. On or before thc date percentage rent is duc pursuant to Section 2 of Article 4 hereof. TENANT shall deliver to LANDLORD a yearly statement of gross sales verified b,~ TENANT. such statement to be delivered whether or not percentage rent is payable. If TENANT shall fail to deliver the Foregoing to LANDLORD. LANDLORD shall have the right thereafter to employ an Independent Certified Public Accountant to examine such books and records as may be necessary to certify to thc amount of TENANT's gross sales for such lease year or month and TENANT shall promptly pay to LANDLORD thc cost thereof, ARTICLE 6 COMMON AREAS Section I. The term "common areas" shall mean all that portion of shopping center improvements (including thc AND COMMON sprinkler system, if any) excepting only that area which is constructed for lease to tenants or hcreaftcr leased to AREA tenanls. LANDLORD has made no representation as to identity, type. size or number of other stores or tenancies in EXPENDITURES: thc shopping center, and LANDLORD reserves the unrestricted right to change thc design or size of the building, the driveways, parking areas, and identity and type of other stores or tenancies and add buildings and other structures provided only that the size of the leased premises, reasonable access to the leased premises and minimum parkin~ facilities as required by governmental authorities having jurisdiction, shall not be substantially or materially' impaired. subject to the provisions of Article 15 hereof. /'his Sect;ion shal*l not be construed to 1/mit ':I~RNT's authority over such matters by virtue of its governmental, powers. Section 2. LANDLORD grants to TENANT. its employees, customers and invitees, thc nonexclusivc right during the term of this lease to usc the common areas from time to time constructed, such use to be commtm with LANDLORD and all tenants of LANDLORD. its and their employees, customers, and invitces. TENANT shall not at an.v time interfere with thc rights of LANDLORD and other tenants, its and their employees, customers and invitecs, to usc any part of the common areas. It is understood and agreed that LANDLORD may contract for mutual casement rights with adjoining landowners who shall thereafter along with their employees, cust(,mcrs, and invitees usc the common areas in common with LANDLORD. TENANT and all tenants of LANDLORD, and their employees, customers, and invitees to the extent of the adjoining landowners' contract rights. Section 3. LANDLORD agrees to manage, operate and maintain all common areas and common facilities within the common areas of thc shopping center~*The manner in which such areas and facilities shall be maintained and the expenditures therefor shall be at the sole discretion of LANDLORD. who shall have the right to adopt and promulgate reasonable nondiscriminatory rules and regulations, from time to time. including the right to designate parking areas for the usc of employees of tenants of the shopping center and to restrict such employees from parking areas designated exclusively for customers. Upon reasonable request by LANDLORD. TENANT shall furnish a complete list of the names of the TENANT's employees at the leased premises who have automobiles and of the license numbers of their automobiles and thc license numbers of all motor vehicles operated by i'ENAN I'. LANDLORD shall have the right to use portions of thc common areas for the purpose of displays, promotions. programs, games, or other uses which may be of interest to all or part of the general public. LANDLORD shall have thc right to close portions of thc common areas from time to time for repairs, to prevent accruing of public rights *and agrees to use reasonable efforts to do so in therein and for any other legitimate purpose. a competent manner. See EXHIBIT D. Section 4. TENANT agrees to pay as additional rent TENANT's proportionate share of all expenditures incurred by LANDLORD in managing, maintaining, repairing, replacing, operating, insuring, securing, lighting and cleaning thc common areas including, but not limited to, the cost of snow removal, line and exterior painting, insurance of employees, traffic regulation, security patrols and security guards for the entire shopping center, replacement of paving, curbs, sidewalks, landscaping, drainage, roof and lighting facilities, and including the cost of heating and air conditioning the shopping center enclosed mall and walkway areas, if any, (plus fifteen percent (15%} of thc total of the foregoing for overhead) in monthly payments with the monthly rent payments. TENANT'S proportionate share of such costs shall be based on the proportion the total square foot area on the ground floor in the leased premises bears to the total square foot rentable area on the ground floor in the shopping center. The monthly payments may be based on LANDLORD's reasonable estimate of the costs subject hereto made at the beginning of each lease year. At the end of each lease year, LANDLORD shall furnis~ a statement of all costs subject hereto and TENANT's share thereof certified to by LANDLORD. If, at the end of any lease year, the amount paid by TENANT is greater than its share as shown on said statement, the excess shall be credited against thc next rent payments due hereunder. USE: If at Ibc end of an.~ lease year. thc amount paid by TENANT ,~ less than its share as shown on said statemem, thc dcficicnc.v shall be payable wilh the next monthly minimum rent payment due hereunder. See ~XHIBIT D. ARTICLE '/ Section I Thc leased premises ma.~ bc used onl,' for liquor store includinq the sale of related products incl. udina so~ drinks, mixes, ships, cheese and nuts, and, if otherwise lawful, the sampling of liquor _ _ (subject alwa.~., to the provisions of Section 2 of this Article 7) and for no other purpose without the v.-~ittcn consent ol LANDLORD. TENANT agrees to occupy the leased premises upon the commencement date ol thc term hereof and to operate the entire leased premises tully stocked and adequately staffed during the term of lease unles,,, prevented from doing so by stsikes, damage to the premises or other simila~ cause beyond the TENANT% control and to conduct its busines., at all times in good faith, in a high grade and reputable manner TENANT shall conduct its busines,,; in the leased premises during the regular customary days and hours for such type of business in thc city. or trade area in which the shopping center is located, and '":"_... ;:::F .--'L- ..-~..' .... ~ .... ~..,..J~J: ....... v~,~.. ~ .................... :c. :~.z. TENANT shall promptly comply with all laws. ordinances and regulations affecting leased premises or TENANT s business there,n, plu mpany reqmrements al'fecttng the cleanhness, safely, use and occupalion of the leased premises- TENANT shall store in the leased premises only such goods, wares and merchandise as TENANT inlends IO offer for sale at retail from the leased premises. Section 2. TENANT shall nol. ,~ithout LANDLORD's prior written consent, conduct any auction, fire. closing-out or bankruptc) sale.,, in or about the leased premises nor obstruct the common areas or use the same for business o~ displa.,, purpose.,, nor abuse the building, other,improvement, hxtures or personal property consmuting the shopping center (including. without limitation, wall, ceilings partitions, floors and wood. stone and iron work) Rot use plumbing for am,' purpose other than thai for which constructed, nor make or permit any noise or odor objectionable t,, thc public, to other occupants of the building or thc LANDLORD to emit from the leased premises: nor create. maint.qn ,,r permit a nuisance thereon: nor do un.v act tending to injure the reputation ol the shopping center: nor ~ilhoul I.ANDLORI)'.,, prior v. iutcn consenl, place or permit any radio or television antenna, loud speakc~ or sound ampl,h~:~ .r any phnnt,gr;~ph or other devices similar to any of the foregoing outside of the leased premises or at any place t~hr,,: Ihc .,,amc may hc seen or heard out~ide ol the leascd prcmisc.~: m,,. where loading and deliver,, facililic.,. are pro, idled, use or permit to be used entrance.,, for delivery or pick-up of merchandise or supplie.,, to or ('rom th~; leased premise.,., or pcrmi~ trucks or other dehvery vehicles while being used for an)' such purpose to be parked at any pierce ~ithin the shopping center cxccpt such facilities us arc specifically provided for such purpose. TENANT shall not permit any blinking or flashing light to emit from thc leased premises. TENANT shall keep the leased premise.,, and Ioadinp. platfot'rp area$allo~ed for Ihe.usc of TENANT. clean aod fr. ee fro. m r, uhbish.aj~..djr. LalLall · or w~tnzn :rash con:a~ners ~n an area ~es~ona:e~ Dy ~%Nu,.u~u3 ,mc.,, and shall store 311 trash and garbage wltllln Ihcqcascd prem,ses/and will ma~c'ttic same available for regular pick-up which TENANT wdl arrange .al thc TENANT's expense. TENANT shall not burn any trash or garbage at an.~ time in or aboul thc shopping center. miles of thc leased ~ ' ' e one authorized hereunder for the leased Section 4. LANDLORI'~ reserves the right, without liability to TENANT. to refuse admission to the shopping center and the leased premises outside ordinary business hours to any person who is not known to any watchman in charge, o~ who ,,; not properly idenlified, to eject any person from the shopping center whose conduct ma3' be harmful to thc safety and interest of shopping center lenants o~ to close any part of the shopping center during an} riot or olher commotion where.person or property may be imperiled. Section 5. I'ENAN'I' shall use Ihc shopping center name as its advertised address when referring to ~ts busincs., in the leased premises in newspaper and other advertising. The right to use such name for such purpose for the term of th(,. leas~; ~,: hereby licensed by LANDLORD to TENANT. LANDLORD retains all property right, in such name and TENANT shall not acquire o~ have an)' rights in or to such name other than as are expressl.¥ granted by LANDLORD in this Section 5 or otherwise in writing. UTILITIES: TAXES: REPAIRS: ARTICLE 8 Seclion I. TENANT shall pa)* for all heating, air conditioning, electricity, gas. water and sewer charges u~d in thc leased premises throughout thc term of this Lease. See EXI'ITRT? D, Section 2. If TENANT receives utilities through a meier which utilities arc also supplied to other tenants of thc shopping center, then TENANT shall pay to LANDLORD as additional rent within five (5) days aficr demand Ihcrcfor a sum equivalent to its proportionate share of thc total utility meter charges as TENANT% portion thereof. TENANT's proportionate share of such charges shall be determined by multiplying the total charges incurred LANDLORD for said charges by a fraction, thc numerator of which shall be thc total number of square fcct x~hhin thc leased premises, and thc denominator of which shall bc the total.number of square feet within that portion of thc shopping center which is included in and connected to thc same utility meters as thc Icased premises. Section 3. TENANT agrees to kccp the air conditioning and beating systems opcrating during business hours at levels sufficient to satisf.v thc requirements of thc leased premises and thai il will not at any time obtain or scck to obtain any such conditioned or heated air by methods or means ~-hich would drax~* such conditioned or heated air from thc air conditioned and hcated shopping center enclosed mall and walkway areas, if any. Section 4. LANDLORD shall not be liable in damages cr otherwise if thc furnishing by I.ANDI.ORD or hy an) other supplier of an)' utility or other service to Iht leased premises shall bc interrupted or impaired by fire. repairs. accident, or by any causes beyond LANDLORD'S reasonable control. Section 5. In compliance with thc Federal Energy Po:..icy and Conservation Act of 1975. LANDLORD has provided within the leased premises a beating and air conditioning system capable of maintaining a summer indoor condition of 78° F. and a winter indoor condilion of 6.5° F.. such temperatures to be taken approximately 'lwo (2') feet away from an)' wall. ARTICLE 9 Section I. LANDLORD shall pay all real property taxes and installments of special assessments payable therewith on the shopping center land and improvements payable ,:luring the lease term and rental taxes on rentals levied during thc term hereof upon the rentals from thc leased premises. TENANT shall reimburse LANDLORD for TENANT's share of such payments of real property taxes and installments of special assessments. TENANT's share of such costs shall be based on the ratio that the total square foot floor area on thc ground floor in thc leased premises bears to thc total square foot rentable floor area on the ground floor in the shopping center except buildings separately taxed or assessed for which such taxes and assessments are directly allocated to their tenants. TENAN~r shall also reimburse LANDLORD for rental taxes, and gross receipts taxes, if any. paid by LANDLORD on rentals from the leased premises. One-twelfth of a full year's taxes, installments of which are next payable, shall be payable on thc first day of each month and added to the monthly rental. This amount may be based on LANDLORD's reasonable estimate until the actual tax amounts are available and when available an adjustment shall be made and any difference shall be payable based on TENANT's actual share as determined. TENANT's share of such taxes payable in the first and last. calendar year of the lease term shall be equitably prorated based on thc portion of the year included in the lease term. TENANT shall pay all personal property and similar taxes on its propert)' in the leased premises. Section 2. See EXHIBIT D. ARTICLE 10 Section I. LANDLORD shall keep the foundations, exterior walls (except plate glass or glass or other special breakable materials used in structural portions) and roof in good repair, and if necessary or required by proper governmental authority, make modifications or replacements tbereof, except that LANDLORD shall not be required to make any such repairs, modifications or replacements which become necessary or desirable by reason of the negligence of TENANT, its agenL servants or employees, or by reason of anyone illegally entering or upon the premises. Section 2. L,:~:~L~.n,~ =k='.'. '.:::; :.-.d .--.-~!--.:-~!.-. !.-. g~':-~ r-~;-~!: :h-' h-~-'-!=g. :'-'n;-:!-~:!=g ==~ :!: :=----~!:!:.':.!.': ....... "': {HVAC) serving the leased premises, if said system also services ~all. at all times, have access to the itYAC. ~rpos_e of ~pairin_g and maintaining it. lE~man~d t.h.c.r.~[o_~¢ a as -, ....,.,~;T': ?.:::!:.-. :k=:-~-r T-E-'~-*-~T" ..rn?nrfi~' ..... k .... f ....k ...... I..tl ~ d.,..--!...4 I.:., _.~__..,,;~.!~...:.~; 6 INSTALLATIONS. ALTERATIONS AND SIGNS: INDEMNITY' o' square Feel within the Ica~'c'c~;;~i~;s."'~'~d-~Jto't2;'~;';~r square rcet aithin that portion ol th ' ts included in and connected to thc same HVAC as the leased .... See EXHIBIT D. Sectmn 3. Exccpt as provided in Section I and 2 of this Articlc. the LANDLORD shall have thc right at TENANT's cost and expense but shall not be obliged Io make repairs replacemenls m improvements of an,v kind upon Ibc leased premises or any equipment, Facilities or fi<tures therein contained, including heating and a, conditioning equipment or other equipment serving onl.~ the leased premises even ii Iocaled outside the leased premises, which al all times TENANT shall repair, replace and keep in good order and in a clean, sanitary and sarc condition, ordinary wear and tear excepted, in accordance with all applicable law,,,, ordinances and regulalions of an,~ govcrnmcnlal authorilv having jmisdiction. If LANDLORD exercises its rights pursuanl to Ibis Section 3. TENANT shall reimburse LANDLORD for costs and expenses incurred hereunder upon demand. TENANT shall permit no waste, damage or injury to the leased premises. Section 4. TENANT shall forthwilh al its own cost and expense replace with glass of the sumc quality any cracked or broken gla.,., including plate glass or gl.',,,: or olhct special breakable materials used in struclural po~mn.~, and an) interior and exterior windows and doors in the leased premises. If specifically required by LANDLORD. TENANT shall maintain a policy or pulici~;.~ in acccplablc companies in~uring LANDLORD and TENANT. a.,, Ihci~ interests may appear, against breakage of all ~uch glass in the leased premises ARTICLE 11 Seclion I TENANT. at .s own expense, shall purchase, install and maintain in good condition its trade fixtures and floor covering, and all interior wall coverings and decorating, except as provided in EXHIBIT C. Section 2. TENANT shall not make an). repay,.,, alterations or additions to the leased premises or make an.~ contracl thcrcfo,' withou! first procuring LANDLORD's written consenl and dehvering to LANDLORD thc plans and specifications and copies of the proposed contracts and necessary permits and shall furnish indemnification --.~-,' .......~;cc.r,u ....... ~, ......... : .......t,~,~ as LANDI,ORD against liens, costs, damages and expenses ma.~ r~:qu.. All alterations, additions improvements and fixtures, other than trade fixtures, which may bc made installed by either of the parties hereto upon the leased premises and which in any manner ar~ attached to thc floors. ~all~ .r.cciling.,, shall, al thc termination of thi,, lease, become the properly o! LANDLORD. and shall remain upon and bc .urrcndcred ,~ith thc leased premises as a part thereof, without damage or injury: an)' floor covering affixed to thc floor o~ Irack lighting affixed to Ihe ceiling shall likewise become the property of LANDLORD. ali wilhoul comnen~,~m~m or credil to TENANT. All fixtures inslallcd by TENANT shall be new or completely reconditioned. See EXHIB'rT D. Section 3. TENANT shall promptly pay all contractors and materialmen, so as to avoid the possibilq¥ of a lien attaching to the leased premises, and should any lien be made or filed. TENANT shall bond against or discharge the same within ten I1~) da)s after v.-~llen requesl by LANDLORD. Nothing in this lease contained shall be construed as a consent on the part of' the LANDLORD so as to subject the LANDLORD's estate in the leased premises to an), lien or liabilqy under the lien laws or the Stale in which Ihe leased premises are located. Section 4. Except to the extent permitted by LANDLORD's Sign Criteria on Exhibit E hereto. TENANT shall not erect or install any exterior window or door signs, advertising media or window lettering or placards or other signs or install an~ interior window or door signs, advertising media or window or door lettering or placards or other signs without LANDLORD's prior written consent. TENANT shall not install any exterior light or plumbing fixtures. shades or awnings, or make an.,,, exterior decoration or painting, or build any fence, or make any changes to thc store front ~ithout LANDLORD ~..prinr written consent. Use or tool is reserved to LANDLORD~ except for TElq/LN'Z'~ s use thereof to service, maintain and repair its ~VAC unit. ARTICLE 12 Section I TENANT agrees to indemnif.v and save LANDLORD harmles~ against any and all claims, demands damages, co,ts and expenses, including reasonable attorneys' fees. arising from the conduct or management of the busines~ conducted b.v TENANT or from any breach or default on the part of TENANT in the performance of any covenant or agreement on the part of TENANT to be performed pursuant to the terms or this lease, or from an.,,' act or negligence of TENANT. its agents, contractors, servants, employees sublessees, concessionaires or licensees, in o: about the leased premises or the common areas, the sidewalks adjoining the same. and the loading platform area allocated to the use of TENANT. LANDLORD shall not be liable and TENANT waives all claims for damage to INSURANC~ person or property sustained by TENANT or TENANT's employees, agents, servants, contractors, sublessee.~. concessionaires, invitees, and customers resulting from thc building in which the leased premises arc located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out of repuir, or resulting from an)' accident in or about the leased premises, the building in which the same are situated or resulting directl.~ or indirectly from any act or negkcl of any other renan! in the shopping center. This shall apply especially. but not exclusively, to the flooding of the leased premises, and to damage caused by steam, excessive heat or cold. falling plaster, broken glass, sewage, gas. odors or noise, or ~:be bursting or leaking of pipes or plumbing fixtures. All property belonging to TENANT or any occupant of the leased premises or the shopping center shall be there at thc risk of TENANT or such person only. and LANDLORD shall not be liable for damage thereto or theft or misappropriation thereof. Sect:J. on 2, See E:XI-ITRI'~' D, ARTICLE 13 Seclion !. TENANT shall not carry any stock of goods or do anything in or about the leased premises which shall in an)' ~ay tend to increase insurance rates on the leased premises or the building in which the same are located without the consent of LANDLORD. If LANDLORD shall consent to such use, TENANT agrees to pay as additional rental any increase in premiums for insurance resulting from the business carried on in thc leased premises by TENANT. If TENANT installs any electrical equipment that overloads the power lines to the building. TENAN [ shall, at its o~'n expense, make whatever changes are necessary to avoid such overload and to comply ~'ith Ibc requirements of insurance underwriters and insurance rating bureaus and governmental authorities having jurisdiction. Section 2. TENANT agrees to procure and maintain a policy or policies of liability insurance, at its own cost and expense, insuring LANDLORD and TENANT from all claims, demands, or actions for injury or death sustained by one or more persons as a result of any one occurrence in the amount of One Million Dollars ($1,000,000L and for damage to property in an amount of not less than One Hur~drcd Thousand Dollars ($100,000} made by or on' behalf of any person or persons, firm or corporation arising from, related to or connected with, the conduct and operation of TENANT's business in the leased premises. TENANT shall carry like coverages against loss or damage by boiler or internal explosion by boilers, if there is a boiler in the leased premises. Said insurance shall not be subject to cancellation except after at least ten (10) days' prior written notice to LANDLORD, and the policy or policies, or dull executed certificate or certificates for the same, togeth~:r with satisfactory evidence of the payment of premium thereon, shall be deposited with LANDLORD at the commencement of the term and upon any renewal of said insurance not less than thirty (30) days prior to the expiration of the term of such coverage. Section 3. LANDLORD may procure fire and extended coverage (including coverage of rental loss in connection w. ith damage and destruclion covered by the said fire and extended coverage insurance} and other reasonably necessar? insurance on the shopping center. Such insurance shall be for the benefit of LANDLORD and TENANT shall ha~e no interest therein. TENANT shall reimburse I, ANDLORD. monthly with its rental payments, for its share of the actual net cost and expense to LANDLORD of such insurance. TENANT's share of such costs shall be that fractional part of the Iolal of such costs as the total area of the leased premises bears to the total rentable area of all buildings and structures constituting part of this shopping center. One-twelfth of the amount due shall be payable on the first day of each month and added to the monthly rental. This amount may be based on an estimale until the actual premiums are available and when available an adjustment shall be made and any difference shall be payable based on TENANT's actual share as determined. Section 4. TENANT shall maintain at its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of all alterations, changes, wall coverings, floors, furnishings, decorations, additions, fixtures and improvements in the leased premises in the event of a loss, in companies and in form acceptable to LANDLORD. The insurance which the TENANT agrees to carry in this section shall insure the full insurable value of the improvements and betterments installed by the TENANT in the leased premises, whether the same have been paid for entirely or partially by TENANT. TENANT will further deposit the policy or policies of such insurance or certificate thereof with LANDLORD. Section 5. If TENANT fails to comply with the requirements of this Article 13. LANDLORD may obtain such insurance and keep thc same in effect and TENANT shall pa), LANDLORD the premium cost thereof on demand. 'F1RE OR OTHER CASUALTY: EMINENT DOMAIN; ASSIGNMENT AND SUBLETTING: ARTICLE 14 Section I- in case thc shopping center shall bc partially or totally dcstroycd by any fire or other casualty covered by insurance so as to become partzally or totally unlcnantable, the same shall be repaired at the expense of LAND- LORD. unlcs, LANDLORD shall elect not to rebuild, as bercinaftcr provided, and thc rent shall abate until the leased premises are repaired and thc extent to which the leased premises ~re untenantable. Section 2. In case Ibe shopping center buildings, inclnding common areas, shall be destroyed or so damaged by fire or other casuahv as to render more than fifty percent (50%) thereol untenantable, ol in the event of any substantial uninsured destruclion or damage or if the unexpired term of this lease zs two (2) years or less on the date of any substantial destruction or damage, then LANDLORD ma),, if it so elects by notice in writing within ,,l~.ty (60) day, after such destruction or damage, terminate this lease. The above sh,~ll apply whether or not any part of the leased premises ~s damaged or destroyed. LANDLORD's obligation to repair or rebuild pursuant to thie Article shall bc limited to a basic building and the replacement of any interior work which may have originally been installed at LANDLORD's cost. In no event in the case of any such destruction shall LANDLORD be required to repair or replace TENANT's sloc[ in trade, leasehold improvements, fixtures, furniture, furnishings or floor coverings and equipment TENANT covenants to make such repairs and replacements and to furnish LANDLORD. on demand. evidence of insurance assuring its ability to do so. ARTICLE 15 Section I II the whole of the leased premises shall be taken under the power of eminent domain, then the term of thi~ lease shall cease as of the day possession shall be taken and the rent shall be paid up to that date. Section 2. In thc event more than ten percent fl0C?r,) ol thc land area in Ihe shopping center be so takcn, the LANDLORD .shall have the right to terminate this lease at the time and with the rent adjuslmcnt as provided in 5cclion I by giving TENANT written notice of termination within s~xty (60) days after the laking of possession by such public authoril~ Section 3. If any of the floor area of the leased premises or forty percent (40%) or more of the parking area shall be so taken, then LANDLORD or TENANT shall have the right either to terminate thi~ lease or. subject, in the case ol TENANT, to LANDLORD's right~ of termination as set forth in this Article. to continue in possession of Ibc remainder of the leased premises upon notice in writing to the other party hereto within thirty (30) days after such taking of possession. In the event thi~ lease is not terminated, all of the terms hcrein provided shall continue in clfcct except thai thc rent shall be cqmtably abated as to any portion of the leased premises so taken and LANDLORD shall make all necessary repairs or alterations to the extent provided in Article 12. Section 3 of this lease. Section 4. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part ol Ihe leased premises shall be the properly of LANDLORD. whether such damages shall be awarded as compensation for diminulion in value of the leasehold or to the fee of the leased premises: provided, however, that LANDLORD shall nol be entitled to any scparale award made to TENANT for loss of business, depreciation of and cost of removal of stock and fixtures ARTICLE 16 'Section I. TENANT shall not assign or in any manner transfer this lease or any interest therein, nor sublel said leased premises or any pa;t or parts thereoL nor permit occupancy by anyone without the prior written consent of LANDLORD. Consent by LANDLORD to one or more assignments of this lease or to one or more sublettings oi the leased prcmiscs shall not operate as a waiver of LANDLORD'S rights unde~ this Article. No assignment shall release TENANT of any of its obligation.., under this lease or be construed ot taken as a waiver of any ol LANDLORI)~ rights hereunder. For the purposes hereof, if TENANT i~ a corporation or partnership or olher cnl~l¥ an,v change in the owncrship of TENANT shall be deemed to be an as.qgnmcnt which shall require LANDLORD's consenl as above scl forth. The acceptance of rent from someone other than TENANT shall not be deemed lo be a waiver of any ol the provisions of thi~ lease or consent to any assignment or subletting ol the leased premisc.~ See EXHTR'rT D. prcmise~ which name shall bc ~ ~UBORDINATION: ARTICLE 20 Section !. TENANT agrees that this 'lease shall bc subordinate to any mortgage~ or trust deeds that may hereafter be placed upon said leased premises and to any and all advances to be made thereunder, and to thc interesl thereon. and all renewals, replacements and extensions thereof provided that the mortgagee or trustee tbercunder shall agree to recognize TENANT's rights bereunder as long as TENANT is not in default hereunder. TENANT further agrees that upon notification by LANDLORD to TENANT. this lease shall be or become prior to any mortgages or trust deeds that may heretofore or hereafter be placed on'the said leased premises. TENANT shall execute and deliver whatever instruments may be required for the above purposes, and failing to do so within ten (10) days after demand in writing, docs hereby make. constitute and irrevocably appoint LANDLORD as its attorney-in-fact and in its name. place and stead so to do. TENANT shall in the event of the sale or assignment of LANDLORD's interest in the building of which the leased premises form a part. or in the event of any proceedings brought for the foreclosure of. or in the event of exercise of the power of sale under any mortgage made by LANDLORD covering thc leased premises, attorn to the purchaser.and recognile such purchaser as LANDLORD under this lease, so long as the new LANDLORD .recogn.izes t~e continuance and validity of this Le~se and agrees not to disturb ~IANT'; r~Lghtss~ce~mnel~.ncl~RiANT shall, upon demand, in the event any proceedings are brought for the foreclosure of. or in ,he evenl of exercise of the power of sale under any mortgage, trust deed. or oth~:r financing investment, made hy thc LANDLORD covering the leased premises, attorn in writing to the purchaser upon any such foreclosure of sale and recog.nile s~uchj~u.rchasecas th~ LANDLORD upder thc IcaseSO long as th.e new T.JLNDT.ORD recognizes the continuance ana va~idicy of thzs ,.ease ana agrees hot to disturb TENANT's rights hereunder. ARTICLE 21 NOTICES: Section I. Whenever under this lease provision is made fi)r notice of any kind. such notice shall be in writing and shall be deemed sufficient to TENANT if actually delivered to TENANT or sent by registered or certified mail. return receipt requested, postage prepaid, to the last Post Office address of TENANT furnished to LANDLORD for such purpose, or to thc leased premises; and to LANDLORD if actually delivered to LANDLORD or if'sent by registered or certified mail. return receipt requested, postage prepaid, to the LANDLORD at the address furnished for such purpose, or to the place then fixed for the payment of rent. If the holder of record of any mortgage or ground lessor's interest covering the leased premises shall have given prior written notice to TENANT that it is the holder of said mortgage or lessor's interest and such notice includes the address at which notices to such mortgagee or ground lessor arc to be sent.*then TENANT agrees to giYe to such party or parties notice simultaneously with any notice given to LANDLORD to correct any default of LANDLORD as hcreinabove provided and agrees that such party or parties shall have the right, within thirty (30) days after receipt of said notice, to correct or remedy such default b.c.forc .TE.N^NT. may take qny action pndcr t. his lease by reason of such default. *and advises T]~1ANT that ~ wzsnes :o receive sucn no~ce ARTICLE 22 CONSENTS: Section I. Thc parties agree that whenever under this I¢'.ase provision is made for securing the written consent. permission or approval of either that such written consent, permission or approval shall nol be unreasonably withheld or delayed. ARTICLE 23 MERCHANTS' Section I. TENANT shall.*throughout thc term or any extension or renewal of the term of this lease, become a ASSOCIATION: member of. participate3f~ in. and remain in good standing in the Merchants' Association ('Association") formed or to be formed by the LANDLORD. at this sole discretion, and comply with thc by-laws, rules and regulations of such Association?l'he objectives of such Association shall be to assist the business o.f the shop. ping center tenants by sales promotions and advertising for the shopping center as a whole. *at its soJ. e optTon ~rom time to t~me **while it elects to be a member Section 2. The Association is organized or will be organized as a non-profit corporation, with voting membership limited to tenants in thc shopping center. The management of thc Association shall be vested in a board of directors consisting of seven (7) individuals, two (2) of which shall bc designated by LANDLORD and five (5) of which shall be elected by thc Association. Directors need not be tenants of the shopping center. In electing directors, each tenant member shall have one vote for each $.000 square feet of leased space or part thereof. The Association may also provide for non-voting members consisting of persons other ,than shopping center tenants. Section 3. TENANT agrees to pay promptly when duc his share of such dues and assessments as may be ~ shopping center as a whole; said. sums sh ' . ~ cenls (~¢).per square voluntarily agreed to be paid from time to time by TENANT. OFFSET STATEMENT: TITLE: GENERAL: with thc beginning of thc Merchants' Assay in advance, thc firsl such payment being ~cmcnt of the term hereof- Section 4. LANDLORD agrees to pay to thc Association annually a sum equal to twenty-five percent (25%) of thc gross collected dues as hereinbefore s~t forth. Section 5. TENANT agrees to pay when billed a sum not exceeding ten cents tl0c) per square loot of thc leased premises to thc Association for the purpose of providing funds for thc "Grand Opening'. Said "Grand Opening" shall be as determined by the Association. ARTICLE 24 Section I. Within ten (10) days after requcst therefor by LANDLORD. TENANT shall provide an offset statement in recordablc form to any proposed mortgagee or purchaser, or to LANDLORD. eertifying tit such be thi~ case) thai thN lease., in lull force and effect and there arc no defenses or offsets thereto, or stating those claimed by TENANT and ccrtilving lo such other matters as such party shall reasonably require. :~, :kc :.c-:n: T,ENANT :,~c,~;:g~ execute and deliver said statement and/or certificate. LANDLO~ to. as attorney-in-fact for TENANT. make such a . creby constituting and irrevocably appointing LANDLORD its ~ac: .",:,;- :,-':~,'-, i-~=;i~c,:,;. LANDLORD's mortgage lenders and purchasers shall be entitled to rely upon any statement so executed pursuant to this Article 24. ARTICLE 25 Section I. LANDLORD covenants that ct has tull right and authority to enter into this lease for thc full term hereof. LANDLORD I'urthcr convenants that TENANT. upon performing the covenants and agreements of this Ease to be performed by said TENANT. wdl have. hold and enjoy quiet possession of the leased premises. ARTICLE 26 Section I RELATIONSHIP OF PARTIES. Nothing contained herein shall be deemed or construed by anyone as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. Section 2. CUMULATIVE REMEDIES AND NON-WAIVER. The various rights and remedies contained in this lease shall not bc considered as exclusive of any other right or remedy, but shall be construed as cumulative and shall be in addition to evcrv other remedy now or hereafter existing at law. in equity, or by statute. No delay or omission of' thc right to cxercisc any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of thi~, lease by cithcr part~, shall not be construed by thc other party as a waiver of a subsequent breach of the same covenant, term or condition. Thc consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to approval of any subsequent similar act Section 3, HEADINGS. Thc headings of thc several articles contained herein are for convenience only and do not define, limit or construe the contents of such articles Section 4. BINDING EFFECT OF LEASE. Thc covenants, agreements and obligations herein contained, except as herein otherwise specifically provided, shall extend to. bind and inure to thc bencfh of thc parties hereto and theia respective personal representatives, heirs, successors and assigns. LANDLORD. at any time and from time to lime. may make an assignment of its interest in this lease, and. in the event of such assignment and the assumption by the assignee of thc covenants and agreements to be performed by LANDLORD herein. LANDLORD and ~ts succ~, sors and assign~ (other tha, n t,.hc a~signec of this lease) shall be released from any and ~.11 liability hereunder.eXcept ~or pre-existing ae:aul~s of LANDLORD. Section 5. FORCE MAJEURE. Whenever a period of time is herein provided for either party to do or perform any act or thing, that party shall not bc liable or responsible for any delays, and applicable periods for performance shall bc cxtcndcd accordingl:,, duc to strikes, lockouts, riots, acts of God. shortages of labor or materials, national 13 emergency, acts of a public enemy, governmental restrictions, laws or regulations, or any other cause or causes. whether similar or dissimilar to those enumerated, beyond its reasonable control. The provisions of this Section 5 shall not operate ro excuse TENANT from prompt payment of rent, percentage rent, additional rent of other monetary payments required by the terms of this lease. Section 6. RECORDING OF LEASE. TENANT shall not record this lease without the written consent of LANDLORD. Upon request o£ either p.arty, a short form oE this Lease shall be executed for recordation. Section 7. ACCEPTANCE OF PAYMENT. No payment by TENANT or receipt by LANDLORD of a lesser amount than the amount then due under this lease shall be deemed to be other than on account of the earliest portion thereof due. nor shall any endorsement or statement on any. check or an)' letter accompanying any check or payment be deemed an accord and satisfaction, and LANDLORD may accept such check or payment without prejudice to LANDLORD's right to recover the balance due or pursue any other remedy in this lease provided. Section 8. NO BROKERAGE. Each of thc parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this lease, except as listed below, and each of the parties agrees to indemnify the other against, hold it harmless from, all liabilities arising from any such claim for which such party is responsible (including. without limitation, the cost of counsel fees in connection therewith) except as follows. W Should such financing not be obtainable within a period determined io?~a~dlr~y LANDLOR~D.. LAND- LORD may so notify TENANT in writing, and ~~.t~h.e. mortgagee re cancel this ' e TENANT refuses to approve in writing any such modification within thirty (30) days after Section 10. AUTOMATIC TERMINATION OF LEASE. Anything to the contrary contained in this lease notwithstanding, in the event that the term of this lease shall not have commenced within ten (10) years after the date hereof, then ten (10} years from the date hereof this lease shall automatically terminate and shall be of no further force or. effect. Section II. UNENFORCEABILITY. Unenforceability of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. Section 12. GOVERNING LAW. Thc laws of*the state in which the shopping center is located shall govern thc validity, performance and enforcement of this lease. Section 13. ADDITIONAL PROVISIONS. Additional .provisions. if any. are set forth on the attached Exhibit D, which is by reference made a part hereof. Section 14. EXHIBITS ATTACHED. The following exhibits are part of this lease agreement: Exhibit A. Shopping Center Site Plan: Exhibit B. Shopping Center Legal Description: Exhibit C. Plans and Specifications: Exhibit D. Additional Provisions: and Exhibit E. Sign Criteria, if any. All said Exhibits are hereby incorporated herein by reference and are construed as a part of this lease. Section 15. JOINT AND SEVERAL LIABILITY. In the event that two or more individuals, corporations. partnerships or other entities (or any combination of two or more thereof} shall sign this lease agreement as TENANT. the liability of each such individual, corporation, partnership or other entity to perform all obligations hereunder shall be deemed to be joint and several. In like manner, in the event that the TENANT named in this lease agreement shall be a partnership or other business association, the members of which are, by virtue of statute, or general law, subject to personal liability, then and in that event, the liability of each such member shall be deemed to be joint and several. Section 16. RIGHT TO REPAIR. LANDLORD shall '~ave the right to install, maintain, use, repair and replace pipes, ducts, conduits, and wires leading through the leased premises and serving other parts of the building in locations which will not materially interfere with TENANT's use thereof. Seclion 17- TENANT'S CONFLICTS. TENANT hereby covenants, warrants and rcpresenls that by executing this lease and by the operation of the leased premises uncles this lease, si ss not violating, has nol violated and ,~ dl not be violating any restrictive covenant or agreement contained in any other lease or contract affecting thc TENANT or an_~ affiliate, associate or any other person or entity wilh whom or with which TENANT s~; related or connected financially or otherwise. TENANT hereby covenant.; and agrees to indemnily and save harmless LANDLORD any future owner of the fee or any part thereol, and any mortgagee thereof against and from all liabilities, obligations. damages, penalties, claims, costs and expenses, including attorney,' fees. paid. suffered or incurred by them or any of them as a result of an~,' breach of the foregoing covenant. TENANT',, liabihly under this covenant extends to the acts and omi,sions of any sub-tenant, and any agent, servant, employee or licensee of any sub-tenant of TENANT See EXHIBIT D. Section 18. WAIVER OF SUBROGATION. Anything in thN lease'~o the contrary notwithstanding. LANDLORD and TENANT each hereby waives any and all rights of recovery, claim, action or cause-of-action, againsl the other sis agents (including partners, bolh general and limited), officers, directors, shareholders or employees, for an:~ loss ol damage that may occur to the leased premises, or any improvements thereto, or said shopping center of which the leased premises arc a part. or an)' improvements thereto, dr any property of such party therein, by reason of fire. the elements or any other cause which could be insured against under the terms of standard fire and gxtended covcragc insurance policies, regardless of cause or origin, including negligence of thc other party hereto, its agents, officers or employees, and covenants that no insurer shall hold any right of subrogation against such other party. Section 19. EXECUTION OF LEASE BY LANDLORD AND LANDLORD'S EXCULPATION. The sub- mission of Iht.; documenl for examination and negotiation does not constilute an offer to lease, or a reservation of. or option fo,. Ihc leased premises and this document becomes effective and binding only upon the execution and delivery hereof by LANDLORD and TENANT. All negotiations, considerations, representations and understandings bet,,eeo LANDLORD and TENANT are incorporated herein and may be modified or altered only by agreement in writing between LANDLORD and TENANT and no act or omission of any employee or agent of LANDLORD or ol LANDLORD's borker shall aller, change or modify any of the prov,sions hereof. Further. si' the LANDLORD os any successu,, in interest shall be an individual joint venlure, tenancy in common, firm. or partnership, general or limited. Ihere shall be no pcrsonal liabil,lv on such individual or on the members ol such joint venture, tenancy in common, firm. or parlnership or on such joint venture, tenanc), in common, firm. or partnership, in respect to any ol thc covcnanls or conditions of this lease, and in the event of any default or breach by LANDLORD with respecl to any of Ihe lerms, covenants and conditions of Ihi. lease to be observed, honored or performed by LANDLORD. TENANT shall look solel, to the cslatc and proper~v ol LANDLORD in the land and buildings owned b), LANDI ORD compr,sing the shopping center for the colleclion of any judgment (or ans' other judicial procedures requ,ring the paymenl of money by LANDLORD) and no other property or assets ot LANDLORD shall be subjecl to lex ~'. execution, or other procedures for satisfaction of TENANT's remedies IN ~,'11 NESS WHEREOF. LANDLORD and TENANT have signed and sealed this lease as of the day and year firsl above writtcn. KRAUS-ANDERSON INCORPORATED CITY OF COLUMBIA HEIGHTS -- 15-- .ST~/E OF COU'~ TY OF ) ) ss. ) The foregoing instrument was acknowledged before me this day of [LAN DLOR D] 19__ by STATE O F"~w'~m~ )  ) ss. COUNTY OF ) Th/-) foreg.~n,g_inst,~me~/").w~s/e~c.k_~nowledged before me this _Lt~4zxzt, eev-~ .-f- , L, Jd~"~e'e~ and ~ of day of corporation, on behalf of the corporation. [LANDLORD] by STATE OF ) ) SS. COUNTY OF ) The torrgoing instrument ,.,.as acknowledged before me this day of 19 . by [TENANT] SLATE OF /1"tl/~ A)f--~O 7'Iq ) ) ss. COUNTY OF /~/%/D/C~ ) The~rcgoing~C~ in~ rumcn~, ~a,,wa'~ackn°wlcdged~; ~fore mc andthis ~.a m~ JC,'~ I corporation, on ~halr or 9e corporation- [TENA~ · by EXHIBIT A EXHIBIT B .NIIOI'I'IN(; ('ENTER I,E(;AI. I)ES('RII'TION Lots One (1) , Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12)...Block One (1) and the East 107.3 feet of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6)...Block Two (2), all in Rearrangement of Block "A", Columbia Heights Annex to Minneapolis, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Anoka County, Minnesota, together with that part of vacated Jackson Street on said plat described as follows: Commencing at a point ten (10) feet North of the Southeast corner of said Lot 6, Block 2; thence North a distance of five hundred ninety (590) feet, more or less, to the Northeast corner of said Lot 1, Block 2; thence East a distance of thirty (30) feet, more or less, to the Northwest corner of said Lot 12, Block 1; thence South a distance of five hundred ninety (590) feet, more or less, to a point ten (10) feet North of the Southwest corner of said Lot 7, Block 1; thence West a distance of thirty (30) feet, more or less to the point of beginning and there terminating. TO BE AT1~CIIEI310 AND BFCOMF A PART OF THAT CERIAIN LEASE AGREEKtENT COVERING SPACE IN THE CENTRAL VALU CENTER . EXHIBIT C PloANS AND SPECIFI( ATIONS TENANT shall receive the space in an "as is" condition except for the following LANDLORD improvements: 4e 5. 6. 7. 8o Provide North and South demising walls. New storefront (as designed by LANDLORD's architect). Strip lighting except under East mezzanine wh~re 2x4 recessed lighting will be used. New H.V.A.C. rooftop units. Repair and paint existing ceiling. Repair and clean existing floor tile. Install double delivery door on West wall along with platform (as designed by LANDLORD's architect). Provide partition between sal~s area and storeroom. Restroom to code. Any improvements or additions to the above will be at TENANT's sole cost and expense, however, TENANT must use LANDLORD's contractor for said improvements or additions. LANDLORD shall purchase and install a cooler, shelving and conveyor system at TENANT's sole cost and expense. This Lease is contingent upon TENANT approving the work set forth in the plans and specifications (EXHIBIT C) prior to final approval of the IRB financing referred to in EXHIBIT D, Section 16. TO BE ATTACHED TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT COVERING SPACE IN THE CENTRAL VALU CENTER SHOPPING CENTER EXHIBIT D Additional Provisions 1. Article 2, Section 3, continued: Should the premises not be substantially completed by November 1, 1984 and LANDLORD has not used its best efforts to complete the construction, TENANT shall have the option of terminating this Lease upon ten (10) days written notice to LANDLORD. If TENANT takes occupancy without termination, this Lease shall commence as aforesaid. 2. Article 3, Section 4: Ail rental and other sums payable by TENANT which are not paid within ten (10) days when due shall bear interest from the date due to the date paid at the rate LANDLORD is paying for its financing on the premises. In addition to the above, TENANT shall pay LANDLORD a $25.00 service charge for all monthly rent payments not paid by the 10th day of the month for which they are payable. Said $25.00 service charge is a service charge to cover extra expense involved in collecting and handling delinquent payments. 3. Article 6, Section 3, continued: TENANT shall have the option to choose six (6) parking spaces in close proximity to the demised premises to be designated as fifteen (15) minute parking spaces to be used in common with all patrons of the shopping center. TENANT shall pay the cost of construction of placement of any moveable signs designating the restricted spaces. Permanent signs are not allowed. LANDLORD may promulgate reasonable rules and regulations relating to parking within the designated 15-minutes parking spaces. 4. Article 6,Section 4, continued: Ail capital expenditures which are charged back to TENANT shall be amortized over the longest period allowed by the Internal Revenue Service using generally accepted accounting principles. 5. Article 8, Section 1, continued: LANDLORD agrees to cause mains, conduits and other facilities to be provided by the date of substantial completion which are capable of supplying electricity, water, gas and sewer service to the demised premises. LANDLORD warrants that the premises are intially fit for the use intended (including operation of a cooler); that all plumbing, heating, air conditioning, electricity, gas and sewer service is in good working order' at the date of substantial completion. 6. Article 9, Section 2: To the extent that the real estate taxes and special assessments levied against the land and/or property of the shopping center are reduced as a result of TENANT's occupancy, TENANT shall receive a credit for said amount against taxes otherwise payable hereunder. 7. Article 10, Section 2, shall be amended to read: LANDLORD warrants for a period of one year after ~bs---~anti~ completion that the HVAC system, plumbing, ~NDLORD shall during said electrical service, equipment, facilities an(] other fixtures installed by LANDLORD, at LANDLORD's expense, shall be fit for their intended purpose and one year period keep the same in good working order. Thereafter, TENANT shall be responsible for the same. -1- 8. Article 11, Section 2, continued: TENANT shall upon termination of this Lease by lapse of time or otherwise be allowed at its expense to remove its cooler, conveyor system and all shelving. TENANT shall be responsible for restoring the demised premises to the condition it was in at the beginning of the Lease term, reasonable wear and tear excepted. 9. Article 12, Section 2: LANDLORD will indemnify TENANT and save it harmless from and against any and all claims, actibns, damages, liability and expense in connection with loss of life and/or damage to property arising from or out of any occurrence in, upon or from the common area, common parking areas, roads, walks and approaches in and to the shopping center, and other common areas within the shopping center and occasioned wholly or in part by any negligence or omission of the LANDLORD, its officers, agents, contractors, or employees, save and except such claims, actions, damages, liability and expenses caused in whole or in part by the negligence of TENANT, its agents, servants or employees. 10. Article 16, Section 1, continued: TENANT may sublet the demised premises without LANDLORD's consent (a) provided that the subtenant or assignee shall take the premises subject to all covenants and agreements on the part of the TENANT as contained in the Lease, (b) provided that subtenant or assignee shall be subject to the same accounting, reporting-and auditing procedures as are imposed upon TENANT under this Lease, (c) provided that any subtenant or assignee shall be allowed such signs as are allowed under the ordinance of the City of Columbia Heights or which the Council of the City of Columbia Heights may grant by variance and also which are in conformance with LANDLORD's sign criteria, (d) provided that subtenant or assignee shall be subject to the obligation to allow LANDLORD to inspect its records and plans as was TENANT, (e) provided that TENANT shall remain primarily liable for all payment of obligations under this Lease which are not paid by LANDLORD to subtenant or assignee. Should TENANT vacate the demised premises prior to the terminatknof the Lease, LANDLORD will use its best efforts to rent said premises and to mitigate TENANT's damages. 11. Article rS, Section 7, shall be amended to read: Should LANDLORD or TENANT be in default under any of the terms and conditions of this Lease and the nature of the default is such that it cannot be cured within the time frame allowed under said Lease, LANDLORD and TENANT shall not be considered in default of this Lease if during said time period they undertake to cure the default and diligently pursue a cure thereof. 12. Article 26, Section 17, continued: LANDLORD hereby convenants, warrants, represents that by executing this Lease and by operation of this shopping center it is not violating, has not violated and will not be violating any restrictive covenants or agreements contained in any other lease or contract affecting LANDLORD or any affiliated associate or any other person or entity with whom or with which LANDLORD is related or connected financially or otherwise. LANDLORD hereby covenants and agrees to indemnify and save TENANT harmless from all liabilities, obligations, damages, penalties, claims, costs and expenses, including attorneys fees paid suffered or incurred by it as a result of any breach of the foregoing covenant. Article 26 is amended to add the following thereto: LANDLORD hereby encourages TENANT to, to the extent practicable, target its employment opportunities in the Leased Premises to individuals who are unemployed or economically disadvantaged as contemplated in Chapte= 289 of Minnesota Laws of 1983. -2- 13. Article 27 is added hereto: Limitations on Tenant Imposed as a Result of Tax-Exempt Financing of the Pro~ect. Section 1. Definitions: For purposes of Article 27 of this Lease, the following terms shall have the following respective meanings: Capital Expenditure: Any expenditure (regardless of how paid, whether in cash, notes, or stock in a taxable or nontaxable transaction); (a) which is financed other than from the proceeds of the Note (or any Prior Small Issue); (b) which was paid or incurred during the six-year period which begins three (3) years before the date of the Note and ends three (3) years after the date of the Note; (c) the Principal User of the facility in connection with which the property resulting from the expenditure is used and any Principal User of the Project is the same person or are Related Persons; (d) the facility in connection with which the property resulting from the expenditure is used is located in the City, or is a COntiguous or Integrated Facility; and (c) the expenditure was properly chargeable to the capital account of any person or State or local governmental unit (whether or not such person or TENANT is a Principal User of the Project or a Related Person) determined for this purpose, without regard to any rule of the Code which permits expenditures properly chargeable to capital account to be treated as current expenses. City: The City of Columbia Heights, Minnesota. Code: The Internal Revenue Code of 1954, as amended. Contiguous or Integrated Facility: Any facility which is not located in the City but is contiguous to the Project, or which is not located in the City but is located within one-half mile of the Project and functionally related to the Project. Note: The $4,650,000 City of Columbia Heights, Minnesota, Commercial Development Revenue Note (Kraus-Anderson, Inc. Project), Series 1983. Principal User: Any person who leases, subleases, orotherwise uses more than ten (10%) percent, by value, of a facility financed with the procceds of a Small Issue. Prior Small Issue: Any Small Issue issued prior to the issuance of the Note, the proceeds of which will be used primarily with respect to a facility which is either located in the City or is a Contiguous or Integrated Facility, a Principal User of which is or will be a Principal User of the Project or a Related Person to a Principal User of the Project. Pro~ect: The shopping center facility financed with the proceeds of the Note located at 4308 Central Avenue Northeast in the City. Regulations: Any regulations, revenue rulings, revenue procedures,or other written determinations promulgated by the Department of Treasury or the Internal Revenue Service of the government of the United States of America pursuant to the Code. -3- Section 2. Covenants of Tenant: The TENANT recognizes that the Project has been financed from the proceeds of the Note. The TENANT understands that the. Note is a Small Issue and, as such, interest of the Note is exempt from federal income taxation only as long as the "$10,000,000 limitation" imposed by Section 103(b) (6) (D) of the Code has not been exceeded. In order to ensure that interest on the Note continues to be exempt from federal income taxation, the TENANT covenants as follows: (a) The Capital Expenditures of the TENANT, and all Related Persons to the TENANT, as of the date hereof, do not exceed $ -0- · (b) The Capital Expenditures of the TENANT, and all Related Persons to the TENANT with respect to the Project, will not exceed $100t000.00 · (c) The Capital Expenditures of the TENANT, and all Related Persons to the TENANT, paid or incurred after the date hereof, will not exceed $1_00t000.00 · The LANDLORD may waive any of the foregoing Capital Expenditure limitations provided that such waiver is in writing,.is signed by the LANDLORD and the TENANT, and establishes amended limits replacing any one or more of the foregoing limitations. Section 3. Related Persons: The following constitute a complete list of all persons who are Related Persons to the TENANT: None. The TENANT agrees to supplement this list with all persons who become Related Persons to the TENANT after the date hereof. Section 4. Reporting Requirements: Within thirty (30) days after the end of the present fiscal year of the TENANT, and within thirty (30) days after the end of the three following fiscal years of the TENANT, the TENANT shall prepare a "supplemental statement". The "supplemental statement" shall list the date and amount of Capital Expenditures paid or incurred by the TENANT subsequent to the date hereof. Each "supplemental statement" shall be delivered to the LANDLORD as soon as it has been prepared and in no event later than forty-five (45) days after the end of the fiscal year of the TENANT. The TENANT shall also file each "supplemental statement" with the District Director of the Internal Revenue Service with whom the TENANT files its income tax return. Each "supplemental statement" shall be filed with such District Director on or before the due date prescribed for filing the income tax return of the TENANT (without regard to any ~extensions of time). LANDLORD shall assist TENANT in the preparation of such statements and reports. Section 5. Prior Small Issues: The TENANT covenants that there are no outstanding Prior Small Issues with respect to facilities in which the TENANT is a principal user other than those referred to in Exhibit E attached hereto. Section 6. Further Covenants of the Tenant: The TENANT further covenants as follows: -4- (a) The TENANT will not sublease or otherwise transfer or convey any interest in the Leased Premises to the government of the United States of America or any agency or instrumentality thereof. (b) No portion of the Leased Premises will be used as a personal residence. (c) No portion of the Leased Premises will be used in connection with a private or commercial golf course, country club, massage parlor, tennis club, skating facility (including roller skating, skateboard, and ice skating), racquet sports facility (including a handball or racquetball court), hot tub facility, suntan facility or racetrack. (d) No portion of the Leased Premises will be used in connection with retail food and beverage services, automobile sales and service, or the provision of recration or entertainment without the express written consent of the LANDLORD. 14. The rental numbers in Article 1, Section 1 and Article 3, Section 1 of this Lease are based upon the Leased Premises contianing eleven thousand six hundred fifty (11,650) square feet. When the exact Leased Premises are designated, they shall be measured and all numbers in said Article 1, Section 1 and Article 3, Section 1 shall be proportionately adjusted based on said measurements. 15. Renewal O~tion: TENANT, if not in default hereunder, shall have the right or option to renew this Lease for one (L) period of two (2) years upon the expiration of the original term hereof, and for additional period of three (3) years upon the expiration of the first 2-year option, subject to all conditions and agreements herein contained except for the provision as to the payment of fixed annual rent, which fixed annual rent curing the first option period shall be $5.00 per square foot and which fixed annual rent during the second option period shall be $7.50 per square foot. TENANT shall be obligated to notify LANDLORD of its election to exercise an option at least one hundred eighty (180) days prior to the expiration of the original term or term as extended. If no notice is received by LANDLORD at least 180 days prior to the end of the original lease term, this Lease shall expire of its own force and effect. 16. Article 28 is added hereto: TENANT acknowledges that it is operating a liquor store and that the proceeds of a new Industrial Development Revenue Bond issue cannot be used in conjunction with the liquor store. LANDLORD and TENANT agree that no bond proceeds may be used for any improvements attributable to the building in general. No bond proceeds shall be used to construct the liquor store. No repairs, replacements or improvements that benefit generally the shopping center, common are~or the demised premises may be made from the bond proceeds. The parties further agree that TENANT's use of the demised premises is and at all times will be less than ten percent (10%) of the shopping center and TENANT is not a "principal user" of the premises for purposes of Section 103(b) (6) of the Internal Revenue Code. TO BE ATTACHED TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT COVERING SPACE IN THE CENTRAL VALU CENTER SHOPPING CraTER. -5- EXHIBIT E T~%NT may install a sign in the area outlined on the attached Exhibit E-1. The sign shall consist of individ~l back-lit letters of a type consistent with other tenants of the shopping center. Prior to the inst~llation of any sign, TENANT shall suhnit the plans therefore to LANDLORD for its prior approval, which approval shall not be unreason- ably wit~%eld. ~ Prohibited S_ig~s: The fo]lowing type of signs or sign cceponents sb~ll be PROHIBITED: 1. Signs of box or cabinet type employing transparent, translucent, or luminous plastic background panels. 2. Signs employing exposed raoaways, ballast boxes, or transformmrs. 3. ~4oving or rotating signs. 4. Signs employing moving or flashing lights. 5. Signs, letters, symbols, or identification of any nature painted directly on surfaces exterior to the premises. 6. Signs employing unedged or uncapped plastic letters or letters with no returns and exposed fastenings. ® Cloth, wood, paper of cardboard signs, stickers, decals, or painted signs around or on exterior surfaces (doors and/or windows) of the premises. 9. Rooftop signs. 10. Signs employing noise-making devices and components. 11. Signs exhibiting the nan, s, stamps or decals of the sign manufacturer or installer. I I I I "OrrI I I Z EXHIBIT F None. TO BE ATTACHED TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT COVERING SPACE IN THE CENTRAL VALU CENTER SHOPPING CENTER. CITY COUNCIL LETTER lVleefing of: 3/14/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTM~: .,4 CITY MANAGER NO. BY STATE AID OPERATIONS, PROJECTS : DATE: 9321 AND 9322 {~. ~_. Attached are 2 resolutions required under Minnesota Rules 1991, Slate Aid Operations, for the proposed overlay projects on Arthur S~.t N.E., from 39th Ave. to 40th Ave. and on 40th Ave. N.E., from Reservoir Blvd. to Hayes St. and from Arthur St. to Stinson Blvd. The resolution holds harmless the State of Minnesota for granting the variance request to reconsuuct in any other manner than in accordance with Minnesota Rules 8820.9945 (Geometric Design Standards: urban, re. surfacing). A copy of the letter approving the variance from Mn/IX)T Deputy Commissioner, Edwin Cohoon, is attached. Staff recommends adoption of both resolutions. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- .being a Resolution indemnifying the State of Minnesota from certain claims arising from the design variance for Arthur St. N.E. from 39th Ave. N.E. to 40th Ave. N.E. RECOMMENDED MOTION: Move to waive time reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- being a resolution indemnifying the State of Minnesota from certain claims arising from the design variance for 40th Ave. N.E. from Reservoir Blvd. to Hayes St. and from Arthur St. to Stinson Blvd. MAW.'jb 94-118 Attachment COUNCIL ACTION: RESOLUTION NO. 94-. BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS ARISING ON THE DESIGN VARIANCE FOR ARTHUR STREET N.E., FROM 39TH AVENUE TO 44TH AVENUE BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City shall indemnify, save, and hold harmless the Slate of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of the reconstruction of Arthur Street N.E. from 39th Avenue to 40th Avenue in any other manner than in accordance with Minnesota Rules 8820.9945 and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Dated this __ day of ,1.994 Offered by: C1TY OF COLUMBIA HEIGHTS, MINNESOTA Seconded by: By: Roll Call: Joseph Sturdevant Mayor Jo-Anne Student, Council Secrelary ATTEST: I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 14th day of March, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk RESOLUTION NO. 94-__ BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS ARISING ON THE DESIGN VARIANCE FOR 40TH AVENUE N.E., FROM RESERVOIR BOULEVARD TO HAYES ST. AND FROM ARTHUR STREET TO STINSON BOULEVARD BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City shall indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or eanses of action arising out of or by reason of the r~a:onstruction of 40th Avenue N.E., from Reservoir Boulevard to Hayes St. and from Arthur Street to Stinson Boulevard in any other manner than in accordance with Minnesota Rules 8820.9945 and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Dated this~ day of ., 1994 Offered by: CITY OF COLUMBIA HEIGHTS, MINNESOTA Seconded by: By: Roll Call: Joseph Sturdevant Mayor Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 14th day of Mm'eh, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155 January 6, 1994 Mark Winson Columbia Heights City Engineer 637 38th Avenue Northeast Columbia Heights MN 55421 In reply refer to: Request for Variance S.A.P. 113-106-01 (Arthur Avenue Northeast) CITY OF COLUMBIA HEIGHTS Street); S.A.P. 113-112-05 (40th Dear Mr. Winson: Upon the advice of a Variance Committee appointed expressly for the purpose of recommending to me the validity 'of the City of Columbia Heights' request for a variance from Minnesota Rule 8820.9945 so as to permit vertical curves with less than the 30 mph minimum design speed on Arthur Street; and to permit horizontal and vertical design speeds with less than the 30 mph minimum design speed on 40th Avenue Northeast; I hereby GRANT the variance conditional upon appropriate warning signs being placed prior to Reservoir BoUlevard and Hayes Street and at Stinson Boulevard, and that the sag vertical curve at Cleveland Street be illuminated with appropriate Mn/DOT approved lighting. The variance is conditional upon receipt of a resolution by the Columbia Heights City Council that indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of, Lthe reconstruction of Arthur Street Northeast from 39th Avenue to 44th Avenue, and on 40th Avenue from Reservoir Boulevard to Hayes Street and from Arthur Street to Stinson Boulevard in any other manner than in accordance with Minnesota Rules 8820.994~and further agrees to defend at their sole cost and expense any action or proceeding An Equal Opportunity Employer commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Sincer~y, Edwin H. Cohoon Deputy Commissioner cc: Elmer Morris, Metro District CITY COUNCIL LE'ITFER Meeting of: 3/14/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ~l,~ ~o~- ,/~~..~ ITEM: INCREASE IN ENGINEERING CONTRACT BY: NO. FOR LABELLE POND RESTORATION ~'~ ~ DATE: 3/11/94 DATE: "~' (PROJECT #9312) The decision to split the LaBelle Pond Restoration into two construction phases and the requirement to file an Environmental Assessment Worksheet with the DNR to do more than one acre of sediment removal will result in more time being spent by the consultant (HNTB) than was anticipated in the original scope of services. The two phase construction will require the consultant to have additional time in contract document preparation, bid review and construction inspections. The completion of an acceptable EAW will require more time than anticipated in the permit preparation portion of the consultant's proposal. Staff has negotiated what it considers to be a fair increase in the original engineering services contract for the additional scope of work and recommends approval of the change in the contract amount. Attached is a breakdown of the areas in which the increases would occur. RECOMMENDED MOTION: Move to authorize increasing the contract for enl~Jneering services for the LaBelle Pond Restoration (Project #9312) with HNTB by $3,995.00 to $18,777.00 due to changes in the scope of services. MAW:jb 94-143 Attachment COUNCIL ACTION: 0 0 0 7'::: 0 !?:%' 0 ~ o o oo oo 0 0 O0 O0 0 O0 0 III ;~,"E'd SI-IOdUqNNIW 811qH El:II 1;'6, II ~IH_W 00000000 '8 00000000 00~~0~ O00 O0000 c~l 00000000 ~4 d d d d c; d K. 0 0 0 0 o8 0 0 ~'- 0 {,P 0 · - 0 o~ 0 0 0~ 0 0 CITY OF COLUMBIA HEIGHTS MEETING OF: March 14, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MGR NO: 9 CITY MANAGER'S APPROVAL ITEM: ACCEPT DONATION FROM LION'S CLUB FOR BY: P. HENTGES BY: -._---,~.--4 ~3'"'~' BEAUTIFICATIONNo: ~'9~ ~. ~. DATE: 03-10-94 " The Columbia Heights Lion's Club has graciously donated $2,000.00 for a joint beautification project for the 37th and Stinson Avenue area. This beautification project is in conjunction with St. Anthony. RECOMMENDED MOTION: Move to accept $2,000.00 from the Columbia Heights Lion's Club to be used towards a joint beautification project at 37th and Stinson Avenues with St. Anthony. COUNCIL ACTION: 2678 COLUMBIA HEIGHTS LIONS CLUB TOTHE ~ O ~.00__ O R~ ,'O0~B?~,' I:O~.LOODL3~ 50D,,,55~5"' CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER MARCH 11, 1994 CITY MANAGER'S REPORT FOR REGULAR COUNCIL MEETING OF MARCH 14, 1994 1) OPERATIONAL REPORTS Attached are operational reports from various Department Heads indicating significant items undertaken or accomplished for the month of February. 2) SHARED RIDE See attached Shared Ride Expansion and Origination - Destination Report for January, 1994. SHEFFIELD/MCNALTY PROPERTY I've received a purchase agreement for three vacant duplexes located on the 4600 block of Pierce Street in the Sheffield neighborhood. The proposed purchase price for the duplexes is $162,000 or $54,000 per building. This item has been scheduled for consideration at the March 28, 1994, Council meeting. LOAD RESTRICTIONS Load restrictions in the metropolitan zone (including Columbia Heights) go into effect Monday, March 14, 1994. Enclosed please find notice of the restrictions. The notice will be published in the Focus News on March 15, 1994. HAZARDOUS WASTE COLLECTION EVENTS Please find a list of sites and dates for hazardous waste collection. These events will give residents the opportunity to safely dispose of household chemicals including pesticides and oil-based paint at no charge. The event servicing Columbia Heights will be held on June 10 and 11 at Columbia Arena in Fridley. 6) 1995 MWCC BUDGET Enclosed please find a report from Mark Winson concerning the 1994 MWCC rate changes. Projections indicate a 4.7% overall rise in sewer service charges. Their increase reflects inflation nd an increase in debt service. Due to a lack of rebate in 1995 from the 1993 service, Columbia Heights may see an actual increase of about 7.2%. The lack of rebate from 1993 was a result of tightening up of projections of costs and revenue and also reflects the fact that 1993 was a very "wet" year. Mark Winson will be monitoring MWCC budget proceedings. QUEEN'S FLOAT Attached please find information forwarded to the Royalty Coordinator who is responsible for the Queen's float. The Public Works Department provided specific information concerning adding double axle addition to the float. It is my understanding that the committee is looking at fund raising for this project and other improvements to the Queen's float. CITY BUS The Public Works Department conducted a preliminary evaluation on the city bus condition and is concerned about the long-term ability of the bus to pass its transportation certifications. I will schedule a discussion of this at a near future meeting. HONEYWELL CONTRACT Councilmember Nawrocki recently identified ongoing concerns with Honeywell's response at Murzyn Hall. Attached please find correspondence between Honeywell and the City of Columbia Heights regarding various incidents or issues. Additionally, city staff is meeting with Honeywell on a regular basis to monitor the ongoing mechanical and electrical systems at Murzyn Hall. As I indicated previously, we will receive a one year energy management audit from Honeywell around July, 1994, at which time the City Council will be given a formal update on the contract. 10) SOUTHERN ANOKA COUNTY COMMITTEE CONSORTIUM The Southern Anoka County Committee Consortium has been awarded a $12,500 grant from Mercy- Unity to help the SACCC communities to sponsor a community-wide process of developing and promoting values. The Mayors and School Board Chairmen are asked to specifically invite people to attend the kick off meeting and to assist with promotion to make the event available to anyone in our community. The initial meeting will be held on April 7, 1994, at 7 P.M. at Fridley High School, at which time renown sociologist, Dr. Peter Benson, will talk about the process of re-establishing and promoting basic core values in our communities. The forum will likely result in a ongoing process or program to assist communities in establishing the core values and specific events or programs that can reinforce the same. 11) LIBRARY STATE REPORT Attached please find the annual report submitted to the Department of Education on Columbia Heights Library. If you have any additional questions concerning the report, please do not hesitate to contact me or Becky Loader. 12) ZADIAN LAWSUIT Be advised that the creditors of the Columbia Heights Mall and Zadian have formally appealed the tax dispute case to the Court of Appeals. I have met with Zadian representatives concerning the potential sale and/or payment of back taxes on the Business Center. I am hoping to receive a revised proposal on the property on the next 30 to 60 days. 13) STREET SWEEPING PRACTICES Recently, the Metropolitan Council has distributed copies of the Best Practices Report on Street Sweeping. Enclosed please find a memorandum from Public Works on the applicability of these practices to Columbia Heights. Incidentally, Mark Winson is exploring the possibility of cortsolidating the sub-regional utilization or sharing Public Works equipment. For example, a gang approach to street sweeping could be explored or a system of credits whereby equipment would be shared, utilized, or leased out to a jurisdiction could be considered. If this moves forward beyond any preliminary discussion stages, I will keep the Council informed. In the future, I believe the Counc![l needs to specifically discuss service consolidation alternatives. I am not speaking directly to past discussions on the library, but rather consolidation and sharing opportunities in other city departments. Typically, these efforts can result in savings beyond employee reduction such as supplies, cost savings, improved efficiency, or increased service level. 14) SILVER LAKE GEESE REMOVAL Attached please find a letter from Silver Lake Residents' Association concerning the reallocation of costs for goose removal at Silver Lake. Acting St. Anthony .City Manager, Larry Hamer, and myself will be meeting with the Association in the very near future to determine if the removal program is worthwhile or achieved its purpose in previous years. Prior to executing the cost sharing expenditure, I will bring this matter back for approval at the March 28 City Council Meeting. 15) NEI GYM PROBLEMS We are continuing to have problems with the NEI gym. The spring adult basketball payoff may be moved, as a result of a recent incident where an individual bounced the ball in the hall and a superior did not catch and correct the problem in time. I am awaiting more details on the problem and will report the status next week. If you have any additional questions or comments concerning the report or the agenda, please do not hesitate to contact me. Thank you. CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: RE: MARCH 10, 1994 PATRICK HENTGES CITY MANAGER WILLIAM ELRITE FINANCE DIRECTOR OPERATIONAL REPORT FEBRUARY 1994 DEPARTMENTAL GOALS: 1993 AUDIT The audit of HRA, Fire Relief Association, and the City is progressing well. It is anticipated that the auditors will complete their on-site work on March 11. Upon completion the Finance department staff will prepare the annual financial report document. The auditors will review the financial report and it will be issued with the auditors' opinions. 1995 BUDGET Finance department staff have started preliminary work on the 1995 budget. Instruction books and budget work papers will be distributed to department and division heads the end of March. WE:jg 9403101 COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor and City Council Members Chief David Mawhorter -~' if/)'? Operational Report, February 1994 March 3, 1994 I. Events/Accomplishments On February 2, Officers McGee and Fuerst iheld a graduation at Highland Elementary School for 92 D.A.R.E. students. This represented four classes from Highland Elementary. Part I crimes are down 12.2% from February, 1993, reported totals. Part II crimes are up 3.5% from February, 1993, reported totals. Together, Part I and Part II crime is down 2.2% from February, 1993, reported totals. Noncriminal calls for service are up 3.1% fi'om February, 1993, reported totals. This increase is due to the greater number of auto accidents and 2:00 A.M. to 6:00 A.M. parking tickets in 1994. Two-officer assists were factored out of this analysis because the record keeping in this area was not complete in 1993 and, therefore, not accurate. In February, officers assigned general patrol handled an average of 4.7 calls a day and averaged 5.7 hours (of a ten-hour work day) of unobligated patrol time. The busiest shift in February was "A" shift, averaging 6 report,s and 6.3 hours of unobligated patrol. II. Projects and Goals I am completing an analysis of calls for serv!ice by hour of day and day of week. I am also completing an analysis of two-officer assists. I will forward these to you when complete. I have been ordered by the Mayor to work 30 per cent of my time supervising patrol operations on Thursday, Friday, and Saturday nights. In February, I worked 7:00 P.M. to 3:{10 A.M. on 2/10, 3:00 P.M. to 11:00 P.M. on 2/19, and 3:00 P.M. to 11:00 P.M. on 2/20. III. Issues/Problems A. Both Mr. Radajeswski and Mr. Zieman, provisionally licensed taxi drivers, had no violations reported on their records during this evaluation period. DPM:mld 94-077 ,Tz'~ (/3 ~_ g~z~ ~<~ ~ . ~ >Z~ <~oo~ ~ ~ o P&6ES I THRU 4 PAGE 7 PRGE 10 PA6£ 11 PA6E 12 FEBRUARY - lggl MONTHLY REPOR1 CAllS FOR SERVICE BY GRID CLASS I AND CLASS II OFFENSES BY GRID OFFENSE CHART OFFENSE COMPARISON CHART (1993-1994) CAllS FOR SERVICE CHART CAllS FOR SERVICE COMPARISON CHART (]993-1994) CLEARANCES BY GRIO ADUlT/JUVENIlE ARRESTS POLICE VEHICLE OATA CITY GRID MAP F£BIUA~¥ - TRafFIC LA~ VIOLATIO~r, COOE CAll DES~RIPTIfl~ all.Othec lcaffic ticizen /rarllc 800~ open 8uOs Speed/Radar 8o.~ Speed/Non-radar 8005 StoI) sign ado,, Carnies' Driving 8007 Reckies~ Orivinq 8,.d Unreasonab]f Accel~,ration 8009 Over £ente! £ine/Wrong Side Road 8010 Yronq Way on One-Way 8011 lnarope. Passing s012 Follouing Too C/,.,ly 8013 Fail to Yield Right of Way ~014 FTY ROW E~ergency Vehicle 801~ ~,. Or Inproper Signal 8016 Visi.~ Obscured ~017 Perni~ting Illegal Operation 80I~ llleg,! O~ of ~019 ~choo] 8us V]olat]o. gO20 lapeding Traffic 6021 Inproper lurninq ~,i~? Se~aphor. 8051 Defective 8rake_ 8052 DefecCiv Light~ a053 Seat Belts ~05¢ O, fective Tire~ ~055 ~otorcy, l,, Equipment Vt,~la~ion ,O,t. C×haust V~olation 00~7 8u~per Violation 8058 Other Eq.ip~ent Vi,.lations 8100 Parking All OChe~ 8101 Parked Wrong Side of ,Dad 8102 Over~J~ ~orking 8103 ooul.]~ Parkin~ 8104 Parking 2a to o~ (Snoubirds) 810: Parked In RD Pa,l. inq Zone 810b Parked In Xandicapped Zone 8107 Parking On Highuay 8lOs Parked Blocking ~riveuay 810*~ Abandoned Vehi'l. 81iD Parked In Yire Lane 8200 Lic,,ns~ Violatio.*/AJl Othe! ~201 ~,. Oriver'~ License 8202 Xo ~ Drivel'. licen~ 8203 Wrong Hame or Addrec. 8204 Ho oL ~n 820% DL Canc~led/Revoked/bu~pended 8212 ~o Insurance 821~ Expired Tabs 8214 Illegal Us~ of 8216 Ko Registration 8~lB O~her Registration ¥ioiatio... 8221 Bicyc]~ Viola~ions 8223 ~(.ped Yiolation~ 8225 Snou~.hile Yi,lation~ ('On O22~ Citizen Snou~obi]~ £oaplaint 8227 ATV Violation 8220 Citizen AIY Conplaint 8229 O.L. P~cl. Up TOTAl OTXER TRAFFIC Percent of total by .jrid IOIAL IKCIDI:HT~, RErORTFO 8Y R£PORTIHG 5RID I ? 3 4 ', ,, t 8 9 lO 11 l.' l.~ 14 1.~ It, IT 18 1~ /0 TOTAl 2 I I I I l I 2 I 3 I I 9 7 I :, I 0 o I I I 0 I 1 0 I 1 I 1 0 I I ,' 1 I I l~, ~ I ~ I o 0 o 0 I 1 I I I 3 I ? I I ,' tA 8 4 t z / ~ Zu ,', 7 ~4 ,'h 14 10 21 ~ Z~ 28 4 214 1 I i ] 1 I 3 I I 1 I i I 2 I I 2 7 I I I I I I I i 5 13 I 1 I 1 U I{ ................................................................................. 3t It It It O~ 3t St 19I 2~ 8t 9t 4t 3t lOt 5t 8t 8t Ot 8t It lOOt ~ART 1I INCIDENTS - LOST AND FOUND TOTAL INCIDENTS REPORTED BY REPORTIN6 GRID CODE DESCRIPTION 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 TOTAL 0 1 1 2 1 1 1 3 0 0 2 2 1 2 4 I 1 9 0 I 0 0 0 0 0 3 0 0 0 I 0 0 0 4 0 2 2 3 16 Ot 61 Ot Ot Ot Ot Ot 1gl Ot Ot Ot 61 Ot Ot Ot 2St Ot 131 131 191 1001 8300 Lost AIl Other 8301 #issing Persons 8302 Lost Property 8303 Ualkaways (Adult) 8310 Found Al! Other 8311 Found Person 8312 Found Property TOTAL LOST ANO FOUND Percent of total by grid PART III NOTOR VEHICLE AND OTHER ACC[OENTS CODE DESCRIPTION TOTAL INCIDENTS REPORTED BY REPORTIN6 6RID I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL 8400 Motor Vehicle Accident (Al] Other) 8410 Fatal Motor Vehicle Accident 8420 PI Motor Vehicle Accident 8430 PI Hit and Run 8440 PD Accident 8450 PO Hit and Run 8460 Bicycle ACDT (No Motor Vehicle) 8500 AIl Other ATV/Snoumobile Acdt. 8501 Fatal ATV/Snomobile accidents 8502 Personal Injury kTV/Snomobile acdt. 8503 Property Oaeage ATV/Snomobile acdt. 8510 AIl Other 8Dating accidents 8511 Fatal 8oat Accidents 8512 Personal Injury Boat Accidents 8513 Property Damage Boat Accidents 8520 AIl Other Public Accidents 8521 Electrical Shock Public 8522 Fails Public 8523 Burns Public 8540 AIl Other Occupational Accidents 8541 Electrical Shock 8542 Falls 8543 Handling Objects (Lifting, etc.) 8544 Cuts 8550 Firearms Accidents Other 8551 Pistol Accidents 8552 Rifle Accidents RS53 Shotgun Accidents TOTAL ACCIDENTS AND FALLS Percent of total by grid 2 2 2 3 4 6 S 2 2 2 5 2 7 4 2 6 6 3 10 0 1 4 0 52 19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 2 9 4 0 0 9 7 2 0 ! 2 2 5 4 7 4 2 16 0 76 01 31 12t 51 OT Ot 121 91 3I 01 11 31 31 71 51 9l 51 31 211 01 I ~AR! iV HiS~. 01H£~ ~$60 AIl Other Anzna! Cooplaints ~S6! Oog 8it~ 85hz Cat Bite 8563 Lost Anioal~ 8665 uead Aninal Pick Op 8566 Anina] Co~plaint/Ooq 8567 Animal Cooplaint/Wild Aninal 8568 Animal Conplaint/Cat 8~6~ Animal Co=plaint/Other 8570 Aniea] Pick u@/Oog 857L Anioa] PicL up/Cat 8572 Animal Pick up/Wild 8600 Fir~ [ Assisted CHFO 8bOi Fire~ [ Illegal Burning 8700 Suicides 8701 suicid, Ath~pt~ 870? suicide Threatc 872u Sudden ueath/BoJi~ F~und 8730 Sick cared For ! Nedical Assist 8731 E~ergency ~edical £o~mitt~ent 8740 Xental Cas~, 8741 E~ergency Nental Connittoent T~TAI ACClOEHTS AHa) FALLS hrcent of total by ~rid tlA$~ V IHCIOEHTS KISCELEAN[OII~ PUBLIc CArl nESCRIPTIOH 880. All oth~, 8~0! OoaestH u~spute 8802 Neighborhood O~put~. 8803 Civil R~Slsl 880¢ Unuanted Person~ ~a~,, Luud ParCh. 88oh ~uvenile Co~plainh 8~07 ~ar Lock.ut 880u Su..piciou Vehicle 8alu ~u~piciou~ ~ccurrence ~811 Welfare Check 8812 Eaergen~y ~e~sag. Oeltver¥ 8813 8uildin~ Check 8814 Oisturbance 8815 Public Assist Person 881~ Public Assist Vehicle 8817 Alarms/8ank 8818 Alara~/Other Business 8819 Alaras/Ho=e 8820 Alaras/Other 8821 Funeral Escort 8822 ~azardo. ~onditions 8823 Health Hazard 8824 Huisance Violation~ 8a25 Vacation House check 8825 Fire Work~ Oischarage TOTAL NISCELLANtuU. I'UBL]L Percent of CoCa] by grid 101AL INClOiN1~ RLPflULu 8Y REPuRTIN6 6RI, IOIAI INLIDENT~ REP~IRTEO 8Y REPORTING 6RIO I .' 3 4 S ~, ; 8 9 Iv Il l; 13 14 15 IL, 17 IR 19 .'e IOIAI I ~ l 4 I ,' 2 ? I 3 6 14 ?, 2 I l 4 1 I 1 Il I I 3 I 11 I 3 I I I ,' I 1 ¢ I I 2 9 I 3 1 1 i I I 1 2 I 3 I I , I Z I I 1 ~ I I z ., / 3 3 I Ii, ," ,~ 4 I 7 ? I I I 1 I I I I 1 I I I I 7 3 1 lO 19 Ii ~7 41 43 28 15 i9 14 0 0 lu 11 i2 1~ .' 15 lb 85 3 30 Z9 11 19 24 8 41 ZO 11 5.' 4~ 46{ 3t 2% 3t 3t Ot 3t 3t 18t It 6I 6t 2l 4t St 2t 9% 4t 21 lit lot lOOt TOTAL INCIDENTS REPORTED BY REPORTING GRID ~ISCELLI~N£OUS OFFICER I 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL 8900 AIl Other Non-Classified 8901 Outside Assist ACSO 8902 Outside Assist #N State Patrol 8903 Outside Assist #N DNR 8904 Outside Assist Other PO 8905 Outside Assist Other Agency 890G OETOX 8907 Police Inforeation 8908 Open ODor/Business 8909 Open ODor/Other 8910 Serve Sueeons/Crieina! 8911 Serve Sueeons/Civil 8912 Bank Run 8913 Bank Bun/City 8914 Warrant Arrest/City 8915 #arrant Arrest/Outside Agency 891G Warrant Nennepin County 8917 Warrant Anoka County 8918 Warrant Baese~ County 8919 Warrant Juvenile 8920 Search Warrant Arrest 8921 Eeergency Transport 8922 Vehicle Inspection 8923 Special Oetail 8999 AssistJ2 can Call CHPO TOTAL MISCELLANEOUS OFFICER Percent of total by 9rid 1 2 1 2 5 I 2 2 1 1 1 1 1 1 I 1 1 1 2 2 1 1 1 2 1 1 1 1 2 5 S 0 0 1 I 3 16 6 1 1 1 1 17 I 4 2 14 2 4 1 1 4 0 0 0 0 0 0 1 I 2 1 1 5 0 1 1 0 1 0 0 7 9 7 3 2 11 11 52 18 29 10 5 27 10 25 18 4 42 S5 355 10 10 9 5 2 12 12 76 0 21 34 13 6 32 11 37 20 5 51 64 430 21 2t 2t 11 01 31 31 181 01 5181 31 11 71 31 9I 51 11 121 151 1001 GRAND TOTAL NON-CRIMINAL CALLS I 39 30 37 29$ 45 62 264 16 91 102 48 45 11! 49 128 84 24 166 127 1503 GRAND TOTAL PERCENT BY GRID I 31 21 21 21 01 31 41 181 11 61 71 3l 31 71 31 91 Gl 21 111 81 1001 TOTAL ]NClDEHTS REPORTEO 8Y ~EP,RTING GRin PART I CRIAi I 2 3 I ~, ~, 7 8 ~ LO 11 L: 13 L4 15 1~ 17 18 1~ 20 T~ITAI ~urder Rape Robbery Assault Burglary Larceny Auto Theft Arson TOIAL PART I CRI~E Percent of total by grid I I I 1 I 1 I I I I I I I 1 I Z I l I I 9 3 I I 2 3 1 I 8 ~ ~ 2 I I 3 I z 2 I 2 I I 12 1 4 3 u z 4 ¢ 0 z I 15 14 i2 It 3t 3t It 3t It It lit Il 6t 4t Ot 3t 6t 6t Ot 3t It 2It 19t lOOt PAR1 Tl~u CRIAc Other Assaults Forgery/Counterfeit Fraud EDbezzIement Stolen Property VandaJis~ ffeapons Prostitution Other sex offens, Narcotic~ Total Gambling Total Family/Children O,U.I. Liqu., tau~ Orunkennes~ uisorderly Vagrancy Other ( ,. Traffic) TOTAL PART .' CRIkc Percent of total hy grid TOTAL PART I ARll ~ CRIKF Percent of total by grid ORAH, TOTAl Ffl~ THE ,;ONIH Percent of total by q~id IOTAL INtIOEHTR REPORIEO BY REPORTIN6 6RD J 2 3 4 5 ,, 7 8 9 10 11 12 13 14 lb J6 17 18 19 ~O TOTAL I I I I 9 Z I I 3 I ! 25 I 3 I 5 15 I R I ~:, 0 i 1 I i I I I 3 : I ~ : 4 Y? O o 4 I 2 1 I ~ O ! I / I I I I I 5 t 1 I 4 I I 7 u ~u ,, 4 L) n 5 4 28 ,' 8 7 · I 12 ~ 5 4 h 16 14 146 lit 4t 3t Ot Ot 3t 3t 19t It St 5t It It 8t 1% 3t 3t 4t lit lot lOOt 21 , ,, I : 6 5 lO ~ 17 lO ~ 3 lb 6 5 i, 7 31 28 218 lot 4t 3t Ot il 3% 2t 1St 1t 6t St il Il lI 3t 2t 3t 3% 14t 13t lOOt I 60 38 43 30 8 Si 67 304 19 103 Jig 5u 48 127 b5 133 90 31 i97 i55 i?2i 3t 2t 2I 2t Ot 3t 4t 18t it 6t li 31 3t II 3t 8t St 2t lit 9t lOOt [F[EB 9� Q[F[F[E�SES CLASS I AND CLASS II GRID 8 �4 0 ALL OTHER GRIDS 119 TOTAL -218 HILLTOP 28 FE8�UA�Y OFFE�8E8 93 -94 COMPARISON 140 .-------------------� 120 .............................. , •••••••••••• .... •••••••••••••••••••••••••T••• .. ••••••••••••• .. •••••• .. 0-HH•••••••••••••�, ••. ,� .. ,, .......... , •• , ........... ,_ ... 100 ,-.. 8 0 -··-··-······· ........................................ , ......................... -......... --··--···---·-··-·-··· .. ·-···-· ................ -................... _ 60 t-·---_,-, ........................ , ............. _ .. -.... ".................. . 20 ,-..... 0 I{\\(\\{\{{ GRID 8 GRID 19 HILLTOP ALL OTHER GRIDS -1993 -1994 1993 -223 1994 -218 [F[E[B[R(UA[RY 9� CALLS FOR SERVICE GRID 19 166 �:-: <:::·:�. : ... : . .:. ALL OTHER GRIDS 946 TOTAL -1503 GRID 8 264 HILLTOP 127 [r[E[B[RlUJArRY CFS 93 -94 COMPARISON 1000�----------------� 8 0 0 ,-.., .. -••••.,.,••·•-. •-•••••---•••·••••••-••••••-•••••• ... •.,•• .. •••-•M•••••• •·•• .. ••-•••••"•"••••••• ,-.. • ... ,_, •• _.,,., O•••-•"•·-••-•••••M-••••• 6 0 0 ,-. ... -··· .. ·-··----·-·-··-·--··-.. -·---...... .,_,. ... ___ ....... --.... -,., ... , ...... ,,, .,_,. .... --·--.,,. ____ .,,,_ "-· .... 400 -u-•--,_.,,, ..... ,.. ••••••-••••••"-•••••••·••.-.•••••-• .. u• .. •"n •••-·� I• •·••••n -••••·•--••n•t• -••oon- 200 -....,\\\\\\\\\,,..,_••"-""-"""'"--""• .. ••-., ... _,"" •• "'""• __ , • ., • .,_,.,., • .,., •• ., • ., • ... ,..,., M• M 0 0 GRID 8 93 -1204 94 -1503 GRID 19 HILLTOP OTHER GRIDS -1993 -1994 OR,D 1 2 3 6 7 8 10 12 13 14 16 18 19 2O TOTALS OFFENSES REPORTED 21 0 1 2 6 S ~0 3 10 2 3 ]6 6 6 7 31 28 218 CLEARANCE DY GRID FEBRUARY 199q UNFOUNDED 2 ACTUAL OFFENSES 21 8 6 ! 2 6 4O 3 10 3 15 6 S S 7 31 28 216 OFFENSES CLEARED 16 3 3 O 0 2 ! 21 6 3 1 0 0 ! 1 12 10 91 PERCENT CLEARED 76.1 37.5 50 0 0 33.3 20 52.5 66.6 3O 0 46.6 0 4O 2O 42.8 38.7 35.7 42.1 ARRESTS FEB - 1994 CLASS]FICATIO~ OF OFFEHSE CLASS I Criuinal Homicide Rape ~obber) ~ggravated Assault Burglary Larceny Auto Theft Arson CLASS ! TOTAl THIS MONTH Adult Juvenile 1 1 1 I THIS YEAk TO DATE Adult JuvenJlL I 0 o b 0 0 I 1 ~ 0 7 11 I o I 0 13 1~ SANE mONTH lAST YEAk Adult Juv~nih LAS1 YEAk TO DATE Adult Ju,,enile I I I 1 I 1 18 ~ 29 lO 1 I 20 11 31 12 CLASS Other Assault Forgery/Counterftn~ Fraud Elbezzlement Stolen Property Buy, Sell, Etc Vandalism I~eapons Violations Prostitution Other Se> Narc-Drug Laus 6ambiino Family-U, ildre, u.lJ.I. Liquor taus uisorderly Conduc. t Other/Except Tral. Curfeu/Loiterinq Runauay CLASS ~ TOTAL '1 1 12 39 11 19 o 23 0 0 0 U I) I! t! 3~ 1! 98 11 1 10 ! i 24 63 24 1 15 Il 9~ ? 1 4 6RANO IOTAL 43 14 111 38 83 19 1~1, 38 NZLEAGE OF VEHICLE POLICE VEHICLE DATA FEB 94 THES YEAR SAKE NONTH LAST YEAR TRZS #ONTH TO DATE LAST YEAR TO DATE VEHICLE i42 196 612 VEHICLE t45 762 932 VEHICLE 150 294 830 VEHZCLE t51 765 1132 VEHICLE 152 754 1142 VEHICLE t53 478 707 VEHICLE 154 78 274 VEHICLE 155 1212 3755 VEHICLE 156 197 546 VEHICLE 157 861 1855 VEHIC,E t58 1187 2310 VEHICLE t60 1349 2983 VEHICLE t61 2730 5532 VEHICLE 162 L857 3270 VEHICLE t63 1975 4194 TOTALS 14700 30074 Rot Available 6AS USED VEHICLE 142 15 33.3 VEHICLE t45 61.4 78.6 VEHICLE 150 6L.t L53.9 VEHICLE t51 87.2 138.6 VEHICLE t52 70 106.1 VEHICLE t53 40.6 69.3 VEHICLE t54 5.1 37.6 VEHICLE t55 167.5 525.6 VEHICLE t56 11 33.8 VEHICLE i57 89.9 195.8 VEHICLE 158 123.1 240.1 VEHICLE 160 L30.6 293.3 VEHICLE 16L 283.7 590.3 VEHICLE 162 194.5 343.6 VEHICLE 163 220.5 479.! TOTALS: 1561.2 3319 Not Available Oi !,,, !t! I' ~ ~i Ill CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WINSON /~0 PUBLIC WORKS DIRECTOR/CITY ENGINEER OPERATIONAL REPORT - FEBRUARY MARCH 7, 1994 SIGNIFICANT ACCOMPLISHMENTS General Responded to 44 Gopher State One-Call requests. Interviewed Rich Gill and Terry Randall for position of Utility Foreman. Winterized City properties in Sheffield area. Application was made for SBA Tree grant. Sewer & Water Repaired 30" storm outlet at Silver Lake. Repaired water break at 4622 Tyler. Shoveled snow at Library. Shoveled snow around fire hydrants. Rick Gill and Mark Baker attended MWOA School. Cleaned Sullivan Lake wet well. Mechanical failure of Pump Station No. 1 at Sullivan Lake - parts ordered. Removed ice from roof gutters at JPM. Cross-trained Park Department on Lift Stations and Pump Stations. Service call to Connelly Industrial Electronics to check out problems at Chatham Lift Station (telemetry fail), Pump Station No. 2 (generator fail) and water tower (telemetry fail). 37 Delinquent accounts. Water meter installation at 4300 Central. 1129 43rd service leak. 13 frozen water services. Court appearance for 4144 5th St. service leak. Operational Report - February March 7, 1994 Page 2 Streets Parks General maintenance at pump houses and lift stations. Assisted with snow plowing and removal operations. Snow removal - Central Ave., 37th to 45th. Snow removal - 40th University to Hayes. Snow removal - areas around churches and schools. Mixed salt sand twice. Trimmed trees at Sullivan Lake. Patched potholes. Plowed alleys during warm weather to remove rots. Plowed entire City two times. Sanded streets as required. Snow removal from Library. Snow removal from Liquor Store #3. Opened frozen catch basins. Removed tar and cleaned patch truck. Continued work on MSC storage area. Prestemon Park building was winterized. Maintained skating finks. Plowed sidewalks. Closed skating rinks - February 28, 1994. Installed low temp thermostat guards at Park buildings. Cleaned MSC floor twice. Assisted with snow plowing and removal operations. Removed snow from JPM roof. Put out "thin ice" signs. Replaced thresholds at Gauvitte building. Derald Hadtrath and Jeff Kline attended Pesticide School. Picked litter and emptied trash as required. Performed maintenance to buildings and lights as required. Operational Report - February March 7, 1994 Page 3 Engineering Continued work on several projects as follows: Mill Street project. 38th and 39th Avenue project from University Avenue Service Road to Jefferson St. LaBelle Park East Bank project. Silver Lake Park holding pond. Storm sewer, west of 5th St. from 37th-38th Avenues. Railroad crossing on Stinson Blvd, north of 37th Ave. Miscellaneous surveys. GIS - utilities. Continued working with City of Fridley on North Corporate Limit storm drainage and Highland Lake Diversion. Continued working with HNTB on LaBelle Pond Water Quality Improvements. Technical Certification Concrete II - Dave Hauswirth and Rich Nordstrom. Grading and Base II - Dave Hauswirth. MAW:jb 94-140 City of Columbia Heights Recreation Department TO: FROM: RE: DATE: Patrick Hentges, City Manager Mark S. Casey, Director of Recreation Operational Report, February 1 - February' 28 March 1, 1994 Administration At the joint meeting of the City Council and Park and Recreation Commission on March 23, 1994, it was agreed to send out a three fold information brochure and survey through the City newsletter on the proposed Multi-Use Center. 1994 spring program information has now begun. On March 30, 1994, Super Sign- Up Night will run from 5:00 to 7:00 p.m. Last year over 250 registrations were taken on Super Sign-Up Night. On March 14, 1994, a meeting was helcI with representatives of NEI-College of Technology and the City to help iron out facility usage problems/concerns that NEI has raised. Recreation 3. 4. 5. A fight broke out at the 5-Man Full Courl' Basketball league on March 23, 1994. Both players were suspended for the remainder of the season. Youth Wrestling and Winter Gymnastics wrapped up their seasons. First & Second Grade Basketball began with fifty-five (55) participants. A volunteer Equipment Room manager/field supervisor recently started. Joyce English, student intern, began her spring internship with the recreation department. Open Sundays, Men's Activity Night, Co-Rec Volleyball, 5-Man Basketball, and Junior Hylander Traveling Basketball programs were conducted throughout the month of February. Seniors Free income tax service was offered to seniors in the center on February 8 and 22. Twenty-four (24) seniors continued the Line Dancing class held on Tuesday mornings from 11:00-12:00 noon. Eighteen (18) seniors participated in the Lunch and Limo trip held on February 1(]. Fifty-two (52) seniors attended a Valentine Party in the center on February 15. Twenty-two (22) seniors participated in ar~ outing to Sports Spree for mini golf and lunch on February 18. Twenty-six (26) seniors participated in a trip to the Bell Museum of Natural History and the Raptor Center on February 23. Page Two Operational Report, Feb. 1 - Feb. 28 D. Volunteer Three interns, one in Inspections, two in Recreation, began their internships in January. A volunteer was placed with the Recreation Depadment to manage the equipment room and distribute recreation equipment to coaches. A presentation was done by the Volunteer Coordinator and the Chairperson of the Celebrate Heights Pride picnic committee for the school board. School district staff have been involved in the Celebrate Heights Pride activities. The Stenciling Project was the focus of the Volunteer Coordinator's involvement in the cable calendar show. Youth groups, and adults have shown an interest in participating in this project. Stenciling of 'the catch basins will begin in May. The Columbia Heights Beautification Project accepted an award from the Minnesota Green on February 26 for their 1993 work. This group will be planting the 1994 gardens on May 21. John P. Mu~yn Hall In 1994, thirty-three (33) out of fifty-two (52) Fridays and forty-eight (48) out of fifty- two (52) Saturdays are booked. In 1995, four (4) out of fifty-two (52) Fridays and twenty-nine (29) out of fifty-two (52) Saturdays are booked. Each year the main hall's wood floor is refinished, and once again Bill Antzaras did an outstanding job. t OLUlVlRIA HEIGHTS PURLIC LII RARY · It)Ih AVI-NUI- Iq I . I,L,II i ~.;, MI'J '.,.'.12 PI IO1',11.~: (0 12) t:AX: 0,12) TO: FROM: CITY OF COLUMBIA HEIGHTS SUBJECT: Patrick Hentges, City Manager M. Rebecca Loader, Library Director~v( February, 1994, operational report DATE: March 3, 1994 Significant Accomplishments A. ~e Board met on 2/1 with all members in attendance. B. rl~e Friends met on 2/7 with 10 members present. C. Thirty people attended Senior Citizen Filmtime on 2/9. D. Six sessions of pre-school storytime were held in February with a total of 72 attending. E. Six sessions of Tiny Tots were held in February with a total of 134 attending. II. Departmental Coals [II. A. Becky attended the quarterly automation meeting on 2/3. B. Read-to-Me Club started 2/7 and has 83 registered so far. C. Becky attended a public service meeting on 2/17 for librarians in Anoka County. D. M~rsha participated in Highland Elementary's 1-Love-To-Read program on 2/18. E. Jeanine participated in a cable shoot 2/25. F. l~e elevator/restroom project pre-construction meeting was held 2/25. C. The adult reading club, "Books--the other Channel," started 2/28 with 34 registered so far. Both editions of the library's 1993 annual report are completed and submitted. Issues and Problems A. None January Circulation LIBGIS 1993 1994 1993 1994 Adult 6,647 6,658 Reference 2,437 2,224 Juvenile 5,260 4,926 Dir. A 394 286 11,907 11,584 Dir. B 34 79 Work days 24 24 February Circulation LIBGIS 1993 1994 1993 1994 Adult 6,634 6,377 Reference 2,506 2,298 Juvenile 6,029 5,319 Dir. A 793 233 12,663 11,696 Dir. B 60 68 Work days 23 23 ret:V, .,,d i,.,per On January 25, 1994, I had the opportunity to attend the Munici-Pals winter workshop. The theme of the workshop was successful strategies for providing service in the public sector. The program was presented in two parts. The morning session was presented by Vicki Perri and was entitled: 'Going for the gold'. This speaker was very energetic and enthusiastic. The main focus of her presentation was providing customer-driven service in your organization. She reminded us that the 'customer" is not only the citizens whom we come in contact with, but also it can be co-workers. These co- workers can be from another department or from within our own department. I will be able to incorporate several ideas she presented in my daily contacts with patrons and the people I work with. The afternoon speaker was, James Connolly. His session was entitled: 'Creating a positive communication climate." This speaker used humor to make his points. He did an excellent job of making one think about what communication really is. He stressea that language is just one component of communication. C)ther components include attitude, non-verbal and listening. He focused on how to communicate effectively with co-workers in order to provide a team effort to serve the citizens. I felt both speakers were excellent, and I will be able to focus on and use the ideas they presented in my daily tasks. I appreciate the opportunity to attend this workshop and to become more effective in my position. On February 1, 1994 I attended the MUNICI-PALS WINTER WORKSHOP on Successful Strategies for Providing Service in the Public Sector. Our first speaker, Vicki Perri, spoke of customer service for municipal employees. She spoke of customer driven organizations in which the customer is the most valuable asset - the most important part of the business. Even though the customer may not always be right, you don't need to focus on who is correct, but making sure the customer received what he came in for. She gave us a few suggestions on ways to improve customer service. One way was to clean up the 'coffee stains", which simply means that the customer remembers the little things; it's the little things that matter. She was very enthusiastic and used a short film, audio cassettes, and brought books and posters on customer service to get her message across. Our second speaker was James Connolly, a professor in the Department of Rhetoric at the University of Minnesota. His topic was how Creating a Positive Communication Climate in your Organization Leads to Better Service. Communication is in your attitude, language, (verbal and non-verbal), and how listening is a major part of communication. He talked about how communication can lead to better service. It's not what you say, but how you say it. It's not enough just to say the words, but to really mean them. He presented his topic in an entertaining manner. I thought he was a very good speaker. I appreciate the opportunity to attend the winter session of munici-pals and look forward to upcoming workshops. Kelly Olson On February 1, 1994 I attended the MUNICI-PALS WINTER WORKSHOP on Successful Strategies for Providing Service in the Public Sector. Our first speaker, Vicki Perri, spoke of customer service for municipal employees. She spoke of customer driven organizations in which the custorner is the most valuable asset - the most important part of the business. Even though the customer may not always be right, you don't need to focus on who is correct, but making sure the customer received what he came in for. She gave us a few suggestions on ways to improve customer service. One way was to clean up the "coffee stains", which simply means that the customer remembers the little things; it's the little things that matter. She was very enthusiastic and used a short film, audio cassettes, and brought books and posters on customer service to get I~er message across. Our second speaker was James Connolly, a professor in the Department of Rhetoric at the University of Minnesota. His topic was how Creating a Positive Communication Climate in your Organization Leads to Better Service. Communication i's in your attitude, language, (verbal and non-verbal), and how listening is a major part of communication. He talked about how communication can lead to better service. It's not what you say, but how you say it. It's not enough just to say the words, but to really mean them. He presented his topic in an entertaining manner. I thought he was a very good speaker. I appreciate the opportunity to attend the winter session of munici-pals and look forward to upcoming workshops. Kelly Olson On January 25, 1994, I had the opportunity to attend the Munici-Pals winter workshop. The theme of the workshop was successful strategies for providing service in the public sector. The program was presented in two parts. The morning session was presented by Vicki Per,ri and was entitled: "Going for the gold". This speaker was very energetic and enthusiastic. Tl"~e main focus of her presentation was providing customer-driven service in your organization. She reminded us that the "customer" is not only the citizens whom we come in contact with, but also it can be co-workers. These co- workers can be from another department or from within our own department. I will be able to incorporate several ideas she presented in my daily contacts with patrons and the people I work with. The afternoon speaker was, James Connolly. His session was entitled: "Creating a positive communication climate." This speaker used humor to make his points. He did an excellent job of making one think about what communication really is. He stresse(~ that language is just one component of communication. Other components include attitude, non-verbal and listening. He focused on how to communicate effectively with co-workers in order to provide a team etfort to serve the citizens. I felt both speakers were excellent, and I will be able to focus on and use the ideas they presented in my daily tasks. I appreciate the opportunity to attend this workshop and to become more effective in my position. COLUMBIA HEIGHTS FIRE DEPARTMENT To: From: Subject: Date: Pat Hentges, City Manager Charles Kcwatt, Fire Chief Operation Report March 3, 1994 A. Significant Accomplishments Operation Report February 1994 o Emergency Medical Calls - 86 Fire or Good Intent Calls - 24 Classification of Alarms Still Alarms - 105 Company Alarms - 4 General Alarms - 1 Total Calls for the Month - 110 Other 195 263 8 Structure Fire w/property loss 1) February 14 2227 Highland Place Hours Station-Duty (paid-on-call ~rsonnel) Hours Training (all personnel) Hilltop Calls Garage $3,000 loss B. Status of Deparnnent Goals 1. No Report. C. Issues or Problems 1. No Report. CWK:cf 94-30 NOTICE OF LOAD LIMITS The City Council of the City of Columbia Heights has declared load restrictions on streets under the jursdicfion of the City. Load restrictions will commence on the 14th day of March , 1994, and continue until the load restrictions on the State Trunk Highways in the seven county metropolitan area are terminated. No vehicle shall be driven or operated upon any street or public: highway in the City where the weight of such a vehicle exceeds: 4 TON PER AXLE This weight restriction shall not apply on streets designated as Municipal State Aid (M.S.A.). On M.S.A. streets, the weight of any vehicle shall not exceed: 7 TON PER AXLE Exceptions are as follows: Church buses, school buses, other public transportation vehicles and garbage trucks are exempt from such restrictions. 2. Special permits may be issued by the City Engineer for vehicular weight on any street not to exceed: 5 TON PER AXLE The above special permit may be extended on Municipal State Aid Streets to: 9 TON PER AXLE o State and County roads are under the jurisdiction of the respective agencies. Questions regarding vehicular travel on these roads should be referred to that agency. The special permits are issued by the City Engineer on a case-by-case basis. Please contact the City Engineer's Office for further information or permits. Address: 637 - 38th Avenue N.E. Columbia Heights, MN 55421 Phone: 782-2883 O COUNTY Of ANOKA Office of the County Board of Commissioners GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 - (612) 323-5680 PAUL McCARRON Anoka County Commissioner District #6 - Bhiine - Circle Pines - Fridley - Spring Lake Park February 22, 1994 Mr. Stuart Anderson Manager, City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Mr. Anderson: I am pleased to inform you that Anoka County will sponsor four household hazardous waste collection events in 1994. These events give residents the opportunity to safely dispose of household chemicals such as pesticides and oil-based paint at no charge. Household hazardous waste collection events have a very positive effect on our communities and the environment. The 1994 household hazardous waste collection event schedule is as follows: April 22 and 23; Anoka County Fairgrounds, Anoka Expected Sep:ice Area: Andover, Anoka, Bums, Coon Rapids and Ramsey June 10 and 11; Columbia Arena, Fridley Expected Service Area: Columbia Heights, Hilltop, Fridley and Spring Lake Park August 27; East Bethel Community School, East Bethel Expected Service Area: Bethel, East Bethel, Linwood, Oak Grove and St. Francis October 7 and 8; National Sports Center, Blaine Expected Service.~'ea.' -' Blaine, ?,~,~m,~rvi!le,*~ ' Circle Pines, Columbus, Ham Lake, Lexington and Lino Lakes (over) Mailing Address: P.O. Box 32610, Fridley, Minnesota 55432 Affirmative Action / Equal Opportunity Employer Cooperation between municipalities and the County has been an essenti;q paX. of successful collection events in the past. We look forward to working with you a~,,,in _:t: _,'.,~94. P.~ease contact Amy Roering, Problem Materials Program Specialist, at 323-5';'32 i'r you have any questions. Sincerely. AR Commissioner Paul McCarron Facilitator, Solid Waste Abatement Advisory Task Force cc: Elwyn Tinklenberg, Public Services Division Manager Amy Roering, Problem Materials Specialist CITY OF COLUMBIA HEIGHTS Public Works Depamnent TO: FROM: PATRICK HENTGES CITY MANAGER ,~j]~ MARK A. WINSON /"[n PUBLIC WORKS DIRECTOR/CITY ENGINEER SUBJECT: MWCC 1995 BUDGET DATE: FEBRUARY 28, 1994 On February 25 I attended a MWCC budget meeting. This meeting was one in a series of meetings around the metro area for local governments ancl industrial users to provide information and look for feedback on the MWCC 1995 budget. Current projections by MWCC indicate an overall rise in sewer service charges of 4.7%. This rise reflects inflation and an increase in their debt service. Due to a lack of rebate in '95 from 1993 service, the actual rise from '94 will be 7.2%. The lack of rebate from the 1993 year was explained as a result of MWCC tightening up their projections of costs and revenue. It also related to the fact that 1993 was a very "wet" year. Other items that were discussed were: MWCC has negotiated with the EPA and the Minnesota PCA for their new discharge permit. Originally it was considered that there would be major costs involved in phosphorous control measures that MWCC would be required to implement as part of their new permit. MWCC was able to show that high phosphorous loadings in the Minnesota River were not necessarily due to their discharge. MWCC did agree to spend 2.5 million dollars a year for the next 5 years on phosphorous reduction. This offsets what had been an anticipated capital expenditme of 200 million dollars and 8 million dollars per year in operating costs if the original conditions of the discharge permit had been implemented. MWCC also indicated that in '93 they were able to show savings through improved asset management, fleet management, and by becoming self-insured. I anticipate that there will be several more meetings open to the public as MWCC works through its budget procedure. I will plan on attending any of these meetings and reporting back to you and the Council on the results of the meetings. MAW:jb 94-117 CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER sJ~ pMuABR~I cA 'W~RINKS?DNI R~FO~R/C ITY ENGINEER QUEEN'S FLOAT MARCH 1, 1994 Per the request of Patricia Olynyk, Royalty Coordinator, we have taken a look at the Queen's Float with regard to increasing its stability. The float itself is 93" wide. The existing single axle is approximately 48" wide which would tend to make the float unstable, especially at highway speeds. As Mrs. Olynyk had requested that we look at 2 or more axles, we've put together the following estimate: Install (2) 6' axles using the existing electric brakes, hubs, wheels and fires: 40' 4" channel $ 86.40 2 axles, 2 hubs, 2 wheels, 4 springs $ 316.00 2 tires $ 98.00 Tax $ 32.53 Labor (16 hours @ $37/hr.) TOTAL $ 532.93 $ 592.00 $1,124.93 Please advise on whether to proceed. MAW:jb 94-121 TO: CITY OF COLUMBIA HEIGHTS Public works Department PATRICK HENTGES CITY MANAGER FROM: MARK A. WINSON d~ ': ~''' · PUBLIC WORKS DIRECTOR/CITY ENGINEER CITY BUS MARCH 1, 1994 SUBJECT: DATE: Please see the attached memo from Tom Hosch, Shop Foreman, regarding the condition of the City bus. The City bus does get used, at no charge, by resident groups on a faiffy regular basis. Usage in 1992 was 33 trips and in 1993 was 48 trips. The Mayor-Council budget for 1994 allocates $500 for fuel and $2500 for maintenance. Due to the construction of our present bus, the cost to repair the structure of the bus will be very expensive. The liability involved in a structural failure of the bus leads me to agree with Tom Hosch's indication that the bus not be recertified. I suggest that the Council be made aware of the bus' condition and a determination made as to whether the City should continue to provide this service. If the Council wishes to continue this service, Staff would like some direction on whether to pursue repairs or look for another vehicle either from the MTC or a used school bus. MAW:jb 94-123 Attachment TO: Mark Winson, Public Works Director From: Tom Hosch, Shop Foreman ~g~ Subject: 1961GMC Bus $401 Date: February 25, 1994 As requested the bus was inspected as to the condition of the unit. The drive train including the engine, transmission, and differential appear to be in good working condition. These components have been rebuilt over the years we have had the bus. The suspension air bags are in good condition, however the mounting and support for them are badly rusted. The steering is in good condition. There are no exhaust leaks. The outside appearance is fairly good, however there is some body damage as will be noted below. The tires are showing wear on the two outside rear duals. The interior is in good condition with the exception of some tears in the seats which are presently taped up. The major problem with the bus, in my opinion, is the condition of the frame members of the bus. The bus does not have a steel frame with members, as usually found on conventional trucks and buses, but more of a unibody construction. The underside is very corroded to the point that we should consider taking the unit out of service. Much of the underside members are corroded to a point that, short of a complete rebuild, there is no solution to the problem. The sides of the bus are becoming wavy indicating that the whole body is shifting. The wear, which was noted, on the outside of the rear duals is caused by the rear wheels dog tracking, which also indicates the support for the rear axle is not solid. The Annual Vehicle Inspection required by the State expires in May 1994. I would not be able to inspect and certify the bus under the current inspection requirements for the upcoming year due to these conditions. Listed below are all the problems ~ich we are aware of: 1. Rear outside tires are worn due to rear axle being out of alignment. 2. Fuel tank has leak at flange where fuel outlet is connected and leaks if completely filled and bus leans during storage. 3. Front door does not seal with steps, 1 to 2" gap under door. 4. Floor is breaking up/buckling ~d has been repaired near rear wheels. 5. Six seats are torn and have been taped up to make serviceable. 6. Body side scrapped on right side rear 1/3 of bus. 7. Rear bumper corner torn/cracked. 8. Dent in front just below windshield 9. Bottom panel below drivers window dented. February 21, 1994 Mr. Mark Casey John P. Murzyn Hall 530 Mill Street N.E. Columbia Heights, MN 55421 Dear Mark: Thank you for your recent input at our last meeting. Dan Poepping will ensure that the issues we discussed are thoroughly addressed. We have logged in specific information regarding exluipment location in Murzyn Hall, as a background for the service technicians on emergency call. This will aid in their familiarity of equipment layout. We also ask that Bill use our dispatch service to log in calls and requests for service to ensure complete customer satisfaction for the City. Max will also be working with Bill to adjust the temperature set point at an appropriate level to ensure comfort. Lastly, Honeywell will make every attempt to ensure complete satisfaction of the City during the spring changeover. As you know, this is the time of year when the temperature and humidity fluctuate greatly, causing possible fluctuations in space temperatures. We are committed to working with the system to ensure comfort for the City occupants along with your clientele. We are looking forward to a continued successful partnership. Best regards, Susan Nelson Senior Municipal Representative Home & Building Control (612) 830-3766 CC: Patrick Hentges Dan Poepping Feburary 7, 1994 Mr. Mark Casey John P. Murzyn Hall 530 Mill SWeet NE Columbia Heights, MN Dear Mark: 55421 Enclosed is an updated boiler license that is valid until December 15, 1994. I have checked with my technicians regarding the boiler blow down schedule. A blow down of once a week is sufficient for a boiler of your size. I will have Max check into the morning warm-up Se~luence for the basement zone to see if there is any adjustments that need to be made to get the space temperature up to set point by occupancy time. Please call me if you have any further questions. Sincerely, Dan Poepping Operations Supervisor cc: Sue Nelson CITY OF COLUMBIA HEIGHTS DEPARTMENT OF RECREATION Jo~ P. MURZYN HALL $30 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 (612) 782-2860 January 4, 1994 Susan Nelson Senior Municipal Representative Home & Building Control Honeywell, Inc. 7171 Ohms Lane Edina, MN 55439 Dear Ms. Nelson, On January 4, 1994 at 7:20 a.m., load 1 on the panel at Murzyn Hall was off with the thermostat temperature of 64° At 9:30 a.m. load 2 on the panel at Murzyn Hall was off 'with the thermostat of 66° When Atlanta was called by Bill Antzaras, their response was "they (Atlanta) didn't know it was off and didn't know if it was on or off." Atlanta told Bill Antzaras there was a problem with the communications line and that's why they (Atlanta) didn't get a response. Atlanta said the 612-782-2874 wasn't working. I would appreciate a response on why the loads were off and if there is a problem with the communications line. Sincerley, Mark S. Casey Director of Recreation MSC/jlm cc: Pat Hentges, City Manager RECREATION SENIOR Cmz~s Jott~ P. MURZYN HALL CITY OF COLUMBIA HEIGHTS DEPARTMENT OF RF,CREATION'" JOHN P. MURZYN 530 MILL STREET NE COLUMBIA Hg. Iam's, MN 55421 (612) 782-2860 January 4. 1994 Susan Nelson Senior Municipal Representative Home & Building Control Honeywell, Inc. 7171 Ohms Lane Edina, MN 55439 Dear Ms. Nelson, This letter is in regards to the humidifier in Murzyn Hall. For the past two weeks, the humidifier has been inoperative (orange abnormal light on, zero steam output). Please respond if the humidifier is under the maintenance contract. Thank you in advance for your attention in this matter. Sincerely, Mark S. Casey Director of Recreation MSC/jlm cc: Pat Hentges, City Manager RECREATION SENIOR OTIZ~S Jo~ P. MURZYN H*LL CITY OF COLUMBIA HEIGHTS DEPARTMENT OF RECREATION E MURZYN tD, LL 530 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 (612) 782-2860 January 4, 1994 Susan Nelson Senior Municipal Representative Home & Building Control Honeywell, Inc. 7171 OD~s Lane Edina, MN 55439 Dear Ms. Nelson, On Sunday, December 26, 1993 at 5:30 a.m., the temperature in the main hall was 50°. According to Bill ~tzaras, Atlanta dispatched Honeywell. At approximately 8:00 a.m..Sunday, Honeywell arrived at Murzyn Hall. At approximately 9:30 a.m., Bill Antzaras talked with the Honeywell maintenance person at Murzyn Hall and told them load 5 is off. On Monday, December 27, 1993, Bill Antzaras called Atlanta at 7:30 a.m. and told them load 5 is off. Honeywell (Mike) showed up at about 8:00 a.m. Honeywell (Mike) told Bill Antzaras that he (Mike) didn't know why it wasn't working, but he (Mike) will talk with the other technicians and get back to Bill Antzaras on Tuesday, December 28, 1993. Nobody from Honeywell contacted Bill Antzaras on Tuesday or Wednesday. On Thursday, December 30, 1993, Bill Antzaras called Honeywell and later that afternoon Honeywell (Max) showed up. I felt this was an important issue to bring to your attention. Sincerely, Mark S. Casey Director of Recreation MSC/jlm .cc: Pat Hentges RECREATION SENIOR CmZENS JOHN P. MURZYN H~a.L CITY OF COLUMBIA HEIGHTS DEPARTMEN~I' OF RECREATION JoI~ P. MURZYN H~,LL 5~0 MILL STREET NE COLUMBIA H£1Gffrs, MN 55421 (612) 782-2860 January 5, 1994 Susan Nelson Senior Municipal Representative Home & Building Control Honeywell, Inc. 7171 Ohms Lane Edina, MN 55439 Dear Ms. Nelson, On Saturday, November 27, 1993, the wedding party complained several times about the main hall being too cool. At 7:00 p.m. the temperature dropped below 65° and an alarm was sent to Atlanta. On Sunday, November 28, 1993, at the Fire Deparmtent Christmas party the temperature was so cold that the children kept their coats and gloves on. At approximately 4:00 p.m. that afternoon, Honeywell showed up. I felt this was an important issue to bring to your attention. Sincerely, Mark S. Casey Director of Recreation MSC/jlm cc: Pat Hentges, City Manager RECREATION SENIOR C~T~Z~S Jo~ P. MURZYN HALL COLUMBIA HEIGHTS PUBLIC LIBRARY CITY OF COLUMBIA HEIGHTS TO: Patrick Hentges, City Manager FROM: M. Rebecca Loader, Library Director SUBJECT: Honeywell DATE: January 5, 1994 As per our conversation of January 5, 1994, I am submitting the following complaint in writing. On December 29, 1993, Mary Kloss, Adult Services Specialist at the library and acting in my absence, placed a service call to Honeywell for problems with the heat on the main floor of the building. The dispatcher told her to "mm up the thermostat" to take care of the problem. No service tech responded. On December 29 and 30 the library lobby and workroom were not heated at an acceptable level. On January 3, 1994, I placed a service call to Honeywell reporting obviously cool temperatures in the lobby and workroom and cool air coming through one lobby vent. Ron Lipe, Honeywell service tech,responded to the call, and he and I had a conversation about the events of the previous week. He contended that the "thermostats" referred to were the individual dials located on the hot water radiators (I believe there are 26 of these in the building) and that it is my responsibility to adjust these accordingly. I contend it is Honeywell's responsibility to regulate the HVAC system in the building and to respond to service calls concerning heating and cooling fluctuations when they are placed. I would like this issue resolved with Honeywell for ~ree reasons: 1. Mary Kloss, my subordinate, should be able to place a service call in my absence and to get a response. 2. In cold weather the interior climate of a public building is vital to creating a space in which it is comfortable to work and to transact business. 3. My understanding of the Honeywell conu'act is that it is to eliminate City staff time from being spent dealing with the: HVAC systems. The library does not employ a person either qualified or assigned to monitoring the HVAC equipment. If you have further questions, please let know. MRL/jms The City of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services. IPRINTED WITH ]SOYINK recycled paper Honeywell Inc. 7171 Ohms Ln Edina M~ ~439 612 951-1000 March 9, 1994 Mr. Pat Hentt~ Cit~ Cit~ of Columbi~ Ci~ Hall 590 40th Avenue NoFthets~ Dear Pat: Th~nk you for ~ l~b~xm Loader's memo off~anuary ~, 19~. I apologize if there has be~a any rnisundersMnding or la~k of Mrvtce responsiveness. It is trite that our dlspttoher as]md Mary Kloss to check and/oF turn up the thermostats. Our dl~tcher tim requestnd that Mary call back if that didn't resolve the lxoblem. It is alwxys our intention to provide tlu IMit sm'vice possible, but since there was no retura phot~ c~ll, no work order was seneIMd. The intent of our pirtneflhip is to minimize your staff*s involvement in dealin8 with the HVAC system by maintainins and caltbraflM the system. We do, however, ask our customers to check and adjust their thermostats as the ~st step to achievins comfort. Since the thermostat settin~ is beyond, our control, this is standard policy. I sincerety hope that this situation has not created a ms, Jot problem with your staff. l~r~l~, with a clmtr understnndins of the standard operating pFocedure8 followed by our dispatchen, your staff will become mom comfortable with the proeeaa. ShouM you have further questions or concerns, please call me at 830-3863. Sincerely, Poeppins Opm'adons Supervisor I I &~O Capitol Square - 550 Cedar I I N I N N E S OTA P U B L I C L I B RARY [ Z~l~O)_13] SINGLE LIBRARY ANNUAL REPORT CEMRR~L INFORMATIO~ ~ND XNSTRUCTXOflSs This report applies to C~kLEND&RY~R 1993, and ts co be completed by libraries chac have no branches or book~obllss. Please type or print alt entries. See cover memo for dace and place of recurs. IDENTIFICATION IN ~ORMAT I ON Llbrsry u I --'me- Street Address COLUM3 IA HE lC_J-ITS PUl3L lC LIBRARY 820 40 AVENUE NE COLUIVBIA HE IGHTS J 55421 - J 19,055 Library Telephone Number TOD Humber Library Fax Number J Library ] E-Mail Address (612 ) 782 - 2805 ](612) 782 - 2804 [(612) ?82. - 2806 I head Librarian / Administrator Title Telephone Bu~ber M. Rebecca Loader Di rector (612 ) 782 - 2805 N-__--__ Gt Person Completing This Report Title Telephone Number M. Rebecca Loader, Mary M. Kloss Library Director-, Adult (612 )782 - 2805 Service Speci Il ist F A C I L I T Y I N F 0 e I'1 & T I 0 N The library is physically located in a (check all chat apply): [×] sinile purpose building built specifically for library purposes. mulct-purpose ~ or ~ building with the library parc originally built for library purposes. [ ] (Please circle "Government" or "Other.") multi-purpose GOVIIIIII~Irr or ~ building rich the library parc N(YF originally built for .library purpo, ses. [ ] (Please circle "Government" or "Other.") Ii (addi t i on ) [ ] remodeled STOm~-, OFFICE or ~ buildln8. Please circle which type. (addi t ion) [ ] ocher (please specify): 1965 1975 1983 1986 Year facility built (please estimate if not knovn): I 960 Year ren~)deled (or adapted) for library purposes: I 9RR Number of square feec of floor space used for library purposes (estimate): ] 3, 5?0 square feec ] 989 I,, L I B R A R Y H O U R S HONDAY TUESDAY ME~ESDAY THURSDAY FRIDAY SATURDAY SUNDAY TOTAL HOURS JFRO~ TO FROtq TO FROfl 're FROfl TO FaOfl TO TO FROfl TO ~EEK 9:00 8:30 9:00 8:30; 9:00 8:30 9:00 8:30 9:00.5:00 0:00 4:00 N/A 60 ~INU~OUiS - ~port the torsi hours that this outlet vas OPUNdurim~th~ entire yaar~ ~YYALI993 n0mm-~!2 975 ! ~", A C T I V I T Y H E A S U R E S A C T I V I T Y A R E A ANNUAL TOTAL A C T I V I T Y A R E A 1993 TOTAL Library Attendance Reference Transactions ~ 1 , 436 28,075 Items Loaned To Ocher Libraries 387g Charged Circulation for ~aiandar Year 1993 1 51 , 000 Items Norro~ed From Other Libraries 181 In--Librar7 Circulation (ln-Llbrar~ Use of Library hterials) ] 9)604 PURL I C SERVICES IN FORHAT ION SEE "DEFINITIONS PACE" FOR CLARXFI~%TION OF TERHS. TOTAL ESTIHATED I 9 9 3 TOTAL ESTIHATED S E R V I C K POPUL~TIOH NOMI~'uOUND S E R V I C E NDI~ER POPULATION SERVED CIRCULATION SERVED HOHEBOUND 10 268 STATIONS 1,016 1 2 NDNBER OF REGISTERED BORROVERS * 12,278 kppr'oxtm~te "*'.Plea,se see ' :-:tics ~o~t~<l by, the Anc.-~ka Cc~r, ty Lit;:',..-x., as all put,Ii l ibr,:; ;es inine coun ' corrmon aalaDase. MINNESOTA PUBLIC LIBRARY SINGLE L I B RARY ANNUAL F: E P 0 RT I'Library Name COLUM3 IA HE IGHT$ PUBI_ lC L IBRA~Y LIBRARY COLLECTION - 1993 Report below only the m~terials owned by this library. Do NOT include rotating or deposit collections from your library system. C A T E G O R y A N D I T E N NUHBER OF PHYSICAL UNITS 1. ~_M~3r~S (Includin8 ~hound periodicals end paperbacks) ,, t , 56~ 378 2. O~a~s PRINT HATERIALS (Unbound periodicals, pmuphlets, government documents, etc.) ! 1. 376 4. HICROFO~S: ~===~-~r of all mtertala (bo~s, periodicals, Sov't d~,~uts, directories, etc.) represented b~ all ~es of mLcrofoms excluding 5. Audio Disc Recordings ~ 0~0 6. Audio Cassettes A ~, 225 U 7. ~p~ct Disc Record/ass D 815 I 8. Video Cassettes 0 993 9. z6 m Film V IO. 8 m Film 0 x 0 S 11. Filmstrips u 574 A 12. Slides ~ 0 13. Hult/-Hedia Kits (e.S., Book/Record, ftlms~rLp/~ase~e, etc.) 0 1~. Art Prints and Orts/~la 0 15. TOT~ AUDI~VXSU~ ~TEBTAr_~ (Sm of lines 5 throu~ I~) 16. TOYS/~gS 242 17. HlC~b%~ SO~ (~osettes, disks & CD R~S, etc.) 0 0 19. NU~ Of ~ ~in~ LI~[~Y ~ (e.g., Mpg, chris, etc.) st 0 20. T~ ALL ~TERT~L~ (S~ of lima 1, 2, 4, 15, 16, 17, 18 & 19 only) 21. Please list any ~lal collections here or on an attached abets 73? 756 The average length of the loan period (for items borrowed from the library) is: 3 wee~$ 4---- ~ AVAILABLE EQUIPMENT Report the number of items available for public use, mhether the use is In Library, Outside Library, or both. NUHBER I T E H NUMBER ITEH AVAILABLE Record Players 3 Hicrofiche Readers 1 Audio Cassette Players 4 Nicroftche Reader / Printers 16 ru~ Projectors 3 8 mm / Super 8 Film Projectors Hicrofilm Reader / Printers I Slide Projectors ] 1 Microfilm Readers ' 0 Filmstrip Projectors 3 1/2 Inch Video Cassette Players 2 Hicrocomputer$ 0 Compact Disc Players 0 N~cr0couputers rich CD-ROH Drive Photocopiers i Ocher: 3- H I .'1N E 50 T A IIB L I , L I B R A R Y Page A S i N G L E L I B i~ ^ g , A ~ ti U A L R E P O R T Library Name COLU/v~ IA HE IGHTS PUBL lC LIBRARY F I H .* ~ C I ,*, L I H F O R H A T I O N - L I B R A R Y R E C E I P T S - I 9 9 3 AHOUNTS RECEIVED (~hole Dollars) RECEIPT ITEH FOR CAPITALw FOR OPE~TING I l, Taxes or Other Appropriations L T 2. Ocher (e.g., Green Thumb, ecc.~ O g ~ 3. Taxe:: or Ocher Appropriations L y 6. O~her (e.8,. Green Th~b, etc.) 5. Townships 5 F 6. LOS Direct Grant A g 7. Regional Public Library System (Grants/Contracts) T O E S 8. Hulcl-Councy Hu[cf-Type Library Syscom (Grant/Contract)  LDS Direct Grant F O U E N 10. Regional Public Library System (Grant~/Concracts) ~ S I. Hulcl-Councy HuIci-Type Library System (Grant/Contract) 12.~HER~ Spot'iV (Use additional sheet:" if necessary, and record totals here)' CO~S F & 13. Ftne~ ~nd/or ~erdue BilLing Charge, ~ ...... "' I F 9,879 N E 14. ~on-Restdent Fees m E E S S l~- Ocher Fees/C~rgl, (~-ttne ~ ~atch fees, ~cetLa[I rentals, fac/[/cy 17. Vending Hachine: (Photocopiers. Food, etc.) 3t 10~ 18. Interest Earned on Other Than Gift Funds ~. S~e o~ ~l~t~ (~ 20. Insurance 21. Ocher Libtatie: (Not Regiona~ 22. Ocher (Please specify on attached sheet and enter total here.~:~ ' '[" ~ U~t~9 " ! 3. TOTAL RECEIPTS .... ....~.-~ 19, T91 ~ ~390,263 26. Balance on Hand Available co be Expended ac Beginning of Year 25. Batance on Hand ac End of Year (Any ~ouncs Unexpended) "FOIl CAPITAL" ~,eans chat the ~unts received or spent OHLY for ~ixed ,, ecs, such ,~ sites, bui[dtnl t, additions Co but[dtnga, re~de[ingl initial bookec~t ~d equt~uC and furniture for naa or e~anded butidtnss; .au vehicles; or tntctal 4uc~ctou equtp~nc for current buildt~ts). -- ~ H~ include grants or concracc~ with another [tbra~ or library system here. Report ONLY tg ~unCf received go directly trico chi Ltbrar~ budget. :losl l i~pa~ ~s da~g~/mi ssing barc~es 1,469 transfer f r~ lost che~ ~s general [t.~nd 12,590 bo~ bags geporc ohos amounts on line #21. MINNESOTA PUBLIC LIBRARY SINGLE LIBRARY ANNUAL REPORT ~g3__C] RD-O1603-11 { ~H 1 Report indirect expenditures which are the actual EIGHTS PUBL lC LIBRARY and/or estimated dollar value of services provided by { which vere HO_~T included in the library fund 1992 LIBRARY EXPENDITURES AND ENCUMBRANCES ~ EXPENDITURE ITEM LIBRARY FUND INDIRECT l. Rooks (ail formats) $ 39,475 $ 2. Current Periodical Subscriptions (all tot-mats) 6, 117 LIBRARy 3. Other Print Haterials (pamphlets, 8overnmenr documents, etc.) 42 MATERIALS &. Non-PFtnt (All A-V, MN Library Nadir Circuit _-e_~bershtp, microcomputer softwaret toysr sculptuFer etc.) 4,622 $. Extended Access to Library Haterials and Information (on-line database searchinR, interlibrar~ loan fees! etc. 0 6. ¥O~AL MATERIALS EXPENDITURES (Sum of lines 1 through 5) $ 50, 256 $ 0 7. Programs for the Public (storytellers, films, lectures, tours, etc. $ 2,174 $ 0 8. Salaries - Library Staff 221 , 396 ALL 9. Salaries - Custodial 1 , 493 PERSONNEL 10. Fringe Benefits (F.1.C.A., P.E.R.A., Insurance, etc.) r 37,434 ~EL EXPENDITURES (Sum of lines 8 through 10) $ 260,323 $ 0 l~ort total amounts p, id to various vendors, other ~ ~ libraries/library systems or other agencies for internal operations such as acquisitions, bibliographic control, catalog production, accounting services, etc. DO NO~T include ceiecone,unicacions charRes - provide those on line 18 belo~. 11,519 4,800 ~3. Library Materials Conservation and Maintenance (incl. binding, microfilming' etc.) 1 , 662 l~. Staff Development - Provided by this library (incl. speakers, learning aids, etc.) 15. Continuing Education (provided by ex£erna! agencies, iaetttutions and organizations. Incl. membership, regis., food, travel/lodging for staff/trustees conf. & vorkshops) 60 ~00 lb. Otlice and Library Supplies 6~387 1~7. Publicity (Including printing of brochures and flyers) 669 800 18. Telephone and Other Ce=--',~tcations 2, 51 6 19. Postage and Freight 3~4 20. Equipment and Furniture {NOT CAPITAL) Purchase and Lease 3 ~ 342 Repair & Maintenance of Furniture & Equip~nt - including service contracts. 21. (Excludes that used for technical services) 2,661 22. Building Operations and Maintenance (Include water, heating, lighting, repairs, custodial supplies! la~n caret sno~ removal! garbage collecttonl sever! etc.) 31 ~5~4 1,400 23. 8o~"~tle Operation & Haincenance - include insurance but DO NOT include salaries or library materials. ,.2&. Delivery and Other Vehicle Operation & Maintenance (Include insurance.) 25. Insurance on Building Contents and Liability 3,734 26. Space Rental 27. Audit 185 28. Travel Expense Reimbursement to staff and Board for travel ~~ Librar[ business and operations! tncludin[ staff and Board maetin~s. 105 29. Other (Specify here or on another page and enter iota! here )~'~S. t~{ ~, ~ .30. TOTAL OTNER EXI'ENDITURES (am of liner 12-29) $ 72,337 $ 7,500 31. TOTAl. AM. EX~ENDXTURRS (sum of linen 6, 7, 11 & 30) ' $ 385,090 $ 7,500 32. CAPITAl, OUTLAy * ~ 33. From the expenditures listed above, enter the total of any a~ou~:s paid to another $ $ Minnesota librar or a re tonal ubltc $ 12,628 ,$ libtar~ system fo~~~ ~ iude expenditures for sites, buildings, additions to buildings, remodeling, new vehicles, initial bookstack and equipment and/or furniture for ne.._.~v or expanded building, or initial automation equipment for current building(s). Page 6 S I N G L E L [ B R A R f A ~ ti U A L R E P O q T Library Name COLUM~ IA HI: IGHT$ PUBL lC LIBRARY P ROGRAHS P R O G R A 14 N A N E O R D E S C R I P T [ O N NIfl4BER OF PRO(;RAHS 199J ATTF-qDa~qDE LIBby 1. PR~S FOR CHILDREN AGE 16 AND UNDER te.g.. Story Hours. eec. I , ~, 289 9~ 803 SPONSORED 2. ~L OTHER PR~S (Films, Lectures, Bookcaiks, ~orkshops, Tours, etc. ) 3~ 515 · PR~PONSORED BY OTHER GROUPS / AGENCIES USING TIlE LIB~RY 7a 61 5 LIRRARY INVOLVENENT IN CABLE TELEVISION ,'. C T I ¥ I T Y YES N O A C T I V I T Y YES N O S. Operate Public Access Channel X 7. Operate Library Channel X 6. Provide Tratntn~ tn use o[ Video 8. Produce Cable Progratantn8 Production Equipment X X 9. Other lnvolve~nt (Describe on attached sheet) FEES Check (0(]) the *'YES" or "NO" boxes [or each teem to indicate whether or not your library charge~ a fee for the item. For each Item checked '*YES." provide the amount per period charsed [or the Item. YES N O I~l I I NON-RESIDENT FEE, PER CARD [×1 i 1 OVERDUE NATERIAL, DAILY FINE [ 1 IX1 OVERDUE HATERIAL, SERVICE CNAROE I I [x] OVERDUE UTERI,U., C~CE PER NOTICE [~] I J LOST CIBRARY CARD [ I tX] HATERIALS RESERVE FEE iAI I ] PHOTO COPY FEE [ 1 txl ao0~ RENTAL FEE [ 1 ix] ri~ R~TAL rEE tX] I 1 VtOEO CASSErr£ R~T~ r£z I ] tx1 FAX CItARCE PER PAGE RECEIVED I L~ r,x C~GE PeR P^~E S~T ] Ix1 ART PRINT RENTAL FEE I [ )~ ON-LINE DATA BASE SEARCNING FEE J [~ INTER-LIBRARY .LOAR PEE 1 t xl ~Pe~RZTER use tee ~ [ )~ HICROCOHPUTER USE FEE [>~ I ] HEETING RO0~ USE FEE L X] I I OTNER: J o~t d~ t e du~ c~r'd damaged barcode $.15 adult ANOUNT $30. O0 PER $.10 ,luvenl le PeR PER PER $ I .00 . PER PER $ .1 5 PER PER PER $ 1.00 PER PER PER PER PER PER PER PER $20. O0 PER $ .50 PER $ .5o ----PER PERIOD DAY C~D SHEET CASSETTE hour after- library closes PER CARD H INNESOTA PUBL I C LIBRARY SINGLE LIBRARY ANNUAL REPORT  ED-O1603-13 Page 7 Library Name COLLIIVI3 IA HE IGHTS PUBL lC LIBRARY UNION INFORNAT I ON YES N 0 The governing board ts represented by Name(s) & Title(s) Li nde Ma~ee~ Assr. Do any of the library staff members belong to unions? -~, If "YES," please provide the following information: Name(s) of union and bargaining unit and the number of stair belonging £o each: A~SC~ COuF1Ci I #14, Local 495:2 Public /Vl~nager's' As_~ociatioq;1 t o the C i ty /V~nag~ur~lna baraainin$. SPECIAL SERVICES [ ] HIGRANT WORKER [II HANDICAPPED INDIVIDUALS [Gl CO~UNITY INFORHATION AND REFFU_~L [~ DAYC.aE C~E~ [] ~X~A-n~ [~ H~EBO~D D~IVERY [~ XNSTI~XONS [ ~1 EThiC HINORITIES (Specify) [ ] CO~E~IONS FACILITIES [~ LITE~ PR~S [ ~} ~ER (Specify) STAFF FRINGE BENEFITS Enter the requested information for Professional and Non-Professional employees below. Fill in the year number chat each benefit change occurs. PROFESSIONAL EHPLOYEES NON-PROFESSIONAL EHPLOYEES BENEFITS BECXNNINC 10 Number st Paid Holidays / Year AFTER ~ YEARS 12 AFTER 1_9_0 Y~U~s 12 OTHER 1 5 year`: 1 C~ YEANS AFTER BEGINNING ,5 YEARS lO 11 12 12 Number of Vacation Days / Year 11 15 ~.O 15 Number of Paid Sick Leave Days / Year 12 12 12 1 2 1 2 12 12 12 12 12 12 Please check (X) the appropriate boxes tn the cable below to indicate who provides for the lists; 12 benefits. OTItER 15 year 20 BENEFITS Health Insurance / It H 0 Life Insurance Dental Insurance Other: PAID BY LIBRARY X X X FO PAID BY CITY/CO EHPLOYEE PAID BY PAID EHPLOYEE JOINTLY NOT AVA l LAB L E PAID BY LIBRARY FOR FAH PAID BY PAID BY CITY/CO E~PLOYEE X LY PAID JOINTLY X X NOT AVAILABLE POLICIES AND GOALS YES N O [ ~] [ ] The [ ~ [ ] The [~ [~ [~ [] Th, [ ;~ [ ] The [~ [] [] library has a written Ions range plan. ------~lf "YES," years covereds 1996-1998 library has a policy manual. --~-jJ~lf '~ES," when last revtsedT ] 993 If the response to the above item ts "YES," please chock each of the following uh/ch ara tncludeds [~ Personnel [~ Salary Schedule IX] liaterl~als Selection III Employee Evaluation Sick Leave [~ Vacation Leave [~] Hasting Room Usa £X] Imployea Travel on Business Retirement [~ Accepting Gifts [~] Grievance Procedures ~C] Board Travel on Business library has a disaster plan. library has a Records Retention Schedule as authorized by Hinnesota Statute 138.17. The library has completed a transition plan for achieving buildiuB accessibility under the Americans uith Disabilities Acc (ADA). The library has completed a self-evaluation of services, po:Latins, prosramo and practices under the Americans wtch Disabilities Act (ADA). ED-O1603-1'~ d 93-C Page 11 H INNESOTA PUBLIC L I BRA~ ~ SINGLE LIBRARY ,~NNUAL REPORT ILibrary Name COkUM3 IA HE IGHT$ PUBL lC LIBRAR¥ BOARD OF TRUSTEES AS OF JANUARY, 199/* Provide the requested Information (or each member of the board o[ trustee*: of the library. H A H E B O A R D P O S I T I O N A D D R E S S T E L E P Il O N E T E ~t H (Include Area Code) E ,( P I R E S Nancy Hoium Barbara M~ller' R i cha r'd Hubba r'd Pa t r' i c i a Sowada Donald G. Jolly Pr'esident 4163 Stinson Bird Col. Hts., M~ 55421 (6121788-3204 1995 Vi ce-Pr'esidenl 3966 Reser'voi r' BI vd Col. Hts., M'! 55421 (612)788-8071 1994 Secr`etar-y 3821 Jackson St NE Col. Hts., M',I 55421 (612)788-7996 1996 At-Lar'!ge 4990 Jol,nscx'~ SI. NE Col. Hts., /vN 55421 (612)594-1305 1995 City Council 4941 4 St. NE Repr'esental~ve Col. Hts., /vN 55421 (612)572-8514 1996 FRIENDS OF TIlE LIBRARY Provide the requested information for contact person(s) of Friends Djr the Library (or ocher Stoups associated vtth the llbrary). HAH E A D D t~ E S S TELEPHONE ~ (Include Area Code) Ri ta Norber-9 4522 7 St. NE Col. Hts., /vN 55421 (612)572-1955 HINNESOTA PUBLIC LIBRARY SINGLE LIBRARY ANNUAL REPORT I 93-C~ ED"OI603-i3 Library Name COLUM31A HE IGHTS PUBLIC LIBRARY GOVERNNENT DATA PRACTICES ACT: RESPONSIBLE AUTHORITY The Goverrment Data Practices Act (Nlnnesota Statute 13) requires each political subdivision to designate an individual as the "Responsible Authority" for the "collection, use and dissemination of any set of data on individuals..." Please provide the name of the person who has been designated the Responsible Authority by your governing body: Patrick Hentges, City M~nager Typed / Printed Name - Responsible Authoriry FEDERALLY REQUIRED IltFORNAT I ON The rolls-tn& specific information is required for the Ninnesol:a Department of Education, Library and Development Services, to report co the federal government. Please round-off all dollar amounts entered belo~ co the nearest whole dollar. If exact figures are not available, Rive your best estimate (throughout calendar year 199&, please record your exact figures for reporting on the 199& Annual Report.) I T E N A. Circulation of Juvenile Haterials durin8 Calendar Year 1993:t . (This should be a subset of the total already reported on page B. Non-Print Expenditures by Type (These items should be aubsel:s of the total already reported on page 5, line 4.) I - Audio Visual Haterials Expenditures: ........... $ 2 - Computer Softuare Expenditures: ............ $ C. On-Line Database Searching Expenditures: .(Subset of total reported . $ on page 5, line 5) NUMBER OR DOLLAR AN 0 U N T ,, 71 ~ 667 4,622 0 0 De Coeputer Hardware Expenditures: 2,468 (This should be a subset of the asmunt reported on page 5, ]lne~3~.) 20::: r~ot Capital Out lay VERIFICATION OF ANNUAL REPORT INFORNATION I hereby verify that the information provided within this annual report is true and correct to :he best of my belief and knowledge. Signature - Head Librarian / Director Date St~-nature IV Library Board President Date hR- 7-94 0:01 EAST CENTRAL REG LIBRARY FN, NO. 6126894407L.. P. 01/03 MONDAY March 7, 199't Th~ngs are happening almost faster than I can keep track of them. Fortunately, we have Elaine. Some items of note: ~.. Rep. Steve Kelly has re-drafted his information bill to include some of the elements of the Department of A~inistration proposal on "Electronic Access to Gover~ent Information". We should be able to give a report on this on Thursday. The Kelly/Mondale bill is ~F 1649/SF 1770 ("Single Gateway for Gover~ent Information"). Elaine, Mary Birmingham and Bill Asp met on Friday afternoon to review Kelly's new draft. Elaine reports that it is much improved. 2. Steve Kelly has signed, on as the sponsor for the Information Resource Grants. Others listed below'. 3. The ~noka County merger bill was heard and passed in the Local Government Co~ittee of the House on Thursday, March 3rd. The bill is probably not necessary, but the ~oka County delegation wants to make sure the the upcoming merger between the City County libraries does not run into problems with state laws. 4. The House bonding bill for hi~her education facilities will support an appropriation for an addition to the library at Winona State and planning dollars for new buildings at St. Cloud State and Bemidji State Universities. Several Co,unity College and Technical Coll~e projects were also funded. The total of the projects for the future ~EB institutions ~s around $120,000,000 ($20,000,000 more than the Governor's proposal). The bill also reco~ended $12,500,000 for the University's Archives facility. This is sufficient to Dlan, pay for the architectural fees, and e~cavate for ~he proposed building. This u~usual tact will make it very difficult not to f~d the remainder of the construction in 1996~ One new source of some confusion may result from the State Universities' (St. Cloud, Winona and Bemidji?) request to consider themselves as "regional libraries", especially in relationshiD to the Co,unity Colleges LibrarY. es and Tec~ical College Libraries. Bill DeJohn states that this languag,~ was used in testimony this past week on the academic bonding bill. Lan~age in the ~ouse bill will not require the institutions to assist in the debt service for th~ bonds, but this will be controversial. Bill DeJohn has written a memo with more details on the status of academic libraries. 5. A group of us met with Rep. Loren Jennings on March 3rd discuss his amendments to the Distric~ Law. ~e did not feel that the bill would receive a hearing this year. 6. MLA bill numbers and sponsors: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Public Works Department PATRICK HENTGES CITY MANAGER MARK A. WINSON PUBLIC WORKS DIRECTOR/CITY ENGINEER STREET SWEEPING PRACTICE MARCH 10, 1994 The Metropolitan Council has recently distributed copies of a Best Practices Report on Street Sweeping. The report compiles information on street sweeping practices in the metropolitan area and presents a list of 52 best practices that communities could implement in order to improve the quality and efficiency of their street sweeping. Of the 52 practices outlined in the report, Columbia Heights has used 25 for a number of years. An additional 12 practices either do not apply to our operation or have been tried in the past and have been found to be unworkable or not cost efficient. Public Works will be investigating the applicability of the remaining 15 practices. A copy of the report is available at Public Works. MAW:jb 94-142 TO CITY COUNCIL MARCH 14, 1994 *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSPECTOR II II II II II II 1994 LICENSE AGENDA CONTRACTORS Northern Fire Protection Peterson and Pinney Plumbing Service Center Signart Co., Inc. LICENSED AT 9140 Davenport St. 4151 Coon Rapids Blvd. 9261 Davenport St. N.E. 2170 Dodd Road FEES 40.00 40.00 40.00 40.00 POLICE DEPT. TAXICAB DRIVERS *Floyd Orlando Steenson 2947 Oliver Ave. N. 20.00 BRC: F' I t,l,-.il',l..,.I. Al ..... ',Ye:, I 03/11/94 10:27:37 F'tJND RECAF:': F:' L.II,ID DESCF:.: I F'T I ON 101 £12 240 270 410 ,:-1-.1.2 431 60.1. 602 603 609 70.1. 710 72.0 880 886 887 GENERAL. STA'T'E AID IdA :[ I,I'T'EI,IANCE CABLE TIEI...EV I S I ON F'AFL'A 'f'F(AI'-IS ]: T L. I BRAF;.:Y DARE F'F;:O JI:T.C T WA'f'IE]:;: JI [I [ fi C;E]".I T R A L.. E NE]:;,'GY MAI'IA[".~E:ME]'IT C 0 I'1T I::: ]] }}'.dj T E D F:'F;:O JECTS"-RIEC: ESC'RC)W [ (.) I ~--~ .... AI...I... F:'t..IhlDS BAI'II< F;:ECAF': BAN I'.'..NAME I{ f--d-,l',CHE;CKII'IG ACC::OUI'I"f' TC)TAI... ALL B~.-,-II',,~ C h e c I.-'. I--I :i. s 't'. o r y I) I SBU R SE M E I, IT S 47~ ~ 1.4.93 48.1.. 3 :.':-) ]. ~,o., 0 4,6,'-'17 ,, 50 ~ , E) 6~. 07 409.06 769.86 7, ..... " 97 4,64 ...... ,, .- 4,053.44 4.1. ,, 54 .168 , 943 . 56 5,, 491 ':: "'" 2,974.35 ~:: ¢'""'~ '7,"::~ ,:.,:. ,, 61 ..~ :~ 414.. ~,"~ 3..;;: :, 3:1. 5 ,, 46 206 :, 316 ,, 18 I ,., .1. 16, ..,~::,¢:.. 50 :" . ""' '7 :~ ,, ;-6. ,, 59 1. , 632 :. 909.52 ' '"'"' 909. ':' "" I .~ ~':>...~,<:..~ C'. he c k H i -s to r'y' 3-'.1.4-94 COIJI~IC:II... I...ISI'II'.IG CITY OF' [.':OI...I...II"IBIA I"Iiii]IGHTS C;I... 540F¥'"V0~.!...1. 0 I::'AGli~. .1. BAI"I K Vl~.~l'-I D CI R BAN I<. (]:l--Ilii]C: K I I'-IG ACCOL.INT AT & T COL..IJHBIA I--IE:IGHTE; I J 0 H I'-I S 0 Iq / R (3 S :E Iii: K R A L J S- A N D Iii: R S 0 I',1 KLJETHEi:R D:I:ST. CO. MII'-iI'-IESOTA GI=OA ..- M WE:BST 14 S F:' NORTH STAR BASEBAI...L I::'E: I'1'Y CASH -- KAREN MOEi...L ROBAC: K/GEiRAI...D IJ E; WE:ST CC)MMi..JI',I I CA-F I Ot',IS F:' I RST COMMLJi',I 11'Y C'.RED 11' U GR(:)LJF:' Hlii:AL. TH 46086 I , 116,582.50 46088 5.30 46089 7,196.46 46090 144.65 46091 4,050.80 46092 325.74 46093 1,005.00 46094 147.50 46095 2,762.48 46C96 .... 46097 3 ~ 437.08 46C. 98 177.2 5 46099 5,703.28 46 ~. 00 46101 512.95 46102 100. O0 46103 29.70 46104 45.00 46105 190.00 46106 552.95 46107 79.74 46108 166 461" ~ T 200.00 46:110 60.00 46:1. 11 8,439.38 46:1. 12 86.86 46:113 69.62 46:1. :1. 4 50.04 46:115 89.19 4~ :1. 1 ~ ,. 46:1:1.7 I ,626.18 4~. 18 :1. ~ 142. :1.9 ~6:119 17 46 ~.20 74 .. 46 46121 i -yo,..63 46122 154.00 46123 100.00 46125 301. O0 46126 1,511.00 46127 ~., 299.50 46128 9,440.70 46~.29 6,498.17 46130 5,785.60 · ~o.I. ,.~ 1. 18,609. ':: '~' 46132 350.00 · to .~....~,.:. ,. 0 .... ~(~) 46:1.34 34 ~, 090.24 C, 3/.1. 1/94 .1. 0: 2 Check H:L stor'~/' 3-.1.4-94 COLHqC'.IL. L.Z:iSTIIqG CITY C}F= CC)I_I. JHB]:A HIE]:GHTS GI...540R--V04.10 PAGE: 2 B AI'I I",' Viii:l'lf) 0 F;-: CHE:CK Nt ~ t::E.l,, AHC)Ui'H' BAI'IK CHIEC:KIIqC'; ACCOL.IIqT F'AYF;:OL..L.. ACCOLJI'IT PEI:;,'A - 'DEF' I I'IE:D C:OhlTR I BLJT POEICE F;~EL.. F'UBL.'[ C IqAIqAC:~IERS ASSCiC :I:AT S"fATE: CAPITOL.. C.F;.:I!i:I)IT t. JN.T. UN ]:oIq :L 2.'L 6 AI,IOKA COUNTY MOTOF;.'. ViEHIC AT' '¢" T BE]...I...BOY COF;,'PORATIOI'I COCA-CCiL..A BOTTI...ZNG HIDWE DIEL..IE(3AF;B) TOOl... C'O. JOH',,ISCIN BROS. L.. I QL.IC~F-: CO. IqARK VZ M',!!:D I CA CHOI CE: Id :[ IqlqlE Ci~ASC'.O Mhl F:'OL.L. UTIOI,I c:.r.)NTROL. AGE: IqC)F;:TH STAR ZCE I::'E:TT'Y CASH .... GARY BI:;:AA'f'IE 46.1. oo . IOE), E)-? 7 61 461. ;36 .t '~', 46.1. 37 64.62 46.t 38 374.30 46.1.39 37.1.. 43 46.1. 40 50. O0 46.1.4.1. 745. O0 46.1.42 .1.00.00 46:1. 43 796.00 --.~ o/. 00 46.1. 44 .., ~- ..... 46 .1. 46 22. o<.'""" ':""' E~ 7 46.'147 ...~,-' 6. ".' '" 46148 584. O0 4.6.'1.49 10..3:L 46 .1. c,O .1.,,':~, 7C)?'..1. 4-6 .1. 5.1. 807.60 46.1 52 50..1. 0 , ,':" '""-" 979 !:",() 46.1 54 .~".-'.'~'. 99 :16 .I ....... 93.07 46 .1. 5 cf:. 21,64 .1.. 6 .~ 461.:',7 -". ...... ';'~ 2. o ~: .... .L ~.:, :~ k,) ~:. 'z ....... 46 .1. 58 46 .1. '.59 .1...~. 4.~:. 46.1.60 ':' ""'; ':: ·., -;,'-:, .... 63 46.1.6.1. .1. , :1 ..... :.. 6.1. 46162 .1. .q / 46:1.63 "'"'"' "- ...... "'; ,::...::..~ ,:.:, ,::, ¢-J . ...;:,'-J 46 :L 64 .1. 80.00 46.1.. 6!:5 50.26 46166 '7.88 46.Z 67 .1.,:1-, 247.3';' 46268 419.90 46X69 64;'~ .. 98 46;.70 2.-".9.1.. 7.1. 46 :L '7 .1. '?, 940.62?. 46 .i.-72 70. O0 46.1. 7~.3 14..:t,. 46 :,. 74 3,687 .. O0 46 .L 7 ,. ~x ~il ~: ..... :~..'.-7 46176 825. 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NG M(3OF;:E IqED ]:C~L MOTOF:~' PAR'TS SERVICE ]:NC. Iq S F' I,IEl,,J YOR I'( T I HE:S 46232 ~:,,..I.. 97 462:33 79.88 462:34 146,23 46~..~.., 20.79 462.36 I, 285.31 46237 85.63 .¢ ~.~ -.': 4o ...... E, 34%,.. o""',.~ 46239 400.74 462'.40 216. '::,.,; 4624.1. .1.9..1.0 46244 107.96 46245 .1., .1.70.30 46246 1 O0.89 462.47 1.91., i'::5 46248 46.82. 46250 18 o r-,,~::. .~ ~_: .. ~.;. I :'[- o .: :. . .1. 8..,.. 4 ~:. 2 5 :.:'. 31 ,,. 8.1. 9. 462 .'.:.:, 4 195 .. 28 46255 79 .. 00 46256 87.00 .-~,o ~: ..... Si:, .1. 12.4."~ 46259 :ii.~';'.-'.' .1. ,, '78 46260 140.00 462.6.1. 54 .. 75 46262 205.60 46263 12.00 46264 60.00 462265 723..1..1. 46266 1. 22.00 46267 106.27 46269 70. ' "~ 46270 69.50 4 o.~:.; .1. 15 .. 87 46272 8, .1. 78.40 46:?.73 22.6.1. 46.~:.; 4 43.3.1. 46.c. 7 ,., 53.97 46:Z'76 ]. O0.0'7 ,,I '"",":' ,:, ~:. x ,-' 174 ,, 4-4- 46278 ]. 63.80 Chec:k I--I:i. s to r y 3----14-94 COUIqCII... L..I,STII'--IG C-ITY CJI:' COLtJMBIA I--iti~.l(:-;I--I'l"'.i.:; GL540R----V04.10 PAGE: 5 B AI"-I I< Vlii:NI)OR [)FIIT.:C K NLIMBE:I"~ AMOLJNI' QLJAL. I TY BCIOKS, II',IC .. :~!;UBUF~:I.):AI',[ fAX I COF;:F'[)F~,'AT I 0 I...I S 'TIRE & liilXHAtJST 46279 3.1.9.30 46280 7.1.. O0 4628.1. .1.45. O0 46282 6~-o ,..1. 5 ~oz.o,.~ .1., .1.0.1. 80 :l o ~:. ~ 4 .1. 72 ..... 46 ~:. [:. ~ ~:: Z.. 46 46286 2..40 .. 00 46287 .1. 0.54 462:88 7 ,, 84 46289 79.00 46;.?.90 1.4.62 462'9.1. .1.40.00 462.92 :l. 0.50 461':".93 4 :, 647.50 ,: ..... '""~ 092.20 ~o~:. ? 4 .1. , .... ,.~1/. :'-', C, c:~ ' .... ..,,.,,: ...... :: :, ':..'; ..... ,38 '~ -~- ":"::;"" 66 04 46. 2'. ':;:' :~il .1.04 ,, 8:.3 46:.':'i:99 .1.09.92 4,.':': :.':'; 00 "',"v"' "-'" 46:SC' :1. /:,92.25 4.6:.".;02 .1..1.2 ,, 43 46:;S0:3 .1. 46. '-'7 46:.".;04 14 ,, 9 .I. 46305 31.90 46306 .1.03 ,, 99