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HomeMy WebLinkAboutMay 16, 1994 Work SessionCITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 1V[ayor Joseph Sturdevant · Councilmembers Donald G. Jolly Bcuce G. Nawrocki Gary L. Peterson R~berl W. Ruettimann City Manager Patrick Hentges NOTICE OF OFFICIAL MF_F~TING Notice is hereby given that an official meeting is to be held in the City of Columbia Heights as foHow~ Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: MAYOR, CITY COUNCIL, AND CITY MANAGER MONDAY, MAY 16, 1994 8:00 P.M. CONFERENCE ROOM WORK SESSION AGENDA 1. Sheffield Redevelopment Status 2. Police Staffing 3. City Attorney Contract 4. Landfill Cleanup Legislative 5. Bond Issuance Charter Change The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER MAY 11, 1994 SHEFFIELD REDEVELOPMENT STATUS At Monday's work session, I would like to discuss with the City Council status of the following Sheffield redevelopment issues: 1) Status of Acquisitions Please find enclosed three of the appraisals for the five remaining parcels located on the 4600 block between Pierce and Fillmore Street. One of the property owners is obtaining a second independent appraisal, and we are making an offer on the other. I expect the appraisals for the two remaining properties to be completed within the next week. If any offers are accepted, those purchases will be placed on the city council meeting of May 23rd for consideration. In the event the offers are rejected, Council may be faced with a condemnation action commencing at the June 13th City Council meeting. 2) Independent Planning Proposals We have received a proposal from McCombs Frank Roes Associates, Inc. to do a planning analysis of the neighborhood and the 4600 block of Pierce/Fillmore Street. Enclosed please find an outline of a work plan submitted by QSA to do a similar analysis. The QSA proposal will include an option to do an expanded program city-wide. I recommend that not more than $4,000 be budgeted for the initial planning for the Sheffield neighborhood. Future planning fees could be built into architectural design or other project development expenditures. A planning report would be the basis for developing a Request for Proposal offer to developers or alternatively establishing the planning standards and development parameters in the event individual lot sales option for the 4600 block is selected. 3) HOME Program Development As I previously noticed the City Council, it appears the City's $120,000 HOME application through Anoka County will be funded. The proceeds of the grant will be used to convert three duplex buildings into single family homes. All of these buildings are located off of the target block. The proceeds of the sale would go into a revolving fund that will be used to fund future duplex conversions in the neighborhood. The next step in the process involves developing a work plan to undertake the remodeling. This could involve the selection of an outside firm to give design assistance and work plan preparation, with the City undertaking the remodeling coordination. Alternatively, the City could seek outside proposals to have a private contractor or developer submit plans and budgets. 4) Building Removal/Demolition City staff is in the process of preparing a specification that calls for the removal of at least 15 buildings located on the 4600 block between Pierce and Fillmore Streets. We have developed feasibility costs for both movers or demolition contractors. It is possible on the upside, the City could receive as much as $3,000 per building if allowances are made to have the duplexes moved or alternatively, on the downside pay as much as $67,000 for the removal and regrading of the property through demolition. Currently, the staff is working out details to assure performance and to avoid liability pitfalls associated with the moving alternative. 5) Sheffield Financing On the May 23rd agenda, the City Council will consider adoption of an interim budget for the Sheffield redevelopment project. At this point and time, the $1.5 million project will be funded with a 13 year HRA tax levy, liquor fund reserves, and CDBG allocations. Another action item on the agenda will designate the area as an expansion of the Central Business District redevelopment project. This step is necessary in the event excess reserves become available from the TIF district. The actual use and transfer of these reserves to this project will become a separate action item of the City Council should they actually come to fruition. At this point, the HRA has approved the expansion of the tax increment district to include Sheffield area and also has committed to HRA tax levy. I cannot stress more, that though this is an interim budget, the City is committing financial obligations in that funds have already been authorized for development expenditures. Further, should no tax increment, reserves come about, or future grant opportunities are successful, or land sale/development fee projection occur, then the HRA levy and liquor fund reserves will be fully obligated. 6) Future Public Hearing The City Council posed a specific question relevant to a public hearing or town meeting on the status of the development and the financing efforts to date. The May 23rd City Council action item deals more specifically with the approval of an interim budget and the actual expansion of the CBD tax increment district. It has been suggested that another public hearing be conducted at which citizens will be briefed to the specific financing obligations of the City and a specific development plan for the neighborhood. In my opinion, another public hearing may be beneficial, but the Council does have to provide final direction and answers to some or all of the above items. cb 4-600 BLOCK PIERCE & FILLMORE STREETS 14' 47TH F6o'-l-- ~3' I ~3'--! 4654 4648 4642 4636 4630 4624 4618 4610 4606 4600 4601 46TH 4624 .,Int.., ~vt t't-', i,"~,6oo ',. ", ",\ ~ I \ AVENUE AVENUE 4655 4643 4637 4631 4625 4619 4613 4607 4601 ! I CITY CONTROLLED PROPERTIES ~,~e,~t~eeee~.. UNIFORM RESIDENTIAL APPRAISAL REPORT m~ P~erty~um~ 4648--4650 Pierce S~r~t ~ C,ty ~a ~zgn~ ~te ~ z~ 5542~ L~t~. Of N ~' Og S 240' Of L. 11, BI.1 ~..~,o~ Z~"b~. ~nty ~rmnt ~ ~S. ~nald ~ ~nt: ~ ~ ~ T~nt ~ ~ant ~ct Ty~ ~ ~D ~ ~m (HUD/~ ~) ~A$ /~. ~m~ ~ffield's ~i~sion ~p~e ~T~ Sale Pdce $ ~ Date o~ Sale !~ De~r~m a~d $ amou~ d b,y~ ch~es/Cmsce~ lo be prod by .el~ A~dress 590 40th Avenue N~, Oolumbia HL~., l~l 5~lZ1 Address 4230 Central Avenue I~, Columbia l~cs, I~ 55421 Note: ~ and the r~ill compolitfen o~ the neighbodlood lrl not appraisal flctorl. Neig~lX~OOdboundermsandcharacterletcs: 45th Ave on south~ 47th Ave on the north, Johnson St. on the east, Ave. on the west. An area of post NW2 doubles, a~)~s, and single family res. Fm that Ifbct the marke~bility et the propmtie$ in the neiohborlx~. (proximity to . .e?31~yment ard a.?nitle~,employ.ment stability, a ,l:N~eal to .r~ark~.. etc.): nave creace~ a negaczve ~mpacc on ex, scrag ~uplexes in ~articular. [~cation is convenient to high schonl, 9fade school, hall fields, and at 45th-46thr vest of ;otmson). Bus service on Central Ave. - ~ II CIIta o~ competitive properties for ~ale in the neighborhood, description of the prevalence of Isles and financing concessions, etc.): has been slow in this area due to deferred maintenance on sc~e properties do not move very fast in spite of good lo~ Im I~lDe (If ~ ~ ~at~ f~lit~s: 115 IT~r~ ~lrly 6~9~ ~. ft. ~L~ ~Yes ~ I~ze 'S~ndard lot ~t~ a~ R-3 ~eral Residential Sha~ R~ten~lar ~: ~ ~t ~ ~ ~ ~ (ex.in) v~ Simllar ~pl~: I ~/~r ~nc~te FE~ Is~t ~ts ~ ~ ~ FE~ ~ C ~ ~te 9/29/?8 ~ ~. ~[~h~n~. ~HI ~s~s. ~Am~. ~1 ~ ~1 ~q~ z~ ~. ~.): GENERAl. ~S~H,P~ ~N EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION ~o. elu.~ __ Fouamt~. Conc. blk. Sleb AmaS~.Ft 1056 Ro~ No. of Stode8 __ Exteno~ Walls STUCCO O'awl Space % F,n~hed Celing Ty~e (Def./Att) __ Ro~ Surface Basement ~11 Cemng Walle Deeign (Styfe) Gutfe~ & Dwn~ol8. G, ]: · SumD Pum~ Walls Floo~ Ex~ting/Pml~md __ Wmdew Ty~e Darnl~em~ FIo~ No~e Age (Yr~) -- Slorm/Scmens CC)I~, Settlement Outside Entry Ualm0wn -- Manufactured House Infestation Ama Scl Ft Finished area above grade col~ain~: 9 Rooms; 5 Bedroom(s); Beth(s); ~Quam Feet el Gross L~ng Ama IN/bPJOR Materials/Condition Feom Opt & oak/good w~ Plaster/average T.m/~ Wood/varnish BemF~x Oar. tile Sa~ VV~,ac~ Cer. tile HEATING Ty~e FA Fuel C~:~S KITCHEN EQUIP. Refrigerator [] Range/Oven ~ Fan/I-kx)d Microwave ATTIC None Stairs Drop Stair Scuttle Floo~ Heated AMENITIES ~E~ Fim¢iace(s) a 0 Patio __ Deck F~cl~ BF~e Condili~n Wa~her/I)ye~ F,nished F""J Pkg. pad 20 X A~dit~lal features (special en~gy efficient items e L: ) __c~d_e~_ attic insulation, kitchen r'eerxleled. ~tral Air units added in 1991. Parking pad. Ccwldition el the irnDro~a~mefll$. ~lepmc~t~on (physical. functional, and external), reDa.rs needed. Quahly of construction, remodeling/addd~)ns, e~c.: External or locational obsolesence due to the CAR STORAGE: Garage · el cars Attached I~Jilt-ln Carp(xt Never (' 89) and in 1993 is $63,800. Adveme mnvh<mmentat condit~ns (such as. ~ not 'i~. ired, to. hez, l~r~ wa~te~, t~xJC ~ub~tanc~..etc lgrese~ in the~a~(~{q_.ihe~e~ in the immediate vtctnity el the ~ubject De'ooerty: I~e zn ].mme~late vzc~n~y .oz stuo3ect. 'mere %fas lan Keyes Park, but that land is below sub3ect grade. Frm:l~e MIC Form 70 6-93 12 CH PAGE t OF 2 FIn,~e ~ Fm'm 1004 (6-9~ 01993 Fomtl and Womll~ Inc.. 315 Whdney AI~. New Hlve.. CT 06511 I (~001 24.~4S4~ Itel Il ] t t 920 v.~...,.,~.,, UNIFORM RESIDENTIAL APPRAISAL REPORT IEST,,TEOSrrEWLUE 6900. S.r. ~'.50 ........ $ 17,250 C~.~.,. o. C.~t ,~o,~ ~,,~..s..,~.~ ES~TED RE~CTION ~ST-NEW-~ IMPROVEMENTS: site val~. ~m ~ ~t~ ~ f~ HUD, ~li~ 1056 ~ Fte S 58 - s 61,250 eshmated remaifli~ ~ life ~ t~ ~~'FtGS~. 38,250 ~st data fr~ ~raiser ~alys~'s Bldq. ~/~ O ~F{.S 0 - ~ _ ~ildi~ ~s ~ eff~i~ aoe of 20 yrs. ~T~~ ............. -S1~,~ _ ~tal ~n~ic life is a~t 65 yrs. ~ 3~ ~, ,2~,e,.~ _ ~0/65 = ~. $55.50/sf +1.~ stu~ + ~~~ ................ . S 51,250 ~5$/sf. W"~'~-~-~ ~.'. ~d.,..~- s 1,5~ ~ JN~D ~ aY c~ ~oacH ........... - s 70, ~ ~ ~M J ~E~ ~LE NO. ~ ~M~BLE ~. 2 ~M~B~ NO. 3  ~8/46~ 4539 Et[~re St. ~ 4535 ~y[or S~ ~ 453~ ~[e~ S~ ~/~.~ S ~ ~ S 33.18 ~....~_2~;; S 31.59 ~ .... S 36.58 .:...:.: 1,~ ~nus -1~ ~ Fin. I ~ ~v fin. I = /T~ ~:..~'-;.~'., ;.', 5-28-93 , = 1-15-~ , = 9-1~92 ~ +1~ ~ffields ~effields [ = ~effields I = ~ffiglds { = ~ ~ S~ard S~ndard i= S~ndar~ = Standar4 { = ~ v~ ~pl~s ~lems [ = ~pl~es ] = ~pl~4pl~ = A~rage A~raqe ,, = A~rage t = Average , = 34/~0 35/25 i+2~ 34/30 { ~ 35/20 , , ~ ' , , : ~~ 9 I 5 I 2 9 i 5 i 2 = 9 , 5 , 2, , ,' = 10:6 12~ = ~ ~ ~ A~ 1~/195~. Ft 1056/195~. Et ~8/167~. Ft. 950/~. Ft. ~iF~ Incl. in I~1. in ~ = Incl. in [ = Incl. in : = ~~G,~ ~r ~i% lower ~it ~ lo~r ~it " lo~r ~it , ~ Fu~ ~my A~rage A~raqe I = A~rage [ = A~rage ~ = ~"~ ~ GF~ ~ +2~ OF~o ~ +20~ OF~ I +2~ ~ E~ E~ ~ ~ f~I~ Standard : +2~ S~dard ~ +2~ Standard ~ +2~0 ~z~ ~/~4 I No = ~ : = 2 ~1. ~r. I 5~ ~ ~ Rent/~lu, 11~ + 56.68 ~ 47.11 i 95.20 Commen~ on Sales Comea~isoo (mClucli~ t~ ~bect Drooerty's comDah~lily ~ t~ ns~gh~rhood, elc.k ~lere are other duplexes sold one unit at or slightly below I did not side side units with basements I also within the Sheffield area. I[%~M SU[~JEC~ GOMPAP~aLE NO. , COMPARABtE NO. 2 CO~PARAaLE NO. 3 m~,P~ Not listed No sale within the No sale within the No sale within lm~,~ nor sold in prior 12 months prior 12 months the prior 12 m~nths. An~ el any cunent aomemeflt o~ ~ale, ~. o~ I~ of ~ ~ ~ty a~ a~5 d a~ ~ ~s 0f ~t eff~t for sale of subj.. It is ~ t~t t~ City. s in this bl~k. ~D ~ ~ ~S C~ A~ROACH.. 1100 ~~: ~ ~ is the a~raqe of data fr~ similar ~les ~s~ t~t t~ pro~rty is free of liens or entrants. F~-~: ~ 3 appr~s reset in a fairly similar ~lue. ~ ~r~t and in~ (~st ~s ~al ~ ~r~t). The purlx)~e ol Ibis a0¢reisal is Io eslm~ete the market value ol Ihe real 13~oOefly thai is the SUbleCt of Ih~ reporl, based on the al3ove condd~ons and the ceflilcation, contingefll and limillng conl~loas, and learkel vakJe delmlbon Ihal a~e slated ,n lhe attached Freddie Mac Fo~m 439/Fanne Mae From 1004B (Revised I (WI) ESllMATE 114E MARKET ~RLLE. AS OEFINED. O~ THE REAL PROPERTY TNAT IS TNE SUBJECT OF THIS R~PO~, ~ ~ April (WHICH IS ~ I~ OF INSPECnON AND.~E EFFECTIVE DATE OF THIS REPORT) TO BE $ 71 ~ 000 APPRAISER: [.,~.~/; /) /~ //~~ SUPERVISORY APPRAISER (ONLY IF REQUIRED): Name Malcolm 0.- W~i~on Name DateP~o~tS~oe~ April 6, 1994 0ate~e~xl$~.e0 State Ce~i~at~. · 4000369 State b~q ~t~te C~rti~t,~. · . State Or State License · State Fredclm Mac Fo~m 70 6-93 12 CH PAGE 2 OF 2 Fanme Mae Ftxm 1004 I6-93 ~1993 F~m$ ~ Worm&~ Inc., 315 Whib~ey A,~.. New Halm, n, CT 0~511 1 (~00) 243-4545 ! tam ~ ! t 1920 UNIFORM RESIDENTIAl. APPRAISAL REPORT Fib No. ~o~a"y~m~ess4619-21 Fillmore St. N.E. c,ycolumhia Heights state MN Z~Cod. 55421 LegalDeacd~tica.~O ~0' of N 120' ~t 13 & S 60' of N 120' of W 25' ~t 14 ~i~ds ~ ~tv ~',~mm~. 25-30-24-34-0050 TaxVear 1994 RE TaxesS2079.88 ~'~s~,$ 0 Cur~nt ~r Vacant ~oRct Type ~m~n~m (HUD/VA only) ~A$ /Mo ~ = ~ ~ ~fi~ ' s ~v~ion ~ ~e 4B-18 ~. Tr~ }~4 ~reas4230 i LTr " []Urban ' [] S~ur~:~[] Rura, Predominant "' Smgte temily ~ousing PrSaer~t land use %' .and use change I-~O~ 75% [] 25-75% ~. 25% ~c~.nc. .(OO0,~ICE ,Y.IA~E ~ family 20 ~t ,,~,y ~ Likely Note:. ~ INI the ,lt..lei comlx~Rlon of the neighborhood ara not apprailel factorl. ' _Ne~;~=o~no~t~3u~da_ nesar~cha,acte~m~s: 45U~ Ave. O~ South, 47th Ave. on the t~3rt_h, Johnson St. on 'c.he East a~ Ceatral Aven~e on the Nest. N~ a=ea of p3st t.Z~I doubles, ar~cs., and sinc. ile family, res)cl. Facto~ that affect the nmrketebilit, (oroximd and amemt~es, etc.). [ocaticml ~s c~venient to high school, ~rade school, ball an area at 45th-46th, ~st to Johnson). Bus service on Central Avenue. Mlfk~ ~-~,'~icm~ m the lUbjecl neighlx)n'~x)d (inciud~g ~ ~ t~ ~ ~ ~t~ to t~ ~ ~ ~ v~s, ~1~. ~ ~i~ ti~ ~h ~ data on for sale in the neighbor~od, descr,pt,on of the prevalence of asles and financing concessions, etc ): ~k~ ~ ~ ~ ~ue ~ d~ ~t~ ~ ~ ~~ ~ ~ ~ ~e ~ fast ~ ~ite of g~, l~age ra~. I~ 1~l~31~tltlOI1 ~ I~JDI (If appl~7,able) - - Is the developer/builder ,n CO~ (~ the Home Owners' Assooat~on (HOA)? [] 'Yea [] No AO{xoximate lot, al number o~ umts m the sublect profect ~ A~fxoximate to{al number of umts for sale in the sublect I:~ofect [~ Describe commoa e~m~ente and re~eat~nal fac,ht~es. o~,mem ~Q' X 126' ]Topography F~irly level site s~m 7.560 sauare feet ~L~Yes ~ ~ez~~t~.~ R-2 General Residential ~ a ~ ~ ~ ~ ~ ~t use ~ Ot~r ~e (e~,n) V~ S~ d~l~] ~1~ ~ ~ ~ ~-s~e I~ Iy~ Publ= ~ivate ~ ~ Av~a=e S~m ~ ~ I Alley Pav~ ~ ~ I FEMA Map ~. 270n~n-nnns-~ ~ (a~t ~ ~ts. ~r~h~nts. s~l as~ss~ts, sl~e areas, i1~1 ~ ~gal ~;~m~ z~,~ ~. etc.)' No adverse eas~en/s apparent or of record--see "Survey Sheet" i GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No.o~ Un~ 2 Foundation (~onc. Blk. Sab Area Scl Ft 1056 Roof __ [] No. c~ st~.. 2 El(tenor WWIs St%.~ C~'awl S~oace % Fmsshed 80 Ceil)fig -- [] Ty~e (n/Att.) Detach P~ ,~],face _Asph. Sh~l. aasemenl FUll C.~,,,ng Walls [] De~g. (StWm Duplex Gat~s & ~w.spts G. I. su,~ Pump wa,s Fbor -- Ex~ng/Pmeosed Exist. Wi.dow ly~e Dbl. ~ Dampness Fioo~ None [] ~e" (Y~) 34 Storm/Screens C~bi~atio~ ~ettmment Outs~e Entry Eff~e age {Ye.) ~ Mam~actured House Intestat~ R(~ FO~ U%4~g [~ning KNchen Den Famdy Rm Rec Rnl Bedrooms · Baths Laundry Other ~ 1 1 2 1 1 850 fin. Firfiahed area above grade coatain~: Rooms; Bedroom(s): 2 Bath(s); 1008/190Q S~uare Feet of Gross Living Area INTERIOR M~tefiaM/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIEs CAR STORAGE: . NFIo~ Cpt . ~ TYPe FA, Refr'retor ~No'la ~;F~eo~'s)w 0 ~ [] wa~ P]~stm:/Rve~ac~e Fuel ~ Range/Oven Stars Patio Garage · of cars I~ Trlm/Finilh Wooc~V~$h Condff~ D:sposal Droo Stair J Deck Attached [] Bath Floor Ce~a~c Tile COOUNG D~shwasher Scuffle 'Porch Detached Doom itOl:].O~ core Othe~ ~ll M~Crowave Heated Pool Carport Condit~n Washer/D~ye~ [--'] Finished r~ [-'1 Driveway I Additionalfeatums(slx~'Cmtenetgyetfioentitems. etc)' Fence in back with parkinq area off alle¥~ storage shed and patio. average condition ~3te: Assessor's Est. ~t. Value 1991 ~s $66,500, 1992 was $67,100, & in 1993 is $60,300. ~ IllVlr0nmentel conditionl (~uch a~, but not hm,ted to. hazardous wastes, toxic ~ubatances. etc.) i~xesenl in the mtprovementa. O~ the ~te. or in the immediate vicinity of the lubject I~0~ly.: ]~:)ne ~ i~m~c~i.ate vicinity of Subject. Fre~(]i~ MIC Form 70 6-93 12 CH PAGE I OF 2 I=enme ~ Form 1004 ~6-~ Glg93 Forms and Wo,m~ Inc.. 315 Wh.~ey A'~., New Haven, CT 065~, ~ f,00) 245-4545! t em # ! I ] 920 V. tudlo, k dte. UNIFORM RESIDENTIAL APPRAISAL REPORT F,,,o. ESlIMATED SHE VALUE .7.~)0..~;~r 50/S:[ ....... $ 18 o 900 Comments on Cost Ao~oach Isuch as. s~urce ol cost est,male. ES'IIMATED REPRODUCTION COST-NEW-OF IMPROVEMENT~: sde value, square 1ool calculatK3~ and for HUD. VA and FmHA. the Dw~d#ng 10 0 8 S~ Ft S $ = $ 5 8 · 5 0 0 ~st,mated rema~mng eCOnOmic life of the ~ro~erty): ' trcm A~raiser Analysts Building Costs as Fin. 850 Sa. Ft4$ 45. O0 sh~, patio, fete (est) Garige/Caq~otl -- ~. Ft ~ S ..... T~ E,~ ~t ~ ............. -S 97.750 ~. 30t ~ Fu~t~al ~0~xtern~l ~ 29~325 ~ 0 / [9,550 ~ ~ ~ I~nts ....... ~ $ ~.e~o ~ aY COST ,..o,c. s SU~E~ Januaz7 ir 1994. Buildin~hasEffective~e of 20 years Total Ecc~c~icLife is about 65years 20/65 = 30% External due tn lowered values in Sheffield Acres- 20%. 68 COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 4539 Fillmore St. N.E. 4535 Taylor St. N.E. ~N. UE N:)JUSTMENTS Sales or Fin~ C~lc, ess~o~ Oale of Safe/Time Lcxmtion Lea~h~d/Fee ~ Baesmenl & Fini~h.(I Ro~m~ Below Grade Fu'~tlOf~l Utility En~gy Efficient Items G~ ragelCarl~ DESCRIPTION DESCRIPTION DESCRIPTION ,,~ :.~,...: .. $1,000 bonus ~ ~. :,- .... to sell, A~t = ~ ~. ' '~ 5/28/93 , ~heffields She f fields Fee S~mple Fee Simple Uuplex/Fair Duplex/Fair = Rveraqe Ave~acje , = 35/25 35/25 ' = Average Ave~acje = 9 i 5 i 2 9 i 5 i 2 , 1008/190~,~. m. 1056/1956~. m. -1000 Average Average , = St:ar~--d S~d , = bk3 ~ ~ = Shed pa~ None ' +1000 Fe~,ce t~ , + 500 56,68 :~: - ~ + Fl-Es 1,5oo ~:~ ~!! .~: ". s 65,400 s~lect property's com~ahl~hty ~o the 1/15/94 Sheffields Fee Single Duplexes Duplex/Fair Average 34/30 + t-t S A~lUS~mlm ' +4000 Average/FairI +5000 Yo~a~ ; ~s ', Sams 948/1678 sq Ft. +1000 ,ower Unit = Average Standard 4532 Tyle~ St. N.E. M.L.S. DESCRIPTION J + (.) S Adtuslmem ~ , 9/10/92 i+~O0 Shef fields J ~es S~ple ~ Duplex/4 ple~, Average i = ! - ooo Average , 11o:612 , 19 o/19oo . ,.i +1000 Fence. eoa~ ee. NO + 500 47.11 = ~ - Il-is n,5oo ,. s 64~500 Adj. (to,al) A(~uefed Salel Pdce Comparabfe ~m ~ ~ ~ (,.ckx~ the werage : = 2 Dbl.Gar. : -5000 ~ : +1000 NO ! + 500 95.20 ~ · F~-is 4,5oo ne,ghOorhooa, etc) There are other duplexes the area, but I took only the split entry type with one unit at or below round level and the other above. I did ~o_t__c~nsider side by i. ide units with basements below each nor double bungalows. I also stayed the Sheffield area. 'GMM ~S the' sellinq p~.ice ~ monthly rent ITEM J SUBJECT J COMPARABLE NO. 1 ~,,~,,,~,,., J~.~. J prior 12 months Subject is like COMPARABLE NO. 2 COMPARABLE NO. 3 NO sale ,,,d.thin the NO sale within the ~rior 12 m~nt~ prior 12 months 'NO durre~t agreement in e~ect for sale o= suD]ec=s. ~:ity is a~tampelng ~o acquire all duplexes in this block. ,,~C~EDV~UJE.~ESCOMP~SONAP"O~H ............................................... ~a''~--$ ~irl~AT~._D ~1 i ~ ~ iNCOME APPROACH jif .An,.d~=~ Esfi~t~ Ma[kef Rerd S 1100 /~. X ~oss Refit ~lt~ It is assumed that the property is free of liens or encumbrances. ~~: All three approaches result in somewhat similar values. I would give greatest weight to Market Approach to value. T~ ix,tlx~e Gl ~his aporam~ ia to eatimate the mark~ value el the mai I~0edY Ihat is the subiect 01 ~ ~' ~ m ~ ~ ~ ~ ~ ~t~ ~t~ ~x~indingceeddi~nc~madcMva~ed~maien~hatamstated~n~hea~tac~dF¢e<XheMacF~rm439/F~F~m~4B~-~1 29 {994 ('tWllCtl IS THE ~ OF INSPECTION ANO I'~.E EFFECTIVE DATE OF THIS REPORT) TO BE $ · b:3,, UUU APPRAISI~R: /~J. ~ /9 ~ /'~i/'j~.,~._ SUPERVISORY APPRAISER (ONLY IF: REQUIRED): [] O~ [] D~d NOI [;~te ~ Skmed Date Report SCned [,tale C~ltf'?~,t~'~ · 40003 69 ~tate [v[~ State C, ertil,cat~)n · State (:~ State Lk~-,~e · [~tale O~ State bcense · ~tate r*e4d~l NIIc Fol'm ?0 ~-93 12 CH PAGE 2 OF 2 Far, me Mae Imm 1004 16-93~ O1993 FMml Ind Wol'ms~ Inc., 315 Whitney A'm.. New HMn, CT 06Sll 1 (800) 243-4S45 ! t em # I l I 920 UNIFORM RESIDENTIAL APPRAISAL REPORT Pmpen~Addmaa 4631--33 Fillmnre St. N,E, C~ol.mbia' Heiqht~ smm MN 7Jpco~ 55421 S 60' of ~ ~ & S 60~ of W 26' ~ ~ B~ 1 ~F~I~ ~Y ~oka ~. 25-30-24-34-0050 Tax~ 1994 RE. Ta~s$ 2106.74 ~,~,m$ 0 ~City of Columbia Heiq~ ~/J~ce ~ ~: ~r ~T~ ~ ~m ~ ~m ~ ~ F~ Si~ ~ I ..~ ~ T~ ~ ~D ~ ~imum (HUD/VA ~) ~A$ N.A. /~* ~ = ~ ~ef~-l~'s ~VJ~ ~p ~emme 4B-18 ~Tr~ 514 ~ S NA ~d~ NA ~S~~/~~W~ NA Patrick Hentges,City Mgr. A~m~ 590 40th Avenue N.E., Col~abia Heights, ~ 55421 ~ Malcolm O. Watson a~maa 4230 (~eral Avenue N.E. t Ool~abia Location ~U~ ~ ~~r~ ~in.nt ~S,~) (y~) ~,~i~ .~ ~ ~ ~ ~ 75~ ~ 25-75% ~ U~ 25~ I ~' ~ ~E ~ ~ ~ S~ ~ I ~ ~L~ 25 12-4~i~ 60 ~fi~ ~3~ 3-6~6~-I ~(~5%) les ~Ol ~: ~ i~ ~ =1 ~ d ~ ~ am ~ ~1 f~ ~~~~45~ve. ~ ~ 47~. ~ ~~r ~n SI. ~ ~ ~ ~ a~ ~ ~ ~ ~ ~s in ~ ~ (~xim~ ~ e~ a~ ~s. ~ ~1~, a~ ~ ~, ~c.}: a~ 45~46~ ~ ~ 3nhn~). ~ ~ ~ ~ Heiqhtst Y~q 55421 land usa change '-]in Ixoceaa __ TO: Single Family - ~uch aa data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.): do not move very fast in se.ire of ~ood low ~aqe ~ates. I--lyes [-~No A~ximate t~ number of units in the subjeof Ixoject _~--~_-~i~ ~C.T.T,~ el~ a~ i%~__~-,,~al facilities: [~me.~ma 60' X 125.7 & 125.83 amaea 7,546 sq,,are feet Comer Lol ['--I Yes ['~INO Spec~czo~ngdaa~ficafionanddsac~mn R-3 General Residential ~h~ ~e ~1~ ~ ~ ~-~ Iw~-~ Ty~ ~ ~a~ Topography Fairly level si~e S~e S~r~lard ]cfc ~m~ Positive to St/Alley vmw Similar duplex/Schools La~a~ Average Ome~ay sum~e Parkinq pad-Oc~crete FEMA Z~e "C" M~ ~ 9/29/78 FEMA Map No. 270010-0005-B NO adverse easements apparent or of record--see "Survey Sheet". GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units 2 Foundation Ck:a'~.Blk. Slab . AmaSq. Ft. 1008 Roof __ NO. ~ ~ ~ Exterio~ Walls ~ Crawl Space. % Finished 85 Ceiling -- Ty~e(Det./Att.) D-~ch RoofSudace Asph. Shql. Basement . FU.]..1 Ceiling Plaster w~is __ De~m(StWe) Duplex Gu,e,s&Owna~s.G.l. sum~pu~.__ w~ p_l..~2r,_ F_kxx __ Existing/Prolx~ed Exist. WidOw Type Dbl. Hunq Da~me~ . -- F~o, Tile/Cazq ~ __ Age (Ym.} T Storm/~ 02111b~'lliO ~ettleme~t . -- lOut side Entry Yes Unlmown __ Effective Age (Yrs.) 2 0 IVan, ,e~,red I-k~ ,~ Infestation I ROOMS I ~ I L~ngI ~.,ng I~,c'. ID~ I;,m,~R..lRec. R~.l~roo.~ .B~,,. IL. and.,I C'.~ I '~'~" -'~,--,~l I1 I I i I I I I 2 I 1 I1 I I~.5° ~.~, I I i I I i I I I I 3 I I I I Ioo8 Finiahed ama _-__~3~__ grade contains: 9 Rooms; 5 Bedroomls); 2 Bath( ' / Feet INTERIOR Materials/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES I CAR STORAGE: Flon~ CDt & ~k/Gooc] Tyoe FA Refrigerator [~J]None [] Fi~ace{s)e__O DlNone [] VValm Plaster/Average Fuel ~ RBnge/Oven~lsmi,, LJ Patio 12 X 18 IXllC~rq,' ondition Washer/Dr~' ~ Finished [-- [l/~ Condition of the imp/ovements, deomciation (physical, functiom]l, and external), tel)mrs needed, Quality of conatructio~, remodeling/additions, etc.: is in averaqe condition. Adveme envkonment~ condit~na (such aa, but not limited to, hazan~ous wastes, tox~ substances, etc.) pmsant in the impn~enents, on the s~e, ~ in immediate vicinity of the subject lxoperty.: None in imm.~ia+. '!c!nity of Subj--ct. Mae Form 1004 (6-93) Freddie Mac Fora1 70 6-93 12CH , PAGE 1 OF 2 ~1993Fotms end W~tm~lnc.,315%~ilneyA~..NawHl~en. CT0~511 1 (SIX)) 243-4545 Itee Jill920 c~ ESTIMATED SrrE VALUE 7546..@$2..50.. Crc~n~d~s ]-8( ~0_O Comments on Cost A4~roach (such as, source of co~ ~te va~e, squme foot cak~dat~n and for'HUD, VA and FmHA, the as of 3anuary i, I994. _~,ild~r~ has Effecti~ Se of 20 years Total ~concmic Life is about 65 y~s 20/65 = 30% ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: Dwelling 1008 Sq. Ft~$ 58.00=$ 58;464 __= 1_. 000 Ga~ge/Ca~x~ NA Sq. Ft ~ $ NA = 0 To~ Es~mmd C~t N~ ............. -$ 97.- 7] 4 L~ 30% Ph~a~ Fu~ Dep.~a~. 29,314 I [19,543 = $--48,857 De~mcmmd ~ of ~.P~m ................ = "As-m" ~ of UEM I SUBJEC~ 4631-33 Fill~e ~,=~ St. NE Col. Hts. VALUE Sales o~ Financing Da~ d S~elTime S~e V~ Deagn and ~?~ Quality of C.,~,.ct~on Above Grade Room Coum Gross Living Area ROO,T,~ Bek~w Grade F~,, ~,~u, ,al Utility DESCRIPTION Er~gy E;~-,t ~ Pom~, P~, Deck. F;,--.:- ~.s), etc. Pool, etc. *(~tVl Adjustecl Sales Price COMPARABLE NO. 1 COMPARABLE NO. 2 4539 F!]]~e St. N.E. 4535 Tayl~ St. N.E. 1 33.18 M.L.S. DESCRIPTION + (-1S t,J~,i,,~; ~l,000bonus COMPARABLE NO. 3 4532 Tyl~ St. N.E. M.L.S. M.L.S. + (-I S Aak~l,,~,! DESCRIPTION I + (') S ~.~u~;,~ DESCHiP¥~.3N ' I 95.20 ' ;. 68 ' 11 1000 of com~arat~e Comments on Sales Comparison (including the subject i)rope~y's compatibilily to the neighborhood, etc.): ~r~heze are o~Je~ dupl~mes sold in the area~ ~ I too~ only the _~nl~t ent~ type ~rith ~e unit at c~ slightly below ground level a~d the O~h~r ~ _~3ve. I ~8 not co~s4,%~- B~- b~ siR- units with bas~¥:.t~ ~l~w nor d~3hle h~-.~lnws. I ~1~,~.'~ stayed within the S _he_¢fi-l~ a~ *~4 is the ~=111ng ~rice ~ u--,y~thly re~t. Subject most like #1 @56.68 I n~r sold ~n pri~r 12 ~ths pri~ 12 ~nths S~.k,~s ~p9~__t-12 prior 12 m0~tbs No c~t a~-~-,~nt in effect for -~le of subiect. It is knc~ that the City zs - = $ 67. 500 ~ Re~$ .LU~ /MO x ~r~s~enzMu~ ~'"fs ~s~-Umed that the property is free of lzens or encumbrances. ,, F~R~: All three approaches result in a somewhat s~m~lar value. I would give the ~reatest weight to Market Approach to value. aiq ............. ~-~-~ ~ oft~s based on the abo~ c~ and~e~L~- C~,u~t B ~~~ va~e..~oo~a, am.tedin~e a~edFmdd'Mac Fo~439'Fannm MaeF°rm ,004B{Rev~ed~.. mtwc/~o.~.b .,~ .............. , OF ~HE REAL ~Cq ~,~ m~ ~ OF ~SPEC~ON ANO ~4E EFFEC~VE DATE OF ll~S REPORt) TO BE $ "~ ' '" - ~ ' ........... F -£-- -~_ -- ~;5 .~Y- ~ SU~R~SO~ APPRAISER (ONLY IF REQUIREDN ~Nan~ Malcolm- O. Watson Name ms~e~P~er~ ~OamReoo~S~ned May 11, 1994 Oateaeoo. Sened State Rtat~ CertU~cabon · State State Or State License · ~tate Fanme Mae Form 1004 (6-9~ 12CH. PAGE 20~ 2 Fmdd~ Mac Form ?06-93 ' n CT~11 1 243-4~45 ztem #ttt920 MAY May 12, 1994 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N. E. Columbia Heights, MN 55421 Via FAX To (218) 829-9188 Dear M~Hentges: Our objective is to assist the coundl in determining and implementing alternatives which will significantly impact the problems that face the Sheffield Neighborhood because of deteriorating housing. The balance between city initiatives and ultimate private sector assimilation is delicate and can not be left to evolve passively. The steps taken by the city have been dramatic and decisive. To continue, Columbia Heights must move swiftly and with purpose or the current efforts will succumb to the ongoing decay that grips the Sheffield Neighborhood today. For the meeting on the 23rd of May we will develop an initial assessment and propose a direction for council consideration and action. The enclosed Report Outline sets out our current thinking (and alludes to a couple of new ideas that we think may impress the council). Give us a call with your questions or suggestions. CEO/President MAY-12-1994 11:25 Suite 330 7101 York Avenue South Edina, Minnesota 55435 Telephone 612.921.3393 Fax 921.3299 P.O1 Suggested Report Outline Quam, Sumnicht and Associates, Inc. 1. Brief analysis of the pros and cons of the eight options a. Discuss the implications of redevelopment alternatives for 4600 block b. Analyze the relationship of the companion incentive programs for owner reinvestment c. Suggest a new 4600 block option, that mixes the best of two alternatives 2. Discussion of elements required to optimize private sector development a. Developing community interest and commitment b. Acknowledging private sector need for financial return c. Involving the financial community and the CRA d. Stimulating market value improvement throughout the community 3. Outline of implementation steps for the Sheffield Neighborhood a. Elements of the program focus in strategic order 1) Strategy for 4600 block 2) Strategy for scattered site city owned duplexes 3) Purchase strategy for eliminating worst homes in neighborhood 4) Help for property owners wishing to transform market obsolete properties b. Guidehnes for implementation and timing of the Planning Study 1) Ways to access neighborhood character potential a) Creating workable covenants and development requirements b) Establishing design criteria for new and transformation construction c) How code enforcement can play a significant role 2) How prototype development can be implemented a) Avenues to gathering designs and developing work plans b) Possible steps toward initial construction alternatives c. Key publidty and public relations factors 1) Determining what issues will impact promotional efforts 2) How publicity may redirect development components 3) What may be required for promotional efforts 4. Relating these strategies to future city wide programs ~AY-~2-~994 ~:24 95% P.02 April 20, 1994 Mr. Patrick Hentges City Manager City of Columbia Heights 590 40th Ave. N. E. Columbia Heights, MN 55421 Dear Mr. Hentges: QSA has taken a leading role in helping Richfield design and develop its new resident/lender incentive program called "Transformation Homes". The enclosed Saturday Homes cover story from the April 16, Star Tribune features a prototype home that QSA reconstructed in cooperation with the HRA. This program's recent implementation begins the second phase of "Richfield Rediscovered", a concept that I introduced while I was Richfield's mayor (1987-89). In 1990, QSA was created to provide the "private side" support required to start market-driven suburban housing and development programs. Columbia Heights has been identified in our action plan as an ideal target community. We would like to discuss with you how you could create and market a program of incentives that could help Columbia Heights revolutionize its future as a marketable residential community. ! will call you in the next week to see if you would like a visit. Steve Quam Principal Suite 3,30 7101 York Avenue South Edin~ Minnesota 55435 Telephone 61Z921 3393 Fax 921.3299 o ~ t-- (D McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone ; . ,,E, ngineers 612/476-6010"::. '~' ?" Planners 61;~/,~7,~-85~2 'FAX' "--' April 29, 1994 Mr. Patrick Hentges, City Manager City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 782-2810 782-2801 - fax SUBJECT: Sheffield Neighborhood - Stabilization/Redevelopment Planning MFRA #9999 Dear Mr. Hentges: This letter is written following our meeting on April 28, 1994. The meeting with you and Donald Schneider including a "windshield survey" served as a productive orientation to the issues of neighborhood stabilization and/or redevelopment. This letter responses to your May 2, 1994 time line and is intended to provide a "beginning point" and perhaps stimulate additional discussion concerning the City's continued work toward the stabilization/revitalization of the Sheffield neighborhood. The issues are complex, however, the fact that the City has undertaken the acquisition of most properties within the block defined by Fillmore and Pierce Streets and 47th & 46th Avenues, is in reality the most significant step forward in revitalizing the area. The second step in the long-term process involves decisions regarding land use (residential housing type) and the formulation of Design Development Parameters which will "insure" neighborhood integrity in the resulting built environment. To approach a reasonable response to the question, we have proposed the City undertake a Land Use and Site Desiqn Study which will substantially finalize decisions regarding Land Use and the Design Development Standards, which presumably will enhance and complement the neighborhood without encumbering specific properties or any future redevelopment of the area beyond market expectations. The following is a list of work tasks which would facilitate the preparation of a Design Development Program which will serve as a City wide "showcase": Confirm the appropriateness of residential uses for the property by considering the comparative advantages of single- family detached and attached housing alternatives. This initial Land Use confirmation step will consider detached homes, townhomes, and clustering concepts considering the An Equal Oppodunity Employer Mr. Patrick Hentges April 29, 1994 Page Two topographic relief, and neighborhood context (existing and future). The importance of this approach is to consider various housing alternatives objectively. Identify a list of housing design characteristics which provide variety and avoid monotony and redundancy (this will include a pallet of exterior building materials, roof slopes, decks, porches, patios, building elevations, facade deviation, and roof line details such as; gable ends, dormers, skylight, pitches). 0 Identify a list of site design considerations which emulate higher quality residential neighborhoods; identify elements such as; walkways, fences/screening, driveway design standards, foundation plantings, specimen tree plantings, ornamental plantings, accent gardens, etc. e Determine minimum site floor area (percent) garage standards, side, setbacks, and lot width requirements. ratio, site coverage rear and front yard Se Determine and verify the most appropriate home sites within the subject block and determine realistic floor plan, i.e., full basement versus tuck-under or walk-out floor plan or side entry split foyer. Determine to the extent practical garage locations and preferred access whether from a public street, alley or alternative location. Also determine under various development schemes the appropriateness of the existing alley, face-to-face with garage location and home orientation. e Prepare Draft Design Development Guidelines for new construction and rehabilitation sites. Establishing optimal requirements to achieve the apparent goals of neighborhood revitalization, including architectural, landscape architectural and pedestrian and vehicular access considerations. e Prepare a draft Request For Proposals for consideration as one alternative to selecting specific builder/developers. The crux of this study is to provide a forum through an the use of a consultant to create a set of criteria and guidelines which will facilitate bringing to fruition the expected revitalization of older residential areas in the City of Columbia Heights. We recognize that such a study is process oriented and that the completion of the work is evolutionary in nature; from initial input, to developing consensus, to formulation of a plan, to site improvements. Mr. Patrick Hentges April 29, 1994 Page Three The process of developing a useable end produce study requires input and reaction from multiple interest. The final product, refurbished and/or new homes, will be determined by our collective ability to identify and determine what is ultimately visually pleasing and desirable and to create, guidelines and standards to implement "ideal images". A significant side issue will be to balance the ideal end results with reality and market demand. Because this study is intended to have considerable longevity, I believe it will be in the best interest of the City to commit to a number of meetings, facilitated by the consultant and City Staff, to develop the quality and nature of standards deemed appropriate to the revitalized neighborhood. This may involve citizen committees. It is difficult to estimate the cost for such services, however, for purposes of budgeting, it is conceivable that a total of six meetings may be required throughout the life of the project with an estimated cost of $1500. In addition, four meetings with City Staff may be needed, estimated to cost $900. Research time, document preparation time, and report preparation is estimated to be $1500. With regard to personnel assigned to this project I believe it would be essential and beneficial to approach this with a multi- disciplined team, involving myself as a real estate development planner, Theresa Greenfield as a Municipal Planner, Suzanne Rhees a planner with neighborhood revitalization knowledge, and Kathy O'Connell as an experienced Landscape Architect. My role will be to bring a broad sense of reality and perspective to the study with Theresa and Suzanne having experience in zoning, land use planning and performance standards and Kathy O'Connell, an experienced and sensitive urban designer. We look to the City to provide base map information and documents such as zoning, to meet with the consultants and schedule meetings with the City, landowners and other designated participants. We appreciate the opportunity and look forward to assisting the City in completing this important study. Kindest regards, McCOMBS FRANK ROOS ASSOCIATES, INC. Michael J. Gair, ASLA Principal Planner MJG:pry COUNTY OF ANOKA Office of Governmental Service~ Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (612) 323-5680 JO ANN WRIGHT Community Development Manager Direct #323-5709 April 29, 1994 MEMO TO: FROM: SUBJECT: Members of the HOME Program Work Group JoAnn Wright, Community Development Manager,~// Report on the April 27 Meeting for the Intergovernmental and Community Relations Committee of the County Board Please review the attached report which will be given to the Intergovernmental and Community Relations Committee on May 11. Please call me if you have any comments about the contents of this report. Again, thank you for your work on the HOME Program. I believe that the process was successful and that all interested parties should be pleased with the outcome. JW: Enclosure cc: Tom Durand, Manager, Governmental Services FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/'I-rY: 323-5289 HOME WORK GROUP REPORT MEETING OF APRIL 27, 1994 Members Present: Lee Starr, City of Coon Rapids; Don Schneider, City of Columbia Heights; Doris Nivala, City of Ham Lake; Grant Femelius, City of Fridley; Sylvia Frolik, City of Ramsey; and JoAnn Wright, Anoka County Results: The work group used the attached evaluation form to rank the requests received from municipalities and non-profit agencies for 1994 HOME Program allocation. The resulting recommendation for funding will be delivered to the Intergovernmental and Community Relations Committee of the County Board at the May 11 meeting of the Committee. The work group noted that the Dakota County HOME Consortium comprised of Anoka, Dakota, Suburban Ramsey, and Washington Counties are required to reserve 15 percent of the total Consortium HOME allocation of $1,727,000, or a total of $ 259,050 for Community Housing Development Organizations (CHDO's). Under the plan recommended by the HOME work group, ACCAP, the only CHDO currently recognized in the four county consortium would receive $ 165,176. That result means that $ 93,874 must be reserved within the consortium for CHDO use for 24 months from the date that the funds become available from HUD. It is reasonable to expect the consortium to allocate up to that amount for ACCAP if no other CHDO appears to request the funding within the 24 month setaside period. This is particularly prudent given that at the end of the 24 months any unclaimed CHDO funds would be returned to HUD for CHDO use outside of the Dakota County Consortium. The additional allocation to ACCAP in such case would be in addition to the 27 percent of the consortium allocation which is Anoka County's share of the 1994 HOME Program. The work group funding recommendation is as follows: AGENCY PROJECT DESCRIPTION P R O J E C T A D M I N COST COST TOTAL COST ACCAP HUD Home Purchase/Rehab $60,000 $3,000 $63,000 Large Family, Single Room Occupancy, or Housing for Mentally III. $102,176 Up to 5% $102,176 Elim Housing Tenant Assistance Payments for Low Income Households $18,000 Up to 5% $18,000 RISE,Inc. Tenant Assitance Payments for Persons with Mental Health Issues $19,800 Up to 5% $19,800 CEAP/ECCHO Purchase/Rehab for Home Ownership $50,000 Up to 5% $50,000 City of Fridley Neighborhood Single Family Housing Rehabilitation $70,000 Up to 5% $70,000 C i t y o f Sheffield C o I u m b i a Ownership Heights Neighborhood Home $120,000 Up to 5% $120,000 Anoka County General Administration $11,567 $11,567 Consortium Consortium Administration $11,567 $11,587 TOTALS $440,156 Maximum of $46,629 $466,290 CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER ENGINEER SHEFFIELD BLOCK REDEVELOPMENT MARCH 24, 1994 Attached is a drawing showing existing conditions and a proposed replat of the block bounded by 46th/47th and Fillmore/Pierce. Sixteen lots of approximately 75' width could be platted. Lots 1-7 are potentially split entry and Lots 10-16 would be walkouts. Per your request, I've contacted a demolition contractor for an estimate to demolish the existing buildings and prepare the site for redevelopment. Demolish and remove buildings (including foundation), remove existing paving (sidewalks, alley, parking areas) and regrade (includes 800 C.Y. imported material) Discontinue unneeded water/sewer services - 4 sets at $1,500/set $ 67,000 $ 6,000 $ 73,000 The contractor recommended that before we bid out the demolition, the buildings should be inspected for asbestos. MAW:jb 94-182 Attachment MEMO - CITY OF COLUMBIA HEIGHTS To: Pat Hentges From: Joe M. Voels Date: May 1, 1994 Re: Moving of City owned duplexes in the Sheffield Neighborhood As of today's date I have only received two (2) proposals from building mover contractors. Following is a brief synopsis of their proposals (see attached copies of originals for further information): Qtting House Movers Option A) Remove buildings only (no demo of basements, clean-up, etc.) Pay the City the sum of $7,000.00 per duplex. Option B) Remove buildings, demo basements and infill hole (City to disconnect all utilities - as per verbal discussions). Pay the City the sum of $4,000 per duplex. Dale Movers, Inc. Option A) Remove buildings only ("fencing" not defined). and "fence off" basements Pay the City the sum of $27,000.00 for 20 duplexes ($1,350.00 each). I would also like to add the following comments: 1) I contacted eight (8) contractors requesting proposals and verbatim every contractor voiced extreme interest. I sent a "map" of the duplexes that were included as of March 1, 1994 (see attached). 2) Otting House Movers was the only contractor who returned a proposal without further prompting (phone calls). Dale Movers returned a proposal after a follow-up call by myself. Two (2) other contractors have promised to send in proposals each time I've contacted them over the last Page 1 of 2 3) 4) four (4) weeks, to date nothing has been received. I would strongly recommend a detailed specification be drawn up with definite time tables and scope of work expectations. I would also strongly recommend a performance bond and that liquidated damages be required for the project. (Note: My understanding is that liquidated damages can only be for actual loses incurred, the courts will not recognize penalty type dollar amounts.) Although these requirements would probably substantially reduce the dollar amounts that the City would receive for the duplexes, Just trying to get proposals has indicated that promises come much easier than action. Whether the option of Just selling the duplexes (having them moved) or selling them and having the same contractor demo and infill the basements, etc. is chosen, it will be critical that infilling (after all demo procedures) occur immediately following the moving of the buildings. The liability issues involving exposed masonry, utility lines, etc. are extensive. Actually, once work starts on raising (prepping) a building for removal, liability issues increase substantially. Page 2 of 2 Otting House Movers 11640 East 275th Street Lakeville, MN 55044 (612) 461-3265 FAX (612) 461-3262 March 30, 1994 Mr. Joe Voels Asst. Buiiding Inspector City of Columbia Heights 590 40th Ave. N.E. Columbia Heights, MN 55421 Dear Mr. Voels: We dc, hereby submit our proposal to move the duplexes ic,,zated at Sheffield's Neighborhood, between Fillmore S'L~'ee't arid Pierce Street in the 4600 block. 1. We propose to purchase and move any or all of the buildings at a price of $7,000 each and the city will be re=ponsibie for the cleaning up and filling of the basements. 2. We prop,=,se to purchase and move any or all of the buildings for the price of $4,000 each. This proposal includes our cleaning up the building sites, removal of ,=on,=rete, and filling the holes. I'f She city decides to sell the buildings by sealed bid, please let me know and I will be glad to submit my bid at that time. Sincerely yours, · ' rr B. Otting, O~ne~ OTTING HOUSE MOV~.:S WBO:jo gUZCKUgVTRANSFER e4/13/94 1~135 P.OI TIt& ~-ENTRAt AVE., N. E. DALE MOVERS, INC. t~,~.~/ond Bond. d MINN £APCILIg, MINN. DiAL ir' ! ~,) 7B4.4gJ, I~iTP.: APR/L 13, 1~24 A~t~B~7~ZOtq: JOE VOEL5 A~: t~.~:PI: DALE E. PBTEt~,S~ AT: (~XT'Z Ot~ C~Lt.~IBXA H~ZGTITS AREA I:~L , · , · INCLUDING THIS PAGE, THIS REPC~T CCiqSISTS OF I~J~._.gIV,?,D, PLP~E P..AL 612-784-4269. 2 PA~S.  PROPO.qAL DALE MOVERS, INC. L~ ~ Bo~d~ 9BI6 ~£NTgALAV[., N. [. ~INN~AP~LIg, HINN. 590 40~ &~ 1~ DtA~ t612') '7B4-4369 782-2817 782-2801 FAX CONTACT PER$08 308 VOIH.S hereby propose co ~urn£sh all cquZp~nc and labor r.o: fr__J~rm._% gT~S, .q~r.e_q, DRIV~AYS AND ALL I~RIS ~ lt~SP~CTXVE , ~T~_~ FTT.T- _M_.T_. ~.ff-q ~X~! tw.ffJ~q FXX~, (~tADK Jell) ~llAPl~. ALL LCYX~ UTILITY CCHPAHXE~. -- .... NOVE~SWILL PAYq'~- CITY eP~- St~l(~ $2,500.00. PART II: XFMOYR~f~T.VR~Vi:~V~BUZLDINC,.qANDL~EEBASEPII~TS, 140V~S~L P/A~l~ CIT~T~SU~C~ $27,000.00. Al1 smcerial ts Suarancaed co be as spec~gted, and Chi above.work to be performed in accord- ance w~th chi epect~caC£ons submitted ~or chi above work end completed tn a workmanlike ~ JWOV~ · ~$ ) ~=h pey~a.= ~o be made aa ~ollove: ~/~ . Any alteration or devZaCion from above spec~f~caCZons iuvolvin8 extra costs, v~11 be execut- ed onXy upon orders, and will become an extra charge over and above chi tscZmata. J~l aerie- mince conctn$anC upon scrZkes, accidents or delays beyond our control. Owne~ ~o catty ft~e, tornado and other necessary ~nsurancI upon &bev& work. ~orkmen~a Compensation and ?ubliC MOVeUI~ L~ab~l~cy Insurance on above york ~o be £urntahed by Iktle ~n~= Respectfully submitted: The above prices, epac~f2cac£ons and conditions are satisfactory and ace hereb~ accepted. You are aucho~Zzed ce.do the work aa spoc$f$ed. Payment w~11 be made aa ouclteed above. Accepted By: DICe: . 4660 4648 4642 4636 -4630 462'1,. 4616 4612 Lw 0::' ._ 4606 4600 .� 4554 4S48 �542 �S36 �534 :530 ' ·516 ;510 -500 J 4657 46S4 46S5-S7 4651 4648 ."'49-Si 4645 4642-44 ,4643-49 4641 4636 4637-41 4637 4630 4633 4631 46�'6 -4648-· ·-... ----- 46:N-31 4630-32 4655 4643 4637 4631 1400 -II) 0\ II) 0 0 -... ...... ... --- 462S 4624 t­LaJ LaJ � t­C/) 4625-27 I 4624 t­LaJLw�t­CI) 4625 PARKVIEW J619 4613 4607 4601 4S�-S7 4549 4543 4S35-37 : 4531 4525 4,19-21 . 4513 , 4507 4501 4618 4610 4606 4600 �556-58 4S50 4544 4S32 4524 4518 4514 4506 1133 LaJ � 0 � � � 4619 -4613-15 4'607 "4601 4SS5-S7 4�7 4539 4531-33 4'll-20 -� 4612 4606 4600 ... c:, (') ... N N -c:, '° N Lw 0 � Lw 0 " -N--- 0\ II) ...0 -NN N N N N ---- 4619 4613 4607 4601 '° 0 0 c:, (') (') ... - (') 0\ 0 c:, (') (') -- 45 1/2 AVENUE 4515 a, .. N c:, '° 0 -N c:, 0 N N N (') (') 4509 ----... . 1201 (J\ In -"(') 0\ 0 -N N 0 0 N N N N (') (') ----- ADDRESS MAP 0 '° 0 0 ... ... -... "-0 c:, ... ...-... N -0 (') -- II)-... N (') (') -- ... 0 '° -N N (') (') (') --- !? -N M (') -- SHEFFIELD'S NEIGHBORHOOD· COLUMBIA i HEIGHTS� MINN. N -... - (') -... - N (') - - (') - 1�1 .cl :::c (.) ::, m 1440 0\ I� � 0 N ... ... -N ... - . 1480 4650 " " " II) M ... II) '°4636 ... ... ... ---... LANE 4628 "° (\J 0 N (') ... ... • ... ... ... - " (') -N (') ... ... ...... --- 1345 a, 4622 ... ... -4614 46060\ • ... 4600- KEYES PARK ,� _,J u :I RESOLUTION 94- l0 RESOLUTION OF ~HE HOUSING AND REDEVEI~~ AUTHORITY IN AND FOR THE CITY OF COLUmtlA HEIGHTS, MI~/TESOrA APPROVING THE MODIFICATION OF DOWNTOWN C.B.D. REDEV~)PM~qT PROJECT AND THE SltZ~lK~.r~ NEIGHBORHOOD REDEVELO~ AND HOUSING DEV~)PMI~IT PROJECT BOUNDARI]~. WHEREAS, the Housinff and Redevelopment Authority in and for the City of Columbia Heights, M~nnesota (the "Authority") did authorize the creation of a "redevelopment project" as that term is defined at M~nnesot~ Statutes, section 469.001, subd. 14 on June 14, 1977 which "redevelopment plan" as that term is defined at M~nnesota Statutes, section 469.001, subd. 16, for said redevelopment project is referred to as the Downtown C.B.D. Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the City Council for the City of Columbia Heights (the "City") did approve the Redevelopment plan for said Redevelopment Project on August 3, 1977; and WHEREAS, the Authority did approve Amendments to the Redevelopment P!A~ for the Redevelopment Project with the most recent amendment approved by the Authority on August 19, 1989; and WHEREAS, the City did approve the amendments to the Redevelopment plan for the Redevelopment Project with the most recent Amendment approved by the City on September 9, 1989; and WHEREAS, the Authority did authorize the creation of a "redevelopment project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 and a "housinff development project" as that term is defined at Minnesota Statutes, section 469.001, subd. 15, which project is referred to as the Sheffield Redevelopment and Housing Development Project (the "Redevelopment and Housinff Development Project") and adopted a "redevelopment plan" as that term is defined at M{n-esota Statutes, section 469.001, subd. 16 for said "Redevelopment and Housing Development Project" which is referred to as the Sheffield Neighborhood Redevelopment And Housing Development pi_An (the "Redevelopment and Housing Development Plan") on February 6, 1994; and WHEREAS, the City did approve the Redevelopment and Housing Development p!An for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for finan~inff the redevelopment activities in the Redevelopment and Housing Development Project and the proposed program involves the use of any surplus funds which may become avAilAble from the Redevelopment Project; and WHEREAS, in order for the Authority to use any surplus funds from the Redevelopment Project for activities to be undertaken by the Authority and the City in the Redevelopment and Housing Development Project, the Authority and the City must approve the modification of the boundaries of the Redevelopment Project and (3~'W68382 " the Redevelopment and Housing Development Project so as to merge the Redevelopment l~ojeet and the Redevelopment and Housing Development Project. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Columbia Heights, (1) The Board of Commissioners approve the mortification of the Downtown C. B .D. Redevelopment pl.n for the Downtown C.B.D. Redevelopment Project and the Sheffield Redevelopment and Housing Development P1-~ for the Sheffield Redevelopment and Housing Development Project in order to merge the boundaries of the respective Redevelopment Project and Redevelopment and Housing Development Project conditioned upon the favorable review of said proposed modification by~ the City P~-n~ng Comm{~sion. (2) The Board of Commissioners authorize the Executive Director for the Authority to rm~n.<mit the modZfication of the Downtown C. B.D. Redevelopment p~.n for the Downtown C.B.D. Redevelopment Project and the Sheffield Redevelopment and Housing Development Plan for the Sheffield Housing Development and Redevelopment Project to the City P~-n~ng Commission for its review and comment as to the conform-nce of the proposed modification of the respective Redevelopment p].n and Redevelopment and Housing Development Plan with the comprehensive plan for the City of Columbia Heights. (3) Upon the Authority's receipt of the comments by the City pl,~;~g Comm;;sion, the Authority authorizes the Executive DLvector to ~,~;m~t the Downtown C. B.D. Redevelopment p1,~ as modified, and the Sheffield Redevelopment and Housing Development Plan as modified, to the City Council for its review and approval. Approved this __ day of , 1994. Mo~on by: Seconded bM: Vo~g Aye: Voting Nay: Absent: ATTEST: Do,~,~d R. Schneider Its Executive Director Its Chai~ (~:'W66362 c~xs0-?~ 2 ]LESOLUTION 94-1I . RESOLUTION OF Tw~ HOUSING AND HEDEV~C)~ AUTHORITY IN AND FOR THE CITY OF COLUtmlA I~IGHTS, ~nqlq~SOTA APPROVING A FINANCING PROGRAM FOR TN~ ~H~ ~.n NEIG~mORHOOD F,~,u~cv]fa,O~ AND HOUSING DEV~r,OPm~Fr PROJECT AS ~,M'~IDED. WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority~) did authorize the creation of a. '~edeveiopment p~oject' as that tern is defined at Minnesota Statutes, section 469.001, subd. 14 on June 14, 1977 which "redevelopment plsn' as that term is defined at Minnesota Statutes, section 469.001, subd. 16, for said redevelopment project is r~ferred to as the Downtown C.B.D. Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the City Council for the City of Columbia Heights (the "City") did approve the Redevelopment plan for said Redevelopment Project on August' 3, 1977; and WHEREAS, the Authority did approve amendments to the Redevelopment Plan for the Redevelopment Project with the most recent amendment approved by the Authority on August 19, 1989; and WHEREAS, the City did approve the amendments to the Redevelopment Plan for the Redevelopment Project with the most r~cent amendment approved by the City on September 9, 1989; and WHEREAS, the Authority did authorize the creation of a "redevelopment project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 and a "housing development project" as that term is defined at ~nesota Statutes, section 469.001, subd. 15, which project is referred to as the Sheffield Redevelopment Housing Development Project (the "Redevelopment and Housing Development Project") and adopted a "redevelopment plan" as that term is defined at l~-nesota Statutes, section 469.001, subd. 16 for said "Redevelopment and Housing Development Project" which is referred to as the Sheffield Neighborhood Redevelopment and Housing Development Plan (the "Redevelopment and Housing Development plan-) on February 8, 1994; and WHEREAS, the City did approve the Housing Development and Redevelopment plan for the Redevelopment and Housing Development l~oject on February 28, 1994; and WHEREAS, the Authority has proposed a program fo~ i'mancing the redevelopment activities in the Redevelopment and Housing Development Pl-oject and the proposed program involves the use of the City of Columbia Heights 1994 Community Development Block Grant (the "1994 CDBG"), an Interfund Loan from the City's Sewer Construction Fund ("Fund 652"), and an Interfund Lo-n from the City's Liquor Fund ("Fund 609"); and WHEREAS, Authority accepts from the City the proceeds from the 1994 CDBG, Fund 652, and Fund 609 which shall be placed in the Sheffield Capital Improvement ~X~0-7% I Fund ("Fund 410") to finance costs idenl~ted in the Redevelopment P~-n and the. Redevelopment and Housing Development Plan; and WHEREAS~ the Adthority intends to repay any funds provided by the City from Fund 410 from any sumplus funds which may become a.v-~?-ble from the Redevelopment Pro~ect from 1994 tb_~ough April 2001 ("Suz'plus TIF, CBD TIF District"), the Authority ~ property tax levy for the years 1995 through 2008 ("HRA A~-ual Levy"), and the repayment of the Senior Housing Fund ("Fund 404") by the City from the City Tax Increment Fund for the Downtown C.B .D. Tax Increment F~n-n~i~g District. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA that: (1) The Authority approves the receipt of the proceeds from Fund 410 and agrees to repay Fund 662 and Fund 609 from the Surplus TIF, CBD TIF District, the HRA Annual Levy and Fund 404 which financing program sh,11 be ~own as the "Sheffield Redevelopment Funding Program." Approved this . day of ,1994. Motion by: Seconded by: Voting Aye: Voting Nay: Absent: ATTEST: Do~.!d R. Schneider Its Execu~ve Director Its C~E8428 C:~160-7X 2 i~ CITY OF COLUMBIA HEIGHTS MEETING OF: GENDA SECTION: PUBLIC HEARINGS/RESOLUT- ORIGINATING DEPARTMENT: CITY MGR IONS & ORDINANCES CITY MANAGER'S APPROVAL O: 6 ?EM: SHEFFIELD REDEVELOPMENT FINANCING/ BY: PAT HENTGES ESOLUTION PROVIDING FOR INTERFUND LOAN DATE: 03/25/94 O TAX INCREMENT FUND O.: 6.D.4) The attached information includes: Resolution calling for Inter-Fund Loans to Tax Increment Funds A legal opinion from Holmes and Graven regarding funding/repayment of inter-fund loans to tax increment funds Financing schedule for Inter-Fund Loans to Tax Increment Fund and Sheffield Redevelopment costs A flow chart outlining the inter-fund loan, Sheffield Redevelopment cost Plan Publicorp cash flow schedules on the status of Tax Increment Funds. Essentially, this information reveals that the City can provide for an inter-fund loan transfer of $459,079 from the Four Cities Bond proceeds and $408,000.27 from the Parking Ramp Fund to the Tax Increment Fund, in order to correct the current cash flow problems associated with the tax delinquency on the Columbia Heights Business Center. These funds are in addition to the $395,918 that was transferred from the Senior Housing Fund. The tax increment schedules pr~-.pared by Publicorp reveal that even if no tax increments were collected on the Business Center, the fund would likely have a surplus in the year 2009 sufficient to repay all three sources. Further, the Holmes and Graven opinion reveals that the Parking Ramp Proceeds and the Four Cities Bond Proceeds in a total amount of $867,000 could be established as a funding source for a city-wide c. ommunity redevelopment fund. Th.is funding scenario includes utilization of two years additional parking ramp revenues of $99,276 per year. The funding excludes an outstanding principal amount of $403,441 of future year Parking Ramp revenues. This amount co aid also be dedicated to the Community Redevelopment Fund, in the event there are not additional delinquencies or ta~ adjustments beyond the Columbia Heights Business Center. T~e second part of the funding scenario assumes the City would receive tax increment revenues from the Columbia He:ights Business Center. Under this scenario, approximately $954,000 of principal dollars and the Senior Bond Money in the amount of $395,918 could be utilized for additional redevelopment or public improvement activities within the Ce;ntral Business District or with a project modification, redevelopment activities in the Sheffield Neighborhood. Thus, ini.tial funding sources including the sewer revenues, HRA tax levy, and Liquor Fund could be totally repaid using tax in4:rement funding. This plan does not include interest on any of the inter-loans. Moreover, a payment of taxes by the Burns Center could also allow for an additional $777,000 to be released to the general tax base, earlier than anticipated or allow an early retirement of outstanding bonds for year 2009. -CONTINUED- COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS MEETING OF: March ,28. AGENDA SECTION: PUBLIC I-II=-ARINGS/RI~-qOLUT- ORIGINATI:N'G DF.~ARTMENT: CITY MGR IONS & ORDINANCF_.S CITY I~,ANAGER'S APPROVAL NO: 6 TO TAX ~C~NT FU~ NO.: 6.D.4) Page 2 There are two actions for the C~ty Council to consider. F~rst, consideration of a resolution calling for the interfund wansfers to the tax increment funds and memorializing the repayment. Second, the establishment of a plan modification to the original Central Business District Plan and the Sheffield Plan by combining the geographic areas of both, and providing for the financing plan outlined herein. The public hearing would be scheduled for the April 2//th City Council meeting. It is emphasized that the plan modification to the TIF District or Project does not include thc actual collection of any tax increments from the Sheffield Neighborhood, but rather only provides for funding plan as outlined herein. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , Resolution of' the City Council of the City of Columbia Heights, Minnesota Authorizing the Establishment of an "Interloan Fund" for the Purpose of Temporarily Financing Certain Tax Increment Bond Debt Service Obligations of the City of Columbia Heights and of the Housing and Redevelopment Authority in and for the City of Columbia Heights for the Downlown C.B.D. Revitalization Project. RECOMMENDED MOTION: Move to Establish April 25, 1994, as an r financung plan modifications to Sheffield Redevelopment and Housing Development Plan including use of Liquor Fund Reserves, HRA Tax Levy, CDBG Allocations, and Revenues from Tax Increment Fund as Financing Sources of Funding for the Plan. COUNCIL ACTION: ~ 25 'cJ4 17:20 HOL~E$ & GR~tEH P.6 NO. ~4- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ~rNNESOTA AUTHORIZING ~ ESTABLIS~ OF AN 'INTEB~ LOAI~ FOR THE PU3LPOS~ OF TEMPOBARILY FINANCING CERTAIN TAX IN~ BOI~D DEBT SERVICE OBLIGATIONS OF TH~ CITY OF COLUMBIA HEIGHTS AND OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR ~ CITY OF COLUMBIA HEIGHTS FOR THE DO~NTO~q C.B.D. ]~EV1TA?,? ~.~.?ION PF, OJECT. WHEREAS, the C~ty Council of 1:he City of Columb~ "~ C~") ~d ~ Hous~ Au~o~ ~ ~d fora ~e City of ~l~b~ H~, M~-e~m ~d au~o~e ,-d app~ve ~e ~mb~shm~t ~o~ ~ ~ Do~t~ C.B .D. ~e~za~n ~ject (~ "P~ject") ~d a~pted a Redeve~m~t P~n, ~ted Mar~ ~, 1977; ~d i ~~S, ~e ~t~ Co~ estab~hed one ~t~cts" ~ ~t te~-~ ~ p~sen~ d~ed a~ ~eso~ Smites, sec~n 469. ~74, ~bd. 9 ~ ~ ~und~es ~ ~e Proje~; ~d WHEREAS, the City Council authorized the iss,,-,~ee of bonds secured by the pledge of tax increments derived f~om the tax increment f~a~g dis~cts located in the Project and the ~enerel ad valorem tax levied upon all taxable property wl~-h~ WHEREAS, ~ong the bond issues secured by the pledge of tax increments and the general ad valorem .mx. levy are the: (a) $8,175,000 Gene~ Obli~flon Tax Increment Bonds of 1980; (b) $450,000 General Obligation Tax Increment Bonds of 198~-; (c) $565,000 General Obligation Tax Increment Bonds of 1984; (d) $2,100,000 General Obligation Tax Increment Bonds of 1985, Ser~es A; (e) $9,100,000 General Obligetion Tax Increment Eef,,,~4~_~ Bonds of 1987; (f) $2 , 399 , 720 . 75 General Obligation Tax Inorement Capital Approbation Bonds of 1990; and (g) $735,000 General Oblization Taxable Eofunding Bonds of 1993, Series A (the UBond Issues and WHEREAS, also secured by the pledge of tax incr,.monte derived from the increment finan~ d!~_ t~ct is the $2,400,000 Housin[ and Redevelopment Authority in and fo~ the City of Col,,mbis Heights, Minnesota Tax Increment Revenue Bonds of 1990; and WHEREAS, due to li~tion as '~o the valuation of some of the real propet'ty located w~th~ the tax increment finan~ dis~--icts, ~ City has not z~ived the projected amount of tax increment required to amoz~ize the Bond Issues to tl~_ debt service schedule fo~ the outstandin~ principal amount of the Bond Issues; and ." WHEBEAS, the Ci~ has monies in the followin~ funds which may be pled~d o~' loaned to the debt service account(s) fo~ ~ Bond Issues so that they may be amortized aocording to the debt se~-vice schedule fo~ the Bond Issues without the levy of the ~,e. ner~l ad valorem mx upon all taxable property with~- the City: Park~-g Ramp Fund No. 290; (2) Fo,A= Cities Bond Fund No. 390; and Sanio~ Housin~ Bond Fund No. 404; -,,d W~R~S~ based on p=oJec't~n?,_~ :'o= the ~p~ ~ fu~ ~ ~e~en~ ove~ ~m ~& ~ ~ No. g90, Fou~ ~es Bond ~d ~o. 390~ ~ ~ H~ Bond ~d No, 4~ ~y be ~p~d ~m ~e e~t~, ~ ~ ~~ ~ttsd to ~e Ho,,~nC ~d ~edev~op~ Au~o~ ~ ~d fo~ ~e ~ off Col~b~ NOW, THF.~FORE BE IT RF_~OLVED by the City Council of the City of Columbia Heights, l~,,eso~a that: 1. Th~ City Counc/I hereby authot, izes The estabDs~men~ of an "I'ntst, b~d Loan" to :emporaz4/y finance any shoz~fa//s in debt sex-v~ce fo= the Bond Issues. 2. The sou=ce of money for the Interfund Loan sh-ll be No. 290-~ ~e ~o~t of $408,027, F~ Ct~s Bond F~d No. 390 e~ 352, . ~..~, ~d Se~o= Hous~ F~d No. 4~ ~ ~e -mo~t of ~95,918. 3. The Cit~ A~~o~ ~ he~b~ au~ed p~p~ fo~ ~e ~te~d ~. 4. ~e ~yo~ ~d ~e Ct~ ~an~en are auto, ed to app~ve ~e ~ documents w~ch s~H memo~e ~e ~s of ~e Appx*oved tI.~ . day of March., 1994. MOTION BY: Vo _~ Aye: Vot/ngNay: Absent: SECONDED BY: ATTEST: JoAnne Studen: Deputy Clex. k Joseph GARY Dima ~ HOLMES & GRAV] 33'/..0210 1994 Patrick Hentges City Manager City of Columbia Heights 590 N. E. 40$h Avenue Columbia Heights, MN 55421 Dea~Pat: The City of Columbia Heights, Uinpesol~ (the "City") and the Housing Authority in and for the Ci~ of Columbia Heights (the "Housing and Redevelopment Autho~ty°) have uP, ed whether the Citer may use certain funds to originate an °Intex, fund Loan" from their present accounts to the project account for the Downtown C.B.D. Revitalization Project (the "Project") in o~der to finance debt sea*vi'ce fo.~ bonds issued to finance the Project. Fur~chermore, you have asked how these funds may be used by the City and the Housing and Redevelopmen~ Autho~i~ once the Interfund Loans have been Let us consider both of these issues. *' 1. Inte~und Loe. u to the Downtown C.B.D. Revltal/zation ~oject. We unde=stend that the City wants to use three sources of funds to create the princtpel mount of the 'linterfund loan". These three sources of funds include: (1) ~evenues paid to the City for the use of an automobile facilit'y' eonsl~-ue~ed pursuant to Minnesota S~atutes, section 469.14, subd. in the Pro, oct from the proceeds of the ~--~,000 Genartt Obligation ': Tax Increment Bonds Of 1982 (the "Par~,~g .Ramp Fund No. 290°); (2) unspent proceeds and interest ea~ni~_o-s from the $2,400,000 Housing .and Redevelopment Authority in and fo~ the Cit~y of Columbia Heights .Tax Increemtn Revenue Bonds of 1990 which remained after the construction of the Pa~ew VUla South Housing l~-oject (the "Senior Housing Fund No. 404"); and (3) ~ounts received by the City-and interest ea~in_~s from the r~funding of the $31,758,000 City of Brooklyn Cents]~, Citer of Columbia Heigh'cs, Cit~j, of Moot-head and the Housing and Redevelopmenc Authority in and for the Clry of Robbi,~*~d~]e, l~xrnesoCa, Single Family Mox-tgage Revenue Bonds of 1982 (the "Fou~ Cities Bond Fund No. 390°) . Collectively we shall refe~ to She Pa~k/ng Ramp Fund No. 290, the Senio~ Housing Fund No. 404 the Four Cities Bond Fund No. 290 u the "Bond Fund Accounts#. What follows is a description of The res~x, ictions on the use of the monies in the Bond Fund AccounSs. P1AR 25 '~J4 17:18 HOLMES & GR~VE~ P.3 1.:'a'="/ck Eautges (a) Restrictions on ~ use of ParL*ng Ramp Fund No. 9-90 The Bond Resolutfon for Perlite Hemp Fund No. 290 esmb~hed a subacco~ desisted ~e Debt Se~ce Ac~t fo~ ~e pa~t of p~p~ ~d ~teresT on ~e 1982 Bonds. T~ fo~o~g ~v~u~ were ~ be placed ~ ~ Debt Se~ce Acco~: "(a) ~ceived from ~e p~ch~e~ u~n de~ve~ of ~d ~ent fo~ ~he Bonds; (b) ce~ co~ecdon cf ~ ~c~emen~ de~ved f~m ~e [Down~own CBD T~x Inc~ment] D~ct pu~ ~o ~e ~e~ of ~-~eso~a Stamles, section 273.76 [Now Minnesota S~m~es, sec~on 469.176] and ce~,~n ~venues de~ved ~om s~e~ ~sess~n~s, le~ed p~t to au~o~ ~ted ~ ~eso~ S~tes, sec~ 469.14, o~ o~ sources, av2~ble ~d pledged m pa~ ~ ~y, ~d ~te~st on ~ Bon~; (c) ~e gene~ ad v~o~m ~ le~ed pu~u~t ~o ~e Bond Resolu~on upon ~ ~ble p~pe~ Ct~; and (d) ce~n amounts re~g ~ ~e Capi~ Accoun~ ~ter comple~o~ of co~c~o~ of the Ymprovemen~ a~d pa~en~s o~ ~e costs Zher~f." Once r. he Reserve Account has accum,,l~ted e~ough money to defease the 1982 Bonds, the~ ~ no =est~c~on on how ~e excess ~y be ~ed. ~e~fore, ~y ~ount ~ ~e b-~ce of ~ar~g ~p ~d No. 290 not ~q~d to ~et debt set,ce ~q~ments on ~e 1982 Bonds. ~y ~ p~ced ~ ~e "~te~d L~" for pa~t of debt se~ on ~y of ~e City's g~ obHga~on b~nd ~sues fo~ w~ ~venues of ~e ~ject ~ve been pledged. Senior Itousin~ Fund No. 404 The Resolu~ion of the City Council which awarded the sale of the 1990 Senior Housing Bonds p~ovides ~hat the Bond proceeds were to be deposited tn the l~roject Account axld disbursed to pay or ~eimbul-se for payment of public ~edevelopment costs of :he Prolect. Tq the ex'tent t. hey are needed for other costs of the Redevelopment !~o~ec~, they must be tr*~fez-red to the Debt Service Fund which secures this and ~tl of the other tax increment bonds issued by r~he City or ttou~,~g and Redevelopment Authority on an equal basis. (See letter from Stafa~_e N. Galey re: Expenditure of lm~oceeds of $2,399,720.75 City. of Columbia Heights, M~esota General ' Obligation Tax Increment Capital Appre~-~ation Bonds of 1990 Series A, dated May 29, Furthermore, the Tax Inc.~ement Pledge Agreement e. ntered into by the City and the Housing and Redevelopment Aur~xortty dated Augus~ 11, 1980 provides ~hat "s]~ proceeds of bonds issued by the City in and of 1:he P~o~ect, all revenues and tax increments w~.th respect to the lmroJec~ which axe received b2' the City from the Autho~ty, and all income from ~he inves~men~ thereof by the City, s~,!! be segregated by ~he Cir,' in a special fund to be used by the City solely for the paymen~ of the principal of, premi-m, if any, and interesz on said bonds and £or the MI~ ~5 '94 17:18 HOLMES 8, (~VE~ P.4 Pan. icE Henries March 25, 1994 Page $ payment or rehnbursement 'of the public redevelopment costs of the Pro ect." The use of the monies in the Sen/or Housing Account No. 404 to pay debt ser~loe on the outsmndin~ bonds issued by the City in A,~ of the P~oject is what was contemplated when the 1980 T-ax Increment Pledge A~Teement and the 1990 Resolution of the CiTy Council were executed. Therefore, usinz the monies in Sen/or Housin~ Account No. 404 through a- "Inte~fund Loan" to meet the debt service requirements of the Project is permitted. (c) Four Cities Bond Fund No. 390 As ~ndicated b~' Barba~ Po~-twood ~n her letter dated August 14, 1992 re: Use of Proceeds from Refun~,,f~ of Single F~m~¥ Housin~ Mor~c~e Revenue Bonds (the "Portwood letter"), monies r~leased in connection w~th the refunding; of ~ bond issue "may be expended for any essential ~overnmenm~ purpose of the City or the Housing and Redevelopment Authorit~." The pavement off public redevelopment costs or debt service on bonds issued to pay for public redevelopment costs are essential purposes of the C11:~ or the Housln~ and Redevelopment AuthoriTy. Therefore, the use of the monies in the Four Ci~ies Bond Fund No. 390 throuffn~h an "Interfund Loan" to pay for the debt service requirements of the Project is an acceptable use of these 2. Use of the Interfund Loan Repayments. The use off the repayments of the Bond Fund Accounts is the second issue the City and Hous~n~ and Redevelopment AuthoriTy asked us to add~ess. Specifically, the CiTy and Housin~ and Redevelopment Authority .~y establish & "Redevelopment Account" ~d wish to place the principal and interest ear~n~-s from each of the Interf-nd Loa-~ in such & Redevelopment Account. Generally, the repayment of the Inter~und Logic derived from the Bond Fund Accounts may be used for the public purposes satisfied throu~ expenditures from a "Redevelopment Account~ with cer~,~ resections. The ~eneral ~est~lction on most Redevelopment Accounts ia that to ~e e~ ~ ~ment ~v~ues or ~venu~ delved ~m ~ ~c~ment ~te~est ~~ a~ used to ~d ~e ~ed~elopm~t Accost, ~e Redevel~men~ Ac~ m~ o~y be e~ended for e~le pubic ~development ~sts ~d o~y ~tM~n ~ bo~~ ~ a '~je~" ~ d~d at ~esom Smm~,'sec~on 469.174, subd. 8. (~e ~som ~~ ~176, su~d. 4 fo~ ~ ~ta~on on ~~s fo~ pubBc ~evelopment ~s~ of a p~ject). Th~, ~e Redevel~ment Ac~nt ~y ~ ~ed fo~ pubic ~dev~pment costs ~c~d by t~ ~ o~ ~e H~s~E m~d Redevelopmen~ Au~o~ ~ ~e ~jec~, but no~ on a ~de ~. i .~arah 2~, 1994 Page4 He 1s~ev/ously stated the monies in the Parking Ramp Fund No'. 290 and the Senior Housing Fund No. 404 may be used to finance debt service Or the l~ojeet. Once the Intez. fund Loans are repaid, the City has 1S~lscsed to place these account balances in the proposed Redevelopment Account. The city may place the balance o£ the Parking Ramp Fund No. 290 and the Senior Housing Fu~d No. 404 in the Itedevelopment Account at the time the Lutez~fmud Loans are z~epaid, but onIy if the City or the Housing and Eedevelopment Autho~ty has fdentif/ed other elig'Ible l~ubi/c z~development costs in the Pro~ect.' To the ~¥ me (~it~y or the Housinff and Eedevelopment Authn~ttp., tho balance of the Parking Ramp Fu~d No. 290 and the Senior Housing Fund No. 404 must be transferred to :he Debt Sea,rice Fund whic~ secu_~es ell of' the tax increment bonds issued for the Pro,eot. The ~epayment of the Inte~fund L~an de~-/ved from the Four Cities Bond Fund No. SS0 has not been p/edged for the tax inc~ement bonds of the Thus, the ba/auce may be lolaeed Lu a · Redevelo me . subaceount of th~ 1~ nt Account. The establishment of ~ ~,,~. ......... Proposed based upon the rest~ctions outlined in the Po~;wood Iette~. Specifte~lly, the proceeds of the z~-~fu~diug of the bonds may not be used to fiuance l~ope~ used iu a t~ade or business carried on by .a~y l~erso~ other than a governmental unit. Therefore, these monies may be used for most of the housing P~g~ams the City and Housing an . conside~,/ng, but the ---: ....... - d l~edeveIopment A · ~mes may not l~e u ' utho~ty a~e ~ - ~manejng to homo Do not hesitate to call if I .can be of ~zVther asaista~ae. ~,:iy you.t-s, Ga~y p. G~P~r:mp City of Columbia Heights Housing & Redevelopment Financing T!IF Interfund Loan As,sets Interfund loans Parking Ramp Fund Four Cities Fund Four Cities Trust Senior Housing Fund Total Liabilities Repayment of Interfund Loans to Community Development Fund Sheffield Debt Service 408,027 12,727 446,352 395,918 867,106 395,918 1,263,024 Total 1,263,024 Sheffield Redevelopment Funding Revenue Items 1994 CDBG Grant Intedund loans Sewer Construction Fund Liquor Fund 139,000 710,000 469,000 Total Expenses Acquisitions Relocations Demolition Improvements Contingency 1,118,000 30,000 80,0(X) 38,000 52,000 1,318,000 'total 1,318,000 Deferred Sources of Repayment Interest on Debt Service HRA Levy (71,000 for 13 yrs) Lot Sales ($0 to $320;000) Transfer from TIF Surplus (213,000) 923,000 320,000 395,918 Total 1,425,918 pU*~IL]:cdRP, TNC. TEL:612-:3a1-dlaS* Mar 2a,ga ].?:~2 No.O09 P.02 Publicorp Inc. 512 Cmwfl Roller Mill 105 Fifth Avemam Soulh Mlflne, polil, MN SS401 (612) FAX (612) ~41,.4148 TO: FR: March 25, 1994 Pat Henries, City of Columbia Heights Mark Ruff RE: Tax Increment Projections Attached are three different scenarios for the combined tax Increment account for the City. The first scenario assumes that the Columbia Heishts Business Center (O-lBO taxes continue to be delinquent throush the remainin8 term of the tax increment flnancin8 districts and that no interfund loans from other City sources would be used to support the debt service on the districts. These assumptions result in a current deficit (March I, 1994) of over $329,000 and annual deficits for the next four years averagin8 approximately $250,000 per year. The second scenario assumes that no CHBC taxes will be paid and that all available sources of interfund loans are added to the tax increment account. The~ sources include $396,000 in the senior housin8 bond proceeds, the $408,000 in parking ramp fund, the $459,000 in the four cities reflnancin$ proceeds and two years of the $gs,000 per year assessment revenue from the parktn8 ramp. These interfund loans result in the future annual deficits being covered by the current increased balances at a minimal level. The third scenario assumes that no interfund loans are made, that the S7:?0,000 in unpaid tax incr,, ment from t.he CHBC is paid in 1994, that full taxes at cu.rrent assessment asreement levels on the Mall and the CHBC are paid in 1994, and that a mduct~on of the assessment asreements ~ ta~..esi_n_l_9_9_S ocr?rs for the Mall and CHBC. The market value for the Mall would decrease "~s )?uuu, uoo to. 73:500,..000. ~ the CHBC would decrease from $4,800,000 to $3,850,000. ~ ese cn?n.ses .worn? orop rna tax increment levels for each property to the original deficiency a...?.~e.m,_en_t_l_~e? of $1.6O:C)C~..per year. fo~..the..Ma!i and $?.88,000 for the CHBC. These chanses ~au, m laC~mve clJmulauve balances lor ~ cIISttlcts ii1 all years.. Please note a few overall assumptions for the runs. First, no Interest on the endin8 balances of woe,, o t e outstandin8 principal. ~c~ul n~,- - . . Ukewi., ~itlv. _would be.~er du? .to th_e iht ,e?t ~m,.nSs on the tax increment fund. Second, Anoka review~at~en(~i:~n_.t,~opa,y,aole 1..994, va, ues ,.or the tax ,ncrem.ent districts to date. A complete ._, ....... ?Ts .urn ncaa fo..ac, completed to account lor any Increases or decreases in va, ua, ohs across the tax increment cIIsttlcts. Please call with any questions or comments. Page 4 RESOLUTION NO. 94 - 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ESTABLISHMENT OF AN 'INTERFUND LOAN' FOR THE PURPOSE OF TEMPORARILY FINANCING CERTAIN TAX INCREMENT BOND DEBT SERVICE OBLIGATIONS OF THE CITY OF COLUMBIA HEIGHTS AND OF THE HOUSINGAND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS FOR THE DOWNTOWN C.B.D. REVITALIZATION PROJECT WHEREAS, the City Council of the City of Columbia Heights, MinneSota (the 'City Council") and the Housing Authority in and for the City of Columbia Heights, Minnesota did authorize and approve the establishment of a Redevelopment Project known as the Downtown C.D.B. Revitalization Project (the 'Project') and adopted a Redevelopment Plan, dated March 2, 1977; and WHEREAS, 'the City Council established one or more 'tax increment financing districts" as that term is presently defined as Minnesota Statutes, Section 469.174, subd. 9 within the boundaries of the Project; and WHEREAS, The City Council authorized the issuance of bonds secured by the pledge of tax increments derived from the tax increment financing districts located in the Project and the general ad valorem tax levied upon all taxable property within the City; and WHEREAS, among the bond issues secured by the pledge of tax increments and the general ad valorem tax levy are the: (a) $8,I75,000 General Obligation Tax Increment Bonds of 1980; (b) $450,000 General Tax Increment Bonds of 1982; (c) $565,000 General Obligation Tax Increment Bonds of 1984; (d) $2,100,000 General Obligation Tax Increment Refunding Bonds of i985, Series A; (e) $9,I00,000 General Obligation Tax Increment Refunding Bonds of 1987; (f) $2,399,720.75 General Obligation Tax Increment Capital Appreciation Bonds of 1990; and (g) $735,000 General Obligation Taxable Refunding Bonds of 1993, Series A (the "Bond Issues"); and WHEREAS, also secured by the pledge of tax increments derived from the tax increment financing district is the $2,400,000 Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota Tax Increment Revenue Bonds of 1990; and WHEREAS, due to litigation as to the valuation of some~of the real property located within the tax increment financing districts, the City has not received the projected amount of tax increment required to amortize the Bond Issues according to the debt service schedule for the outstanding principal amount of the Bond Issues; and WHEREAS, the City has monies in the following funds which may be pledged or loaned to the debt service account(s) for the Bond Issues so that they may be amortized according to the debt service schedule for the Bond Issues without the levy of the general ad valorem tax upon all taxable property with the City: (1) Parking Ramp Fund No. 290; (2) Four Cities Bond Fund No. 390; and Senior Housing Bond Fund No. 404; and WHEREAS, based on projections for the receipt of future tax increments over the term of the tax increment financing districts, the amounts borrowed by the City from the Parking Ramp Fund No. 290, Four Cities Bond Fund No. 390, and Senior Housing Bond Fund No. 404 may be repaid from the estimated, future tax increments remitted to the Housing and Redevelopment Authority in and for the City of Columbia Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council hereby authorizes the establishment of an "Interfund Loan" to temporarily finance any shortfalls in debt service for the Bond Issues. The source of money for the Interfund Loan shall be Parking Ramp Fund No. 290 in the amount of $408,027, Four Cities Bond Fund No. 390 in the amount of $446,352, and Senior Housing Fund No. 404 in the amount of $395,918. The City Administrator is hereby authorized to have loan documents prepared for the Interfund Loan. The Mayor and City Manager are authorized to approve and execute the loan documents which shall memorize the terms of the Interfund Loan. Passed this 28th day of March, 1994. Motion by: Ruettimann Seconded by: Peterson Roll call: A11 ayes -Anr{e Student ,-'-~)unci 1  yor F'os~ph-Sturd-ev~t-- Secretary ATTEST: I hereby certify that the aforegoing 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 28th day of March, 1994, as shown by  inutes of the said meeting in my presence J~o~Anne Student, D~-~ y City Clerk COLUMB~ I-~GHTS 1987 PROJECT ~U[.l~i~ I_~.KE TAX IN~:I~ TIF AREA ADDITION FOR SHEFFIELD AR~ Housing & Redevelopment Authority of Columbia Heights 5(.10 N.E. 40th Avenue, Columbia Heights, MN 55421 Oomml~ionm's Palficta Jindra P. Icha~ Ou~lin ~Fax: (612) 782-2857 · '[612)' 782-2854 DATE: TO: MAY 9, 1994 HRA BOARD OF COMMISSIONERS AND CITY MANAGER/~_ FROM: DON SCHNEIDER, HRA EXECUTIVE DIRECTORd~_.~- RE: SOURCE OF ADDITIONAL FUNDS FOR HRA FOR REPLACING THE HRA TAX BEING USED IN THE SHEFFIELD NEIGHBORHOOD REDEVELOPMENT PROJECT With the use of a major portion ($71,000) of the HRA annual tax levy(maximum of $78,089 is possible but we have only requested $71,040 for 1994 for use only in the Sheffield Neighborhood), there is concern that long term use of the $71,000 annually of the HRAtax levy will seriously jeopardize the future financial viability of the HRA. HRA staff is concerned too. However, there are alternative sources of funds to cover the loss of the $71,000 each year for up to 13 years. Following are some potential sources of funds: 1. Increase the HRA tax levy to the maximum amount of $78,089. This would provide an additional $7,049 each year. 2. An increase in the income for administering the Rental Assistance Program for Columbia Heights and Hilltop on behalf of the Metro Council HRA is expected to be retroactive to January 1, 1994. We budgeted for 1994 program income of $40,280. In 1995, with our staff doing slightly more work and with the increased per unit reimbursement rate, we expect that program income for administering the Rental Assistance Program will increase to $53,004 for 1995. These increases are expected to provide an increase in HRA income of at least $12,720 each year. 3. Return City reimbursement of Executive Director/City Planner/City Community Development Program Director salary/benefits to 25% from the 10% amount being reimbursed in 1994. From approximately 1984 through 1993, the City was reimbursing 25% of the HRAExecutive Director's salary/fringe benefits. The 25% reimbursement is justified in that the HRAExecutive Director is the City Planner, administers the Community Development Block Grant Program, administers the public parking ramps and other parking programs, tax increment financing, and other activities of the City which involve very little, if any, reimbursement for time of the Executive Director. A return of the City reimbursement to the 25% level would increase the reimbursement from approximately $16,560 for 1994 to $27,160 for 1995. This would provide approximately $10,600 annually. 4. Additional program income for administering various additional rehabilitation projects. Estimated at $10,000 additional income per year. 5. Retain current staffing level(Secretary, Housing Manager & Executive Director) with the Parkview Villa Housing Complex managed and maintained by Crest View. No replacement of Community Development Coordinator position. Savings of approximately $30,000 to $35,000 per year. With frugal management and limited new projects without administrative funds to support them, the HRA should be able to operate without the $71,000 per year for the 13 years. Please call me at 782-2855 if you have any questions. Equal Opportunity Employer Equal Housing Opportunity Agency U~zlted 8tares Attormy FOR IMMEDIATE Minnesota police departments had received grants to add police officer~ to their forces. The '.... '~;=~.~. ~:-:':;i" ":. grants are ursuant to th~ Police Htrt~ ~l~pplomen[~~ .~'~-:':'i~- '~'~ ,, 10 additional officers l~r department. Thc Moorh~ Police Department will receive $361,567 tO hire 6 mor~ offi~r., Pi. ally, $368,383 in monl~ w~l b~ Columbia Heights Police Department for 2 additiolIg Accordin~ to U.S. Attorney D~vid L. IJllehau& throu~ whose ~rents were announced, stated, ~l'hese ~r~ts, devoted pflmarlly to oommvnity pollctn~ will make a diffcronce in thc ongoing fl~ht against crime in Minnesota. We're pleased that Mfnncsota was included in this pro. am, and we hop~ that the Crlm~ Bill will bo passed so! that more such ~rants may come 1V~nnesota's way.' :- / :.~--:'.-~~ · . ' -~'~ ~~":'1 For ~urthe, information contact Harrl Kr~m~r at (202) $14-1~4. ~i~/, '~j~ .. ,POLICE DEPARTivIENT CITY OF COLdlVtBIA HEIGHTS DONALD J. MURZYN, JR. Mayor 559 Mill Street Northeast Columbia Heighls, MN 55421-3882 October 13, 1993 · Inlo~matlon (812) 782.284o -Investigations 782-2850 Fax Number 782-2842 DAVID P. MAWHORTER Chief of Police 782-2845 U.S. Department of Justice Office of Justice Programs Control Desk, Room 948 633 Indiana Avenue N.W. Washington, D.C. 20531 Dear Sir or Madam: Enclosed is the Columbia Heights proposal for the hiring of two police officers under the Bureau of Justice Assistance Police Hiring Supplement program. The hiring of the requested two officers will allow us to continue our commitment to community oriented/problem solving policing that was started in March of 1992. With the approval and funding of these positions, we will be able to implement this policing philosophy on a city-wide basis. Thank you for your time and your consideration of this request. Sincerely, Mayor David P. Mawhorter Chief of Police DPM:mld 93-386 Enclosure · ,.APPLICATION FOR FEDERAL ASS!STAHCE October 13, 1993 DAli IIClMD BY fBOIIIAL AOINCY ,,0U! App~ovil No. fl414041 I dIPltLICJJff llfOSMAIION ..ct ty~ o[ Columbia HeiBhts City of Coldmbis Helshts 590 60th Avenue N.E. Anoka County .Columbia Heishtst lin 55&21-~882 I MI Of APPLICAI1ON: Ckp~botbnol Unit Columbia HeLBhts Police Department Chief David (612) 782-2 86~ A ~oto H ~ b ~. B ~ t Outs ~ ~ d ~ Loo,~ ~ IMM IM),al),loto briM(0! b ba~(#): LJ InChoN Awl,d B. Dec,else AwMd Dsc. eel Du,oflm C)me, (fpec/~): 0 Bureau of Juotlce Xe0tetanc8 Policln8 Hirin8 Supplement Population of Jurisdiction to be oerved: 19659 Total number of BroTh officers to be hired: 2 Name of Jurisdiction to'be served, Cities of Columbia Heishts and Hilltop 135,623 - 135,623 M 2 71,266 .OD YEI TI. tiS I~EAPPLCATIOWAPf'L~ WA9 MADE AVAILABLE va THE 8TATE EXECUTWE O~IDER IIJ*l PIMSS FOR REV~rW ON: b NO. [] IN~XMI~IdlS*dOT(:X~BYa. O. II3FI [] ye. II 'Ye!.' o~och M e,et.aotlm. lit 10 IH! Il'l! Of MY KNOM!OO! AND I!U!Ir ALL DATA IN V#ii APPLICATION~P·f, APPLICAVION. ARC IIU~ AND CORRECT. 1141 OOCUMENI' HAS JIG# DULV diUI.OIqVO IV ~ DOVE#HIND lady Of' IM APPUC:AN! AND I*#1 APPLICANT 1fiLL COMPLY WlIH '!141 AT'AC#lO AIIUIU. NCI$ ! IN #$iillNCl ii iWAlIOIO Donald J. Hurzyn, Jr. 9b" / I ¢. v,,,~ ~, '. b l"layor '1 (6:12) 782-2809 - . ' I IIIn(llrd Fq~_ ilia ~V dill I UJ (/3 II . II II II II II !i ii II '-' ii ~ il-i "'e II Bureau of Justice Assistance Police Hiring Supplement Program Page I October 13, 1993 PUBLIC SAFETY NEED The cities of Columbia Heights and Hilltop are inner-ring suburbs of Minneapolis. Columbia Heights is a city of about four square miles with an estimated 1993 population of just over 19,000 residents. It is adjacent to the northern border of Minneapolis and has a direct bus line to the inner city. The city's housing stock is aging, most built in the 1950's, with small building lots. Many homes are valued at a price that makes them affordable for the fa'st-time home buyer. There is a large senior population and more than the metro suburban average of low priced rental units, many of which are three bedroom. Located completely within the city of Columbia Heights is the city of Hilltop. Columbia Height provides contract police service to Hilltop. The 1993 estimated population of Hilltop is just over 700. Hilltop consists of a mobile home park, a small strip mall, several lower bracket apartment buildings, and a low-priced motel. The eastern edge of Hilltop is located on the major bus line to the inner city. There is very little industrial business in Columbia Heights and none in Hilltop. Retail business consists mainly of fast food type restaurants, service type businesses, and lower end retail stores. Part I and Part II crime in Columbia Heights has experienced a steady increase over the past six years. A recent analysis of January to September reported criminal activity shows that there has been a total increase of 36% in reports of Part I and Part II crime from 1988 to 1993. Part I crime increased 27% and Part II crime increased 42% during this same period. It is interesting to note that during the same time period, the population of Columbia Heights dropped by over 800 residents. The social ingtability and poverty commonly associated with the central cities of Minneapolis Bureau of Justice Assistance Police Hiring Supplement Program Page 2 October 13, 1993 and St. Patti have established a firm foothold in the inner-ring suburbs of the Twin Cities area. Some very disturbing trends are occurring in Columbia Heights and Hilltop which make providing basic police services more difficult. They include the following: · Married families with children "In 1990 the percent of married families with children living in Columbia Heights represented less than 25% of all family units. Thi.~ represented a decline of 30% from 1980. Hilltop had 11%, which represented a 30% decline from 1980. This loss of traditional family base in our community has a negative impact on the health and stability of the community. During the same ten-year period, outer-ring suburbs experienced loss of married families with children at a rate significantly less than Columbia Heights (0 to -10%). Median income Residents of Columbia Heights and Hilltop grew poorer in the decade of the 80's. Columbia Heights saw the decade from 1979 to 1989 close with a 12% decline in median household income to a level less than $35,000 adjusted tO 1991 dollars. Hilltop fared no better and ended the decade from 1979 to 1989 with a median household income of $21,306, among the lowest in the metro area when compared to a metro median household income of $39,588. Outer-ring suburbs, on the other hand, ended the 1979-1989 decade with a median household income of $50,000 or more as adjusted for 1991 dollars, which tra~-~lated into an increase of 10% and more. Children under five years of age below the poverty level The percentage of poor children in a community is a very trenchant statistic. It represents .. not only present instability, but provides n worrisome insight into the community's future. Bureau of Justice Assistance Police Hiring Supplement Program Page 3 (3ember 13, 1993 Poor children are less likely to have both parents, to fini.~h high school, to find meaningful employment, or to avoid the damning, deadening grasp of the criminal justice system. Columbia Heights provides a particularly sU41dng example of the spread of childhood poverty in the inner suburbs of the Twin Cities area. With 21% of our children in poverty in 1989, we had as large a percentage of poor children as neighboring Minneapolis had in 1979. Today, we are growing poor 1.71 times faster than Minneapolis. Hilltop grew poor at a rate nearly equal with Columbia Heights. The outer-ting suburbs grew less poor, 0-20%, and some had no poor at all. All of this information points to a disturbing trend. As we become more and more poor and as our traditional family base continues to erode, the need for police and other helping services increases, while the ability of the community to pay for these services decreases because those who live in the city can't afford to pay for the services that they consume. Crime Increase Crime in Columbia Heights and Hilltop has steadily increased over the past 12 years. An article in the Minneapolis Star Tribune newspaper dated September 29, 1993, revealed that in 1992 Columbia Heights fled for number one in the overall reported Part I and II crime among the 20 suburban communities surrounding Minneapolis and St. Paul that were surveyed. The report indicated that Part I crime almost doubled from 1980 to 1992, ending at a rate of 75 Part I crimes per 1,000 pop~_flation. Part II crime almost tripled in the same time period, ending with a reported rate of 111 crimes per 1,000 population. The demographic and socioeconomic changes impacting the city over the last ten years and the fact that the area of the city that has felt this impact the greatest is on a major bus line to the inner Bureau of Justice Assistance Police Hiring Supplement Program Page 4 October 13, 1993 city of Minneapolis, have brought a dramatic increase in violent crime. Since 1988, robbery has increased 47%, aggravated assault has increased 56%, and weapons violations have increased over 50%. Nonviolent crime has also shown a marked increase, with burglary rates up 10%, larceny rates up 23%, and vehicle theft up 45%. Columbia l-leight~ and Hilltop are both small communities made up of blue collar families who have a long history of community pride and involvement. The daily barrage of media reported violence in the Twin Cities metro area and the increasing incidence of violence in our community is very frightening and disturbing to our citizens. Their concern and their fear have been voiced to public officials on numerous occa-~ions in the recent past. Their willlr~gness to help keep their community safe has aiso been expressed. Our actual number of crimes may seem insignificant and unworthy of serious consideration when compared to some other large cities across the nation. However, we nonetheless need help controlling the changes that are beginning to affect us. We have the community support and, with some assistance, can reverse the trend that is affecting us now. In 1992, Don Murzyn, Jr. was elected to the office of mayor, lie appointed David Mawborter as the new chief of police. With that nppointment came a directive to move the deparunent away from traditional policing and into community oriented/problem solving policing. The Chief dedicated one patrol officer and another n short time later that was funded by a grant from the Minnesota Office of Drug Policy to begin a pilot community oriented policing project in one of our transitional neighborhoods. This area consisted of the city of Hilltop, a ten-square-block area located just to the east of Hilltop, and the Central Avenue business district. A review of calls for service data showed that this area consistently accounted for 45 to 50% of the total calls for service Bureau of Justice Assistance Police Hiring Supplement Program Page 5 October 13, 1993 in the city. The pop,.~l~tion and geographic size of this area amounted to around 10% of the city population and size. Along with the high crime and service demands in this area, there were frequent reports of citizen fear to wallt about ia the area, be out at night, and general unsafe conditions. There were many reports of crack houses and open air drug denllrtg. The housing stock consisted of a mixture of old residential homes and many rundown duplexes and apartment buildings. Single family home owners were trying to move from the area due to fear, but were unable to because of the area's reputation and the significant drop in real estate values. People felt trapped and were unhappy. The community police officers quickly found themselves working with landlords, building officials, and fire officials to solve rental unit code violations. These officers formed a group of landlords that meet on a regular basis to educate, assist, and encourage responsible tenant screening standards and encourage landlords to take action against tenants who had repeated loud parties or were involved in drug activity. They met with law-abiding neighborhood residents and worked with them to solve problems they identified in the neighborhood and assisted neighborhood residents with social service needs. In early 1993 the city hired a new manager, Patrick Hentges. Mr. Hentges promptly began working with the officers, other city officials and elected representatives to develop a neighborhood revitalization project designed to renovate blighted duplexes ia the area. We have been involved ia this project for just over a year now and have come along way toward turning the neighborhood around. Citizens no longer complain of loud and disturbing conduct at the rate they used to. They are less afraid to walk ia the area, even after dark. Indications are that the crime and calls for service in the area are on a downward trend. Bureau of ~ustice Assistance Police Hiring Supplement Program Page 6 October 13, 1993 Because of our commiunent to community oriented/problem solving policing, we are now ready to take the next step to full, city-wide implementation. This will be a difficnlt task because of our current work load. The level at which general patrol officers must respond to dispatched calls for service does not allow adequate time for neighborhood organization and meetings or for problem solving. Declining revenues due to declining property values, declining median income, and state aid funding cuts to local units of government make the possibility of hiring additional officers unrealistic. We nevertheless are committed to moving forward. We need to enlist the aid of our citizens in problem identification, neighborhood police priority needs assessment, and problem solving, both with the police and by themselves. We need to develop call management strategies to lessen the work load, and to develop creative ways to resolve persistent problems. We also need to develop and implement the use of volunteers where appropriate. With the funding of two additional officers by this grant and the funding requested from the Minnesota Office of Drug Policy for a technical assistant to aid in community organization and to research and implement call reduction strategies and volunteer programs currently in operation in other deparunents, the Columbia Heights Police Department will be able to reach its goal of full implementation of community oriented/problem solving policing. The Columbia Heights Police Department has a proud history of providing prompt service to its citizens. We are still able to provide a full range of both criminal and noncriminal services that our citizens have grown ~med to receiving. Through our proposal, we hope that we can continue our tradition of community service and not become a reactive police force that only has time to respond to calls of Part I crime. Bureau of Justice Assistance Police Hiring Supplement Program Page 7 October 13, 1993 Public Safety Need, Additional Information I. 1990 U.S. Census Population Columbia Heights 18,910 Hilltop 749 Total 19,659 2. The unemployment rate for the jurisdiction for each of the last five years: Minnesota does not keep unemploymen! figures by jurisdiction for cities as small as Columbia Heights and Hilltop. However, the Minneapolis/St. Paul metro area unemploy- ment figures, which include Columbia Heights and Hilltop, are as follows: I988 3.4% 1989 7.8% 1990 4.3% 1991 4.6% 1992 4.5% 3. The ratio of population to sworn officers for Columbia Heights and Hilltop is: 1.07 officers per 1,000 population in 1990 , 1.09 officers per 1,000 population in 1993 4. The number and types of citizen calls for service handled by patrol officers for each of the last five years. The Department responded to the following ca11.~ for service: Criminal Noncriminal .Total 1988 2,923 10,465 13,388 1989 2,844 11,575 14,419 1990 3,176 11,586 14,762 1991 3,188 11,079 14,267 1992 3,713 8,370 12,083 Bureau of Justice Assistance Police Hiring Supplement Program Page 8 October 13, 1993 The jurisdiction's uniform crime report UCR rates for all Pan I offenses for each of the last five years: * Modified crime index, including arson 1992 1991 "Columbia Heights '1,357 '1,177 Hilltop 11,213 15,620 1990 1989 1988 · 1,227 '1,073 '1,060 16,270 12,142 13,771 6. The actual number of full time law enforcement officers employed during each of the last five 1992 1991 1990 1989 1988 22 officers 20 officers 21 officers 20 officers 19 officers The number of officers deployed by function during each of the last five years: 1992 1991 1990 1989 1988 two administrative, three investigative, 17 patrol two aclmini.~trative, two investigative, 16 patrol two admini.~lrative, three investigative, 16 patrol two administrative, three investigative, 15 patrol two administrative, three investigative, 14 patrol 8. The actual number of officers laid off or furloughed during each of the last five years: None. Bureau of Justice Assistance Police Hiring Supplement Program Page 9 October 13, 1993 10. The actual operational expenditures for police services and total expenditures by the jurisdiction for each of the past five years: Police Total Jurisdictional 1992 $1,714,603 $17,614,297 1991 $1,666,783 $21,144,279 1990 $1,690,382 $27,530,676 1989 $1,506,566 $16,107,128 1988 $1,401,390 $15,218,885 The expenditures for police overtime and/or the amount of compensatory time granted in lieu of overtime spending for each of the past five years; provide an explanation for overtime expenditures: Overtime $ Compensatory Time granted 1992 $34,995 788 hours 1991 $27,566 766 hours 1990 $30,443 652 hours 1989 $34,426 887 hours 1988 $29,487 1,024 hours Overtime monies and compensatory hours are earned for the following activities: court time, shift holdover, working a vacant shift, and special assignments. Most overtime and compensatory time is earned in court time, followed by ~]]ing vacant shifts (due to vacation, sick leave, etc.), and then by shift holdover. Bureau of Justice Assistance Police Hiring Supplement Program Page 10 October 13, 1993 STRATEGY The overall goal of this proposal is to implement community oriented/problem solving policing as a primary method of delivering police services throughout the cities of Columbia Heights and Hilltop. Our current demonstration project consisting of one officer dedicated by the deparunent.and one officer funded through a grant from the Minnesota Office of Drug Policy has shown that community oriented/problem solving policing is a successful method of solving problems of crime and related disorder in the community. This project has its focus on creative problem solving as the primary manner of service delivery. Problem solving partnerships have been established: 1. with area landlords through monthly landlord meetings, 2. with area citizens through block watch meetings and individual contacts, 3. with business persons dxrough personal contacts and seminars, 4. through coordinated efforts of building officials, f'u'e officials and police to solve rental unit blight conditions, 5. through work with all city deparunents and the city manager to develop a redevelopment plan for the area, 6. through direct working relationships with social service providers, schools and mediation services to solve problems of truancy, domestic abuse, tenant/landlord problems, welfare fraud and other social problems, and 7. through working with other county law enforcement agencies to solve drug sales problems. The depamnent plans to involve community leaders and area residents in the planning, implementation, and coordination of this endeavor in the following manner. Bureau of Justice Assistance Police Hiring Supplement Program Page 11 October 13, 1993 About a year ago, the Chief of Police brought together a group of citizens to form the Police Chief's Forum. This Forum is made up of neighborhood block watch captains from various areas in the city, the clergy, the schools, student representatives, business representatives, a mayoral appointment, and several at large interested persons. It's primary mi.~sion is to provide information and advice on police matters that directly affect the city and its ci!!Tv, ns. This proposal has been reviewed and endorsed by the Forum, who will be charged with monitoring its progress and making recommendations on changes or improvement. Another and equally valuable source of guidance will be the neighborhood associations that will be formed. If our community is like others that have moved toward this concept, the department and its employees will be held accountable for progress, or lack of it, made in solving identified neighborhood problems. Citizens will provide guidance toward the implementation of the endeavor, to be sure. Finally, in an effort to establish community interest and commitment to expanding the practice of community oriented/problem solving policing city-wide, .the Mayor and I have scheduled a meeting of all our block captains in two weeks. The purpose of this meeting will be to provide information and answer questions regarding community oriented/problem solving polieing and to explain our vision of expanding this philosophy city wide. We will also pass out a community survey and ask that our block captains distribute the surveys to their block members and return them to us when complete. The survey will assess citizen interest and commitment to community oriented/problem solving policing and to their feelings regarding call reduction strategies. It is felt that with the above listed efforts, community participation will be developed and sustained. Bureau of Justice Assistance Police Hiring Supplement Program Page 12 October 13, 1993 In achieving our goal of full city implementation of community oriented/problem solving policing as the primary law enforcement method of service delivery, we plan to assign our patrol sergeants to specifically identified neighborhoods. It will be their responsibility to organize neighborhoods, meet with the neighborhood members regularly for problem identifcafion and the develoPment of police/neighborhood problem solving efforts. It will then be the responsibility of the sergeants to work with the neighborhood members and their assigned patrol officers to develop, implement, and evaluate problem solving strategies. We realize that as this process begins, our calls for service will continue and may actually increase. The two officers requested in this proposal will be used to relieve patrol sergeants so they do not have to handle as many calls as they currently do and so they will have time to perform neighborhood organization and other neighborhood problem identification and solution duties. Besides the implementation strategies already discussed in this part of the proposal, we intend to build on our current experience in problem solving that has been gained through our demonstration project and through our currently established problem solving procedure. Our current experience combined with thc proposed new implementation strategies should work well together and result in productive and positive collaborative efforts to solve crime and related disorder flu-oughout all neighborhoods of Columbia Heights and Hilltop. We plan to assess the progress of our evolution to city wide community oriented/problem solving policing in the following ways: · By the number of neighborhoods organized · By the number of meetings held with organized neighborhoods Bureau of Justice Assistance Police Hiring Supplement Program Page 13 October 13, 1993 By citizen surveys regarding the quality of services delivered and satisfaction with problems addressed By logging and summari~ng complaints and compliments from citizens regarding their experiences with the method of policing By logging, assessing, and analyzing the individual problems encountered and the results of the attempted solutions By analysis of crime and service related calk for service By monthly feedback and evaluation from the Police Chief's Forum By surveys of officers regarding the viability of the system and any suggested improvements By the number and outcome of volunteer programs and call reduction strategies implemented by the department. We do not anticipate that the addition of the requested two police officers will have any significant impact on other criminal justice agencies. Because these officers will be primarily used to t'fll the call response duties currently being fulfilled by our patrol sergeants, we do not anticipate a significant increase in arrests and prosecutions merely because of the addition of the officers. There may be some increase in arrests and prosecutions due to the cir~Te, us gaining confidence in the police and w~lllngly working with them to solve crime. At this point, however, we are unable to accurately assess this impact. Through problem solving documentation already in place, we should be able to identify any excessive trends and take steps to work with respective justice agencies to relieve pressure. Bureau of Justice Assistance Police Hiring Supplement Program Page 14 October 13, 1993 Implementation Plan Our proposal's goal and implementation slrategies are as follows: To implement community oriented/problem solving police services throughout the cities of Columbia Heights and Hilltop. Oblective I Administrative preparation A. To rewrite the job descriptions of patrol sergeants to include new duties of community oriented/problem solving policing. B. To develop a job description for the position of technical assistant (funding to come from Minnesota Office of Drug Policy gran0. C. To obtain necessary Council approval for the above job descriptions. Time Line Completion Dates Person(s) Responsible A. 12-1-93 to 01-01-94 City Manager Assistant City Manager Police Chief B. 12-1-93 to 01-01-94 Assistant City Manager Police Chief C. First Council meeting of 1994 Mayor and City Council Objective 2 Develop new performance evaluation tools tailored to community, oriented/problem solving policing A. To research, develop, and implement a new performance rating system for patrol sergeants that has its main focus on community orienw. A/problem solving accomplishments. B. Train patrol sergeants in this system and performance expectations. Bureau of Justice Assistance Police Hiring Supplement Program Page 15 October 13, 1993 Time Line Completion Dates A. 01-01-94 to 05-30-94 B. 05-30-94 to 6-1094 Person(s). Responsible Police Chief Patrol Captain Patrol Captain Objective A. Selection Process To develop and administer the necessary hiring programs for the two police officers and the technical assistant (funding to come from Minnesota Office of Drug Policy Grant. Make selections of above positions, establish employment starting dates, and swearing-in dates. Time Line Completion Dates A. 01-15-94 to 02-15-94 Person(s) Responsible Civil Service Commission Assistant City Manager Police Chief B. 03-01-94 Mayor Police Chief .Objective 4 A. Training Requirements Provide initial City orientation training and program requirements training to thc technical assistant (funding to come from the Minnesota Office of Drug Policy). Complete field training officer program for two new officers. Provide training to patrol sergeants in community organization skills. naining on problem solving to all sworn personnel. Provide refresher Bureau of Justice Assistance Pohce Hiring Supplement Program Page 16 October 13, 1993 Time Line Completion Dates A. 03-01-94 to 03-15-94 B. 03-01-94 to 6-1-94 C. 03-01-94 to 06-01-94 (various times) Person(s) Responsible Police Chief Assisumt City Manager Volunteer Coordinator Patrol Captain Field Training Sergeant Police Chief Patrol Captain Volunteer Coordinator Ob,|ective 5 A. Bo Neighborhood Identification and Organization Patrol sergeants will be assigned geographic areas within the city as their responsible areas for neighborhood organization and problem solving. With the aid of the administrative technician (funded through a grant from the Minnesota Office of Drug Policy), neighborhoods throughout the city will be identified and organized. Time Line Completion Dates Person(s) Responsible A. 06-01-94 Police Chief Patrol Commander 06-01-94 to 12-31-94, 116 of the city 01-01-95 to 12-31-95, 2/3 of the city 01-01-96 to 12-31-96, 1/6 of the city Patrol Captain Patrol Sergeants Administrative Technician Objective 6 Neighborhood Meetings and Problem Solving A. Patrol sergeants, with the aid of the administrative technician, will meet with established neighborhood groups on a monthly basis to discuss area problems and policing priorities. B. As problems are identified, patrol sergeants will work with neighborhoods on solutions. Bureau of Justice Assistance Police Hiring Supplement Program Page 17 October 13, 1993 Time Line Completion Dates A. Through the life of grant B. Through the life of grant Person(s) Responsible Patrol Captain Patrol Sergeants Administrative Technician Patrol Captain Patrol Sergeants Officers Objective 7 A. Volunteer Program and Call Management Strategies Administrative technician (funded through a grant from the Minnesota Office of Drug Policy) will research current volunteer programs and call management techniques in place in other departments throughout the country. Administrative technician will meet with the Chief and Patrol Captain to discuss and recommend appropriate volunteer programs and call management techniques for the department. Selected program will be adopted and put in place by the department. Time Line Completion Dates A. 03-15-94 to 06-30-94 B. 03-15-94 to 07-15-94 C. 07-15-94 to end of grant period. Person(s) Responsible Administrative Technician Police Chief Patrol Captain Administrati3~e Technician Police Chief Patrol Captain Administrative Technician Bureau of Justice Assistance Police Hiring Supplement Program Page 18 October 13, 1993 CONTINUATION AND RETENTION PLAN As stated above, the City is committed to implementing the philosophy of community orient- ed/problem solving policing. As part of this commitment, the Columbia Heights City Council has passed a resolution (attached) agreeing to fund the necessary cash match required throughout this grant Period and to continue these positions at the termination of the grant Period. ADDITIONAL RESOURCES COMM12lViENT As part of thc overall plan for the transition from traditional policing to community orien~Yproblem solving policing, the department is applying for a grant from the Minnesota Office of Drug Policy for additional training monies to be used for training in community oriented policing, problem solving, and neighborhood organization. This grant also contains a request for funding for a position of administrative technician. This position's responsibilities include: 1. Assisting patrol sergeams with neighborhood organization activities, 2. Researching call management strategies currently in oPeration throughout the county and recommending those that are applicable to our deparunent. 3. Researching volunteer programs that are currently oPerating throughout the county and recommending those that are appropriate for this department. This grant, if funded, will be in effect for one year, with a high pwbability of a second year of funding. During this time period, these goals should be attainable and will greatly advance the department's implementation of community oriented/problem solving policing. It is anticipated that the amount of this funding will be approximately $42,000, or a wtal amount of $84,000 for two years. Bureau of Justice Assistance Police Hiring Supplement Program Page 19 October 13, 1993 CERTIFICATION OF USE OF FUNDS The City of Columbia Heights and its Police Department hereby certify that funds made available under the Bureau of Justice Assistance Police Hiring Supplement Program, Number 16.580, Drug Control and System Improvement Discretionary Grant Program will not bt: used to supplement state or local funds, but will be used to increase the amount of state or local funds that would be available for law enforcement purposes in the absence of federal funds. Date David P. Mawhorter, Chief of Police Date Bureau of Justice Assistance Police Hiring Supplement Program Page 20 October 13, 1993 BUDGET PROPOSAL NARRATIVE Attached are two budget documents that explain the budgeting requirements of this proposal. The first attachment, tiffed Bureau of Justice Assistance Police Hiring Supplemental Program Budget Documentation, outlines the estimated costs of one officer for each of the three years of the grant proposal and also includes a total expenditure for thc life of the grant. This document explains all costs associated with salary, overtime, fringe benefits, and other known costs for the hiring and maintenance of one officer for this grant period. It does not break out those costs that will be covered by the grant proposal. The second attachment, titled Cost distribution for requested two officers, outlines the same costs reflected on the previous attachment as they relate to the two officers proposed and the distribution of costs to the City and to the grant. DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 (See reverse for public burden disclosure.) 1. Type of Federal Action: I--~'J ·. contr·ct b. Br·nt c. co(q)ffltive IBrUmut d loin e. loan lulrsntee f. loon insurance e · . bid/offer/application ~'lb. Initial award c. post-aw·rd Nome end Add,us of lepoflbl Emily: I~ Prime O Subawsrdee Tier ./f bown: City of Coltmb'la l~eight8 590 &0th Avenue Anoka County Columbia Helehts. Ninnesota 55421-3882 Coq~ssioualDld'dd, if tnown: Fedoral DepmmenVXlency: U.S. Department of Justice Bureau of Justice Assistance I. Federal Ad·on Number,/f &nown: U.S.C. 1352 10. a. Name and Addms of Lobby·ns Entity (if indiv~ual, /os! name, fi,! n~me. MI): Hone 3. Repofl Type: EJ·. initial fSI·ns b. material chanle year IlUlfter dote of .list If Itepomnl EMity in No. 4 k Se,l, mimbe, Name Mid AddreN of Prime: ~1 District, if bown: hderd Pmsrom DFu8 Control and System Improvement Discretionary Grant Prosram CFDA Number./fa/~/kab/e: 16-580 Award Amount, if S b. Individuals Perfonnln8 Servkes (/r)cludiflf address l( #if~e~en! (rom No. Hone 11. Amount of Payment (checi off f/Ltl apply): S None Q actual [:] planned 12. form of Payment fcbect s//M aPI~): N/A O · cash [3 b in-kind: specify: uature value 13. Type of Payment (checl s//lb! fpp/y): [~ S. milner N/A C3 b. oM-time fee l:J c. commission D d. continlent fee I:J e. defened I:] f. other; specify: 14. Brief Des·apPian of Senbs PM·mad M to be PM·mad and D·tds) of k, Mce, indudlnl office(s), employee(s), M Membu(s) contacted, for I)symenl Indicated b item 11: H/A 1S. CondmMimt Shed(s) SF-LLL-A Mt·chad: D Yes ~ No ,,: I . I ,,c~onlJSZTMskioNNM~,ctivflk~b,mied,l,eW.m~ I S~lture:A' ~ , ' I I WMMJ1US.C. 13S2. T~MtMdlk~ffMh I -- .. ' ' ' ~.~OLUTION NO. ,?~- ~o B~ING A RESOLUTION SUPPORTING SUBMISSION AND AUTHO~'~NG BUDGET COMMITME~ TO THE FEDERAL. POLICE HIRING SUPPLI~H'AL GRANT PROGRAM FOR TWO ADDITIONAL POLICE OFFICERS WHEREAS: The City of Columbia Heights, Minnesota, is applying to the Bureau of Justice Assistance for , grant for two police officers to b~ used to further community oriented policing efforts of the Police Deparanent, and WHEREAS: Pan of the critera for granting this request requires , commitment on the pan of the City Council to fund 50 per cent of the ~!ories of the two officers over the three-year grant period and to continue these positions at the conclusion of the grant; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights City Council agrees to match the funds requir~ by the grant and to retain these positions at the conclusion of the three-year gram period. Passed this 1 lth day of October, 1993. Offered by: Nawrocki Seconded by: C I erk i n A11 ayes Roll call: bfayor Donald ~. biurz~,~'lr, v o-Anne Student, Council Secretary COLUMBIA I-n~JGHTS POLICE DEPARTMENT TO: FROM: SUBIECT: DATE: Mayor Donald Murzlm, h. David P. Mawhorter, Chief of Police Bureau of Justice Assistance Police Hiring Supplement Program Grant Office of Drug Policy Crime Prevention Grant October 1, 1993 As directed by you, I have begun to put together the necessary documentation to submit for these grant proposals. As part of the grading criteria, I will need your approval and Council's approval in certain matters. For that reason, I am submitting the following brief description of the grant proposals, the projected costs of the grants to the City and a request for either a resolution or some other type of Council endorsement regarding thc continuation of this project and the continuation of the positions at the end of the grant period. Federal Bureau of Justice Assistance Grant The basic strategy of this grant is to hire three new police officers. These officers will be deployed during the hours of 11:00 A.M. until 3 A.M. on two different shifts; one will work 11 A.M. to 7 P.M., the other working 7 P.M. to 3 A.M. These are our busiest call times, and we will be able to make the best use of the officers during this period. When these officers are trained and put on the street, they will then backfill for patrol sergeants who will' also be assigned the same basic schedule deployment time. It will be the responsibility of the patrol sergeants to organize neighborhood coalitions, to meet with these neighborhood coalitions and discuss problems and concerns that they have in their neighborhoods. In cooperation with the neighborhood coalitions, they will develop strategies for solving problems in these areas. It will then be the sergeants' responsibility to delegate thc appropriate problem solving efforts to tbeir respective subor~linates in the field. It is my intention through ~is plan to move the concept of oomrnunity oriented policing and problem solving throughout the city of Columbia Heights. The Bureau of Justice Assistance Police Supplement Hiring Supplement Program contains certain criteria that will be used as a basis of selection for successful applicants. There are 100 possible points upon which each applicant will be graded. One section entitled 'Continuation and Retention Plan' amounts to 10 per cent of the selection criteria. It states as follows, 'Describe how the applicant intends to continue this project and retain Mayor Donald Murzyn, ~Ir. Page 2 October I, 1993 the positions created with the project funds following the conclusion of the grant period. If possible, include an endorsement of the jurisdiction's continuation and retention plan by local budget authorities." I have included with this memo an estimated known cost outline for the officers in this grant period. A quick, review of this reveals that over the life of the grant, the city will be obligated to pay $233,832 for three officers. The fa'st year after the grant ends, the cost will be $I80,864 for the three officers. These costs are msde up from wages, fringe benefits, and other costs which include uniforms and ongoing training costs. The way the funding formula is outlined in the grant proposal, the federal government will be willing to pick up 50 per cent of the cost of fringe benefits and salaries, but no other costs. This is how I arrived at the $233,832 cost figure for the three officers. I have also included costs for two officers and one officer, should the Council consider that as a possible strategy. I anticipate this to be a very competitive process. There is only $75 million available for towns under 150,000 population. In my contacts with fellow police chiefs throughout the state of Minnesota, I have yet to come across one who is not going to submit a grant proposal. Because of this, we will have to have a very well-drafted plan which will have to include documentation in all of the selection criteria areas. If we cannot gain the support of the Council for an endorsement of the jurisdiefion's continuation and retention of requested positions, we will automatically lose I0 points of the selection criteria. I think by losing these ten points, it will effectively take us out of the competition for the grant. If that be the case, I do not feel that it is in the best interests of the City and the Police Department to go to the work of developing the grant and submitting it. State Office of Drug Policy Crime Prevention Grant we are also writing a companion grant through the Office of Drug Policy for an adminisu'ative assistant to the Police Department. This person would be responsible for researching, recommending and developing alternative methods for responding to police calls for service. It is anticipated that this will aid us in management of our call for service load, thus allowing officers more time to interact with citizens and conduct problem solving. This person will also be an aide to the neighborhood.~org~iT.~tion efforts and will work with the patrol sergeants along those lines. This position will also be responsible for researching, recommending, developing and implementing various volunteer programs within the Police Department that are appropriate and applicable to us. Also, as part of this grant I will be including adequate monies to provide rather intense training to the patrol sergeants and officers in the concepts of problem solving and community oriented policing. Mayor Donald Murzyn, Jr. Page 3 October 1, 1993 Grading Criteria The grading criteria for these two grants is as follows: Federal Grant 1. Public safety need 2. Strategy 3. Implementation plan 4. Continuation and retention 5. Additional resource commitments a. Other grants 40% 3O% 10% 10% 10% State Grant 1. Community need 2. Project description 3. Community collaboration 4. Organization capacity 5. Budget reasonableness 20% 25% 25% 15% 15% I hope this memo has been informative for you. I will be at the Council meeting if you have further questions. Should the Council choose to have us enter the competition for this grant, I again stress the importance of an endorsement or resolution supportinl~ the Council's commitment to the program and its willingness to continue the positions funded by this three-year grant program. DPM: 93-361 Auachments · ~ CITY COUNCIL LETT~ NeetiuS of: Hay 23, 1994 A A SECTION= ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT= CITY~*NAGER'S ~1 ~PPRO¥~L NO 6 , , ~--~ NOel 6. C. DATE= 5-19-94 DATEs / llmember Jolly arranged a meet/rig between ACCA~ officials to discuss further consJ.deration of the Leasehold Cooperative Desi~nation of 3932 Central Avenue (Theatre Heishts Apartments). As the Council recalls, no effective action was taken on this item at the last zteetJns as a number of motions vere not sustained as a result of a 2-2 deadlock vote. ]~t tt,e meeting, ACCAP presented a further clarification on the use of fund~ns obtained from a hoBtestead tax deslsnation for the project. ACCAP emphasizes that many of the ~provement8 1:o b~undertaken are items that viii be in need of eventual replacement under the City'e Hous~nsMaintenance Code. Further, ACCAPexplained the financing structure for the buildin$. Up t¢, this point, the actual sources of funding for the project were not entirely clear to City officials. :~ne ~ pro J, If t ].~roj ~ on ti oblil asic issueunder consideration by the City Council is a finding of fact that the proposed ~ct is consistent with all of the following findinss within state law= That the grantinS of the homestead treatment of the 22-unit apartment buildins will facilitate safe, clean, affordable housins for the cooperative members that would otherwise not be available absent the homestead desi~nation for this property; That ACCAPhas presented information satisfactory to the Columbia Heishts City Council showins that the savinss 8a~nered from the homestead desi~nation of the units rill be used to reduce the tenant's rents or provide a level of furnishings or maintenance not possible absent the desi~nation~ and ;) That the requirements of para8raphs (b), (d), and (i) of N{--esota Statutes Section 273.124, Subd. 6 have been met by ACCAP (see attached copy of State Law)~ and ~) That the Nayor and City Nanager are directed to enter into a development contract (as attached Exhibit A) regarding the operation of the leasehold cooperative located at 3952 Central Avenue. ~e Council is uncomfortable with the information or does notunderstand the impact of the ~ct, an alternative is to refer this matter to work session or essentially take no action ~e item until the information is properly presented by ACCAP. Of course, there is some ~ation on the part of the City to advise ACCAP as to what information needs to be .lied. ~ECO~ENDEDNOTION= Hove to waive the reading of the.resolution, there being ample copies ~avai%able to the public. ~LTERNATIVE HOTION= Hove approval of ~esolution 94 , Resolution of the City Council of t~e City of Columbia Neishts ~ranting Homestead Classification to the Property Located at :~932[Central Avenue and Authorization to Enter into Development Contract Regarding the Same. ~LTERNATIVEHOTION= Hove to deny homestead classification to the property located at 3932 ,~ent~al Avenue, as information is inadequate. ~LTERNATIVE HOTION~ Nove to table Resolution 94- , Resolution of the City Council of the~ity of Columbia Heishts ~ranting Homestead Classification to the Property Located at 3932 ,~entFal Avenue and Authorization to Enter into Development Contract Regardin8 the Same, and refe~discussion to work session of Tuesday, May $1, at ? ~.N. ~TERNATIVE HOTION: Take no action on the resolution, however, specify to ACCAP what lnfo~ation needs to be further clarified. ACTION~ RESOLUTION 94- I~F~OLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGI-rrs GRANTING HOMESTEAD CLASSIFICATION TO THE PROPERTY LOCATED AT 3932 CENTRAL AVENUE AND AUTHORIZATION TO ENTER INTO DEVELOPMENT CONTRACT REGARDING THE SAME. WHEREAS, Anoka County Community Action Program, Inc. (ACCAP), an experienced nonprofit corporation and real property manager, has purchased a 22-unit apartment building in the City of columbia Heights at 3932 Central Avenue. WHEREAS, pursuant to paragraph (j) of Minnesota Statutes Section 273.124, subd. 6, ACCAP has applied to the City Council of the City of Columbia Heights to make certain findings with respect to that property now owned by ACCAP. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Anoka County, Minnesota, as follows: That the City Council for the City of Columbia Heights, after holding a public hearing to determine whether ACCAP, the owner of an apartment building located at 3932 Central Avenue, Columbia Heights, Minnesota, has submitted sufficient evidence regarding whether this property should receive homestead classification under Minnesota Statutes Section 273.124, subd. 6 (j), hereby make the following findings: O) That the granting of the homestead treatment of the 22-unit apartment building will facilitate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation for this property; (2) That ACCAP has presented information satisfactory to the Columbia Heights City Council showing that the savings garnered from the homestead designation of the units will be used to reduce the tenant's rents or provide a level of furnishing or maintenance not possible absent the designation; and (3) That the requirements of paragraphs (b), (d), and (i) of Minnesota Statutes Section 273.124, subd. 6 have been met by ACCAP. That the Mayor and City Manager are directed to enter into a development contract (as attached Exhibit A) regarding the operation of the leasehold cooperative of the property located at 3932 Central Avenue. Passed the day of ., 1994. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TTY 783-4724 A Ut~leo Way Agcocv Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 Leasehold Cooperative Status Theater Heights Apartments 3932 Central Avenue N.E. Dear Mr. H6ntges: I am writing tO request that the City Council re-examine our request fbr the necessary findings to facilitate leasehold cooperative.tax status on the above referenced property. I understand from our conversation that this action could be scheduled for your May. 23, I994 meeting. ACCAP staff will be in attendance to answer any questions at that time. Pat, you raised two (2) questions during our telephone conversatiOn and I. thought a written response might be helpful for you and the Council members. I. Are the proposed improvements all really necessary at this time? The proposed improvements are designed with a look toward the long term maintenance and condition of this property. We do not want to restrict the worlc to only the immediate pressing problems as this does nothing but bring the building up to minimum livability standards. Our proposal is designed to bring the building to a standard that would reflect positively on the City of Columbia Heights, ACCAP and our tenants. This standard is not possible without the leasehold cooperative status. 2. What will be the disposition of any "profit" from the operation of this building? Any excess operating income will be used to, insure that we can maintain affordable rents,, complete necessary 'and desirable .improvements and to e.qtablish a reserve for replacement fund. As you are aware, the net impact of the leasehold cooperative tax status is that without your AN EQUAL OPPORTUNITY EMPLOYER approval, we will need to reduce our proposed renovation plans by $50,000. The cheapening of this project will be visible at this project on a long term basis. Our contractor is currently on the job and we are proceeding on the net impact of denial from the City of Columbia Heights. If the City Council is open to revisit our request, it would be most helpful and appreciated, but it is important to recognize that we have a small window of opportunity to act while we can still effectively modify our construction activities. We are attempting to set up a meeting with the Mayor prior to this Council meeting. Thank: you for your cooperation and your efforts to work together in addressing the needs of our residents. Sincerely, Executive Director PM/ch ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. Il as if it were homestead : 'sidence; the ad valorem property .. structure; d a land lease; and tanding the fact that the intervals. one or more dwellings, fits, are owned by a cot- ich person who owns a ~ occupy a dwelling, or may claim homestead ling containing several e building occupied by description or number, ment under this subdi- · ted, nor more than 80 n~gs containing several ,respective units com- g subdivision, the cot ag a right to occupy a fi,. A charitable corpo- se exempt thereunder th respect to member idential participation :ufactured home park · 308A, and each per- is entitled to occupy ~omestead treatment I as if it were home- et: ail valorem property lure either directly, gA is wholly owned m or association. ta with no outstand- 01 (eX3) hax-exempt .idents ofthe manu- ; entitling them to g several dwelling ating as a nonprofit s ~under which they classification must .sessed in the man- orations. g several dwelling fchapter 80D and ~nts with persons 1095 TAXE.g; lISTING, )k.gSF-.SSMENT 273.124 who occupy a unit in the building and the residency agreement entitles the resident to occupancy in the building after personal assets are exhausted and regardless of'ability to pay the monthly maintenance fee, homestead classification.shall be given to each unit so occupied and the entire building shall be assessed in the manner provided in subdivi- sion 3 for cooperatives and charitable corporations. Subd. 6. Leasehold cooperatives. When one or more dwellings or one or more buildings which each contain several dwelling units is owned by a nonprofit corporation subject to the provisions of' chapter 317A and qualifying under section $01(c){3) or $01(c){4) of the Internal Revenue Code of 1986, as amended through December 31, 1990, or a limited partnership which corporation or partnership operates the property in conjunction with a cooperative association, and has received public financing, home- stead treatment may be claimed by the cooperative association on behalf of the mem- bers of the cooperativ~ for each dwelling unit occupied by a member of the cooperative. The cooperative association must provide the assessor with the social security numbers of'those members. To qualify for the treatment provided by this subdivision, the fol- lowing conditions must be met: (a) the cooperative association must be organized under chapter 30gA and all vot- ing members ofthe board of'directors must be resident tenants of'the cooperative and must be elected by the resident tenants of the cooperative; . ,~.~) _t~e..,c~pe.~t..ive associa, tio. n must hav.e a lease for occupancy of'the pro rt for a tc:m ol flt'least .it/ ears ' · · · . pe Y ~ la. ~n[J .... y , w. mcn permits the cooperative assoclatlon, while not in t.oel.aul..t on the lease, lo participate materially in the management of the property, [liac!uding material participation in' establishing budgets, setting rent levels, and hiring ~ .supervising a management agent; ' t'---(c) to the extent permitted under state or federal law, the cooperative association must have a right under a written agreement with the owner to purchase the property ff the owner proposes to sell it; if the cooperative association does not purchase the property it is offered for sale, the owner may not subsequently sell the properly to another purchaser at a price lower than the price at which it was offered for sale to the . coope..rative association unless the cooperative association approves the sale; (d) a minimum of 40 percent of the cooperative association's members must have incomes at or less than 60 percent of area median gross income as determined by the United States Secretary of Housing and Urban Development under section 142(dX2XB) ofthe Internal Revenue Code of 1986, ~ amended through December 3 I, I991. For purposes of this clause, "member income means the income ora member et__..~sting at the time the member acquires cooperative membership; (e) ifa limited partnership owns the property, it must include as the managing gen- eral partner a nonprofit organization operating under the provisions of chapter 317A and qualifying under section 50I(cX3) or 501(cX4) of the Internal Revenue Code of 1986, as amended through December 3 I, 1990, and the limited partnership agreement must provide that the managing general partner have sutiicient powers so that it materi- ally participates in the mnnngement and control of the limited partnership; (f) prior to becoming a member ora leasehold cooperative described in this subdi- vision, a person must have received notice that (I) describes leasehold cooperative property in plain language, including but not limited to the effects of classification under this subdivision on rents, property taxes and tax credits or refunds, and operating expenses, and (2) states that copies of the articles of incorporation and bylaws of the cooperative association, the lease between the owner and the cooperative association, a sample sublease between the cooperative association and a tenant, and, if the owner is a partnership, a copy of the limited partnership agreement, can be obtained upon written request at no charge from the owner, and the owner must send or deliver the materials within seven days after receiving any request; (g) ifa dwelling unit of a building was occupied on the 60th day prior to the date on which the unit became leasehold cooperative properly described in this subdivision, the notice described in paragraph (f) must have been sent by first class mail to the occu- pant of the unit at least 60 days prior to the date on which the unit became leasehold 273.12~ TAXES; LISTING, ASSESSMENT 1096 cooperative property. For purposes of the notice under this paragraph, the copies of the documents referred to in paragraph (f) may be in proposed version, provided that any subsequent material alteration of those documents made after the occupant has requested a copy shall be disclosed to any occupant who has requested a copy of thc document. Copies ofthe articles of incorporation and certificate of limit~! partnership shall be filed with the secretary of state after the expiration of the 60-day period unless the change to leasehold cooperative status does not proceed; (h) the county attorney of the county in which the property is lOCated must certify to the assessor that the property meets the requirements of this subdivision; ~) the public financing received must be from at least one of the following sources: (1) tax increment financing proceeds used for the acquisition or rehabilitation of the buildin~ or interest rate write-dowus relating to the acquisition of the building; (2) government issued bonds exempt from taxes under section 103 of the Internal Revenue Code of 1986, as amended throogh December 31, 1991, the proceeds of which are used for the acquisition or rehabilitation of the building (3) programs under section 22 l(d)(3), 202, or 236, of Title II of the National Hous- ing Act; · (4) rental housing program funds under Section 8 of the United States Housing Act of 1937 or the market rate family graduated payment mortgage program funds administered by the Minnesota housing fumnce agency that are used for the acquisition or rehabilitation of the building; (5) low*income housing credit under section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1991; (6) public financing provided by a local government used for the acquisition or rehabilitation of the building; including grants or loans from (i) federal community development block grants; (ii) HOME block grants; or (iii) residential rental bonds issued under chapter 474A; or (7) other rental housing pix)gram funds provided by the Minnesota housing finance agency for the acquisition or rehabilitation of the building --' (j) at the time of the initial request for homestead classification or of any transfer of ownership of the properly, the governing body of the municipality in which the prop- erty is located must hold a public hearing and make the following findings: (1) that the granting of the homestead treatment ofthe apartment's units will facil- itate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation; (2) that the owner has presented information satisfactory to the governing body showing that thc savings garnered from the homestead designation of the units will be used to reduce tenant's rents or provide a level of furnishing or maintenance not possi- ble absent the designation; and (3) that the requirements of pa~graphs Co), (d), and (i) have been met. Homestead treatment must be afforded to units occupied by members of the coop- erative association and the units must be assessed as provided in subdivision 3, pro- v~ded that any unit not so occupied shall be classified and assessed pursuant to the appropriate class. No more than three acres of land may, for assessment purposes, be included with each dwelling unit that qualifies for homestead treatment under this sub- division. Subd. 7. Le~ed buildings or land. For pu~ases of class I determinations, home* steads include: · (a) buildings and appurtenances owned and used by the occupant as a permanent residence which are located upon land the title to which is vested in a person or entity other than the occupant; (b) all buildings and appurtenances located upon land owned by the occupant and used for the purposes of a homestead together' with the land upon which they are located, if all of the following criteria are met~ _ 1097 (1) the occupant is (2) the occupant is a~tinst the property, (3) the occupant !~ and appurtenances; · (4) the term of the (5) the occupant h~ Any taxpayer mee county assessor, or the section 2?3.063, in wri oceupyin~ the buildin~ Subd. 8. Ho~ ily farm corporation a~ lb under ~'ction 273.1~ homestead occupied by actively engaged in fm Homestead treatment a potation or parm~hip corporation' and ~fnmi the number of allowat exceed 12. (b) In addition tO~l by corporatious or part~ tural land and occupie, ended in farming on as class 2a property or ~raph (b), but the prol~ land surrounding the h( the use of the dwellin~ be located on it. Subd. 9. used for the purpose ol the purpose of a home Any taxpayer mm a~sor, or the ~ 2?3.063, in writing; pri this ~ubdivision. The that is partially homes~ stead by Sune 1 of a ye The county assess~ their a~mment and ta If homestead classi will clarify the proper payable in the followinl this subdivision, which entitled to receive horn( 375.192. The county asses~ county no later than $~ ment to file an applica~ Subd. 10. Real chased for occupancy chaser is prevented fmr by re, on of federal or ~OM by and between the ¢£ty os Co1~ Height- County Community Aution Pro, ram, Inc. curVorn=ion ("D~veloper") · (,city.) ;" Minmaota nonp~o~it W~TNESSETHt W~T~Fm~, th~ Developer i~ ~he owner o~ 2~-unit a~artment Mi~, ao=~ , which h~ u legal dosuriD=ion o~ ~CS 12, 13 ~d 14, Block 62, .,Colu~ia Hsi~h~ ~e~ to Mi~ea~lis, ~o~ Mi~u~o=P", ~km Coun~, WgHREAS, the Developer i, nonprofit corporation with a purpose cz providing a~fo=~lo housing =o low to modo~au,. pe~OO~S in Anok= County, Minn=aota. elderly personm liv£ng within ch, ci=y float have low to income- that need ~ood affor~abl~ housing. WHEREAS, Mince ~0=, ~taCut¢ section 973.12%(6) provide~ that Minnesotm nonprofit eo~Doration can receive homestea6 tax treatment £or a property that h~ luaeuhold cooperative established. The Developer i ~em~%ing to obtain homestead wE~, Minnesota Sta~u~ Section 9~.124(6)(J) providee th~ governing bo~y of the mun~cipalitY in which the pro~er=y located must hold ~ Dublic hea~ing and make certain Zin~inge. ~, =h~ City ha~ agr,ed ~haC it will make thoue finding~ purau~nt to ~h,. AtatUte i~ the Developer agree, to the 1. Thac the Developer will limit th~ housing within ]~tild£n~ to ,en£oxa an~ di,,nbla615o~oonu. 2. Tha~ ~h~Developer will giv, ,, ~igh~ el zirst ~efusal to Ch~ ooopera~ivem~mbcr~ to pur~h~ th( bu£lmin~ t= price on ~nven£ent That the Dovuloper will make lmprovomunu~ orr educe with th~ meals' t~at it is -avlng by receiving the NOW, ~g~R.~, in consideration o~ the mutual covenants expre~ ed heroin, it i hcrObY agree~ u. ~ollowo~ TO ~7~2~01 P. 03 ~dl~, 6U~ & ST~'FEN LRiJ + 78347~ NO. 45E PB~3 That the Developer and the City a~ree that the current rmeldents o! the building shall be allowed to stay and become ~emhars of the cooperative. That .future men, ers o£ the cooperatAvs should Be limit®d to a group consisting c£ any ~ereon ~ver thm age of S0 and/or any person with a physical disability. That the meveloper shall, as part ~£ the ~mmtar ~ease with She cooperative association, enter into an agreement with the coopazaciv~ assoc~a~lon &ll~wA~ ~ ~he purchase o~ the property by the coo~era~ive unda~ the For ~he sum e~ the Developer's oos~ ~o purchase the property, plus the essa o£ improvemen~m to the prol~.r~¥, plu~ other cash deficits £unded by the Developer, lees camh withdrawn by the Developer. That the Developer agrees that th~ savin~ garnered ~y the receipt o£ homestead ~ax treatmen~ o£ ~hAs prc~ez~y shall be ussd Co ~e ~m~ovmmex~s on the p~opert¥ or reduce rents, and co keep the ~opertymaintained in a high standard. Upon the w~l~enrequss~ o~ ~he City, the Developer will apply ~hs tax ~avi~gs as fOllOWS: ~1£Cy percent ~SO%) to previdir~ additional Eunda for rezovation and fif~ypercen[ (SO~) ~o reducing the rent cE qualified seniors and disabled residents. Thin A~reeu~m2 shell be binding on the successors and aomig~m ~hm p&r~lee. of ___, 2994. i ATTeSTs ~lty Clerk CITY: CITY OF COL~]MBIA HEIGHTS ACTZON PROGRAM, XNC. Ztm: i Mar .~, 1994 l~:08PM ! u ~8~2801 ~TAT~ OF MINN~S0TA ) ) 3. COUNTY OF ) The foregoing instrument wa~ acknowledged before m~ thL day o~ _, 199.', by ~a , ~he ~yo~ and ~i~Y Clo~ 0~ ~h( Oi~y o~ be~lf ot th( .......... . . · ~TATE OF MINNESOTA ) ) as COUNTY0~ ) The ~orego£ng instrument was ackn~wledgodbofore me this day of , 1994, by _. ~h~ O~ A~oka CoLu%~y C~mm~ni~¥ Action Progmam, in~., ~ the co~ation. Nota~ gubl~u THIS INgT~UMBNT WAS D~D BY: BARNA, G~ZY & STEF~, LTD. (CMS) 400 N~thtown Fi~nci~l 200 ~n ~agi~ ~uleva=~ M~a~lis, FROM TO 9~22801 P.05 THEATER HEZGHTS 3932 COFTRALAVB IFFICT Or TAX CL~SXFXCATXO~I 2994 AlSeSaed Value of building Budget £oz planned renovetion IMxinua increase in budget possible Mew renovation budget with homestead taxation REolanation of tax i&vin~s: 1994 estimated taxel payable 1994 eltimted ~&xel p&¥1LbXe homestead Tax Savi~gs realized Less additionaX pertinent to City Hot reduction in taXel AYailab2e £or dol~k lervXce (dibs coverege 1.15) Additional debt possible with reduced taxes Additional debt possible and AdditioGal reduced re~t for seniors and disabled $328,200.00 $150,000.00 $ S0,000,00 $200,000.00 11,421.67 4.278~0o 7,143.67 5,733.45 4,985.00 49,850.00 27,940.00 2,520.00 ANOKA COUNTY COMMUNITY ACTION PROGRAiVi, INC. 201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TrY 783.4724 Theater Heights 3932 Central Avenue NE Columbia Heights, MN Proposed Funding Plan May 9, 1994 Expenses Acquisition Basic/Minimum Rehabilitation Recommended Additions Contingency CITY OF COL'L: ...... ' _' ;'rS $337,000 150,000 45,000 5,000 $537,000 Revenue HUD Rental Rehabilitation Grant Loan MFFIA Housing Trust Fund Loan Federal Home Loan Bank Board Loan Anoka County CDBG Loan ACCAP Investment MHFA End Loan TOTAL $ 75,000 50,000 75,000 185,000 22,000 130,000 $537,000 This report is based on our investment of ail leasehold cooperative tax savings into proposed building improvements. AN EQUAL OPPORTUNITY EMPLOYER 1201 89th Avenue NE Suite 345 Blaine, MN 55434 Phone 783-4747 · FAX 783-4700 TTY 783-472 RENT STRUCTURE Theater Heights 3932 Central Avenue NE Columbia Heights, MN May 9, 1994 RENTS WITH NO RENT ORIGINAL REDUCTION RENT WITH RENTS AS FROM $2520.00 RENT BUILDING LEASEHOLD REDUCTION PROPOSED WAS COOPERATIVE FROM TAX RENTS PURCHASED TAX SAVINGS SAVINGS 1 BR Unit 375 280 280 Efficiency 300 255 255 1 BR unit, low 375 280 260 income elderly/disabled Efficiency, low 300 255 235 income elderly/disabled AN EQUAL OPPORTUNITY EMPLOYER TO 97B22B01 P.~, CITY OF COLUMBIA HEIGHTS · .' .... '~ ........ ~ ~ Ave:'~l,~i ' ' '"'~""'-'"'"'"'"'"'-' .......... :~G~I~) 7~m. qoo~ - '-' ............ ! I /"~' "SERVICE IS OUR BUSINESS" ~932 Central Av.. 35 30 24 41 0073 T~xes Payablu 1992 $ 5,902,q6 SCHOOL 2,601.~6 COUNTY 1,992.43 CITY 11,138.~9 TOTAL The above estimated taxes payab1~ Taxes Payable In 1993 end 1994 ire Title 11 ~s_t_lm~t,ed' ~yabl,_ 19~4 Tax $ 6,070.95 2,62~.53 2,25q,72 11,~21.G7 In 1994 are based on e value of $328,200 of which $282,600 is at Title II rate and/'~qS,600 ls at apartment rate, If the value of $328,200 was t~xed at the apartment rate, the £STIHAT£D tax payable In 1994 would be: SCHOOL $ 7,263.29 COUNTY CITY 2,697,54 TOTAL 13~664.89 ESTIHATED If th~- wluL of $328,200 was taxed at the homesteaded v~lu, because of each of the units me: the quallflcatlon of cooperative membership and Income, th~ ESTIMATED t~ payable would be $h,278. Other Tltlu II propertle. In thls City are: The Boulev,~rd~ Royc~ Place, Heights Manner, and Peters Place . KEXGHTS AVE BuildAng'e CbA~&c~erLet~cez Date Butltz Number of Unites Gross building: OnsAte parkings 1959 (35 years old) 22, Xl e£ficieacies and XX one bedrooms 16,600 SY 12 uncovered off street back. Renovation Scope, Replace roof Clean and tuckpoint brick, repair stucco Replace concrete stair entry Overlay parking lot with 2" of asphalt Repair retaining walls Add landscaping Build trash duuoster enclosure Provide mini blinds throughout Replace appliances as necessar~ Replace floor coverings ae necessary Repaint and decorate all units and hallways Repair bathroo~ tile and tub enclosures Up,Late pltuabing0 electrical, and heating Install new fire rated ttuit entry doors Additions~ Xns2all longer life roof Replace retaining walls, not repair Construct concrete block dumpster mmclosura Modify lower level to be wheel chair accessible and add an o£fice/meeting teen Replace all appliances and floor coverings RepXace aXX countertops and ~iCchen s~uke Refinish cabinets Install bathroom exlmuat fane to vent moisture ~M TO 97822801 P. OB THEATER HEIGHTS 3932 ~ENTHAL ~VE EFFECT OP TAx CLASSIFI~ATION OT~ER CALCULATIONS AND ASSUMPTIONS Raduction in rent 1,~ caretaker o~ $120 Net [ncrua ~e in NOI $ 5,733.45 ~ll 2~20.00 $ 3,213.3~ $ 27,940.00 Rent =eduction o~ $10 per unit x 12 month~ x ~1 units - no re~t =eduction ~o= =u~idunt manager's unit $ 2,S20.00 intoru~t ratu 8~ amortization 20 ¥, 6eb~ cove=age 1.15 or 9~ o= 25 y~a=~ : -! J i ) II. COUR~Y O~ ANOEA ) £ollow.: ("ACCA;") · xJ~u~sota Statutew ~eot~on 373.~3~, ~ubd. em(a). 3. Th~C ACCA~ hms p~ol~u&'C¥ loc&Ced mt 3932 Contzr&L Avenue, Columbia He~ghts, M~nnesota. 4. That &CCAP ham appl%ed to both the County of AnO~a and ~he C~t¥ o~ Co2umb%& Ko,ghee purluant to Hi~elota Statu~e8 ~ction 2'73.~24, s~. ~ E~r homestead trmmt~nt ~ ~to D~o~sed leasehold lubd.~ ~a(a), ACCAP 8~a~el and represents to the Anoka County AC~orne~ and to the City Council for the city o£ Columbia He£ght$ ~ection 273.~24, lu~. 6, 6. ThaC ACCAP will eo~ply wXth the requirements of this statute by Caking the ~Ollowing aoCioni; ~¥ execut%ng the 20-year ~eaoehold cooperat2ve lease which hal been prepared byACCAP'I ooun~e[ and approved as Co £o~m by b~ch the leeks C~ounty Atto~'r~¥ and the Attorney for the C~ty o~ ColumbXa He,ghee. pe~e~t o~ t~ Area wdi~ ~ww A~o aw detemined by the ~i~ed states 8~..~m~ o~ x~wL~ ~d ~ban ~velopMn~ ~er ~c~on 142 (d) (~) (B) O~ ~he n~onue ~de o~ lOBS, aw ~n~d c~gh ~oe~er Xn the rehabilitation o£ the propex~cy, ACCAPvXllreceive houaLng program funds provided by tl~ Minnslota Housing F~nance Agency for tbs rehabilitation of thLs 22-unit building. l~f If '1 TO 9782280i NO.4S~ P~3~ YOUR AFFIANT ~YETH NOT. and sworn to befor~ m~ day O~ _ =, 1994. Notar~ Public T~r~TER HEIGHTS 3932 CENTRAL AVE EFFECT OF TAX CLASSIFICATION OTHER CALCULATIONS AND ASSUMPTIONS Increased renovation and rent reduction= Net reduction in taxes Reduction in rent less caretaker of $120 Net increase in NOI Additional debt possible $ 5,733.45 $ 2,520.00 $ 3,213.35 $ 27,940.00 Rent reduction of $10 per unit x 12 months x 21 units - no rent reduction for resident manager's unit $ 2,520.00 Debt assumptions: interest rate amortization debt coverage 8% or 20 years or 25 years 1.15 T~n~ ~TE R HEIGHTS 3932 CENTRAL AVE EFFECT OF TAX CLASSIFICATION 1994 Assessed Value of building Budget for pl-n~ed renovation M~ximum increase in budget possible New renovation budget with homestead taxation ExDlanatio~ of tax 1994 estimated taxes payablD 1994 est/mated taxes payable homestead Tax savings realized 'Less additional payment to City Net reduction ~n taxes Available ~or debt service (debt coverage 1.15) Additional debt possibl~ with reduced taxes or Additional debt possible and Additional reduced rent for seniors and disabled $328,200.00 $150,000.00 $ ...50,000,00 $200,000.00 $ 11,421.67 .$. 4,278.00 $ 7,143.67 1,410.21 $ 5,733.45 $ 4,985.00 $ 49,850.00 $ 27,940.00 $ 2,520.00 Tm~TER HEIC.~TS ~932 CEHTR~ AVE Bui. ldinq' s Characteristic Date Built: ~,mBer of Units: Gross building: Onsite parking: Description: 1959 (35 years old) 22, 11 efficiencies and il one bedrooms 16,600 SF 12 uncovered off street 2 1/2 story walkup, brick face, stucco sides and back. Renovation Scope: Replace roof Clean and tuckpoint brick, repair stucco Replace concrete stair entry Overlay parking lot with 2' of asphalt Repair retaining walls Add landscaping Build trash d-~ster enclosure Provide mini blinds throughout Re~lace appliances as necessary P~place floor coverings as necessary Repaint and decorate all units and h~llways Repair bath~oam tile ~-d tub enclosures Update pl-mhing, electrical, and heating Install new fire rated unit entry doors Additions: Install longer life roof Replace retaining walls, not repair Construct concrete block dumpster enclosure Modify lower level to be wheel chair accessible and add an'office/meeting room Replace all appliances and floor coverings Replace all countertops ~-d kitchen sinks Refinish cabinets Install bathroom exhaust fans to vent moisture · CITY OF COLUMBIA HEIGHTS "SERVICE IS Om B~INESS' 2-7--.94 3332 Central Ave. 35 30 24 41 0073 Taxes Payable 1333 $ 5,902.46 SCHOOL 2,601.46 COUNTY 1,99~.43 CITY 11,138.49 TOTAL Taxes Payable in 1993 and 1994 are Title II 'E~tlmated Payable 1994 Tax $ 6,070.95 2,624.53 2,254.72 11,421.67 The above estimated taxes 'payable in 1994 are based on e value of $328,200 of which $282,600 is at Title II rate and~5,600 is at apartment rate. If the value of $328,200 was taxed at the apartment rate, the ESTIHATED tax payable in 1994 would be: SCHOOL $ 7,263.29 COUNTY 3,149.O0 CITY 2,6~7.54 TOTAL 13,664.89 ESTIMATED If the value of $328,200 was taxed at the homesteaded value because of each of the _.units.met the qualification of cooperative membership and i.ncome, the ESTIMATED tax payable would be $4,278. Other Title il properties in this City are: The Boulevard, Royce Place, Heights Mannor, and Peters Place . ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 69th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TTY 783-472~ February 17, 1994 Patrick Hentges City of Columbia Heights 590 40th Ave Columbia Heights, Mn 55421-3978 re: 3932 Central Ave (Theater Heights) MANAGER CiTY OF COLUMSlA i.E. IGHTS Dear Mr. Hentges Enclosed are financial projections that reflect the alternatives I presented to the Council. I used your real estate tax figures which I agree with even though your tax figures reflect less of savings than I roughly estimated. The savings generated from the leasehold cooperative ~after paying the City $442.82 in lost revenue permits ACCAP to reduce rents on average by $10 per unit and increase the scope of the renovation $30,000. Or as certain members of the Council seemed to want the renovation could be in_creased $50,000 if no further rent reduction is passed on. ~ If the Council makes a positive factual finding we would agree to fund a $174,000 to $194,000 (depending on the rent level alternative used) renovation verses the $150,000 we had otherwise planned. A lot can be done with $30,000. Especially when all the basics will be taken care of with the funds already co~,m~tted. There is never enough money in a construction project. Additionally ACCAP would agree to sell t~ebuilding to the cooperative Jar our cost plus any additional capital /nvested to fund negative cash flow or additional improvements less any cash withdrawn. In other words, no escalator for inflation or appreciation. This language will be put in the Master Lease as the Cooperative's buyout price. ,, // son _ _ ~-Houm~i~ Development Specialist Please giveme call if you think of anything else I can provide. As I discussed at the meeting this project goes through regardless of the Council's willingness to contribute by making a positive factual finding that the tax savings will be used to reduce rents or provide for additional renovation. I We agree that new residents language should be added to the Master Lease requiring to be seniors or disabled. o~ o~o o~ 44,44-44-44, o o c ~ LERGUE OF MN CITIES TEL:612-490-O072 .eague of Minnesota Cities ~490 Tm~..utoa Avea~ Nof~ Mag 10 9~ 15:~2 No.O09 P.02 May 10, 1994 I~ROM: ?amWhtch Received WDE Landfill Settlement Offers nik, Sr. Intergovernmental Relations Representative Deadline for WI)It Settlement -- Bxtension Until June 15, 1994. Because tho legislature passed the landfill cleanup bill (H.F;3086), thc law firm representing the WDI~ Group has granted a blanket extension until Juno 15, 1994, to all recipients of their effort of settlement dated in mid-April. Cons~uently. do not pay. by the May deadline speclfl~l in your city's lettG~. Because the bill is quite complicated, particularly where reimbursement for these payments is concerned, any payment which is tendered to the WDB Oroup may not bo paid back by the state for five or six years. Given the circumstances, it is our strong advice to wait for further information prior to making any settlement decision. Because our fax capability does not yet fully extend to your city attorney, we urge you to consult them regarding this matter. Please contact mo ff you have any questions. JJJ:mjd LT'RGUE"OF MN cITIES .......TE'[':61~-490:'0072 League of Minnesota Citie~ ~ IN~O ~ Av~nm North May 2, 1994 FROM: M~-'OT"~I ...... T6-rt2 No.018 P.01 Sr. ~[ntergovommental Relations Representative ~-, LandfLll Cleanup .- WDE Letters ~ As anticipated, attorneys representing companies that are Cleaning up the WDI~ landfill located in Andover, Minnesota, have started the "cost-recovery. portion of the Suporfund litigation by sending offers of settlement to companies and cities which they claim disposed of waste at tho WD~ landfill. If your city has been notified of this action by letter from the Gray, Plant, Mooty, Mooty & Bennett law £mn, please let me know u soon as possib!~,:, This issue is currently being considered by a legislative conference committee (meeting this week on H.P.3086). We hope to help draft the legislation in such a way as to eliminate this particular cost-recovery action and other Superfund claims. Also, since the Legislature will be deciding this issue in the next few days, please contact your legislator ~ if your city has received this letter and ask them to strongly support passage of }I./:.3086 with language sufficient to end this legal form of cxtonion. Finally, I would advise against making any payments to the trust until the legislature acts later this week.. Thank you for your prompt mqxm~. JJJ:mjd Fridley Chamber of Commerce %m 6401 University Avenue N.E. Fridley, MN 55432 (612) 571-9781 April 7, 1994 Patrick Hentges City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 aPR 1 1 1994 CI]')' OF C:OL',JII4BIA HEN~TS Dear Patrick, As ¥ou know, the Fridley Chamber of Commerce bas qrouped together with other chambers and business organizations in our area to form the Business Landfill Coalition. This coalition has been dedicated to obtaining meaningful legislation passed concerning the cleanup of landfills in Minnesota. The Business Landfill Coalition is requesting a $500.00 donation from your city to be applied toward the coalition. Other public entities that have contributed or plan to contribute include: the City of Blaine, City of Ham Lake, City of Mounds View City of New Brighton, City of Anoka, and the City of Andover. The coalition was established to fund lobbying efforts for alternatives to the Superfund Cleanup. All money raised will go and is going toward paying our lobbyist, North State Advisors. To date, we have raised close to $17,000.00 of the $20,000.00 needed to fill our commitment to North State Advisors. This effort was established in response to the Oak Grove cleanup. Many business establishments in the Columbia Heights Area have been impacted as was th~ C~ty._of Columbia Heiqhts,~by the situation in Oak Grove. To date, over 140 businesses and public entities have sent in money in response to this issue. If ¥ou have any questions concerning this issue, please feel free to contact me at 571-9781. Thank you. Most Sincere~j~~ / ~eicdul~.Ylv?/D~.br~crtoOrf Commerce 3400 CITY C~NTER THIRTY THRI~ SOUTH SIXTH ~ MINNF~, kONNE~ 55402-3?96 TELEPHONE 612 · 343 · 28OO FRANK W .LANT. JR. RICH^RD ^. MOORE..~R F~%X 6]2 · 333 · 0066 JOHN W MOOTY WILLIAM L KILLION MELVIN R MOOTY ELIZABETH W NORTON RUSSELL M BENNETT JUDITH BEVIS I.ANGEVIN T~VX 9]0 · 576 · 27~8 CLIIITON A ~::HROEDER JOHN E. laROWER C. BLAINE HARSTAD THOMAS DARLING VIRGINIA ~ e'CHUBERT EDVlARD J CALLAHAN. JR. JOHN M NICHOLS GEORGE R. WOOD JAMES S $1MONSON BARBARA R. HAUSER GAYLEN L KNACK RIC ~ARD N. FLINT ALAN T. HELD JEFFREY C. ANDERSON MACLAY R HYDE DAVID N MOOTY AMY J. KLOBUCHAR IIRLICE O. GRUSSlNG RICHARD A HACKETT TAMARA HJELLE OLDEN C. STEVEN WILSON WILLIAM D KLEIN Jo. N s~ C~UCH S-SAN L SEGAL DIRECT DIAL: 3 4 3 -- 2 8 6 6 J. FFREY O. F,CK I}A%ID T. BENNETT NICHOLAS N. NIERENGARTEN NANCY ROETMAN MENZEL QUENTIN R. WITTROCK NOI[L P. MULLER KATHLEEN S TILLOTSON aprxx , GRAY, PLANT, MOOTY, MOOTY 6f BENNETt, P.A. Cc. OF COUNSEL D. JAMES N'ELSEN ROBERT A ~TEIN PAUL R. MOOTY City of Columbia HeiGhts City Offices 590 40th Avenue N.E. Columbia Heights, MN 55421 RE: Waste Disposal Engineering (WDE) Site, Andover, MN Cost-Recovery Litigation - Offer of Settlement City of Columbia Heights Dear Sir/Madam: Our firm has been retained as litigation counsel by the Waste Disposal EnGineering (WDE) Group. The WDE Group is comprised of various companies which are taking the lead in implementing and funding cleanup of the WDE landfill located in Andover, Minnesota. We have confirmed that waste generated by your company was disposed of at the WDE landfill, and consequently, your company is liable for part of the cleanup costs. This letter will serve as notice that the WDE PRP Group intends to pursue your company for recovery of the costs associated with cleaning up the landfill. Certain members of the WDE PRP Group have elected not to pursue their claims against your company. They have assigned their claims to the Group and consequently will not share in any recovered proceeds. The claims assigned by these group members will be fully and finally resolved as a result of a settlement with the Group. As explained in greater detail below, your company's share of liability for the cleanup of the WDE Site is $2,500.00. In order to avoid the costs of litigation, the Group has authorized us to make a one-time settlement offer to your company in the amount of $2,000.00. This offer will only remain open until Friday, May 13, 1994, after which the Group will insist on full payment of your share, together with all other amounts which are recoverable under law. The early settlement offer is intended to promote prompt settlement. You should consider the following information in deciding whether it is in your company's interest to settle with the WDE Group. City of Columbia Heights City Offices Page 2. April 15, 1994 I. The WDE Site. The WDE Site is located in Andover, Anoka County, Minnesota in the southeast quadrant of the intersection of County Road 16 and Crosstown Boulevard. Landfilling operations were conducted at the Site from the 1960s to around 1984. Industrial, commercial and residential waste were all accepted for disposal at the Site. In September of 1983, U.S. EPA placed the WDE Site on the National Priorities List, a list of sites representing the most serious threat to human health and the environment. Members of the WDE Group then funded a remedial investigation of the Site under a Consent Order entered into with the Minnesota Pollution Control Agency (MPCA). This investigation revealed the presence of hazardous substances at the Site, including several volatile organic compounds (VOCs) such as methylene chloride, 1,1,2-dichloroethylene, 1,1,1-trichloroethane, tetrahydrofuran, methyl ethyl ketone, benzene, xylene, vinyl chloride and 1,1,2-trichloroethylene. Several other hazardous substances such as semi-VOCs, including polynuclear aromatic hydrocarbons (PAHs), and thirty-two (32) heavy metals were also found in the soil and groundwater. The presence of these hazardous substances is consistent with the use of the Site as a mixed industrial, commercial and municipal landfill, and resulted from receiving waste generated from a variety of sources, including manufacturing, construction and demolition, printing, dry cleaning, automotive repairs, oil re-refining, and solid waste containing hazardous substances. In December, 1987 U.S. EPA issued a Record of Decision (ROD) setting forth the cleanup actions required for the Sit~, including construction of a landfill cap, and groundwater extraction/treatment system. The WDE Group is currently fronting the costs of implementing the ROD remedy. Documents containing detailed information regarding the operation and use of the Site, the contamination which is present, and the remedy which is being implemented to clean up the contamination are available to the public for review at the following location: Anoka County Community Health and Environmental Services Anoka County Government Center Room 360 2100 Third Avenue Anoka, Minnesota 55304 As an alternative, the Group has prepared a packet of selected documents summarizing this information. This packet consists of Agency background information, U.S. EPA's Record of Decision, the Consent Decrees with the MPCA and U.S. EPA, and U.S. EPA's Unilateral Administrative Order. This package may be purchased from us for a cost of $18.20 (our reproduction and postage costs). II. Costs of the Cleanup. The total cleanup cost which the Group seeks to recover is ' City of Columbia Heights City Offices Page 3. April 15, 1994 approximately $24,210,000. These costs are identified in Exhibit 1 to this letter and are briefly summarized below. Remedial Investigation/Feasib%lity Study (RI/FS) costs relate to a study performed at Group expense in the mid-1980s. This study served as the basis for U.S. EPA's ultimate ROD relating to the appropriate cleanup activities at the Site. Remedial Design/Remedial Action (RD/RA) costs relate to the actual remedial activities at the Site. In addition, past and future operation and maintenance costs relating to on-going remedial activities are separately itemized. Access costs refer to amounts paid to third-parties for access to the Site to implement remedial measures. Administrative costs include such things as fees and expenses incurred in negotiating with U.S. EPA, MPCA and others over the appropriate nature, scope, and extent of remedial activities, and funding of those activities. It also includes financial management, accounting fees and other costs neccessary to implement remediation. U.S. EPA incurred various costs relating to the site investigation and cleanup effort. Subsequently, U.S. EPA asserted a claim against members of the Group to recover those costs as well as future administrative costs. Thereafter, members of the Group entered into a Consent Decree with U.S. EPA by which the Group has paid $555,135 in past costs and is obligated to pay approximately $1,257,846 in future costs to U.S. EPA. II. Basis For Your Company's Liability. A. Discovery of New Information. In early 1993, the Group gained access to previously unavailable documents which present a comprehensive picture of the parties who contributed waste to the WDE Site. These documents include (but are not limited to) landfill tickets prepared by the owner/operator of the site and invoices to customers from the waste haulers associated with the Site. These records provide documentary evidence of disposal of your company's waste at the WDE Site This voluminous information was not available to the U.S. EPA, MP~A or the Group at the time these parties initially evaluated liability for cleanup costs. Therefore, it is erroneous to assume that because you have not been previously contacted by U.S. EPA, the MPCA or the Group that you have no responsibility for cleanup of the Site. B. Triqger of Liability. As a user of the Site, your company is a ,'responsible person" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or federal Superfund), 42 U.S.C. Sections 9601-9675, as amended, as a person who "arranged for disposal" of hazardous substances. 42 U.S.C.A. Section 9607(a) (3). Your company City of Columbia Heights City Offices Page 4. April 15, 1994 is also liable as a responsible person under the Minnesota Environmental Response and Liability Act (MERLA or Minnesota Superfund), Minn. Stat. Sections l15B.01-115B.36. You should be aware that Superfund liability is triggered by the release or even the threatened release of hazardous substances, not just hazardous waste. Many people mistakenly assume that their wastes were not hazardous and consequently they have no liability. To the contrary, many types of wastes erroneously thought to be innocuous contain hazardous substances. By way of example, many types of office supplies, paints and paint products, cleaners, batteries, waxes, polishes, adhesives, caulking compounds, de,teasers, electrical equipment and components, fertilizers, pesticides, herbicides, solvents, and lubricants/oils contain hazardous substances. The presence of even small amounts of hazardous substances can trigger liability. C. Nature of Liability. Liability under federal Superfund, as well as under the Minnesota Superfund is retroactive, strict, and joint and several. summarize, this means: To 1. Retroactive Liability. Superfund applies retroactively to impose liability for generation and disposal of wastes containing hazardous substances at any time the WDE Site was in operation. The fact that disposal may have taken place many years ago and before passage of the federal and Minnesota Superfund legislation is irrelevant. 2. Strict Liability. There may be liability under Superfund regardless of fault. It is not necessary that your company intended to cause pollution, or even that it acted wrongfully or negligently. For instance, even if your company was in compliance with then-existing statutes, regulations and ordinances governing the disposal of wastes, if your company's waste contains hazardous substances and these wastes are present at the Site, liability will be imposed under Superfund. 3. Joint and Several Liability. Liability under Superfund is joint and several. This means your company may be compelled to pay the entire cost of cleanup, regardless of the relative volume or toxicity of the waste your company sent to the Site. As a result, your company is liable not only for its share of responsibility, but, ~n addition, it may have to pay all or part of the costs resulting from the insolvency or unavailability of other responsible parties. In addition, if liability is established, the Group is entitled to recover its attorneys' fees and costs in pursuing your company. See,' ~.q., Gopher 0il Co. v. Union 0il Co., 955 F.2d 519 (8th Cir. 1992). The above identification of claims is without prejudice to any other claims the WDE Group may have against your company. For example, your company may be liable under other federal and Minnesota Citf of Columbia Heights City Offices Page 5. April 15, 1994 statutes, and the common law. To the extent that notice is required under CERCLA, this letter shall serve as formal notice. IV. Commencement of Litigation. After the settlement period has expired, the WDE Group will commence litigation by filing and serving a formal complaint in federal court. Your company will then have twenty (20) days to serve an answer or otherwise respond to the complaint. Your company will also be required to respond to a comprehensive set of discovery requests which will be served along with the complaint. These discovery requests will require complete and thorough disclosure of information relating to your business operations, f~nancial condition, corporate structure, and waste disposal practices. V. Settlement Offer. As indicated above, the Group recently obtained heretofore unavailable documentation which demonstrates that many entities contributed waste to the WDE Site. Information regarding the volume and description of the waste generated by your company and others has been compiled and analyzed. A summary of your company's waste associated with the WDE Site is attached as Exhibit B to the Confidential WDE Site Settlement Agreement which accompanies this letter. We have calculated your company's liability to be $2,500.00. However, in the interest of promoting early settlement, we have been authorized to offer you a settlement of $2,000.00. This figure represents a 20% discount of your company's actual liability and will remain open until the close of business on Friday, May 13, 1994. In exchange for your payment, the WDE PRP Group is prepared to provide your company a number of commitments designed to fully resolve your company's current liability relating to the Site. These are spelled out in detail in the settlement agreement which is enclosed herewith. To summarize, the WDE PRP Group will provide you with the following: A. Covenant Not-To-Sue. A covenant by the WDE PRP Group and its constituent mem~_ers not to sue your company for the costs fronted by the Group to clean up the WDE Site and the administrative costs paid by the Group to the U.S. EPA and the MPCA. B. Defense, Indemnity and Hold Harmless. A commitment by the WDE PRP Group to defend and indemnify your company in the event that the Group sues non-settlers and those non-settlers attempt to bring your company into the litigation, or if' the U.S. EPA or MPCA assert claims against your company for their unreimbursed administrative costs. C. Petition for Order Barring Claims. · Citg of Columbia Heights City Offices Page 6. April 15, 1994 A commitment by the WDE PRP Group that if it commences litigation, it will petition the Court for an order barring any claims against your company by non-settlers. If this relief is granted, it will provide an additional layer of protection for your company. As the above synopsis makes clear, there are significant advantages to settling with the Group which should be carefully considered in evaluating your course of action. Please read the enclosed Settlement Agreement carefully as it spells out the exact terms and conditions of settlement. VI. Procedure for Acceptance of Settlement Offer. In order to settle this case now, you must do the following: A. Forward your company's settlement check in the amount of $2,000.00. to the undersigned. Your check should be made payable to the "WDE Trust." B. Execute the Signature Page from the enclosed Settlement Agreement, and forward the Settlement Agreement and the Signature Page to the undersigned. Both your check and the Signature Page must be received by this office no later than the close of business on Friday, May 13, 1994. As soon as your check clears, we will return to you a Signature Page executed on behalf of the WDE PRP Group and its constituent members. Be advised that, as stated above, if payment and an executed Signature Page for the Settlement Agreement are not received by that date, the WDE PRP Group will insist on full payment of your company's liability (i.e., $2,500.00). If the matter goes to litigation, we will also seek an award of attorneys' fees and other costs permitted by law. Therefore, we strongly urge that you act promptly in considering this settlement offer. Please contact us at (612) 343-2866 if you have any questions. Very truly yours, GRAY, PLANT, MOOTY, /Nic;holas N. ~ier~arten Enclosures cc: WDE PRP Group Steering Committee (w/enc.) ~UMMA~Y OF WASTE DIgPOg~L EN~INEERINQ (WDE) (April 14, 1994) Remedial Investigation/Feasibility Study (RI/FS) Costs (Including interest) $3,128,009 II. Remedial Design/Remedial Action (RD/~A) Costs A® Construction Costs~ 1. Groundwater Pump 2. Groundwater Treatment 3. Groundwater Disposal 4. Multilayer Cap 5. Slurry Wall 6. Monitoring 7. Wetland Backfill $ 820,365 918,820 1,187,564 6,800,231 239,995 153,300 Subtotal B. Operation and Maintenance Costs C. Accumulated Interest $10,153,875 $6,128,584 $667,698 III. Access Costs $125,000 IV. Administrative Costs $2,194,048 Ve U.S. EPA Costs A. Past Costs B. ~utu~e costs TOTAL $555,135 $24,210,195 CONFIDENTIALz pREPARED FOR F.R.E. 408 SETTT.~W~NT PURPOSES ONLY 5074G ~,~_~'rD~.b-~TAL WDE STTE SE~w~T-~d~'uT B~EEIdlZHT This Confidential WDE Site Settlement Agreement ('Agreement') is made by and between Claimants, as hereinafter defined, and the party identified in the attached Signature Page ('Settler'). RECITALS NHEREA~, the Claimants have made certain hereinafter defined claims against Settler for costs incurred or to be incurred by the Claimants relating to the environmental investigation and remediation of the Waste Disposal Engineering Site, located in Andover, Anoka County, Minnesota, ("WDE Site")~ and WHEREAS, Settler denies that it has any liability to Claimants~ and WHEREAS, Claimants and Settler desire to settle, fully and completely, the claims between them as hereinafter specified~ and NHEREA~, to avoid the expense of litigation and to resolve, to the extent set forth herein, the claims between them relating to the WDE Site, Claimants and Settler enter into this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: The recitals set forth above are true and correct and hereby made a par~ of this Agreement. 2. Certa~nDeflned Terms. Each capitalized term used herein shall have the following meanings (and, as the context may require, such meanings shall be applicable to both the singular and plural form of the terms defined) z -~J~' means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. S 9601, et ~. #~" means the WDE PRP Group and the WDE PRP Group Members. 'Claimants' Claim" means, except as e~ressly limited in paragraph 4(c), any and all claims, demands, actions, causes of action, or suits in law or in equity, of whatsoever kind or nature, which could be asserted by Claimants, whether known or unknown, anticipated or unanticipated, expected or unexpected, for costs, damages or expenses which have been incurred or may be incurred in the future toward the investigation and remediation of the WDE Site, including, but not limited to claims under CERCLA, HERLA, MERAand the common law. 'Economic Loss ~laim' means any claim, demand, action or cause of action for economic loss, including but not limited any inJur~ to, destruction of, or loss of any real or personal proper~y, relocation costs, any loss of use of real or personal proper~y, any loss of past or future income or profits resulting -2- from injury to, destruction of, or loss of real or personal property without regard to ownership of the property. 'Ef[ect~ve Date' means the date on which the last party hereto executes this Agreement. '~RA' means the Minnesota Environmental Rights Act, Minn. Stat. S 116B.01 et ~,~. '~' means the Minnesota Environmental Response and Liability Act, Minn. Stat. 'Natural Resources D~mage Claim' means any claim by an Person or Entity for injury to, destruction of or loss of natural resources, including but not limited to claims based on CERCLA S 9607(a)(4)(C) and HERLA S 115B.04, subd. 1(c), claims for costs incurred by any natural resource trustee and costs for assessing any such injury. 'personal InJur~_ Clalm' means any claim, demand, action or cause of action for death, personal injury or disease, whether based on negligence, strict liability, abnormally dangerous activity or other law, for personal injury or bodily injury, including but not limited to claims for loss of past or future wages or income, loss of earning capacity, lost opportunity, medical expenses, rehabilitation costs, burial expenses, loss of consortium, emotional distress, fear of cancer or other maladies, increased risk, medical monitoring, pain and discomfort, or the costs of any health assessment or health effects study carried out under CERLCA ~ 9604(i) or other law. -3- 'Person or ~ntitv# means any natural person, firm, corporation, association, partnership, Joint venture, commercial entity, the United States Government (including the U.S. Environmental Protection Agency), the State of Minnesota (including the Minnesota Pollution Control Agency), municipality, commission or political subdivision of the State of Minnesota. 'Property Damage Claim" means any claim, demand, action or cause of action for property damage, whether based on negligence, strict liability, abnormally dangerous activity, riparian rights, nuisance, trespass, governmental action for property damage or other law, including but not limited to claims for dimunition in value, going concern value or lost opportunity. '~" means only the person or entity identified in the attached Signature Page and its officers, directors, and employees acting in their capacity as such. 'Settler's Claim' means, except as expressly limited in paragraph 4(c), below, any and all claims, demands, actions, causes of action, or suits in law or in e~uity, of whatsoever kind or nature, which could be asserted by Settler relating to the WDE Site, whether known or unknown, anticipated or unanticipated, expected or unexpected, for costs, damages or expenses which have been incurred or maybe incurred in the future toward the ~nvestigation and remediation of the WDE Site, including, but not limited to, claims under CERCLA, HERLA, MERA, and the common law. -4- 'WDE PRP GrouP" means the unincorporated association formed by the WDE PRP Group Members for the purpose of remediating the WDE Site. "WDE PRP Grou~ Members" means the constituent members of the WDE PRP Group identified in Exhibit A and their past, present and future officers, directors, attorneys, principals, agents, servants, representatives, employees, shareholders, parents, subsidiaries, affiliates, partners, predecessors, successors, trustees, insurers, indemnitees and assigns. "HD~" means the property located in the City of Andover, County of Anoka, State of Minnesota, previously owned by Wasteco, Inc. and located in Sections 27 and 34, Township 32 North, Range 24 West consisting of approximately 73 acres which was used as a landfill during the period from around 1963 through 1984. 3. Settlement Pa_vment. (a) amQunt and T~m~na. Settler shall pay to the WDE PRP Group the sum identified in the attached Signature Page ("Settlement Amount") simultaneous with the Settler's return of the Signature Page to the WDE PRP Group. (b) ?mss Than Full Com_oensation. The settlement payment b~ Settler set forth in paragraph 3(a), above, is not intended as full compensation for Claimants' Claim or other damages which it has sustained relating to the WDE Site. Claimants expressly reserves the -5- right to seek full compensation for their claimed damages against any other Person or Entity not a party to this Agreement. 4. Mutual Covenants Not-To-Sue. (a) Covenant Not-To-Sue B~Cla~mants. Claimants hereby covenant not to sue Settler for Claimants' Claim as defined above~ provided, however, that Claimants reserve the right to enforce the terms of this Agreement through any and all available means, including, without limitation, institution of legal proceedings. (b) Covenant Not-To-Sue B~ Settler. Settler hereby covenants not to sue Claimants for Settler's Claim as defined above~ provided, however, that Settler expressly reserves the right to enforce the terms of this Agreement through any and all available means, including, without limitation, institution of legal proceedings. (c) preservation of Claims/Reservation o~ Riahts. Notwithstanding anything to the contrary herein, the Mutual Covenants Not-To-Sue set forth above and the indemnity obligation set forth in paragraph 5 below do not pertain to matters other than those expressly specified therein. The parties reserve and this Agreement is without prejudice to all rights the parties may have against each other, or any other Person or Entity with respect to all other matters. Without in any way limiting the generality of the foregoing, the Mutual Covenants Not-To-Sue set forth above do not apply to the following~ -6- (i) Personal Injury Claims~ (ii) Property Damage Claims~ (iii) Natural Resource Damage Claims~ or (iv) Economic Loss Claims. 5. De~en~e and Indemnif~cation o~ Rettler. Upon receipt by the WDE PRP Group of the Settlement Amount referenced above, the WDE PRP Group agrees to indemnify, defend and hold harmless the Settler for all matters within the scope of the Covenant Not-To-Sue by Claimants, subject to the following terms= (a) Within thirty (30) days of receipt of written notice of any claim for which Settler may seek indemnification under this paragraph, Settler must provide written notice of that claim to Common Counsel identified in the Signature Page, attaching a true copy of any written notice of claim received by Settler~ (b) Settler must at its expense cooperate with Claimants and its designated counsel in the evaluation of and response to the claim, including without limitation (l) providing Claimants with information and copies of any documentation relating to the claim or the circumstances surrounding the claim~ (ii) providing information, documentation and copies of materials relating to the generation and disposal of waste during the period 1963 to 1985~ (iii) assisting in the preparation of answers to interrogatories~ and (iv) making past and present employees available for interview and deposition~ -7- (c) No defense or indemnification obligation exists or may be enforced hereunder if Settler settles the claim without the specific, prior written approval of Claimants; and (d) Claimants may, in their sole discretion, retain counsel to defend Settler. Rxclusions/Reo_oeners. Notwithstanding any other provision of this Agreement, the Covenant Not-To-Sue by Claimants in paragraph 4(a) and the Defense and Indemnification in paragraph 5, above, do not apply to Settler ifs (a) Information is discovered which indicates that Settler contributed waste to the WDE Site in an amount or composition materially greater or different than that described on Exhibit B; (b) Settler fails or refuses to make the payment required under paragraph 3(a) above, or otherwise breaches this Agreement; (c) Settler unreasonably fails or refuses to fully cooperate with Claimants in their efforts to pursue or defend any litigation relating to Claimants' Claim or Settler's Claim~ (d) The U.S. EPA or HPCAdirect or require remedial design or remedial activities for the WDE Site materially greater than or differentfrom U.S. EPA's Administrative Order relating to the WDE Site effective August 23, 1991. 7. Assionment of Settler's Claim. Settler hereby assigns to Claimants, Settler's Claim, -8- as defined above. The assignment of claims to Claimants contemplated by this paragraph specifically includes, but is not limited to, claims which could be asserted by Settler against Claimants. 8. Petition For Court Order Barring Cla4mR Against In the event that litigation is commenced relating to Claimants' Claim, then Claimants shall petition the Court for an order barring any claims for contribution, indemnification or other claims relating to Claimants' Claim against Settler. Settler shall Join in any such motion and certify to the Court that this Agreement was negotiated at arms-length and is a fair, Just and reasonable settlement. The parties expressly acknowledge that the Court may or may not grant the requested relief or grant less than full relief. If the Cour~ does not grant the requested relief or grants less than full relief, this Agreement shall nevertheless remain in full force and effect, and be binding and final as to the parties to the Agreement. 10. ~egresentations ~d Warranties by Settler. Settler has reviewed Exhibit B and represents and warrants that to the best of its knowledge, information and belief it is not aware of any wastes, other than those in Exhibit B, that went to the WDE Site. A breach of the representations and warranties in this paragraph is governed by paragraph 6(a) above. 11. No &~m{Ssion Of Fact or Liability. It is hereby specifically understood that by entering -9- into this Agreement, Claimants and Settler do not admit any liability of any sort and intend hereby merely to buy their peace. It ks further specificallyunderstood and agreed that this Agreement shall not be construed as an admission of fact or liability by the parties hereto, liability at all times having. been denied, and that this Agreement is entered into for the sole purpose of settling the dispute which exists between the parties hereto and may not be introduced as evidence or otherwise used for any purpose in litigation or administrative proceedings, except in litigation or proceedings brought to enforce the terms hereto. It is further understood and agreed that the parties hereto specifically reserve the right to advance every available claim or defense in the event that future disputes arise between them on any matter other than those addressed in this Agreement including, but not limited to, claims preserved in paragraph 4(c), above. 12. Confidentiality. Claimants and Settler agree that they will keep strictly confidential the terms herein including, but not limited to, the Settlement Amount paid in consideration for this Agreement and all correspondence between the parties relating to settlement, and will not disclose said terms to anyperson for any purpose, except solely as maybe necessar~to comply with auditing disclosure requirements, applicable tax or other laws, requests of or cooperation with insurers, and/or court or administrative orders. -10- 13. Govern~n~ T.nW and Construction. The validity, construction and enforceability of this Agreement shall be governed by the internal laws of the State of Minnesota, without giving effect to conflict of laws principles thereof. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under such applicable law, but, if any provision of this Agreement shall be held to be prohibited or invalid under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 14. Reliance on OwnAttorne~. In entering into this Agreement, Claimants and Settler represent that they have had full opportunity to retain the attorneys of their choice, and that they have read the terms of this Agreement and that those terms are fully understood and voluntarily accepted by them. The persons executing this Agreement on behalf of Claimants and Settler represent and warrant that they have the necessary authority to do so and to bind Claimant and Settler, respectively, to the terms hereof. 16. ~nature and Effectiveness o~ Agreement. This Agreement is not effective unless the Signature Page attached hereto is signed by both par~ies and all other -11- conditions precedent contained in this Agreement are satisfied. The Signature Page attached hereto is an integral part of this Agreement. 17. Modifications. No provision of this Agreement shall be modified or limited except by a written agreement expressly referring hereto and to the provisions so modified or limited and signed by Claimant and Settler. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 19. Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties hereto with respect to the subject matter hereof. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any persons other than the parties hereto any rights, remedies, obligations or liabilities hereunder or thereunder. 6812V -12- WDE SITE SETTLEMENT AGREEMENT SIGNATURE PAGE Name of Settling Party: City Offices City of Columbia Heights Settlement Amount: $2,000.00 The parties hereby agree to the terms and conditions contained in the Confidential WDE Site Settlement Agreement and to abide by the obligations and provisions set forth therein. The undersigned Settler hereby represents and warrants that he/she has been duly authorized to enter into this Agreement on behalf of the company, entity or person on whose behalf it is indicated that he/she is signing. ON BEHALF OF CLAIMANTS (WDE PRP GROUP AND WDE PRP GROUP MEMBERS): By: Margaret A. Coughlin, Its Common Counsel Dickinson, Wright, Moon, Van Dusen & Freeman One Detroit Center 500 Woodware Avenue, Suite 4000 Detroit, Michigan 48226 Phone: (313) 223-3758 ON BEHALF OF SETTLER: Name of Company Completing This Form if Different From Above Typed Name of Authorized Company Representative Signature of Authorized Company Representative Title: Contact Person or Representative for Future Correspondence, With Address Telephone Number Fax Number CONFIDENTIAL WDE SITE SETTLEMENT AGREEMENT WDE PRP Group Members~ American Can Company* BrantJen & Kluge, Inc.* Ceridian (formerly known as Control Data Corporation) Consolidated Container Corp. (including Dworsky Barrel Company)* Ecolab Inc. (formerlyknownas Economics Laboratory Inc.) Federal-Hoffman, Inc. (formerly known as Federal Cartridge Co.) FMC Corporation (including United Defense, Limited Partnership) Foley-Belsaw Company (formerly known as Foley Manufacturing Co.) Ford Motor Company G & K Services (formerly known as Gross Industrial Towel & Garment) The Gillette Company* The Glidden Company (also known as Glidden-Durkee)* H. B. Fuller Company* Honeywell, Inc. (including Alliant Techsystems, Inc.) IMI Cornelius Inc. (also known as The Cornelius Company) Land O' Lakes (successor in interest to Midland Cooperatives) Minco Products, Inc. Minnesota Mining and Manufacturing (3M) Mogul Corporation Northwest Airlines, Inc. *This Group Member has elected not to pursue its claims against Settler. This Group Member has assigned its claim to the WDE PRP Group, as they were contractually obligated to do, and consequently will not share in any recovered proceeds. The claims assigned by this Group Member will be fully and finally resolved as a result of this settlement. Onan Corp. Soo Line Railroad Company Thermo King Corp. Whirlpool Corporation* Whittaker Corporation Union Brass & Metal Mfg. Company* UniSource Worldwide, Inc. (formerly knownas Paper Corporation of America), a subsidiar~ of Alco Standard (indemnitor of Brown & Bigelow, Inc.) Unisys Corporation (formerly known as Sperry, Univac or Remington Rand) 5052G -2- CIT~ OF COLUMBIA H~OHTS TO: FROM: pATE: RE: PAT HENTGES, CITY MANAGER CAROLE BLOWERS, RECORDING SECRETARY TO THE CHARTER COMMIS- SION MAY 4, 1994 ORDINANCE NO. 1284, AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE BONDED DEBT AND DEBT LIMIT Please be advised that the Charter Commission on its April 21, 1994, meeting passed the above mentioned ordinance. cb Attachment OI~DI~CE NO. 2284 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 72, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate~ for new construction; for new equipment~ for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of a hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized bythe laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [1] held in a sinking fund maintained by the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and. operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public ~rainage ditches, or the acquisition~of lands, or for improvements of streets, parks, or other public i~o~ements, to the extent that they are payable from the prOceedS?~o~ assessments leV~ed upon property specially benefittedby such ditches or improvements, or [3] for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Before any bonds are sold, at least one week's published notice shall be given of a meeting of the city council to open and consider bids therefore. The time and place of said meeting shall be fixed and the newspaper in which the notice shall be published shall be designatedbya resolution duly passed, which may provide for additional notice. At the time and place so fixed, the bids shall be opened and the offer complying with the terms of such sale and deemed most favOrable shall be accepted; PROVIDED, that the council may reject any and all such offers and award said bonds to a more favorable bidder or upon like notice, it may invite other bids. Bids may be asked on the basis of a rate of interest specified in the proposals and on the net interest basis on which the bidder will pay par for the same. is herewith amended to read, Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterWorks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase ~r otherWise; for the acquisition or construction of street r~ilways, telegraph or telephone lines, or any other public convenience from which a revenue is. or may be derived; fo~ the creationorma~ntenance of a permanent improvement fund; for the purchase orerection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for ~he establishment and maintenance of a hospita%s, schools, libraries, mUseums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and Parks and parkways and play grounds; for changing, Contro11ing or bridging ~tream~ and other waterWays within the icorporate limits' and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the gurposeo~refunding outstanding bonds; for the purpose of funding fZoating ~ndebtedness; and for all purposes which may be au~horized bY the laws of the State of Minnesota; the right of the c~ty to isls~e bonds unde~ the authority of any law heretofore and this section of the c~ty's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, bUt in com~uting the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [1] held in a sinking fund maintained by the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property specially benefitted by such ditches or improvements, or [3] for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the~Tj~~_~authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. ~=-..._ _____.==~-- ~'ill ~ay ~:r ....... =:.~:. . Before any bon~s are Bold. ghere shall b~ a fggr-~&fths vo=e of the council authorizin~ the i~suanc~ of gh~ bon~s by ordinance. Followin~ igB nassa~e, ghe ordinance shall be published at least once by D~licagion in a leqal newscast havfn~ oeneral circulation in the city. The re~isgered vog~rS 0f the city shall have ghirgv days from ~he dage auth~riz~n~ the t~suanc~, g~e~ent to the Das~a~ 0f th~ ~ aughoriztn~ ordinance, its publication, an~ the thirgv-dav period. ghe bond sale shall oc~r w~thin s~xgv days. ~rin~ said sixgv day period. =he City Manager shall have the authority go estgblish s special meegin~ Upon ag leas~ seventv,.gwo (72) hours advance nogic~ go each me~er of ghe council. Ag ghag special meeting, the City Manager is authorized to receiv~ ~he actual bid(s) or ~al~ of ~h~ bonds to be negotiated. The acgual award or sale of gh~ bonds shall be approved by a resolution Das~e~ by a four-fifths vote the council. Section 2= Chapter 7, Section ?2b, of the Charter of the City of Columbia Heights which currently reads as follows, to wit= Section 72b. BONDED DEBT ANDDEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and'for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. is herewith amended to read, Section 72b. BONDED DEBT ANDDEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a pez~anent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ~ authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary