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May 23, 1994 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdcvant Councilmembe~ Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Rueltimann City Manager Patrick Hcntges May 20, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, May 23, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(si ***RECOMMENDED MOTION: Move to adopt the minutes of the Special Council Meeting of May 5, 1994, and the Regular City Council Meeting of May 9, 1994, as presented in writ- ing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of May 23, 1994 public Hearings/Ordinances & Resolutions a. Public Hearing - 44th Avenue Sidewalk, Tyler Place to Reservoir Blvd. RECOMMENDED MOTION: Move to authorize staff to prepare plans and specifications for installation of a sidewalk on the north side of 44th Avenue from Tyler Place to Reservoir Boulevard; and, furthermore, to apply to M.S.A.S. for a variance in order to receive M.S.A.S. funding for the project. b. Continuation of Public Improvement Hearing: Erosion Control on East Bank of LaBelle Park RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute Slope Erosion Protection Easement Agreements with the Property Owners Along the East Bank of LaBelle Park. Co Public Hearing Regarding Homestead Classification of 3932 Central Avenue (ACCAP Theatre Heights Projects) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. ALTERNATIVE MOTION: Move approval of Resolution 94-__., Resolution of the City Council of the City of Columbia Heights Granting Homestead Classification to the Property Located at 3932 Central Avenue and Authorization to Enter into Development Contract Regarding the Same. ALTERNATIVE MOTION: Move to deny homestead classification to the property located at 3932 Central Avenue. ALTERNATIVE MOTION: Move to table Resolution 94- , Resolution of the City Council of the City of Columbia Heights Granting Homestead Classification to the Property Located at 3932 Central Avenue and Authorization to Enter into Development Contract Regarding the Same, and refer discussion to work session of Tuesday, May 31, at 7 P.M. ALTERNATIVE MOTION: Take no action on the resolution; however, specify to ACCAP what information needs to be further clarified. do Second Reading-Ordinance No. 1289 on Amendment to Conduct on Licensed Premises as it Relates to Compliance Timeframes RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1289, Amendment to Conduct on Licensed Premises as it Relates to Compliance Timeframes. eo Second Reading-Ordinance No. 1288 Pertaining to the Repeal of Pool Halls as a Permitted Principal Use Within the "CBD" Business District RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1288, Pertaining to the Repeal of Pool Halls as a Permitted Principal Use Within the "CBD" Business District. fo First Reading-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 COUNCIL AGENDA Page 3 Council Meeting of May 23, 1994 o ***b. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to schedule Second Reading of Ordinance No. 1284 for June 13, 1994, at 7:00 P.M. at the City Council Chambers. g. Other Ordinances and Resolutions Communications a. Other Communications Old Business a. Purchase of Playground Equipment for Edgemoor, Keyes, and Hilltop Park RECOMMENDED MOTION: Move to authorize the purchase of replacement equipment for Edgemoor, Keyes, and Hilltop Parks from Minnesota Playground of Golden Valley, Minnesota, the lowest, qualified, responsible bidder, in the amount of $21,876.33, with funds from account #412-45200-5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Establish Public Hearing for July 11, 1994, for Amending the Tax Increment District to Include the Sheffield Neighborhood and Establishing Financing for the Sheffield Redevelopment Plan. RECOMMENDED MOTION: Move to establish Public Hearing for July 11, 1994, for Amending the Tax Increment District to Include the Sheffield Neighborhood in Establish Financing for the Sheffield Redevelopment Plan. c. Other Old Business .New Business a. Request for $500 Donation to the Fridley Chamber for Landfill Abatement Lobbying RECOMMENDED MOTION: Move to authorize a $500 donation to the Fridley Chamber for Landfill Abatement Lobbying, with funding to come from Council Contingency Fund # 101-41110-8100. Authorization to Seek Bids for Sheffield Duplex Building Removals RECOMMENDED MOTION: Move to authorize staff to seek bids for removal of duplex buildings in the Sheffield Redevelopment Area, 4600 block between Pierce and Fillmore Streets. c. Authorization to Approve Proposal for the Sheffield Planning Analysis RECOMMENDED MOTION: Move to award contract to McCombs Frank Roos Associates, Inc. for a land use and site design study of the 4600 block between Pierce and Fillmore Street in the Sheffield area, at a cost not to exceed $4,000; with funding to come from Fund No. 410, and authorize the Mayor and City Manager to enter into contract with the same. Authorization to Seek Bids to Replace Loader RECOMMENDED MOTION: Move to authorize staff to seek bids to replace the 1961 Cat 944 Front-end Loader using equipment #4, #11, and #12 as trade-ins. ***d. COUNCIL AGENDA Page 4 Council Meeting of May 23, 1994 ***e. Authorization to Dispose of City Property RECOMMENDED MOTION: Move to authorize the City Manager to dispose of the surplus equipment shown on the attached list dated 5/11/94 at the Hennepin County Equipment Auction scheduled for June 16, 1994. f. Authorization to Replace Vehicle #199 RECOMMENDED MOTION: Move to authorize staff to purchase a new 1994 3/4 ton, 4 x 4 pickup to replace Vehicle #199 from the State Contract at a cost of $14,777 plus tax with funding from the Capital Equipment Replacement Fund; and furthermore to authorize the Mayor and City Manager to enter into a contract for the same. Any insurance settlement received is to be used to reimburse the Capital Equipment Replacement Fund. g. Establish Work Sessions RECOMMENDED MOTION: Move to Establish Work Sessions for Tuesday, May 31 at 7 P.M.; Monday, June 6, at 8 P.M., and Monday, June 20 at 8 P.M. h. Other New Business 10. Reports a. Report of the City Manager b. Report of the City Attorney 11.. Licenses ***RECOMMENDED MOTION: Move to approve the 1994 license applications as listed upon payment of proper fees, and to approve the rental property license applications as listed for 1/1/94 to 3/31/95 on the attached memorandum from Lowell DeMars of May 11, 1994. 12.. Payment of Bills ***RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager 94/55 AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS MONDAY, MAY 23, 1994, ?:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE 11~ Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 II [ hours in advance. Please call the City Council Secretary at ?82-2800, Extension 209, to make I arrangements. · Call to Order and ROll Call - ***!1, **'12, 2- Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. 9, Consent A~enda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) Minute~ of Previous Meeting(s) Open Mike[Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) ~, Public Hearings/Ordinances & Resolutions a. Public Hearing - 44th Avenue Sidewalk, Tyler Place to Reservoir Blvd. b. Continuation of Public Improvement Hearing: Erosion Control on East Bank of LaBelle Park c. Public Hearing Regarding Homestead Classification of 3932 Central Avenue (ACCAP Theatre Heights Projects) d. Second Reading-Ordinance No. 1289 on Amendment to Conduct on Licensed Premises as it Relates to Compliance Timeframes e. Second Reading-Ordinance No. 1288 Pertaining to the Repeal of Pool Halls as a Permitted Principal Use Within the 'CBD" Business District f. First Reading-Ordinance No. 1284 on Amending Chapter ?, Section ?2 of the Charter of the City of Columbia Heights Pertaining to the Bonded Debt and Debt Limit g. Other Ordinances and Resolutions ?, ~0mm!lnications a. Other Communications 8. Old Business a. Purchase of Playground Equipment for Edgemoor, Keyes, and Hilltop Park ***b. Establish Public Hearing for July 11, 1994, for Amending the Tax Increment District to Include the Sheffield Neighborhood and Establishing Financing for the Sheffield Redevelopment Plan c. Other Old Business 9, New B0siness a. Request for $500 Donation to the Fridley Chamber for Landfill Abatement Lobbying ***b. Authorization to Seek Bids for Sheffield Duplex Building Removals c. Authorization to Approve Proposal for the Sheffield Planning Analysis ***d. Authorization to Seek Bids to Replace Loader ***e. Authorization to Dispose of City Property f. Authorization to Replace Vehicle #199 g. Establish Work Sessions h. Other New Business 10, Reports a. Report of the City Manager b. Report of the City Attorney Licenses Pgyment of Bills Adjournment Pat Hentges, City Manager MAY MoComl~ I~nk Roo~/~d~t~, Inc. 16050 23rd Avenue North, Plymouth, Mlnne,,o~ ~B447 Telephone ~12/476-~0! 0 ~12/476-8532 FAX Engineem Plannera 8urveyors May 23, 1994 Mr. He:rick Hen:gas, City Manager C~ty of Columbia Heights 5g0 40th Avenue Northeast Columbia Heights, Minnesota 55421 SUBJECT: 782-2810 782-2801 - fax Sheffield Neighborhood - Btabilization/Redevelopment Planning MFRA #gggg Dear Mr. Hen:gas: This proposal is written following our telephone conversation on May lg, lgg4 concerning the stabilization/revitalization of the Sheffield neighborhood; specifically the 4600 Block of Pierce & Fillmore Streets. The issues are complex, however, :he fact that the City has undertaken the acquisition o~ moat properties within the block, is a signi£icant step in revitalizing the area. The second step involves decisions regarding land usa (residential housing type) and the £ormuletton of Design Development Parameters which will "insure" neighborhood integrity in :he resulting built environment. To approach a reasonable solution to the question, we propose the City under~ake a ~and Use and $~:e Design Study which will substantially finalize decisions regarding Land Uae and Design Development Standards, presumably intend to enhance the neighborhood without encumbering properties beyond reasonable market expectations. The following are work tasks which will facilitate preparation of Design Development Program a~d serve aa a City wide "showcase": Confirm :he appropriateness of residential uses for ~he property by considering :he compare:lye advantages of single- family detached and attached housing alternatives. This initial Land Use confirms:ion procedure will consider detached homes, :ownhomes, and clustering concepts taking into account topographic relief, and neighborhood context. The importance of :his approach is :o objectively consider various housing type alternatives. An Equ&l Opportunity Employer MAY 2~ '9~ ll:S8AM MCCOMBS FRAMK ROOS P.3/4 Mr. Patrick Hentges May 23, 1994 Page Two 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 lines such as; gable ends, dormers, skylight, and pitch). Identify a list o£ site design characteristics which emulate higher quality residential neighborhoods; identify elements such as; walkwsys, fences/screening, driveway design, foundation plantings, specimen tree plantings, ornamental plantings, accent gardens, etc. Determine minimum site floor area ratio, site coverage (percent), garage standards, and side, rear and front yard setbacks, and lot width. Determine and verify the most appropriate home sites (building pads) within the subject block and recommend floor plans, i.e., full basement, tuck-under, walk-out 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. Prepare Draft Design Development Guidelines for new construction and/or rehabilitation. Establish requirements to achieve the apparent goals of neighborhood revitalization, including architecture, landscape architecture and pedestrian and vehicular access considerations. Prepare a draft Request For Proposals for consideration as one alternative to selecting builder/developers. The crux of this study is to provide a forum, through the consultant, to develop criteria and guidelines which will facilitate bringing to fruition the expected revitalization of older residential areas in 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 physical improvements on site. The process of developing a useable "end product 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 visually pleasing and desirable and ~o create, guidelines and standards ~o implement their "idealized images". A significant side issue will be to balance the ideal end results with reality and market demand. Mr. Patrick Hentges May 23, 1994 Page Three Because the study is intended to have considerable longevity and potentially applicable to other areas of the City, X 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, geared to developing 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 ten meetings may be required throughout the life of ~his project. The research time, document preparation time, and report preparation is estimated to cost 84,000.00 maximum. With regard to personnel assigned to this project I believe it would be beneficial to approach this with a multi-disciplined team, involving myself, a real estate development planner, Theresa ~reenfield a Municipal Planner, Suzanne Rheas, a planner with neighborhood revitalization knowledge, and Kathy O'Connell, 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 will look to the City to provide base map information, computer ~iles, documents such as zoning, and to mast with the consultants and schedule all meetings with City officers, landowners and other designated participants. We appreciate the opportunity and look forward to assisting the City in completing this important study. We are prepared to start this work the week of May 23rd, 1994. Kindest regards, INC. THE CITY OF COLUMBIA HEIGHTS ACCEPTS THIS PROPOSAL AND DIRECTS MFRA TO PROCEED WITH PREPARING THE LAND USE AND SITE DESI.$B _STUDYI Joseph Sturdevant, Mayor Patrick Hentges, City Manager Date Date MAY-Z0-1994 13:40 FROM KALIblA,WlLLS,k~OODS SLOPE EASEMENT This Agreement, made and entered into this__ by an,:t betweeh day of . 199__ (hereafter "GRAIqT~RS")'and the City. prote~ existi: the ar. under REA8~ ~RANTEE desires to obtain a slope erosion protecti°n easemem (slope. erosiOn tion easement for the purpose of this Agreement is defined as an iareh in x~kich; due to topo~aphy, soil condition or runoff patterns, special measures must ibc tal~en to Protect .~as witl~,n the easement and adjoining properties from erosion) in, ova, acro~s; upon and the foll6wing described real property: (hereafter "the properV/") WIt'~R~As, {3RANTOR is the fee owner of the property; , '. Wi;I REA~, ',GRANTOR is desirous of protecting its property from the ~effeCts o~ erOSion. and rec°g : ..~izes that,.its actions or inaction, can and will have an effect on its. bwn! ~: adjOining prope,~jr, including property, own~l by GRANTEE; · 'REAS, i GRANTEE. has or will offer technical assistance to GRAINmR x~ii'th rsgard to imprqvlments in the slope erosion protection easement that will mitigate !the effec.isl hr'erosion. No ,P Fom , CO SmERxa OS ACIc~OWLI~DGED, THE PARTIES'AGREE AS FOLLOWS. ! ' 1. ! GRANiT OF EASEMENT. GRANTOR agccs to grant and hereb~ ~ants t",o G~EE a pe~ent'ehsemem for the purpose of slope erosion protection over, a~:ro,~s, und. er, a~d upon the fdllowing !desCribed real property: lqAY-?~-l'_q'~4 15~:41 FROIVl ¢~ALII'qA [,.IILLS,WOODS Ti] impm GRA~ cons'l:] CONSENT FOR IMPROVEMENTS TO EASEMENT PROPERTY. ORA .NTOI~ hereby ants that:for itself., its heirs, successors, and/or assigns, that it shall refrain ilow causing any vementslto be made upon the property without first obtaining the prio6 written consent of 4TEE, which consent shall be limited to approval or disapprovall of~ the design(s) and uction of ~aid proposed improvement. : 3. HOLD! HARMLES~S PROVISION. GRANTOR hereby covenants r itself, its hen's, suc¢¢;so~s,~'~ that it will save and hold GRANTEE harmless f~or ~ny an~l hll :damage resulting fromi runoff, deterioration, collapse, or erosion to GRANTOR s ipropert~'. 1 GRANTEE nor ,airy of' ils successors, associates, assigrks, grantees, licensees or'any pers~on, firm 'or corpo.i'ation, operating partially or wholly under contract with said GR~.'~E, it3 successors, assOciates, hss~gns; grantees or licensees shall at any time become liable to ..'.the GRANTOR or GRA~TOR'S~.heirs, assigns or successors in interest for damages on accoun~ of ar~y in.~Uries or damages to lahd herein described or any building, structures, improvemei~ts or prdperty of any kind d~r :chara~er now or hereafter located upon said land or to any owners, ioccu~ts Or other persons; in o~ upon smd land resulting from or in any way conne~ed:: with !the ~rosiom deteri >ration, or other gradual or sudden collapse of earth or earthen mat*rial i~, .orr, under, abutti .g, or adjacent to said described land. : 4. COVENANT NOT TO SUE. GRANTOR for itself and fo~ its [heirs, 'legal repre:.efltatlve(-'s), assigns and successors in interest, do waive and relea,qe &e G~3xlTEE, its succe.;s0rs.~ associates, assigns, grantees, licensees or contractors, from any! and a~l claims for (maii or personal) damages and all liability by reason of damages either to persons or proPer~ which[ mayi in !any way be caused or occasioned at any time heretofore ct hereaft~, ~di~,ectly or indir~tly, by the erosion, deterioration, or other gradual or sudden collapse lof eadkor!'earthen mater~al in,' o& under, abutting, or adjacent to said described land and {3RA/qTOR dOes for itself and f~r :.tho~e Who: may hold title to any of said real estate under or through ithem ~ .ovenant not to su~ for an?, of 'said injuries or damages. It is hereby eXpressly acknOwlbdged] betWeen the partie~ .that:this covenant shall nm with the land, that the covenant not to sue ~s so b~Und:,up with ORAtOR's ia.se 'and enjoyment of its land so as to touch and concern {he said l~and, and that it is ~e: GRAFi. iTOR's express intention that the covenant not to sue mn With~: the lbnd, so as to be bi~ding upon all future successors or assigns. · Page 2 MAY-20-1994 13:41 FROM KALINA,WlLLS,WOODS TO P.04 ?8228?5 5. · RANTE agrees to provide GRANTOR with technical assistancel in th,~ deSign and construction of' improvements undertaken by the party of the first part with lhe af~resa{d slope erosic n :protection. easement, i [ STA'I COU~ by. E OF MINNESOTA ) iTy OF: ANOKA ) The. fo}eg0ing was acknowledged before me this day of , Grantors. Notary Public Page 3 , C~rantor , ~':rmntor OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING MAY 5, 1994 The Special Council Meeting was called to order at 6:07 p.m. by Mayor Sturdevant. Jolly, Nawrocki, Ruettimann, Peterson, Smrdevant - present 2. AUTHORIZE INSURANCE COVERAGE The City's current insurance policy expires on May 9, 1994. The policy is with USF & G which has in.~ured the City for the past four years. The Finance Director addressed the ramifications of changing insurance companies. If there were to be a change of companies one concern would be coverage for a claims submitted ninety days after the insurance coverage had been changed. Claim would not be honored by the former insurance company. Coverage of prior acts is available. This is called a "tail" in the insurance industry and could cost between $15,000 to $35,000. The Finance Director report, ed on his informal survey of other municipalities' coverages. They all are covered by the League of Minnesota Cities Insurance Trust except the City of Edina. There are not many firms who offer municipal insurance coverage. The Finance Director recommended staying with USF&G noting that the City has had e pe t s. ~.~ / ~ nere was a lengthy discussion regarding the benefit of having insurance m...cover the /liability of public officials. On an $11,000 policy there is a $10,000 deductible. The City Manager questioned the value of the policy in view of the deductible. He will prepare a resolution for the May 23rd Council Meeting to address this matter. Motion by P~, ~..ond by folly to authorize the Mayor and City Manager to ~nter into an agreement with Americn Agency for insurance coverage from May 9, 1994 to May 9, 1995 as quoted in their proposal with USF&G for property, liability and other small coverages, with Scottsdale for police professional liability, and St. Paul Compnnies for liquor liability at an annaul premium of $157,666. Roll call: All ayes CONTRACT ASSIGNMF. NT - STONF. I~ROOK CONSTRUCTION FOR LIBRARY ADA IMPROVEMENT SPECIAL COUNCIL MEETING MAY 5, 1994 PAGE 2 o The City Manager advised this matter was included on the agenda for an update and no Council action is being requested. Both verbal and written notification has been received that Stonebrook Construction is defaulting on their contract for the Library i~. ovements. Their bonding company has stated it will pay for the completion of the project. Staff is not comforlable with this. The Haymaker firm has offered to take over ~he project and has assured the project will be completed. The contract with this company will require lien waivers. May 31st is the deadline for using CDBG monies and the City Manager stated these funds will be used. ,S, DJOURNMENT Motion by Peterson, second by Nawrocki to adjourn the Special Council Meeting at 7:15 p.m. Roll call: AH ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 9, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Stnrdevant. Jolly, Nawrocki, Ruettimann, Peterson, Stordevant - present 2. pI.I~.DGE OF AI.I.I~.GIANCE CONSENT AGENDA The following itemq were addressed on the Consent Agenda: ~_ _Dproval of Minutes Thc Council approved the minutes of the Regular City Council Meeting and the Continued Board of Review of April 25, 1994 and the Reconvened Council Meeting of April 26, 1994 as presented in writing. 'Denf Child' $i_~n on 2 1/2 Street The Council approved the in.qlallation of a "Deaf Child Area · sign jnst north of the intersection of 2 1/2 Street and 44th Avenue, approximately 100' north of 4404 2 1/2 Strect with the condition that the Public Works DiFcctoF be notified when the child moves out of thc area, based on the recommendation of the Traffic CommLqsion. Special Purpose Fence - 4441 Jefferson Street The Councii approved the six foot high special lmrposc privacy fence ~oposed for installation along and in.qide the south property line at ].~.a.l Jefferson Street. SPecial Purpose Fence - 452414526 Wa.qhin_pton Street T~ne Councii approved the request for a six foot high special purpose privacy fence along the south side of the property located at 4524/4526 Washington Street. S _D,~_'n! PnrDose Fenee- 4136 Fifth Street 3=ne Counci~ approved the request for a six foot high special purpose privacy fence at 4136 Fifth Street. Permit_q for 1994 Jsmhoree The Council authorized thc staff to close Jefferson Street from Monday afternoon, June 20th through Sunday, June 26th. REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 2 The Council authorized the Police Department to issue ~ parade permit for the Jamboree Parade to be held on Friday, June 24, 1994 at 6:30 p.m. for the following streets: Central Avenue a, 45th Avenue to 40th Avenue, west on 40th Avenue to Fifth Street and Fifth Street to ~ Street. Accel_ t Donation of $390 from Columbia Hei_whts Athletic Boosters The Council accepted the $390 donation from Columbia Heights Athletic Boosters to be used for School Patrol Recognition Day. Fourth of July Fireworks Bid The Council authorized staff to seek bids for the Fourth of July firewor~rs display. Establish Date for Public Hearing ~?p 44th Avenue Sidewallr The Council established a public hearing for May 23, 1994 ~t 7:00 p.m. in the City Council Chambers for sidewalk installation on 44th Avenue from Tyler Place to Reservoir Boulevard. Establish a Public Hearin_~ to Consider Alley Li_whting The Council established June 13, 1994 at 7:00 p.m. as - public hearing for consideration of alley lighting between Madison and Monroe Streets from 42nd to 43rd Avenues. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to nt~rove the Consent Agenda. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS Mayor Stnrdevant read the proclamation designating May 15 through May 21, 1994 as 'National Public Works Week. REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 3 Joyce Meier, who owns the double Imngalow at 4931/4933 Jackson Street, mld..the Council she has received some instrnctions from the Building Inspector regaramg her driveway and dry rot on her garage. She had misunderstood the tirnelines for coming into compliance. The driveway must be done by 1997. These issues were brought to the aUenfion of staff based on a neighbor's complaint. It was understood this boiJding has not botat used as reattal property for some _time. Mrs. Meier also stated problems she is experiencing with neighborhood children playing ball on her property and snow being placed on her yard by a neighbor. She felt these issues should be addressed by ordinance. Motion by Nawrocki, second by Jolly to refer these matters to the City Manager and the Building Inspector for further review with Mrs. Meier. Roll call: All ayes A resident questioned some verbiage in Ordinance No. 1288. 6. PUBLIC 14F. ARINGSIORDINANCI~-q_/~ F-qOLUTIONS l. Co,,,,~,iint,on of l~-~,,lic I..,._.,ov_-: ...... ~ .:.--~-rm_p__ Erozifln Con_trol on F~_/bnE of I.,acHe Pnrk The City Manager recommended this public hearing be continued as staff is still reviewing thc matter. At a previous public hearing, the City Attorney was requested to research whether a 'Hold Harmless' agreement could be rec ~or~.. with the County and remain with the pFoperty. Thi.q agrcemcnt would hold the ~lty harmless if damages were incurred because of erosion problemq. The City is proposing a project to stop the erosion on the east bank of IaSc.He Park. Thc homeowners on Circle Terrace who would be assessed for _thi.q project feel there with Hold Harmless agreements. He is drafting a oocument wmcn woma aomus each property and would be an agreement between the City and the property OWfler. Motion by Nawrocki, second by Jolly to continue the Public l?mvement Hearing for the LaBelle East Bank Erosion Control Project to May 23, 1994 at ?:00 p.m. in the City Council Chambers. Roll call: All ayes REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 4 b. First Reading - Ordinance No. 1289_. Conduct on Licensed Premises Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roil call: Ail ayes ORDINANCE NO. 1289 BEING AN ORDINANCE AMENDING CONDUCT ON LICENSED PREMISES The City of Columbia Heights does ordain: Section 5A.409 and Section 5A.410 of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to wit: Section 9: License Fees 5A.409(1) License fees, in.~ecfions fees, and reinspecfion fees shall be established by Council resolution. Section I0: Conduct on Licensed Premises 5A.410(1 ) It shn I1 be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) MN Statute 609.75 through 609.76, which prohibit gambling; (b) MN Statute 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) MN Statute 152.0] through 152.025, and Statute 152.027, subdivisions 1 and 2, which prohibit the unlawful sale or possession of conlxoHed substances; (d) WiN Statute 340A.401, which prohibits the unlawful sale of alcoholic beverages. (e) MN Statute 609.33, which prohibits owning, leasing, operating, mnnaging, maintaining, or conducting - disorderly house or inviting or attenpting to invite others to visit or remnin in ,. disorderly house; (f) Section 10.312 of this code, which prohibits noisy assemblies; (g) m2N Statutes 97B.021, 97B.609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of thi.~ code, which prohibits the unlawful possession, transportation, sale or use of a weapon; or REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 5 (h) MN Statute 609.72, which prohibits disorderly conduct. (i) Mn Statute 609.221 thFough 609.224, which prohibits assaults, including domestic assault as defined in MN Statute 51 BB.01. (j) Violation of hws relating to contributing to need for protection or services OF delinquency of a minoF as defined in MN Statute 260.315. (k) Section 8.201 ct al. of this ordinance which relates to animal noises nd public nuisances. 5A.41002) The Police L-3tief (Department) shah be responsible for enforcement and admini~tion of this section. 5A.41003) Upon de~rminafion by the Police (~ief (Deimrtment) that a licensed premi.qes was used in a disorderly manner, as described in Section (1), thc Police Chief (Department) shall notify thc licensee by mail of thc violation and direct thc licensee to take steps to ~event further violations. 5A.41004) If another instance of disorderly use of the licensed premises occurs within twelve (12) months of an incident for which a notice in subsection (3) was given, thc Police Clnief (Department) shah notify the licensee by mail of the violation and shah also require the licensee to submit a written report of the actions taken, and proposed to be token, by the licensee to prevent further disorderly use of the pFemi-qes. This written report shall be submitted to the Police L'~nief (Department) within five (5) days of receipt of the notice of disorderly use of the premises within the preceding twelve (12) mflDfh.q. If th~ licensee ~ to comply with the requirement of this subsection, the rental dwelling license for the l~f©miseS tony be denied, rcv~, sllspcnded, or ilot Fellcwcd. All Rction to deny, revoke, suspend, or not renew a license under this section shall be initiat~ by the City ~uncil at the request of the Police L-~nief (l~t) in the manner described in Section 5A.408(1) tim)ugh 5A.408(4). 5A.41005) If another instance of disorderly use of thc licensed premi.qes occurs within twelve (12~ ~onths tfter tlly two (2) pfev~ instlllCCS of disorderly use for which notices were sent tx) the licensee lm13nnt to this section, the rental dwelling license for the premises my be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under thi.q section shah be initiated by the ~ Council at the request of the Police Chief (Depafl]nent) in the manner described in Sections 5A.408(1) through 5A.408(4). 5A.410(6) No adverse license action shall be imposed where the REGULAR COUNCIL MEETING MA ~ 9, 1994 PAGE 6 instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by the tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shah not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revo/ce, suspend, or not renew ~ license based upon violations of this section may be postponed or discontinued at any time if it appeam that the licensee has taken appropriate measures which will prevent further in.qIances of disorderly use. 5A410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) .~ha!l be made upon substantial evidence to support such - determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, not shaH the fact of dismissal or acquittal of criminal charges operate as ~t bar to adverse license action under this section. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 9, 1994 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinaoce No. 1289 for May 23, 1994 at 7:00 p.m. Roll call: AH ayes c. Second Reading Ordinance No. 1286. on Pool Hall/Billiard Halls Regulation Amendment to Licensing The City Manager reviewed the ordinance and stated that the amendment is focused on license issues and revocation procedures. Some recommendations were made regarding the wording of the amendment and the number of verifiable complaints. The City Manager read the proposed amendment. Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REG~ COUNCIL MEETING MAY 9, 1~94 PAGE 7 ORDINANCE NO. 1286 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,PERTAINING TO POOL HALL LICENSE REQUIREMENTS The City of Columbia Heights does ordain: Chapter 5, Article IV, Section 2 (5.402), of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: POOL HALLS SECTION 2 5.402(1) No person shah operate or maintain a pool hah or pool table on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.402(2) A license application for operation of pool tables on the same premises as any other licensed business or proposed commerc~l] Ic~ivity [hill colitaln a mtement indicating: (a) thc nature of other licensed or proposed business or commercial activity, (b) The name of the licensee or license applicant for such a business, (c) Whether the licensee or operator of the pool hah or pool tables would have operational control over both business activities, (d) Whether thc operation of pool tables would be an incident of said other licensed business, or would be an independent sepnrate business ~haring the snme 5.402(3) Applications shall contain a statement of the number of pool tables to be 5.402(4) Applications shall be referred to the Chief of the Fire Prev~on Bureau and the Building ln.,~ector for an ~n~'fion of the premises and a report indicting regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other.. business or commercial activity. REGIK.AR COUNCIL MEETING MAY 9, 1994 PAGE 8 5.402(5) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such t conviction may be grounds for denial of said license application. 5.402(6) No pool hail licensed under this section shall be located within three hundred feet (300') of any school building or church. is herewith amended to read, 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and Co) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For the purpose of this section, the terms 'pool hall" and 'billiards hall' shall mean any building, stru~e or tract of land which hah at least one use or activity providing any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin operated) (b) suooker (not coin operated ) (c) bumper pool (not coin operated) (d) table tennis (not coin operated) (e) less than nine (9) arcade games or devices as defined by 5.41 I' (2)(b--e). 5.402(3) h license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity sh~l contain a statement, indicating: the nature of other licensed or proposed business or commercial activity; (b) the name and date of birth of the licensee or license applicant for such a business; (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; I~GULAR COUNCIL MEETING MAY 9, 1994 PAGE 9 (d) whether the operation of pool tables would be an incident of said otber licenscd business, or would be an ind~t business _*bring thc same premises; 5.402(4) Applications shah contain a statement of the number of ~anting tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the nmber of said games. 5.402(5) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building In.qpector for an inspection of the premises and a report indicating whcther thc premi.qCS ire in complinncc with nil applicable ordinances and regulations, unless the same premises have been previously inspected within thc same calendar year in conjunction with the issuance of a license for any other 5.402(6) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be pmmds for denial of said license application. 5.402(7) No pool hah licensed under thie section: (i) Shah be located: (a) within three hundred (300) feet of any school building or church, or, (b) if no alcohol is served at thc pool hah or billiards hail, within two hundred (200) feet of any school building or church; Any pool hall or billiards hall operating pu13uant to 5.402(7)(i)(b) shah proldbit any person not at least 18 years of age from entering the estab~ as a patron nnless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) Thc li _c_~q my be revoted or mspended in accordance with this cbpter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; REGULAR COUNCIL MEETXNG MAY 9, 1994 PAGE I0 Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of any initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shah be grounds for revocation of the license if the Police Department for the City receives three or more verifiable complaints of actions within the owner's control within three month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool haH: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxification, disorderly conduct or assault. First reading: Second reading: Date of Passage: April 26, 1994 May 9, 1994 May 9, 1994 Offered by: Peterson Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Stndent, Council Secretary d. First Reading of Ordinance No. 1288 - Removing Pool Hail/Billiard Halls from the Allowed Use Section of the Zonin~Code, Councilmember Nawrocki suggested clarifying language be put into the ordinance regarding drags as had been recommended by a resident. Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORI)INA2,IC'E NO. 1288 REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 11 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REPEAL OF POOL HALLS AS A PF3ZMIT'I~D PRINCIPAL USE WITHIN THE "CBD" BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 12 (9.112), of Ormntnce No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(1) permitted Princinal Uses' Businesses providing the following sales and/or services: (a) (b) (c) (d) (f) (h) (i) O) O0 (1) (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) Antiques Appfiances Art and school supplies Bakery goods Barber shops Bcau~ parlors Boo~ and office supplies Bowling alleys Broadcasting studio Business school Bus and transportation center Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in service is provided Camera and photographic sales and repairs Tennis, racquetball, handball, table tenni.~ and boxing clubs along with clubs defined by Minnesota Statute 340.07, subd. 15 Coins and stamps ~ostume and formal wear rental Dclicatessen Dq, amnont stores including incidental pressing and repair Dry cleaning and laundry serf-service facility Employment agency REGULAR COUNCIL I~EETING MAY 9, 1994 PAGE 12 (bb) (cc) (da) (ee) (fO 0~) (a) OJ) (mm) (nn) (oo) (rr) (ss) (tO (u~) (ww) (yy) (zz) (~,,) Cobb) (CCC) Floor covering Frozen foods, not including a locker plant Furniture, incinding upholstery, when conducted as -t secondary nse Fur products and the processsing of furs when directly related to retail sales from the site Gifts and novelties Glass, china and pottery Grocery, fruits and vegetables Hardware Hobby crafts including hnndigr'aft classes Hotel Interior decorating studio Jewelry, time pieces and repairs Leather goods and luggage Library, both private and public Liquor store (off-sale) Mem, market, but not including processing for · locker plant Musical in.~truments and repairs Newsstands Offices-business and professional Offices-governmental Paint, wallpaper and related materials Pet shop, provided the operation shall not include the boarding of pets for a fee, the ma~nt:~inlng of pens outside of the building or the operating so as to cause an offensive odor or noise Photographic studio Pip~ and tobacco shop Post office or telegraph sub-station Prinffng shops which occupy not more th~n three thousand (3,000) square feet of gross floor area Pool hall.~ (ddd) Records, television, radio, hi-fi and recording cquipmen! (eec) Savings and loan offices (iff) Sewing machine, related equipment and sewing classes (ggg) Shoes and shoe repair (hhh) Sporting goods (iii) Stationm'y supplies OJJ) Tailor shop (kl~) Theater, not drive-in variety (HI) Television studio REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 13 (mmm) Toys (nnn) Transportation center (ooo) Travel bureau (ppp) Variety store shah hereafter be mended to read as follows, to wit: 9.112.(1) Permi-e~4 Princinal Uses Businesses providing thc following sales and/or services: (w) (z) (aa) Beauty parlors Books and office supplies Bowling alleys Broadcasting stndio Business school Bus and transportation center Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in service is provided Ca~ts and rugs Tennis, racqnetball, handball, table t~nni.~ ~ boxillg clubs along with clubs defined by Minnesota Statnte 340.07, subd. 15 Costmne and formal wear rental Drug Dry cleaning and laundry pick-up locations including incidental pressing and repair Dry cleaning and laundry self-service laundry Employment agency Floor covering Frozen foods, not including a locker plant REGULAR COUNCIL ~V~EETING MAY 9, 1994 PAGE 14 (bb) (cc) (dd) (fO (hh) (ii) OJ) (~) (Il) (mm) (nn) (oo) (Pp) (qq) (rr) (ss) (tt) (uu) (w) (ww) (x~) (zz) Cobb) (ccc) (ddd) (eee) (fro (iii) OiJ) (Ill) Furniture, including upholstery, when conducted as a secondary use. Fur products and the processing of furs when directly related to retail sales from the site Gifts or novelties Glass, china and pottery Grocery, fruit and vegetables Hardware Hobby crafts including h~ndicraft classes Hotel Interior decorating studio Jewelry, time pieces and repairs Leather goods and luggage Library, both public and private Liquor store (off-sale) Meat markte, but not including processing for -, locker plant Musical instruments and repairs Newsstands Offices-business and professional Offices-governm~tal Paint, wallpaper and related mnterials Pet shop, provided the operation shall not include the boarding of pets for a fee, the mnintzinlng of pens outside of the building or the operating so as to cause an offensive odor or noise Photographic studio Pipe and tobacco shop Post office or telegraph sub-station Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area Records, television, radio, hi-fi and recording equipment Savings and loan offices Sewing mzchine, related equipment and sewing classes Shoes and shoe repair Sporting goods Stationary supplies Tailor shop Theater, not a drive-in variety Television studio Toys Trnn.~rtation center Travel bureau Variety store REGULAR COUNCIL MI~.RTING MAY 9, 1994 PAGE 15 First Reading: May 9, 1994 Motion by Peterson, second by Jolly to schednle the second reading of Ordinance No. 1288 for May 23, 1994. Roll call= All ayes c, L~ec__ond g.--:dinp of Or,-1,~nan~e No. 1287 on Allowin_p Pool/Billiard llali.~ in the C~-~ Bn.qine-~-q ~istrict by ~_~nditional Use Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: AH ayes ORDINANt~I~ NO. 1287 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CTFY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit-' 9.112(2) Conditinnal Uses Within any 'CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures Co) Dwelling nnits provided: (c) (i) Thc units do not occupy the first floor. (ii) That a roof imonded for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. Open sales lots provided that: (i) The lot is sm'faced and graded according to a plan submitted by the application and approved by thc City i~gineer. REGULAR COUNCIL MEETING I~L~¥ 9, 1994 PAGE 16 (d) (0 (g) 0) (ii) The assembly, repair, or mnnnfacture of goods shah not occur within an open sales lot. (iii) If the operation of the open sales lot be self-operated or automated in total or in part, t site plan nhall be submitted indicating the location of such devices. (iv) There is located thereon ~ building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. Off street parking lots subjec! to Section 9.116(2). Parking vamps Public utility structures Vending machines (coin operated) whether they be for service or product they shall be permitted inside of a building, when located outside of building they shall be considered as'. ~ building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off street parking shall be provided at ~, ratio of one (1) space for each two vending machines. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters and booths. Arcades Tennis, racquetball, handball, table tennin and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Massage therapist bnsinesses licensed pursuant to Section 5.612. Day care centers Prepared food delivery establishments Shall hereafter be amended to read as follows, to wit: 9. ] 12(2) Conditional Uses REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 17 Within any "CBD" Business District, no structure or land shah be used for the following uses except by conditional use permit. (b) Dwelling units ln'ovided: That a roof inlgnded for usable space shah be enclosed by a wall or fence not less than five (5) feet in height. (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by thc City Engineer. (2) If thc operation of the open sales lot be self operated or automnted in total or in part, a site plan shall be submitted in. caring the location of such devices. (iv) There is located thereon a building devoted to and used in such sales nse which is at least as large in floor area as such occupation nd (d) Off street parking lots snbject to Section 9.]16(2) (e) Parking ramps Vending machines (coin operated) wbetber they be for service or product shall be permitted inside of a building; when located outside of building they shah be considered as a building and conform to all applicable regulations. Should the vend_lng machine be the principal use on the site, off strcct parking shall be provided at · ratio of one (1) space for each two vending mc=hines. .. REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 18 (m) First reading: Second reading: Roll call: Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Tennis, racquetball, handball, table tennis and boxing clubs th:~t provide facilities such as auditoriums or bleacher areas for viewing such that exhibitions are possible. Massage therapist businesses licensed pursuant to Section 5.612. Day care centers Prepared food delivery establishments Pool/billiard halls April 26, 1994 May 9, 1994 All ayes Mayor Joseph Sturdevant Jo-diane Student, Council Secretary f. Resolution No. 94-30 Hold Harmless Resolution Reo_uired by State Aid Ope_rations Project Motion by Nawrockl, second by Peterson to waive thc reading of the resolution there being ~mple copies available for the public. Roll call: All ayes RESOLUTION NO. 94-30 BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS ARISING ON THE VARIANCE FOR TRUCK HIGHWAY' NO.47 FROM 37TH AVENUE N.E. TO 53RD AVENUE N.E. BE 1T RESOLVED by the City Council of the City of Columbia Heights: REGULAR COUNCIL MEETING MAY 9, 1994 PAGE That the City shall indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of the reconstruction of Trunk Highway No. 47 (University Avenue Northeast) at 37th, 44th and 53rd Avenues Northeast in any other mannor than in accordance with Minnesota Rules 8820.2800 and further agrees to defend at its sole cost and expense any action or proc~ding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Dated _,hi.~ 9th day of May, 1994. Offered by: Ruettimunn Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Stnrdevant ATTF. ST: I hereby certif~ ,hnt the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 9th day of May, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student COMMUNICATIONS a. la*~_------~ for Cnrb Cot on ~ North ~ide of Lot at 4305 Second Street Motion by Peterson, second by Ruettimann to approve the second curb cut at 4305 Second Street based on the l~g~T, ommendation of [h~ TI"M~c Commi.e, sion. Roll call: AH ayes REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 20 b. Replace 20 MPH Si_ma with a 15 IVlPH Sign on Circle Terrace Boulevard[ Councilmember Nawrocld stated his opposition to this as there would be two different speeds on the same street. Motion by Peterson, second by Jolly to replace the 20 MPH sign with a 15 MPH sign for southbound traffic based on the recommendation of the Traffic Commission. Roll call: Jolly, Ruetfimann, Peterson, Smrdevant - nye Nawrock/- nay c. Conditional Use Permit - 4040 Central Avenuv Motion by Ruettimnnn, second by Peterson to approve the conditinn! use permit for food/non-alcoholic beverage sales at 4040 Central Avenue. Roll call: Ail ayes d. Conditional Use Permit/Si_nm Ordinance Variance - ~.~.00 Central Avenue Proex, Inc. Motion by Ruetthnann, second by Peterson to approve the conditional use permit to allow the operation of a one-hour photo processinE facility at 4400 Central Avenue. Roll call: All ayes Motion by Ruettimann, second by Jolly to deny the variance on the wall signage at 4040 Central Avenue as it would set a precedent. The representative for Proem,, Jerry Mazzara, advised the Council he has redefined the request so only a ten foot variance would be needed. He explained his second proposal. Councilmember Jolly inquired if this new proposal had been presented to the Planning and Zoning Commission. Mr. Mazzara responded it had not. Motion to deny was withdrawn. Motion by Peterson, second by Ruettimann to approve , ten foot variance on the two wall signs based on the hardship of the distance from Central Avenue and from the sidewalk. Councilmember Nawrocki felt the pylon sign negates hardship as being ,.reason for granting the variance. Mr. lVln~.7~ra advised that the pylon sign is going to be reduced twelve feet in height. Councilmember Nawrocki felt the area already looks lilre a "billboard jungle. Roll call: Ruettimann, Peterson, Stnrdevant - aye Jolly, Nawrocki - nay REG~ COUNCIL MEETING MAY 9, 1994 PAGE 21 e. Str_~_t CIo.~in_~ Re~n_ ~"~t- City_ Picnic Motion by Nawrocki, second by Poterson to authorize staff to close Jefferson Street Saturday, May 21, 1994 from 9:00 a.m. to 5:00 p.m. Roll call: AH ayes f. 12~n_ ! Government Aid Councilmembcr Nawrocki advised that the tax bill did away with the LGA Fnnd but not with local government aids. There will be no dedicated money. The City will receive what was expected. g. !-~ndfill Le_t~lntion Councilmembcr Nawrocki advised that a bill has passed the Legislature for the State to take over the issue of landfill closings. OLD BUSINESS There was no old business. NEW BUS~ Authori-*~on to ~e__-t B~d.~ for 1250 GPM f~ltzq A Fire Pn _n~er Motion by Jolly, second by Nawrocki to anthorize staff to seek bids for the 1995 Ford 9000 Series 1250 or approved equal GPM Class A fire pumper. Roll call: All ayes Councilmember Nawrocki requested thi.~ be an item for discussion at a Council work session. bm Pnrc_-hn-ee of Crow Machine - Police ~t Motion by Ruettimann, second by Peterson to authorize the purchase of one Sharp Model SF-7900 copier machine at the cost of $3,725.00 based upon low, informal bid by Twin City Photocopy Company of Minneapolis, thc trade in of thc Canon NP-125 copier presently in the investigations office, and that the Mayor and City Manager are authorized to sign a contract for the same. Roll call: AH ayes REG~ COUNCIL MEETING MA':' 9, 1994 PAGE 27. c. Authorization to Seek Bids - Overlay and ~.~Ah Avenue, Councilmember Nawrocki is not supportive of the proposed project. He feels sealcoafing wonld b~ more thpn ndeqnate. Motion by Peterson, second by Jolly to authorize staff to see/r bids for 1M.S.A.S. overlay - Projects 9320, 9321 and 9322 and the unfinished section of 44th Avenue. Roll call: Jolly, Rueifimnnn, Peterson, Sturdcvant - aye Nawrocki - nay d. Final Payment. Project #940~ Motion by Ruettimnnn, second by Peterson to accept the work. for storm sewer catch basin/mnnhole replacement Project/~9403 and to authorize i~nn_l payment from Fund 602-49450-4000 to S. W. Lee Construction ofF, den Prairie, iVlinm~sota, in an amount of $5,400.00. Roll call: ALI ayes e. Award of Sealcoatin_e Bid Project #940! Motion by Ruettimnnn, second by Peterson to award Project 09401 - 1994 sealcoafing Area H (Southwest Quadrant) to Bituminous Roadways, Inc. based on their low, responsible bid of $128,981.59 with funds to be appropriated from Fund v415, Assessable PIX Fund and Fund ~12 State Aid Maintenance; and furthermore, to anthorize the Mayor and City M~nnger to enter into an agreement for the snme. Roll call: All ayes Other New Busines.~ Councilmember Ruettim:~nn inquired as to any plans rcgardipg new police officer. He noted this was to have begun in January of this year and he is disappointed there h~_s been no action t~ken yet. He ulso noted no reports on this mntter have been received. Councilmember Rnetthnaun felt there appears to be stalemate in the Sheffield area. He sees a need to become active. The City Manager odvised thnt both of these issues, the new police officer and Sheffield area are scheduled to be nddr~ at the next Council work session so they cnn bt: on the agend~ for the May 23rd Council Meeting. Councilmember Nawrocki stated a police officer was not budgeted for. Councilmember Ruettimaun recalled this was done separately. REGULAR COUNCIL MEETING MAY 9, 1994 PAGE 23 10. Councilmember Nawrocki stated there is a question whether another police officer is needed. Captain Olson is preparing some data which addresses this need. Councilmember Nawrocki noted that the federal crime bill does not have any funding earmarked for states and that Minnesota hn.~ received nothing so far. The City Manager advised that there are three cycles to this grant program and the third cycle is coming. Councilmember Nawrocki inquired if there will be another public hearing on the Sheffield Area Project. The City Manager responded there wound, but it wound be focused on funding only. a. lt___e~ort of the City_ Mnnn_~er The City Manager's report was submitted in written form and the following item was discussed: SRA Prtmo=_ee~l_ Budeet and Annnal Financial Report: There will be a $100 increase for 1995. b. Reuort of the City Attorney The City Attorney had nothing to Feport at this time. Motion by Pt~rson, second by Ruettimann to adjourn the Council Meeting at 10:10 p.m. Roll call: All ayes Mayor Joscph Stnrdevant Jo-Anne Student, Council Sccrctar~ CITY COUNCIL LETFER Meeting of: 5/23/94 SENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER BM: PUBLIC HEARING - 44TH AVENUE BY: M. Winson BY: (' D. SIDEWALK - TYLER PLACE TO DATE: 5/17/94 RESERVOIR BLVD. · , [ q NO. At the May 9, 1994, meeting, the City Council set a Public Hearing for May 23, 1994, to receive comments from affected property owaers on a proposed sidewalk on the north side of 44th Avenue from Tyler Place to Reservoir Boulevard. Histon/ Th:s issue was originally addressed in a study conducted by Strgar-Roscoe-Fausch, Inc. in 1991. As a majority of the property owners on the north side were against the installation of a sidewalk, the project was dropped. Background information on this study is aUached. In September 1991, a petition was received by the City requesting a sidewalk be installed on the north side of 44th Avenue from Tyler place to McLeod Street. The petition was signed by 11 of the 27 properties on the north side and 8 of the 28 properties on the south side. As there was not a majority of the affected property owners on the petition, staff sent out survey cards to all property owners on 441h Avenue from Tyler Place to Reservoir Boulevard. The results of the survey are: Yes No No response/comment only North side 9 12 8 SoJth side 14 8 11 TOTAL 23 20 19 Costs The installation of the walk, along with conslmction of approximately 500 feet of retaining wall, driveway reconstruction, landscaping, etc. is roughly estimated at between $60,000 and $75,000. This section of 44th Avenue is a Municipal State Aid Street and, therefore, is eligible for funds to construct a sidewalk. In order to have the plans approved by M.S.A.S. and receive funding, the street needs to meet ct~xent M.S.A.S. standards or a variance obtained. The section of 44th Avenue from Tyler Place south to McLeod Slxeet has only 50 fex:t of fight-of-way. M.S.A.S. standards require 60 feet of fight-of-way. Additionally, the vertical curves on 44th Avenue between McLeod and Reservoir do not meet standards. Therefore, in order to be eligible for M.S.A.S. funding, either additional right-of-way would need to be required or a variance obtained. COUNCIL ACTION: CITY COUNCIL LETIER Meeting of: 5/23/94 GENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER O. 6 PUBLIC WORKS 7EM: PUBLIC HEARING - 44TH AVENUE BY: M. Winson BY: O. SIDEWALK - TYLER PLACE TO DATE: 5/17/94 DATE: RESERVOIR BLVD. Continued- Page 2 Additionally, due to the configuration of the road, there is not physically enough right-of-way between Tyler Place north and 997-44th to install a sidewalk. RECOMMENDED MOTION: Move to authorize staff to prepare plans and specifications for installation of a sidewalk on the north side of 44th Avenue from Tyler Place to Reservoir Boulevard; and, furthermore, to apply to M.S.A.S. for a variance in order to receive M.S.A.S. funding for the project. MAW:jb 9~.-301 COUNCIL ACTION: SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION · CIVIL · STRUCI'URAL · PARKING · LAND SURVEYORS SRF No. 0911564 TO: FROM: DATE: SUBJECT: Fred Salsbury, P.E. City of Columbia Heights Kathy Jean Young, P.E. City of Columbia Heights Tim Phenow, P.E/~ Don Demers July 25, 1991 44TH AVENUE NE SIDEWALK STUDY As requested, we have contacted the residents on the north side of 44th Avenue NE from Central Avenue East to house number 1209 regarding the proposed sidewalk improvement. Comments were received both for and against the proposed sidewalk. The following concerns were raised in support of the proposed sidewalk: · lack of pedestrian safety · frequent pedestrian traffic on street · high vehicle traffic and speed The following reasons were given aqainst the proposed sidewalk: · did not want walk on north side--better suited for south side due to existing walk segments on south did not want to lose property for walk construction did not want to lose trees did not want added snow removal did not want additional pedestrian and bicycle traffic closer to homes RECEIVED JUL 2 9 1991 Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 5i~u4~'{ic Works De 612/475-0010 FAX 612/475-2429 Fred S~tlsb~ -2- J%%ly 25, 1991 ~(a=h¥ :Jean Young ~he following ~able summarizes t_he responses of individual property ~wners. rABLE 1: RESPONSES OF OWNERS In No Address Name Favor Opi,inn Aqn!nst L. 4,101 Central Ave. NE Precision Tune !. 9111-44=h Ave. NE Olson Plumbing 3. 9,11-44~h Ave. NE Hat=is & Pauline Shold ~. 949-44~h Ave. NE Brian Handel John Dallow ~. 9!SS-44th Ave. B-E Donald Mc/~illian Sybll Hc/~illian S. 9~7-44th Ave. NE W. Thomas & Ann Willette ?. 9131-44th Ave. NE Irvin & Huriel Sonstegard 3. 997-44th Ave. NE C/larles & Catherine Danielson ). 1311-44th Ave. NE William & Kathryn Burton L0. 1321-44th Ave. NE Donald &Ione Anderson L1. 1025-44th Ave. NE Dyrald & Jeannette Lennox [2. 1031-44th Ave. NE CE & Shirley Van Hat=en L3. 1103-44th Ave. NE John Michael Kr~se L4. 1107-44th Ave. NE Ernest & Mary Jane Lindahl LS. 1111-44th Ave. NE Hark Rumpsa [6. 1121-44th Ave. NE Raymond & Mary Turnwall LT. 1135-44th Ave. NE Dean & Donna Blood ~8. 1201-44th Ave. NE James & Eva McNeil Lg. 1209-44~ Ave. NE John & Sue K~/jda 6 2 13 ~f yoc. reqUire any further information or have any questions, pleue feel ~ree to con=act us. · ~)P/DA D/mdg ~o~J toss, Snc~o re. rnovoJ SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTAllON · CP~L · STRUCTURAL · PARKING · LAND SURVEYORS SRF No. 0881001 TO: FROM: DATE: SUBJECT: Fred Salsbury, P.E., City of Columbia Heights Kathy Jean Young, P.E., City of Columbia Heights Tim Phenow, P.E.~ Don Demers D~D June 20, 1991 44TH AVENUE NORTHEAST SIDEWALK CONSTRUCTION FROM CENTRAL AVENUE TO RESERVOIR BOULEVARD CITY PROJECT NO. 8600 As requested, we have reviewed the 44th Avenue Northeast corridor regarding possible sidewalk construction from Central Avenue to Reservoir Boulevard. The following summarizes our findings: There are many mature trees along the roadway in close proximity to the existing curb and gutter. Construction of a walk on the south side would require the removal of more trees than would construction on the north side. The number of trees removed would depend upon the final alignment. There is extensive landscaping along this roadway. Generally, the houses on the south side of the roadway are closer to the street and therefore have more landscaping, such as flowers, shrubs, fences and stone walls, that would be impacted by construction of a walk on the south rather than the north side of the road. There are several small retaining walls located along the roadway approximately midway through the corridor. Construction of a walk on either side would require removing and relocating some of these walls. A walk on the north would require much more new retaining wall to be installed than would a walk on the south. There are several existing utilities, including power poles and fire hydrants, located immediately behind the curb. The majority of these are on the south side of the road and would require relocation if a walk is constructed. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Fred Salsbury, P.E. Kathy Jean Young, P.E. - 2 - June 20, 1991 There are two driveways on the north side that currently have steep slopes. Construction of a walk on the north could worsen the situation. There is a parking lane on the north side of the road which would serve as a buffer zone between pedestrians and traffic if a walk is constructed on the north side of the road. A walk exists or will exist on the south side from Central Avenue to Tyler Place after the present reconstruction project is completed. Sufficient right-of-way does not exist for even a 5 foot walk immediately behind the curb from Central Avenue to approximately 150 feet east of Tyler Place. In addition to the permanent right-of-way or easement required, temporary easements would be required along the entire corridor in order to construct the walk on either side. We have summarized below the approximate impacts to the existing features by constructing a walk on either the north or south side. Feature Remove trees Remove hedges Relocate power pole Relocate hydrants Steep drives Remove and relocate fence Reconstruct Steps Construct retaining wall North South 1 10 25 Lin. Ft. 100 Lin. Ft. 6 17 1 3 2 ---- 45 Lin. Ft. 90 Lin. Ft. 30 Ft. 10 Ft. 1,900 Sq. Ft. 750 Sq. Ft. Fred Salsbury, P.E. Kathy Jean Young, P.E. - 3 - June 20, 1991 Based on these findings, if a walk is to be constructed, we would recommend the walk be constructed on the north side of the road. Because of the close proximity of several homes along the corridor and the numerous landscape features, we have assumed the walk would best be constructed immediately behind the curb between Central Avenue and McCleod Street. Between McCleod and Reservoir Boulevard sufficient right-of-way exists to locate the walk further back from the curb and minimize impacts to trees and other features. The basis of our recommendation to construct a walk on the north side is as follows: Minimize tree loss and disturbance to existing landscaping. Minimize conflicts with existing utilities. · Maximize safety by allowing buffer zone between traffic and pedestrians. If you require any additional information or have any questions, please feel free to contact us. TDP:bba CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 FILE COPY Mayor Edward M. Carlson C ~uncilmembers Scan T. Clerkin B-uce G. Nawrocki Gary L. Peterson R ~bert W. Ruettimann July 23, 1991 Dear Owner/Occupant: The City Council had the engineer on the 44th Ave. project contact and visit with the property owners along 44th Ave. on the north side of the street concerning the possibility of a sidewalk. Preliminary results of the survey conducted with the property owners indicate 11 opposed to the sidewalk, 5 in favor of the sidewalk and 3 that could not be contacted for the survey. As a result of the survey, the City Council has decided that they will not proceed with a sidewalk on 44th Ave. at this time. If you have any questions, please give me a call at 782-2882. Sincerely, Director of Public Works/City Engineer FVS:jb 91-504 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER w .here has been a '~tro~ ~n~erest by the residents of ddkh. in putting a sidewalk on ddth. ave N.E. from Tyler to McLeod The location of the sidewalk will be done on the north side. The mayor has stated the city must put in a sidewalk if 50% of the residents sign. In conclusion , we the undersighned are in favor of the proposed sidewalk on the north side of 44th. ~ ' _ ..... m retest by the ~esl .... o McLeo&'-~/- I ,~ / ~, .... ~as been a SL/o--~ --~ ..... ~, E from Tyl~ t ~ ~ '~t~i~g a sidewalk on 44tn-a~= ~,. ' . The location of the sidewalk will be done on the north side. The mayor has stated the city must put in a sidewalk if 50~ of the residents sign. In conclusion , we the undersiGhned are in favor of the proposed sidewalk on the north side of 44th. NAME ADDRESS There has been a strong 9nterest by the residents of 44th. in putting a sidewalk on 44th. ave N.E. from Tyler to McLeod The location of the sidewalk Will be done on the north side. The. mayor has stated the city must put in a sidewalk if 50%- of the residents sign. In conclusion , we the undersighned are in favor of the P FROM PM H AREA CODE O ~ .o. N /o14, E /~..//~.~.~ ~' O~ Sl~~ RECEIVED MAY 1 6 1994 Public Works Dept. CITY COUNCIL LETFER Meeting of: 5/23/94 ,GENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER [O. 6 PUBLIC WORKS /. ~ . ['EM: CONTINUATION OF PUBLIC IMPROVEMENT BY: M. Winson BY!'-,.' --' [O. HEARING: EROSION CONTROL ON EAST ,., DATE: 5/20/94 DATE: BANK OF LABELLE PARK At the May 9, 1994 Council Meeting, the Public Heating was continued to May 23, 1994, with the staff directed to research the legality of the affected property owners, providing the City with a "hold harmless" agreement with regard to the condition of the East Bank of LaBelle Park. Staff has developed a concept in which the property owners would agree to provide the City a "Slope Erosion Protection" e~ment along the property lines adjacent to LaBelle Park slope. By providing the easement the property owner is agreeing to take the no:essary actions to prevent erosion caused by mn off from their property and that any improvements they make within the easement will be approved by the City.. The City agrees to provide the property owner with technical assistance in constructing these improvements. B~' having this agreemem being a part of an easement, the agreement is Iransferrable to future owners of the property. At the time of preparation of this Council Letter, staff is still awaiting an opinion from the City Attorney's office with regard to the legality and applicability of this easement. It is anticipated that this opinion will be available by the time of the Council meeting on May 23, 1994. P~iCOMMENDED MOTION: Move to authorize the Mayor and City Manger to execute Slope Erosion Protection Easement Ag~ements with the Property Owners along the East Bank of LaBelle Park. COUNCIL ACTION: R E S O L U T I O N NO. 94 - BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights on the 24th day of January, 1994 and on 8th day of February, 1994 ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 21st day of March, on the 25th day of April, on the 9th day of May, and on the 23rd day of May, 1994, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the location and extent of such improvements is as follows: Installation of erosion control materials on the east bank of LaBelle Park from 1207 to 1355 Circle Terrace Blvd. Work would include clearing of debris and underbrush and selective cutting of trees, fencing, seeding with low maintenance shade-tolerant vegetation and installing an erosion control blanket. 2. That the materials to be used are as follows: Fill as needed, fencing, vegetative cover, and erosion control blanket. That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, which be deemed benefited thereby, were properly notified of said hearings, and That the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. That the City Manager shall proceed with the improvements, or portions of the improvements as stated herein. 6. These improvements shall also be known as P.I.R. #898 - Project 9103. That the administrative and engineering costs will not be part of the assessment but will be paid by the City. Passed this 23rd day of May, 1994. Offered by: Seconded by: Roll Call: Secretary to the Council Joseph Sturdevant, Jr., Mayor CITY OF COLUMBIA HEIGHTS Public Works Deparunent TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WINSON d~''') PUBLIC WORKS DIRECTOR/CITY ENGINEER LABELLE EAST BANK EROSION CONTROL PROJECT MAY 11, 1994 I have reviewed the memorandum from the City Attorney's office dated May 6, 1994, regarding the hold harmless agreement for the LaBelle East Bank Project. It would appear that although the City could obtain "hold harmless" agreements from the individual property owners, it would be very difficult to create a covenant that would be passed on to future owners. I have attached a copy of an agreement to "hold harmless" the City that was recorded by the County with the property for the construction of a retaining wall across an easement for City utilities. The difference with this agreement is that there was "consideration" that could be given or exchanged. With the LaBelle Erosion Control Project, the City and the property owners could enter into an agreement in which the property owners would grant the City a slope erosion easement (a slope erosion easement would be defined as an area in which, due to the existing topography of the land, erosion could occur), and further agree that any improvements made by the property owner in that easement would have to be approved by the City, i.e., retaining walls, etc. In consideration for the granting of the agreement, the City would pay the property ($17) and/or agree to not enforce the City Ordinance with regard to drainage and runoff, (9.117(6)), copy attached. I would think that this agreement could be recorded with the County and applied to future owners. There are a couple of problems with this concept. Should the City forego its ability to enforce the Ordinance, should the City pay the property owners for an easement that is being obtained to correct a problem that is caused by their failure to be in compliance with the Code (in reality not all the properties are currently in violation), and will all the affected property owners sign such an agreement? I have attached a rough draft of a sample agreement and by copy of this memo, request that the City Attorney's Office review the legality of such an agreement. Memorandum to Patrick Hentges May 11, 1994 Page 2 " The other path the City could follow on this project is to deny the project based on the objection of a majority of affected property owners. The property owners could be asked to sign a statement indicating their objection to the project as proposed, thus creating a record of this objection. Based on the City Attorney's opinion of legislative immunity, this would wholly or partially absolve the City of responsibility as the problem erosion is being caused primarily by runoff from the property owners. I would then suggest that the Council request that staff develop a set of performance standards for each of the properties along the slope and pursue compliance with the drainage ordinance. I would also suggest that the City pursue a project in which fencing is installed along the lower side of slope and stairway to provide a level of protection to the slope from foot traffic and repair the more serious erosion areas on the slope. I believe this would indicate that the City has taken steps to prevent acceleration of the erosion problem and clear the question of the City not taking any action after acknowledging that there was a problem, as mentioned in the last paragraph of the City Attorney's memo. MAW:jb 94-291 Attachment 9.117(4) 9.117(5) Maintenance In all areas, a11 structures, parking and storage areas, landscaping and screening, shall be maintained so as not to be unsightly to the adjoining areas. Glare In all areas, glare of a flickering, flashing, rapidly varying or intermittent color or nature, or of an intensity of steady illumination exceeding three (3) foot-candles at the boundary of the site, directed onto adjoining properties or onto a public street in such a manner as to impede safe pedestrian and vehicular traffic shall be considered a nuisance and shall not be permitted, except that the definition of nuisance shall not be limited there- 9.117(6) Drainage No land shall be developed and no use shall be permitted that results in water run-off causing flooding, or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, water course, ponding area or other suitable facility. 9.117(7) Radiation and Electrical Emissions No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. No electrical disturbance (except domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such dis- turbance. 9.117(8) Open Storage Wherever an open sales lot or open storage is permitted use, the material shall be so arranged that aisles of sufficient width to accommodate emergency vehicles exists and are ppen so as to permit access to all material at a distance not to exceed twenty-five (25) feet. 365 DOCUMENT NO. AGREEMENT THIS AGREEMENT· made and entered into as of this j~7 ay of/~Fl t/.' 1990, by and between LARRY D. and MILLIE A. KEWATT, the party of the first part, and the CITY OF COLUMBIA HEIGHTS· MINNESOTA· party of the second par_t, hereinafter called "CITY". WHEREAS, LARRY D. AND MILLIE A. KEWATT are the owners in fee simple of a parcel of land legally described as follows: The North 140 feet of the East one-half of Lot 17, except the North 5 feet, Block 3, Reservoir Hills, Columbia Heights, Anoka County, Minnesota. WHEREAS, CITY has an easement for all public purposes in, over, 'upon, under and across the South 30 feet of the East one-half of Lot 17, except the North feet, Block 3, Reservoir Hills, Columbia Heights, Anoka County, Minnesota; WHEREAS, CITY has an easement for all public purposes in, over, upon, under and the West 20 feet of across the East one-half of Lot 17, Block 3, Reservoir Hills, Columbia Heights, Anoka County, Minnesota; WHEREAS, LARRY D. AND MILLIE A. KEWATT are desirous of erecting a 5 foot retaining wall which will lie completely upon the West 20 feet of the North 140 feet of the East one-half of Lot 17, except the North 5 feet, Block 3, Reservoir Hills, Columbia Heights, Anoka County, Minnesota; and WHEREAS, it has been mutually agreed upon between the parties hereto that LARRY D. and MILLIE A. KEWATT shall have the right to lay and construct the retaining wall in and upon said easement property of the CITY for the con- sideration hereinafter expressed. -1- NOW THIS AGREEMENT, WITNESSETH AS FOLLOWS: 1. That LARRY D. and MILLIE A. KEWATT hereby covenants that they, their heirs and assigns, in excavating for, building, laying, maintaining and repairing said retaining wall, will do as little damage as possible to the said easement property of the CITY, and will make good on all such damage, and will restore the said premises so far as possible to'its present condition to their and the CITY's reasonable satisfaction. 2. LARRY D.. and MILLIE A. KEWATT agree that if they place a retaining wall on said easement property of the CITY, they do so at their own risk, and they hereby waive for themselves, their heirs, successors and assigns all claims for damages for injury to such property in those areas occassioned by the operations of CITY to repair or replace the utilities in said easement. IN WITNESS WHEREOF, LARRY D. and MILLIE A. KEWATT have caused this Agreement to be duly executed and the CITY has hereunto set its hand and seal the day and year first above written. , )° IN THE PRESENCE OF: WITNES~/~y/ L 1 LARRY D. ~ATT MILLIE~ A. KEWATT -2- NOW THIS AGREEMENT, WITNESSETH AS FOLLOWS: 1. That LARRY D. and MILLIE A. KEWATT hereby covenants that they, their heirs and assigns, in excavating for, building, laying, maintaining and repairing said retaining wall, will do as little damage as possible to the said easement property of the CITY, and will make good on all such damage, and will restore the said premises so far as possible to- its present condition to their and the CITY's reasonable satisfaction. 2. LARRY D:. and gILLIE A. KEWATT agree that if they place a retaining wall on said easement property of the CITY, they do so at their own risk, and they hereby waive for themselves, their heirs, successors and assigns all claims for damages for injury to such property in those areas occassioned by the operations of CITY to repair or replace the utilities in said easement. IN WITNESS WHEREOF, LARRY D. and MILLIE A. KEWATT have caused this Agreement to be duly executed and the CITY has hereunto set its hand and seal the day and year first above written. IN THE PRESENCE OF: WITNES~/~ ~ · -2- CITY COUNCIL LETTER Meeting of~ March 26~ 1990 IAGENDA SECTION= NEW BUSINESS I ORIGINATING DEPARTHENT= I CITY MANAGER INO.= 9 I CI Y AGER'SI [ITEM,.r. I IDAT I ! Attached is an agreement prepared by the City Attorney and signed by Mr. and Mrs. Larry Kewatt which would allow for the continued existence of a five foot retaining wall on City easement. The purpose of the agreement is to make known that the Kewatt's w£11 be financially responsible for any damage or changes made to the retaining wall as a result of the City pursuing access to the utilities placed in the easement. In addition, this agreement would be approving a five foot retaining wall which is in excess of what is presently allowed by our ordinance. As a point of information, the Kewatt's erected the retaining wall without applying for a permit or seeking approval for the location of the retaining wall. Although an application has been received for the building permit, the Butldiug Inspector has not issued the permit subject to an agreement being executed which would allow for the retaining wall to remain within the easement area. In light of the situation and the amount of investment already made, the City Manager is recommending that the Council authorize the Nayor and City Hanager to execute the proposed agreement. However, the agreement should be on the basis that the Kewatt's will purchase a building permit and that the agreement is filed in the property records at Anoka County. By so doing, any future buyers or successors will have notice that the structure is located within the easement and that they will be assuming financial responsibility for the retaining wall. As an alternative to execution of the proposed agreement, the City could deny the request and require the property owner to remove the structure. On the basis of our past experience, ~he City Nanager would recommend against this alternative. P. ECOHNENDED NOTION: Noved and seconded to authorize the Nayor and City Nanager to execute an agreement with Hr. & Hrs. Larry Kewatt regarding the placement of a retaining wall on City easement subject to payment Of appropriate permit fees and subject to the owners, heirs, and successors' assumption of all financial risks. COUNCIL ACTION IN THE PRESENCE OF: ~ITNESS wI~rNESS I" // THIS INSTRUMENT WAS DRAFTED BY: Ronald S. Kalina City Attorney for the City of Columbia Heights 4111 Central Avenue NE Suite 102 South Columbia Heights, MN 55421 (612) 789-9000 CITY OF COLUMBIA HEIGHTS, a Municipal corporation EDWARD M. CAR[S13N, MA)FUR ROBERT S. BOCWIN~KI, CITY MANAGER STATE OF MINNESOTA) ) SS. COUNTY OF ANOKA The foregoing was acknowledged before me this/9 day of 1990, by LARRY D. KEWATT and MILLIE A. KEWATT,--~ties of 'th'e first part. ~ ~ ~mum~ ~ ~OTARY PUBLIC STATE OF MINNESOTA) The foregoing was acknowledged before ~ ~is~day of 1990, by EDWARD M. CARLSON and ROBERT S. BOCWINSKI, the ~YOR and CiTY ~NAGER, respectively, of ~e CITY of COLUMBIA HEIGHTS, a ~nicipal corporation under the laws of Minnesota, on behalf of the City, party of the second part. ~.,GENDA SECTION: CITY COUNCIL hETTE~ , Heeting of: NEV BUSIHESS J OR/GINATING DEPARTed: Hatch 26, 1990 Attached is an asreement prepared by the City Attorney and si~ned by Hr. and Hrs. Larry Kewatt which would allow for the continued existence of a five foot retaining wall on City easement. The purpose of the agreement is to make known that the Kewatt'e will be f~nanc~ally responsible for 'any damage or changes made to the retaining wall as a result of the City pursuing access to the utilities placed in the easement. In addition, this agreement would be approving a five foot retaining wall which is in excess of what is presently allowed by our ordinance. As a point of info~mation, the Kewatt's erected the retaining wall without applying for a permit or seeking approval for the location of the retaining wall. Although an application has been received for the building permit, the Buildin~ Inspector has not issued the permit subject to an agreement being executed which would allow for the retaining wall to remain within the easement area. In light of the situation and the amount of investment already made, the City Hanager is recommending that the Council authorize the Hayer and City Hanager to execute the proposed agreement. However, the agreement should be on the basis that the Kevatt's viii purchase a building permit and that the agreement is filed in the property records at Anoka County. By so doing,' any future buyers or successors will have notice that the structure is located within the easement and that they will be assuutng facial responsibility for the retaining vail. As an alternative to execution of the proposed agreement, the City could deny the request and require the property owner to remove the structure. On the basis of our past experience, the City hnager would recommend against this alternative. RECOHHEHDED HOTION.' Hewed and seconded to authorize the Hayer and City Hanager to execute an agreement with Mr. i Hrs. Larry Kevatt regarding the placement of a retaining wall on City easement subject to payment Of appropriate per~it fees and subject to the owners, heirs, and successors' assumption of all financial risks. COUNCIL ACTION: L DRAFT AGREEMENT THIS AGREEMENT, made and entered into as of this ~ day of ,1994, by and between (property owner) , the party of the first part, and the CITY OF COLUMBIA HEIGHTS, MINNESOTA, party of the second part, hereinafter called 'CITY". WHEREAS, (property owner) of a parcel of land legally described as follows: are the owners in fee simple (property description) WHEREAS, City desires to obtain a slope erosion protection easement, (slope erosion protection easement for the purpose of this agreement is defined as an area in which, due to existing topography, soil condition or runoff patterns, special measures must be taken to protect the areas within the easement and adjoining properties from erosion) in, over, upon, under and across (easement description); WHEREAS, (property owner) are desirous of protecting their property from the effects of erosion and recognize that their actions or inactions, can and will have an effect on their and adjoining properties; WHEREAS, City has or will offer technical assistance to (property owner) with regard to improvements in the slope erosion protection easement that will mitigate the effects of erosion. NOW THIS AGREEMENT, WITNESSETH AS FOLLOWS: (Property owner) agrees to grant the aforesaid slope erosion protection easement to the City. (Property owner) hereby covenants that they, their heirs and assigns, will not undertake any improvements within the slope erosion protection easement as previously described without the approval of the City of the design and construction of said improvements; (Property owner) hereby covenants that they, their heirs and assigns, will hold the City harmless for damage to their property and possessions that is caused by the action of runoff from their property. City agrees to provide (thc party of thc first part) with technical assistance in thc design and construction of improvements undertaken by the party of the first part with the aforesaid slope erosion protection easement. IN WITNESS WHEREOF, (Property owner) caused this Agreement to be duly executed and the CITY has hereunto set its hand and seal the day and year first above written. IN THE PRESENCE OF: Wimess (Property Owner) Witness (Property Owner) IN THE PRESENCE OF: CITY OF COLUMBIA HEIGHTS, a Municipal Corporation Wimess Mayor Wimess City Manager CI~Y C00NCIL LFFf~ Heet~n$ of; Hay 23, 199~ AG~A S~.CTION~ ORDINANCES & ~ESOLUTIONS ORIGINATING DEPARTMENT: CITY ~NA~E~' S ~[ ~PROV~ NO 6 , ~ IT~, ACC~ ~S~OLD COOP. T~ ,TA~S BY, P. ~ES BY, ~~~ NO~] 6. C. . DA~ 5-19-94 DA~s .&parl .&t ~J a hol :llmember Jolly arransed a =eet~ns between ACCAe of 1 :uss [deration of the Leasehold Cooperative Desi~nation of 3932 Central Avenue (Theatre Helehts ~ents). As ~e Co~c~l recalls, no effective action was t~en on th~s ~tem at the last mS as a n~ber of notions were not 8usta~ed as a result of a 2-2 deadlock vote. ~e meet~s, ACC~ presented a ~rther clarif~cat~on on the use of f~d~s obta~ed from lestead t~ desk,at,on for the project. AC~ emphasizes ~at ~ny of the hprovements to b~ ~dert~en are itens t~t will be ~ need of event~l replacement ~der the C~ty'f Hou8:~S h~te~ce Code. Further, ACC~ e~la~ed the f~c~s st~cture for ~e build~s. ~p t,) th~s po~t, ~e actual sources of f~d~S for ~e project were not entirely clear to C~ty officials. ~e ])as~c ~ssue ~der consideration by the City Co~c~l ~o a f~d~nS of fact t~t the proposed proJ,~ct ~s consistent w~th all of ~e follow~S f~d~ss w~th~ state law: L) ~t the ~r~t~ of the homestead treatment of the 22-~t apartment build~s will facilitate safe, cle~, affor~ble h~s~S for the cooperative members t~t would othe~se not be available absent the homestead des~at~on for ~s property; ~at ACC~ has presented ~fo~at~ satisfacto~ to the Col~b~a Heishts City Co~cil show~s that the 8av~ss sabered from the homestead des~tion of the ~t8 will be used to reduce the tenor's rents or provide a level of fu~sh~ss or ma~ten~ce not possible absent the des~at~on; ~d ~) ~at ~e requirements of parasraphs (b), (d), ~d (~) of H~esota Statutes Section 273.124, Subd. 6 have been net by ACC~ (see attached copy of State Law); and ~at the Hayor and C~ty ~aser are d~rected to enter ~to a development contract (as attached ~ibit A) resard~8 the operation of the leasehold cooperative located at 3932 Central Avenue. If ae Cocci1 ~s ~com[ortable with the ~fo~atton or does not ~derstand the ~pact si the project, ~ alte~at~ve ~s to refer th~s ~tter to work session or essentially take no action on the ~tem ~t~l the ~fo~at[on ~s properly presented by ACC~. Of course, there ~s some obl~sat~on on ~e part of ~e City to advise ACC~ as to what ~fo~at~ needs to be claE .f~ed. ~CO~~ ~OTION: ~ove to wa~ve the read~s of the resolution, there be~S ample cop~es available to ~e public. I~ATI~ HOTION: H~e approval of Resolution 94- , Resolution of ~e City Co~cil of the C~ty of Col~b~a He~ts Gr~t~8 Homestead Classification to ~e Property Located at 393~ Central Avenue ~d Au~or~zat~on to ~ter ~to Development Contract Resard~8 the S~e. ~ATI~ HOTION: Hove to deny homestead classification to the property located at 3932 Cent ral Avenue, as ~fo~ation ~s ~dequate. ~T~ATI~ HOTION: Hove to table ~solut~on 94- , Resolution of ~e C~ty Co~cil of the O~ty of Col~bia He~ts Gr~t~8 Homestead Class~ficat~on to the Property Located at 3932 Central Avenue ~d Au~or~zation to ~ter ~to ~velopnent Contract Resard~s the S~e, ~d ref;:r d~scuss~ to work session of ~es~y, hy 31, at 7 P.H. ~ATI~ HOTION: T~e no action on the resoluti~; however, specify to ACC~ what ~f;,mt~on needs to be further clarified. ACTION= RPY~OLUTION 94- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS GRANTING HOMESTEAD CLASSIFICATION TO TIlE PROPERTY LOCATED AT 3932 CENTRAL AVENUE AND AUTHOI~IT-ATION 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: (1) 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) (3) 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 That the requirements of paragraphs (b), (d), and (i) of Minnesota Statutes Section 273.124, subd. 6 have been met by ACCAP. (4) 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 Sturdcvant, Mayor Jo-Anne Student, Secretary to the Council ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · TTY 783-4724 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, 1994 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. 1. 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 establish a reserve for replacement fund. As you are aware, thc 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. [! as if it were homestead sidenee; the ad valorem property structure; d a land lease; and and/ag 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 :tescription or number, ment under this subtit- led, nor more than 80 ngs containing several respective units corn- s subdivision, the cor- !ag a right to occupy a n. A charitable corpo- ~e exempt thereunder th respect to member idential participation trfactured home parl~ · 308A, and each per- is entitled to occupy ~omestead treatment t by legal description : nd for each home- I as if it were home- et: nee; ~d valorem property :lure either directly, 8A is wholly owned m or association. :a with no outstand- 01 (c){3) tx-exempt talents ofthe manu- entitling them to g several dwelling lting as a nonprofit ; under which they classification must sessed in the man- orations. g several dwelling fchapter 80D and eats with persons 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 classificationshall be given to each unit ~o 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 ~ubject to the provisions of chapter 317A and qualifying under section $01(cX3) or $OI(cX4) 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 cimperative 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 308A and all vot- ing members of the board of directors must be resident tenants of the cooperative and must be elected by the resident tenants of the cooperative; t_(b) _1~ e_. ,coo!~t..ive assoc~a.t, zo.n must hav.e a lease for occupancy ofthe ro n for ,ttzl ulai least ~'u ears w ' · · · · P .pc Y Ia. ...... Y , mcu permlts the cooperative assoctatlon, while not in A.(leIault on me lease, to participate materially in the management of the property. [lincluding material participation in establishing budgets, setting rent levels and hl ' ~and supervising a management agent; ' , 'ring ~-'-(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 if the owner proposes to sell it; if the cooperative association does not purchase the Property it is offered for sale, the owner may not --ubsequently sell the property to another purchaser at a price lower than the price at which it was offered for sale lo the cooperative association unless the cooperative association approves the sale', (d) a minimum of 40 percent ofthe 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(d){2}(B) of the Internal Revenue Code of 1986, as amended through December 3 I, I991. For purposes of this clause, "member income' means the income ora member e~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 501(cX3) or $0I(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 sufficient powers so that it materi- ally participates in the management 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 pannership 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 ora building was occupied on the 60th day prior to the date on which the unit became leasehold cooperative property described in this subdivision, the notice described in paragraph (0 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 273.124 TAXES; LISTING, ASSESSMENT 1096 cooperative property. For purposes of the notice under this parngraph, 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 the document. Copies of the articles of incorporation and certificate of limited partnership shall be filed with the secretary of state ~ter the expiration of the 60-day period unless the change to le~ehold 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 thc building or interest rate write-downs 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 through December 31, 1991, the proceeds of which are used for the acquisition or rehabilitation of the building; (3) pro.'ams under section 22 l(dX3), 202, or 236, of Title II ofthe National Hous. inz Act; (4) rental housing pro.am funds under Section 8 of the United States Housin~ Act of 1937 or the market rate family ~raduated payment mortgage prngram funds administered by the Minnesota bousing finance a~ency that are used for the acquisition or rehabilitation of the building (5) iow-income honsing credit under section 42 of the Internal Revenue Code of 1986, as amended throngh December 31, 1991; (6) public financing provided by a local government used for the acquisition or rehabilitation of thc buildin& including grants or loans from (i) federal community development block ~rants; (ii) HOME block ~rants; or (iii) residential rental bonds issued under chapter 474A; or (7) other rental housing pro.-am funds provided by the Minnesota housing finance agency for the acquisition or rehabilitation of the buildin~ "-' 0) at the time of the initial request for homestead classification or of any transfer of ownership of the property, 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 ~ranting of the homestead treatment of the 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 governins body showing that the savings ~rnered 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 thc requirements of pa~q~raphs Co), (d), and (i) have been met. Homestead treatment must be afforded to units occupied by members of the coop- e~tiv, e.association, and the units must be assessed as provided in subdivision 3, pro- v~cieo ma.t any umt 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 t_his sub- division. Subd. 7. Le~ed Imildi~ or ~ For pu~SeS of class 1 determinations, home- (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; Co) all buildings and appurtenances located upon land owned by the oCCUpant and used for the purposes of a homestead tngether-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 ~ the property;, (3) the occupant I~ and nppurtenances; ' (4) the term of the (5) the occupant hl Any taxpayer mee county ass~sor, or tile: section 273.063, in wri' occupying the buildin~ Subd. 8. Homestea ily farm corporation an lb under section 273.1," homestead occupied by actively engaged in fao Homestead treatment a poration or partnership corporation" and "fnmi the number of allowal~ exceed 12. (b) In addition to~l by corporations or partr tural land and occupie~ engaged in fnrrnin$ on' as class 2a property or n graph (b), but the prolx land surrounding the he the use of the dwelling. be located on it. Subd. 9. Homestes used for the purpose ot the purpose of a home~ Any taxpayer meet. a~q~Or, or the ~ 273.063, in writing, pri~ this subdivision. The a' that is partially homes~ stead by June I of a ye The county assessc their assessment and tn, vided in this subdivisic If homestead classi will classify the proper payable in the followin[ this subdivision, which entitled to receive home 375.192. The county assessc county no later than Ju ment to file an applical Subd. 10. Real est chased for occupancy a. chaser is prevented fror by reason of federal or by ~n~ ~ecween the City of Colu--~ Hoigh~- ("Ci=y")', ~-~ Anoka County ~ommun£~y A~Lion Program, Inc., a Minn~ao~a uorpora~io~ ("~veloper") · WITN~SSETH ~ ~, the Developer i~ =h~ owner o~ ~2-unit a~art~nt bulling locata~ =t 3932 Central Avonu~ in C~lu~ia Heights, Mi~ oo= , which h~ - legal ~osuriD=ion o~ ~s 12, 13 Biook 62, .Colu~ia Hsi~h=~ ~ex to Mi~ea~li., ~ok~ Mi~ggOCa", ~okm Count~, ~R~, the ~velo~r i~ n~fit co~ration with ~~, =h~ Ci[y o~ Colu~i~ Hei~ht~ ~o a high ~rcen~ge of elderly ~ersons 1lying wi=bin the ci=y =he= ~ve low to .income that need g~d affer~bl, housing. ~~, Ni~ ~o= 8=a:ut~ section 273.124 (6) provide~ t~t Minne~ota nonprofit oo~rat~on c~ receive homeetead treatment for a property that hi %=asehol~ est~lished. The ~vel~ar it a~emp~ing to obtain homestead ~~, Minnesot~ Statut~ Section 27~ .124 (6) (J } provides looa=ed ~us= hold a p~liC hearing and ~e certain fi~inga. ~, :he City ~. agreed ~ it will make thoue f~n~ingS pursuant to th.. statute [~ the Dev,~lo~r agree to ~he ~ellewing~ 1. That the Developer will limi~ =h,. housing wi=bin ~. ~a~ the ~vel~r will giv( righ~ o= zi~ =efusal to price on uonvenient 3. That the De,loper will ~k~ &mp~vom~c or ~duc~ rent with th, ~nie t~t it ie ~vlng by rooeiving the h~est ~d t~ t~eatment. NOW, ~F~R~, in consideration o= the mutu=l covenants expreL ed heroin, it £, horoby ngreed ~s followu~ Illlll~, ~ e. b"TEFFEN LI~ + 98347~! TO 97Et22E~1 P. 03 NO, 456 That th~ Developer and the City agree that the current residents o£ the building shall be a11o~ed to stay and becom~ ~e~ers of the cooperative. That future ~e~bers o~ the cooperative should be limited to a 9~oup consis~Lng of any por00n over cha age of SO and/or any person wt~h & physical disab~lLty. That the Developer shall, as pa~ o£ the Nasttr I~&se with ~he coopera21veassociation, en~e~ ~nto an agre~men~ with abe cooperative assocLa~/on all~w&n~ £u~ ~h~ purchase o~ the property b~ the cooperative undmr the ~ollo~n9 tere~: For ~he su~o~ ~he Developer's oos~ ~o purchase ~he proper~y, plus o~er cash deficits ~u~ed by the ~vel~r, lois oa0h w~h~a~ ~he ~el~er. ?hat the Developer agrees tha~ the savings garnered by the receipt o£ homestead ~ax treatment o~ ~hLs prop~r~¥ shall I~J usodnLOdmake le~roveme~s on the p~oper~y or reduce ren~s, to keep the property ma~ntained ~n a high standard. Upon the~r~enreque$~ o~ ~he C~¥, the percent (50%~ to providing additional fund~ for renov&tion and f~£:yp~rcont (S0t) to reducing the rent o: qua~fied seniors and d~eabled ras£dents. o£ the part&em. o~ and executed :by Cb para,.es here~:o on t.h:Ls day i ATTIST= ~ity Cle£k CITY: CTTY OF COLU~BIA HEIGHTS DEV~P~K ~ ACTION PP~)GRAM, ~NC. Mar 2~, 19~4 12:08PM ~ROM N0,456 ~ S%'AT~ OF MINN~SOT~ ) ) COUNTY OF ) The foregoing instrument was acknowledged before me thi~ day o~' ,,, 199,', hy an~ _, the Mayor and. ~ity Cla=~ O~ e.h~ Ci=y of ~l,,mhi' Hoight~, a ~ -- ., on behalf o~ th( ............ · ~TAT~ OF MIN~SOTA ) COUNTY OF ) The ~orego£ng instrument was ~cknowledgo~ before me :his __ day of .._ , '=h~ ' ~oka Action Pr~ram, Inc.. ~ the co~ation. Notary ~ubl~c THIS INgTRUM~ WAS DRAFTED BY: 1994 Aomessed Value o£ build£ng Budget £oz pl&~ad r~ovetton i~ximm~ increase in budget possible M~ r~ovation burst wi~h h~entead t~ion T~ savings realized ~vail~le fo~ d~k servtc~ (d~ coverage 1.15) Additional debt possible with reduced taxes or Additional debt possible and Additional reduced rent for seniors and disabled $328,200.00 9150,000.00 S S0,000.00 6200,000.00 11,421.67 4. :2'7~8.00 7,143.67 1.410.21 5,733.45 4,98S.00 $ 49,8S0.00 27,940.00 2,520.00 ~/d~ ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 o Phone 783-4747 · FAX 783-4700 · TTY 783-4724 ;4} ~,,=~ 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 COLL: ....... ' ;'~'S $337,000 150,000 45,000 5.000 $537,000 Revenue HUD Rental Rehabilitation Grant Loan MFHA 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 all leasehold cooperative tax savings into proposed building improvements. AN EQUAL OPPORTUNITY EMPLOYER 1201 89th Avenue NE Suite 345 Blaine, MN 55434 Phone 783-4747 FAX783-4700 TTY783-472~ RENT STRUCTURE Theater Heights 3932 Central Avenue NE Columbia Heights, MN blay 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 9782280[ p.~ ~ CITY OF COLUMBIA HEIGHTS · .' ..... '" " ~'~ ~ Ave::N,"~.' ' ' "'"'~"'":'.'""'"'""=' .......... "' .... "' ...... : ..... -:~(e12) 7a8-IJR~.l :":: .... : .... ~'" _1..~..,~..~.'~-'........~.~.. , .',..: ..... ~,.~, . ..~ :~I~4:.: ; ,~.,~','-.~,~.., .,~,,.',..,:-. "SERVICE IS OUR BUSINESS" 3932 Central Ave, 35 30 24 41 007) T:.es Pa.yable 199~_ $ 5,902.q6 SCHOOL 2,G01.4G COUNTY 1,992.43 CITY 11,138.49 TOTAL The above estimated taxes payable Taxes Payable In 1993 ~nd 1994 ~re Title !1 Estimated Payable 1994 Tax $ 6,070.95 2,624.53 2,254.72 Il,h21.&7 In 1994 are based on a value of $)28,200 of which $2B2,$00 is at Title II rat. and~5,600 Is at apartment rate. If the value of $328.200 w~s taxed at the apartment rate, the ESTIHAT£D tax payable In 1994 would be: SCHOOL $ 7,263.29 COUNTY CITY 2,697.5q TOTAL 13,664.89 ESTIMATED if th, v, Jut of $328,200 was t~xed at the homeJteaded v~lu~ because of each of the unlt~ met the qualification of cooperative membership ond Income, the £STIHATED t,x payable ~ould be $~,278. Other Tltl~ 11 properties In thls City are: The Boulevard, Royce Place, Heights Mannor, and Peters Place . TO .q"~22881 3932 CENTRAL Date Builtz ~roms building: Onsite parkings ~eecriptiont 19S9 (35 years old) 22, x1 e£ficiencies and X1 one bedro~u 26,600 aY 1~ ~co~&re~ off street back. Renovation Scopez Replace roof Overlay parking lot with 2" of asphalt Add landscaping Build trash dum~ster enclosure Provide mini blinds throughout Replace appliances as necessar~ Replace floo~ coverings es necessary Repaint and decorate all units and hallways Repair batl~oo~ tile and tub enclosures Update plunb~ng, electrical, and heating Install new fare ra~edunit entF¥ doors Additions, Xnslell longer life roof Replace retaining wells, not repair Construct concrete block dumpster enclosure Modify lower level 20 be wheel chair accessible and add an office/meeting room Replace all appliances and floor coverings Replace all countertops and ~lcchen sin]cs Tnstall bat~o~ e~humt fans to vant~is~ure TO 97B22BO1 P.OB 3932 CRN~R~ AVE OTHER CALCULATIONS AND ~SgUMPTIONS Inareasee =enovation and rent roduction~ Reduation in rent 1,.~ caretaker of $120 Net incruu = in NOI Additional dob~ po, ~£bl,_ 5,733.t5 2,520.00 3,213.3S 27,940.00 Rent reduction of $10 per unit x 12 month~ x 21 units ~o re~t reduction ~or ri ~ident manager's unit $ ~.520.00 Debt .upum~ions, interest rat_ amortization debt coverage 20 y~ o.r~ or' 25 yoar~ 1.15 ) ~m. CO~ O~ ~'OXA ) P&trLck McYarland, being duly suorn, on o~h mtm~ee me follows: 2. That he ~s the ax&cut,va Director o£ Anok& County )(~meaot& Statuteo 8eotion 373.~2&, lubd. Sa(m). Columbia Heights, Minnesota. 4. That ACCAP hal applied to both the County of AnoVa and ~BeC~t¥ o~ Co~umbL& Ko,ghee pursuant to ~inneoota Statu~e$Section 2'73.~, subd. ~ Esr homeetee~ t~eatment for ~t~ D~o~olsd leasehold cooperative on this 3932 Central Avenue property. X~orney and to the City Council for the CLtyo£ Columbia He~ght$ Section 273.124, eubd. 6. executing the 20-yea= leasehold cooperative Leaeo which has been prepared byACCAP'l oounsel and approved to £or~ by h~th th~ Anok& County Attozne¥ and tile &tto~ne¥ £or the C~t¥ Of Columbia Heights. Coopera~Lve AeooeXation w~ll have La&sues o~ less than 60 percen~ of ~ha &ren Md~ang~oss income as dee&mined b~ ~vel~Mn~ ~er Sec~i~ 142(d)(2)(B) O~ ~he Xn~e~al a~enue ~de o~ 1986, af aMnded c~gh ~ce~er Xnc~ o~ i ~r existing at tb t~m ~e a~l~m e~ritive ~rohip. Xn the rehabilitation of the proper~¥, ACCAVwXllreceive housLng program £undl providid by th M~nnelOte HC)UBiI3~ Finance Agency for the reheb£11tation o£ this 22-unit building. NO.4~ P~3~ AFFIANT S~YETM NOT. and sworn to before ma day of ~ _., 1994. THEATER 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 9% 20 years or 25 years 1.15 T~R-~TER HEIC~HTS 3932 CENTRAL AVE EFFECT OF TAX CLASSIFICATION 1994 Assessed Value of building Budget for pl-nned renovation Maximum increase in budget possible New renovation budget with homestead taxation ExDlanstion of tax o~vin~s: 1994 estimated t~xes payabl~ 1994 estimated taxes payable homestead Tax savings realized Less additional payment to City Net reduction in taxes Available for debt service (debt coverage 1.15) Additional debt possibl~ with reduced taxes or Addit.ional debt possible and Additional reduced rent for seniors and disabled $328,200.00 $150,000.00 $ 50,0.00.00 $200,000.00 11,421.67 9,278.00 7,143.67 1,410.21 5,733.45 4,9s5.oo $ 49,850.00 $ 27,940.00 $ 2,520.00 TI~TER HEIGHTS 3932 CENTRAL AVE Bui. ldinq' s Cha~:acte~istics: Date Built: Number of Units: Gross building: Onsite parking: Description: 1959 (35 years old) 22, 11 efficiencies and 11 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 l~-dscaping Build trash dumpster enclosure Provide mini blinds throughout Re~lace appliances as necessary ae~lace floor coverings as necessary Repaint and decorate all units ~ndhallways Repair bathroom tile and tub enclosures Update pl,-~ing, electrical, ~nd 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 ,, .~j. "SERVICE IS OUR BUSINESS" 2-7-.94 3932 Central Ave. 35 30 24 41 0073 Taxes Payable 1993 5,902.46 SCHOOL 2,601.46 COUNTY ~,99~.43 CITY 11,138.49 TOTAL Taxes Payable in 1993 and 1994 are Title II 'E~timated 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 ESTIMATED 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 income, the ESTIMATED tax payable would be $4,278. Other Title II properties in this City are: The Boulevard, Royce Place, Heights Mannor, and Peters Place . ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine. MN 55434 · Phone 783-4747 · FAX 783-4700 · 'FI'Y 783-472~ February 17, 1994 Patrick Hentges City of Columbia Heights 590 40th Ave Columbia Heights, Mn 55421-3978 FEB 24 W94 MANAGER CI1 OF COLUMBIA HEIGHTS re: 3932 Central Ave (Theater Heights) 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~mLitted. There is never enough money in a construction project. .~Additionally ACCAP would agree to sell the building to the cooperative Jar our cost plus any additional capital invested 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. We agree that language should be added to the Master Lease requiring new residents to be seniors or disabled. 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. .- Please give me call if you think of anything else I can provide. o~ o~ o o o o c ~ ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 · FAX 783-4700 · 'l-FY 783-4724 May 5, 1994 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. Hentges: I am writing to request that the City Council re-examine our request for 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, 1994 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. 1. 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 work 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 establish a reserve for replacement fund. As you are aware, the net impact of the leasehold cooperative tax status is that without your 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, ~rick McFarland Executive Director PM/ch ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 FAX 783-4700 · TTY 783-472 SOURCES/USES Theater Heights 3932 Central Avenue NE Columbia Heights, MN Proposed Funding Plan May 9, 1994 Expenses Acquisition Basic/Minimum Rehabilitation Recommended Additions Contingency $337,000 150,000 45,000 $537,000 Revenue HUD Rental Rehabilitation Grant Loan MFHA 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 all 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~ Agency A ~lmlL~ 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 THEATER WEIGHTS 3 9 3 2 CENTRAL AVE Building's Characteristics: Date Built: Number of Units: Gross building: Onsite parking: Description: 1959 (35 years old) 22, 11 efficiencies and 11 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 dumpster enclosure Provide mini blinds throughout Replace appliances as necessary Replace floor coverings as necessary Repaint and decorate all units and hallways Repair bathroom tile and tub enclosures Update plumbing, 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 and kitchen sinks Refinish cabinets Install bathroom exhaust fans to vent moisture THEATER HEIGHTS 3932 CENTRAL AVE EFFECT OF TAX CLASSIFICATION 1994 Assessed Value of building Budget for planned renovation Maximum increase in budget possible New renovation budget with homestead taxation Explanation of tax savinqs: 1994 estimated taxes payable 1994 estimated taxes payable homestead Tax savings realized Less additional payment to City Net reduction in taxes Available for debt service (debt coverage 1.15) Additional debt possible 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 THEATER 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 9% 20 years or 25 years 1.15 CITY COUNCIL LETTER Meeting of: May 23, 1994 AGENDA SECTION= PUBLIC HEARINGS/RESOLUTIONS ORIGINATING DEPARTMENT= CITY MANAGER'S & ORDINANCES CITY MANAGER'S APPROVAL NO: 6 ITEH: ORDINANCE NO. 1289 - AMENDMENT TO CONDUCT ON LICENSED PREMISES AS IT DATE= 5-20-94 DATE: RELATES TO COMPLIANCE TIMEFRAMES NO: 6 D Ordinance No. 1289 amends the Conduct on Licensed Premises Ordinance by changing the three' month timeframe during which time an incident occurs and establishing a twelve month 'timeframe. The original Conduct on License Ordinance included a twelve month timeframe. The changes in the recent Housing Maintenance Code amendment inadvertently changed from a three month period to a twelve month period. 'For example, if during a twelve month period, an owner receives notice from the Police :Department of a tenant's disorderly conduct, then the owner is required to submit a written report as to his or her plan to correct the problem. If another instance occurs in the next twelve months, after any two previous instances then the owner shall be notified of a hearing to consider revocation, suspension, or denial of license renewal. In the interests of cooperation and good communications, I have forwarded a copy of notice of the city's intent in correcting the timeframe to Bob Thimmesh and Doug Jones of the Columbia Heights Landlord Association. RECOMMENDED MOTION: Move to waive second reading of the ordinance, there being ample copies available for the public. RECOHHENDED MOTION: Move to adopt Ordinance No. 1289, Amendment to Conduct on Licensed Premises as it Relates to Compliance Timeframes. COUNCIL ACTION: ORDINANCE NO. BEING AN ORDINANCE AMENDING CONDUCT ON LICENSED PREMISES The City of Columbia Heights does ordain: Section 5A.409 and Section 5A.410 of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shah hereafter read as follows, to wit: Section 9: $A.409 (1) License Fees License fees, inspection fees, and reinspection fees shaH be established by Council resolution. Section 10: 5A.410 (1) (a) (b) (c) (d) (e) (0 (h) (i) (J) $A.410 (2) Conduct on Licensed Premises It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Statute 609.75 through 609.76, which prohibit gambling; MN Statute 609.321 through 609.324 which prohibit prostitution and acts relating thereto; MN Statute 152.01 through 152.025, and Statute J.52.027, subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; MN Statute 340A.401, which prohibits the unlawful sale of alcoholic beverages; MN Statute 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite other to visit or remain in a disorderly house; Section 10.312 of this code, which prohibits noisy assemblies; MN Statutes 97B.021, 9713.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or MN Statute 609.72, which prohibits disorderly conduct. MN Statute 609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Statute 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Statute 260.315. Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances.. The Police Chief (Department) shall be responsible for enforcement and administratiOn of this section. A.4 0 (3) 5A.4~0 (4) 5A.410 (5) 5.4:10 (6) 5A.4~0 (7) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify tr, e. licensee by mall of the violation and direct the hcensee to take steps to prevent furxher violations. If another instance of disorderly use of the licensed premises occurs within-th~u~-(!e)"m~uxtxs twelve (12) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mall of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding'thru~'m~ths twelv.e (12) months. If the licensee fails to comply with the requirement of this subsection, the rental dwe~ license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew ~ license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). If another instance of disorderly use of the licensed premises occurs withinlh~t4~s twelve (12} months after any two (2) previous instances of disorderly use for which notices ivere sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the city Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). No adverse license action shall be imposed where the instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, not shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LSTT~R Meet~n$ of; May 23, 199~ AG~DA S~.CTION: PUBLIC HEARINGS/ORDINANCF-S & ORIGINATING D~.PART~ENT: CITY MANAGER' S / RESOLUTIONS , PLANNING & ZONING APPROVAL NO~[ 6 ,/~1\' ITE~ ORDINANCE NO. 1288, PERTAINING TO THE BY~ EVELYN NYG~ARD BY~ ,' ~ ! REPEAL OP POOL HALLS AS A PEP,~ITTED DATE~ $-20-94 DATE%' ! P~INCIPAL USE WITHIN THE "CBD' BUSINESS ! DISTRICT NO*I 6 E At meeting of May 3, 1994, the Planning and Zoning Commission reviewed Ordinances ~1287 ,and 1288. ~1287 would add pool/billiard halls to the Zoning Ordinance under Section 9.112(1) Conditional Use Section of the Central Business District. ~1288 would repeal pool halls from the Zoning Ordinanceunder Section 9.112(i)(ccc) of Allowed Use Section of the Central Business District which currently allows pool halls. In haste to provide a draft amendment at the meeting, Pools Halls as an Allowed Use was :not ~liminated from the Zoning Ordinance. The d~128 !. and Zoning Commission unanimously recommends approval of Ordinance ~1287 and as MOTION~ Move to waive the second reading of the ordinance, there being ample available for the publi~. MOTION~ Hove to adopt Ordinance No. 1288, Pertaining to the Repeal of Pool Halls Per~itted Principal Use within the 'CBD' Business District. ACTION~ GB,D33iMI~B lO, ~88 BBXMG id G~D~CBAMBMDTIJG~D3312tIJCB NO. 883, eXTXCODZ Or X977, & ~BRH. ZTTRD~RXMCX~ALUBBIFJ;THXHTHB#C~B~' BUBXI~BB DXITRZOT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 12 (9.112), of Ordinance No 853, City Code of 1977, which our]:entlyroads es follows, to wit: 9.112 (1) PermittedPrinciDal Usam Businesses providing the following Bales and/or services: (a) (c) (d) (e) (f) (g) (h) (3) (k) (1) (n) (o) (P) (r) (s) (t) (u) (v) (v) (x) (y) (z) (aa) (bb) (cc) (dd) Antiques. Appliance males and service. Art and school supplies. Bakery goods. Banks. Barber shops. Beauty parlors. Books and office supplies. Bowling alleys. Broadcasting studio. Business school. Bus and transpor~ation center. Candy, ice crean, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in mervice is provided. Camera and photographic sales and repair. Carpets and ruqs. Tennis, racquetball, handball, table tennis and boxing clubs along with clubs defined by Hinnesota Statute S340.07, Subd. 15. Coins and stamps. Costume and formal year rental. Delicatessen. Department stores. Drugs. Dry cleaning and laundry pick-up locations ~ncluding incidental pressing and repair. Dry cleaning and laundry self-service facility. ~mployment aqency. Florist shop. Floor covering Frozen foods, not includinq a locker plant. Furniture, including upholstery, when conducted as · secondary use. (ee) (ff) (gg) (~) (ii) (kk) (ll) (mm) (nn) (oo) (PD) (qq) (rr) (ss) (tt) (uu) (w) (ww) (xx) (yy) (zz) (aaa) (bbb) (CCC) (ddd) (eee) (fff) (ggg) (mm) (iii) (JJJ) (kkk) (lll) (nnn) (ooo) (PPP) Fur products and the processing of furs when directly related to retail sales from the site. Gifts or novelties. Glass, china and pottery. Grocery, fruit and vegetables. Hardware. Hobby crafts including handicraft classes. Hotel. Interior decorating ~tudio. Jewelry, time pieces and repairs. Leather goods and luggage. Library, both public and private. Liquor store (off-sale). ~eat market, but not including processing for a locker plant. Musical instruments and repairs. Newsstands. offices-business and professional. offices-governmental. Paint, wallpaper and related materials. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Pool halls. Records, television, radio, hi-fi and recording equipment. Savings and loan offices. sewing machine, related equipment and sewing classes. Shoes and shoe repair. Sporting goods. Stationery supplies. Tailor shop. Theater, not of ~rive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. shall hereafter be amended to read as follows, to-wit, permitted Principal Uses Businesses providing the following sales services: and/or (a) Antiques. (w) (x) (y) (z) (aa) (bb) (b) &ppliance sales and service. (c) Art end school supplies. (d) Bakery goods. (e) Banks. (f) Barber shops. (q) Beauty parlors. (h) Books and office supplies. (i) Bowling alleys. (~J) Broadcasting studio. (k) Business school. (1) Bus and transportation center. (m) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where e drive-in service is provided. (n) Camera and photographic sales and repair. (o) Carpets and rugs. (p) Tennis, racquetball, handball, table tennis and boxing clubs along with clubs defined by Minnesota Statute S340.07, Subd. 15. (q) Coins and stamps. (r) Costume and formal wear rental. (s) Delicatessen. (t) Department stores. (u) Drugs. (v) Dry cleaning and laundry pick-up locations including incidental pressing and repair. Dry cleaning and laundry self-service facility. Employment agency. Florist shop. Floor covering Frozen foods, not including a locker plant. Furniture, including upholstery, when conducted aB (dd) (es) (ff) (hh) (ii) (J~) (kk) (ll) (~) (nn) (oo) (PP) (gq) (rr) (ss) a secondary use. Fur products and the processing of furs when directly related to retail sales from the site. Gifts or novelties. Glass, china and pottery. Grocery, fruitand vegetables. Hardware. Hobby crafts inolud~nghandicraft classes. Hotel. Interior decorating studio. Jewelry, t~me pieces and repairs. Leather goods and luggage. Library, both public and private. Liquor store (off-sale). Meat market, but not including processing for a locker plant. Musical instru~ents and repairs. Newsstands. Offices-business and professional. Offices-governmental. Paint, wallpaper and related materials. (cc) (uu) (w) (ww) (xx) (zz) (aaa) (bbb) (CCC) (ddd) (eee) ( ff) (ggg) (r h) (iii) (JJJ) (lll) Pet shop, providedthe operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Records, television, radio, hi-fi and recording equipment. Savings and loan offices. Sewing Machine, related equipment and sewing classes. Shoes and shoe repair. Sporting goods. Stationery supplies. Tailor shop. Theater, not of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary CITY CO~CIL LETTE~[ Meeting of: May 23, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES & ORIGINATING DEPARTMENT: CITY MANAGER'S RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: ORDINANCE 1284- CHARTER AMENDMENT BY: BY: PERTAINING TO BONDED DEBT AND DEBT DATE: DATE: LIMIT NO: 6 F. As was previously reported to the City Council, the City Manager requested that the Charter Commission review the procedures associated with the issuance of bonded debt. Last year, when the refunding bond was offered, it was revealed that the City's past practices and procedures for the bond issue were contrary to the Charter provisions. Specifically, the current Charter requires that after ordinances are passed and before any bonds are sold, one week's published notice is required. The notice outlines the time and place of the actual sale. This special notice requirement is a disadvantage to the City as we currently negotiate the rate of bonds with a broker. The negotiated sale is based upon the most opportunistic bond market conditions. Alternatively, some cities advertise for bids, thus requiring an advance notice of the specific time and date of the sale. The proposed change enables the City Manager to establish a special meeting to receive bids or approve negotiated sale rates. This alleviates the City's obligation to advertise a specific time and date of sale and end up cancelling or rescheduling the sale if the rates dramatically change. Under either provisions, the public receives advance notice of the City's intention to issue bonds because the City must go through the reading, publication, and 30 day effective date associated with the ordinance process. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to schedule Second Reading for Ordinance No. 1284 for June 13, 1994, at 7:00 P.M. at the City Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1284 BEING ANORDINANCEAMENDING 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 by the 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 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 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 designated by a 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 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 by the 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 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 ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. ~-. ~"~ ..... ~'1~ ....... ~-- ~. ..... Before any bonds sold there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period. the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bond~ shall be approved by a resolution passed by a four-fifths vote of the council. Section 2: Chapter 7, Section 72b, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72b. BONDED DEBT AND DEBT 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 AND DEBT 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. 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 RESOLUTION ESTABLISHING MAXIMUM PROPERTY TAX GUIDELINE FOR 1995 BUDGET WHEREAS, The City Manager is in the process of preparing a proposed budget for 1995, and The the 1993 Audit Report Management Letter shows an increase in property taxes paid (budgeted for 1994) by the property tax payers of Columbia for municipal purposes to have increased by 25.79% from 1991 - 1994 (not counting State credits, fiscal disparities, or the H.R.A. levy), and WHEREAS, The General Fund of the City was underspent by $513,754.00 in 1993, and WHEREAS, The City Council is concerned with the significant increase in property taxes paid by its citizens for municipal pul~, and WHEREAS, It is fiscally responsible for the City Council to provide the City Manager with budgetary guidelines. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL, That the City Manager is directed to prepare a budget for 1995 that, except for increases in proposed expenditures for the Sheffield project, will not increase the property taxes to be paid by property owners for m~ ~AhaL~ch they were required CITY COUNCIL LETTER Meeting of : May 23, 1994 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 7 COMMUN~CAI~0NS Recreation APPROVAL ITEM: Request beer/Gauvitte Park BY:~Mark S. Casey BY:~ )~ NO: 7A. DATE: May 23, 1994 Mark & Tammy Sperr, 4221 University Avenue, Columbia Heights, is requesting permission to serve beer at Gauvitte Park for an informal softball gathering from 1:00 - 5:00 pm on Saturday, June 11, 1994. The timing of this request precludes consideration at the May 25th Park & Recreation meeting. Attached is their request. RECOMMENDED MOTION: Move to approve the request of Mark & Tammy Sperr of 4221 University Ave, Columbia Heights, MN to serve 3.2 beer at their informal softball game on Saturday, June 11, 1994 from 1:00 - 5:00 pm at Gauvitte Park; such approval in conjunction with the Recreation Director's approval. COUNCIL ACTION: i CITY COUNCIL LETI'ER Meeting of: 5/23/94 iTEM: PURCHASE OF PLAYGROUND EQUIPMENT BY: M. Winson ~) BY: qO. FOR EDGEMOOR, KEYES AND HILLTOP PARK DATE: 5/17/94 DATE: 'l~e City Council rejected the first set of quotations on this equipment at their meeting of April 25, 1994, in order to allow staff to obtain new quotes for equipment that would meet ADA accessibility requirements. $28,000 was budgeted in Fund 412 - Capital Equipment Parks. The attached memo lists the quoted prices by each location and a total price with any discounts for purchasing all three sets from a single su.pplier. Based on the quoted prices, staff is recommending that all three sets of equipment be purchased from Minnesota Playground. RECOMMENDED MOTION: Move to authorize the purchase of replacement equipment for Edgemoor, Keyes and Hilltop Parks from l~innesota Playground of Golden Valley, Minnesota, the lowest, qualified, responsible bidder, in the amount of $21,876.33, with funds from account g412-45200-5180; and, furthermore, to authorize the Mayor and City Manager to enter into un agreement for the same. l~AW:jb 94-299 Attachment COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: MARK WINSON CITY ENGINEER/PUBLIC WORKS DIRECTOR BONNIE MORINVILLE CLERICAL/PURCHASING CLERK PLAYGROUND EQUIPMENT REQUOTE MAY 16, 1994 Requotes were received from Minnesota Playground, Miracle Recreation and Flanagen Sales for playground equipment for the following parks, Edgemoor, Keyes and Hilltop. The quotes are as follows: VENDOR EDGEMOOR KEYES HILLTOP TOTAL Minnesota Playground $ 6,827.87 $ 7,584.60 $ 7,863.66 $22,276.33 Discount ($ 400.00) $21,876.33 Miracle Recreation $ 7,367.24 $10,611.66 $ 8,794.34 $26,773.24 Discount ($ 477.24) $26,296.00 Flanagen Sales $ 8,487.00 $ 9,307.00 $10,174.00 $27,968.00 Discount ($ 855.00) $27,113.00 Freight and taxes are included in the quote prices. Also included in the requote was the addition of a therapeutic transfer point. Staff is requesting the purchase from Minnesota Playground on all play structures for a low quote total of $22,276.33 less $400.00 for a total of $21,876.33. The funds are budgeted in account g412-45200-5180. bnlm 94-296 CITY COUNCIL LETTER Meeting of: May 23, 1994 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8 CITY MANAGER'S APPROVAL ITEM: SHEFFIELD FINANCING AND TAX INCREMENT BY: P. HENTGES BY: ~, HEARINGS DATE: 5-19-94 DATE: NO: 8 B. I request that we establish a July 11, 1994, Public Hearing to finalize the financing on the Sheffield neighborhood and to consider tax increment financing amendments to incorporate neighborhood within the Central Business District Tax Increment Project/District. If the Council is inclined to have a separate public hearing on this matter, I would alternatively proposed that following Monday, July 18, be recommended as an alternative. Hopefully, by this date, the final details regarding the implementation of the Sheffield Redevelopment Plan will be presented. The meeting will serve to finalize the following questions: 1. Approve final source and amount of public financing for the redevelopment of the neighborhood? 2. Approve use of secondary financing sources such as tax increment reserves or new tax increments? 3. Approve recommendations of independent planning report outlining suggested design criteria and standards? 4. Approve final decisions on remaining property acquisition/condemnations? 5. Approve RFP to developers or alternatively individual sale of lots? At the meeting, the City will also give an update on the status of the moving/demolition contracts. These contracts should be awarded and underway. Moreover, I would likely see City Staff presenting information on the status of policing and crime activities for the neighborhood. Attached please find preliminary drafts of resolutions that will be considered at the public hearing. I suspect that these documents will be further amended prior to the actual public Hearing date. Be advised that the HRA has already approved the expansion of the Central Business District to include the Sheffield neighborhood and adopted a resolution that permits certain financial resources under their control to the Sheffield financing plan, including the dedication of the HRA tax levy through the year 2008. RECOMMENDED MOTION: Move to establish Public Hearing for July 11, 1994, for Amending the Tax Increment District to Include the Sheffield Neighborhood in establishing Financing for the Sheffield Redevelopment Plan. COUNCIL ACTION: Housing & Redevelopment Authority of Columbia Heights Comml~lonem Eu~ebiu~ I.-leintz Palrida Jindm Richard Dustin Donald J. Murzyn. Jr. .~;90 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857- (612) 782-2854 TO: FROM: DATE: RE: Patrick Hentges, City Manager Don Schneider, HRA Executive Direct .~..._ May 12, 1994 Modification of Downtown C.B.D. Redevelopment Project and the Sheffield Neighborhood Redevelopment and Housing Development Project Boundaries (HRA Board of Commissioners Approval of Resolutions) Enclosed are signed copies of the HRA Resolutions adopted by our HRA Board of Commissioners on May 10 in regard to the plan modification and financing program for the Sheffield Neighborhood. Please call me if you need anything further. Encl(Resolutions 94-10 & 94-11) CC: HRA Comm Gary Winter, Holmes & Graven I--qual Opportunity Employer Equal Housing Opportunity Agency RESOLUTION 94- lo ~LUTION OF THE HOUSING AND REDEV~)P~ AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MT~FESOTA APPROVING THE MODIFICATION OF DO~rNTOWN C.B.D. E~DEVELOPaO~-T PROJECT AND THE SHEFFI~r.D NEIGHBORHOOD REDEVELOPMENT AND HOUSING DEVELOPMENT PROJECT BOUNDARIES. WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority") did authorize the creation of a "r~development project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 on June 14, 1977 which "redevelopment plan" as that term is defined at Minnesota 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 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 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 "housing 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 Housing Development Project") and adopted a "redevelopment plan" as that term is defined at M~nnesota Statutes, section 469.001, subd. 16 for said "Redevelopment and Housin~ Development Project" which is referred to as the Sheffield Neighborhood Redevelopment and Housing Development Plan (the "Redevelopment and Housing Development P!_an") on February 8, 1994; and WHEREAS, the City did approve the Redevelopment and Housing Development P~a~ for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for fina.cing the redevelopment activities in the Redevelopment and Housing Development Project and the proposed program involves the use of any surplus funds which may become avaf~able 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 G;M68382 CL160-71 I the Redevelopment and Housing Development Project so as to merge the Redevelopment Project and the Redevelopment and Housing Development Project. NOW, THEREFORE BE IT RESOLVED by the Board of Commfssioners of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota that: (1) The Board of Commissioners approve the modification of the Downtown C. B.D. Redevelopment Plan for the Downtown C.B.D. Redevelopment Project and the Sheffield Redevelopment and Housing Development Plan 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 Planning Commission. - (2) The Board of Commissioners authorize the Executive Director for the Authority to transmit the modification of the Downtown C. B.D. Redevelopment Plan 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 Planning Commission for its review and comment as to the conformance of the proposed modification of the respective Redevelopment plsn 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 Planning Commission, the Authority authorizes the Executive Director to transmit the Downtown C. B. D. Redevelopment Plan as modified, and the Sheffield Redevelopment and Housing Development Plan as modified, to the City Council for its review and approval. Approved this 10thday of May , 1994. Motion by: Murzyn Seconded by: Jindra Voting Aye: Murzyn, Jindra, Dustin, Heintz Voting Nay: Nawrocki Absent: ATTEST:. ~-Donaid R. Schneider Its Executive Director EUSEBIUS HEI}ITZ ~' ~ Its Chair Q~/68382 r~"160-71 2 RESOLUTION 94- ~ RESOLUTION OF THE HOUSING AND REDEV~.O~ AUTHORITY IN AND FOR THE CITY OF COLUif~IA HEIGHTS, MINNESOTA APPROVING A FINANCING PROGRAM FOR THE StLt~'t ~c~.r) NEIGHBORHOOD REDEV~,OP~ AND HOUSING DEV~,O~ PROJECT AS ~~];~D. WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority") did authorize the creation of a. '~edevelopment project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 on June 14, 1977 which "r~development plan" as that term is defined at Minnesota Statutes, section 469.001, subd. 16, for said ~edevelopment 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 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 roi' 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 "housing development project" as that term is defined at Minnesota 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~llnnesota 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 p]~An (the "Redevelopment and Housing Development Plan") on February 8, 1994; and WHEREAS, the City did approve the Housing Development and Redevelopment P!_a_n for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for financing the redevelopment activities in the Redevelopment and Housing Development Project and the proposed pro~r~n 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 Loan 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 (aI~68428 ,"r.'160-71 I Fund ("Fund 410") to finance costs identified in the Redevelopment Plan and the Redevelopment and Housing Development Plan; and WHEREAS, the Atithority intends to repay any funds provided by the City from Fund 410 from any surplus funds which may become aVailable from the Redevelopment Project from 1994 through April 2001 ("Surplus TIF, CBD TIF District"), the Authority real property tax levy for the years 1995 through 2008 ("HRA Annual 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 Financing 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 a~rees to repay Fund 652 and Fund 609 from the Surplus TIF, CBD TIF District, the HRA Annual Levy and Fund 404 which financing pro~mn shall be known as the "Sheffield Redevelopment Funding P~o~m." Approved this 10th day of May , 1994. Motion by: Murzyn Seconded by: Jindra Vottng Aye: Murzyn, Jindra, Dustin, Heintz Voting Nay: Nawrocki Absent: ATTEST: Its Executive Director Its Chair (a~f68428 C~,160-71 2 ' GARY P. WINTER Attorney at Law Direct Dial (612) 337-9204 HOLMES & GRAVEN CHARTERED 470 Pilldmr~ Center, Minneal~is, Mlnncsola Telephone (612) 337-9300 Facsimile (612) 337-9310 May 16, 1994 Patrick Hentges City Manager City of Columbia Heights 590 NE 40th Avenue Columbia Heights, MN 55421 Dear Pat: Enclosed are the proposed resolutions approving the modification of the boundaries and the Redevelopment Plan for the Downtown C.B.D. Redevelopment Project and the Sheffield Neighborhood Redevelopment and Housing Development Project and approving a financing program for the Sheffield Neighborhood Redevelopment and Housing Development Project for adoption by the City Council. Very. truly yours, Gary P. Winter GPW: mp RESOLUTION 94- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMRIA HEIGHTS, MINNESOTA APPROVING A FINANCING PROGRAM FOR THE SHEFFIELD NEIGHBORHOOD REDEVELOPMENT AND HOUSING DEVELOP~ PROJECT AS AMENDED. WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the ttAuthoritY't) did authorize the creation of a t~redevelopment project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 on June 14, 1977 which ~redevelopment pian~ as that term is defined at Minnesota Statutes, section 469.001, subd. 16, for said redevelopment project is referred to as the Downtown C.B.D. Redevelopment Project (the t~Redevelopment Project"); and WHEREAS, the City Council for the City of Columbia Heights (the ~City Council~) 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 Council 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 t~redevelopment project~ as that term is defined at Minnesota Statutes, section 469.001, subd · 14 and a ~thousing development project~! as that term is defined at Minnesota 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 t~redevelopment plan" as that term is defined at Minnesota 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 t~Redevelopment and Housing Development Piant!) on February 8, 1994; and WHEREAS, the City Council did approve the Housing Development and Redevelopment Plan for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for financing the redevelopment activities in the Redevelopment and Housing Development Project 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 (~tFund 652" ), and an Interfund Loan from the Cityts Liquor Fund (~Fund 609"); and WHEREAS, Authority has agreed by resolution to accept from the City Council the proceeds from the 1994 CDBG, Fund 652, and Fund 609 which shall be placed in the Sheffield Capital Improvement Fund (t~Fund 410'~) to finance costs identified in the Redevelopment Plan and the Redevelopment and Housing Development Plan; and G1~/70166 C/,160-71 I WHEREAS, the Authority intends to repay any funds provided by the City Council from Fund 410 from any surplus funds which may become available from the Redevelopment Project from 1994 through April 2001 ("Surplus TIF, CBD TIF District"), the Authority real property tax levy for the years 1995 through 2008 ("HRA Annual Levy"), and payments from the Senior Housing Fund ("Fund 404"). NOW, THEREFORE BE IT RESOLVED by the City Council for the City of Columbia Heights, Minnesota that: (1) The City Council approves the use of the 1994 CDBG funds in the amount of $139,000 for financing the redevelopment activities in the Sheffield Redevelopment and Housing Development Project. (2) The City Council approves the loan of up to $710,000 from Fund 652 to the Authority for financing the redevelopment activities in the Sheffield Redevelopment and Housing Development Project. (3) The City Council approves the loan of up to $469,000 from Fund 609 to the Authority for financing the redevelopment activities in the Sheffield Redevelopment and Housing Development Project. (4) The City Council approves the use of Surplus TIF, C.B.D. TIF District for financing the redevelopment activities in the Sheffield Redevelopment and Housing Development Project to the extent said surplus tax increments are available and are not otherwise pledged toward the repayment of existing debt service for bonds issued to finance activities in the Downtown C.B.D. TIF District. (5) The City Council approves these sources of funds as the current budget for the Sheffield Redevelopment Housing Development Project and any increase in this interim budget will be submitted for approval by the Authority and the City Council. (6) The City Council agrees that the surplus TIF, C.B .D. TIF District, the HRA Annual Levy and the proceeds of Fund 404 shall be pledged by the Authority to repay the City for the amounts loaned by the City Council to the Authority from Fund 652 and Fund 609. Approved this Motion by: day of , 1994. Seconded by: Voting Aye: Voting Nay: Absent: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor G'1~70166 c~6o-?~ 2 RESOLUTION 94- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING THE MODIFICATION OF DOWNTOWN C. B.D. REDEVEr~)PMENT PROJECT AND THE SHEFFIk~.I~ NEIGHBORHOOD REDEVErOPMENT AND HOUSING DEVELOPMENT PROJECT BOUNDARIES. WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority") did authorize the creation of a ~redevelopment project" as that term is defined at Minnesota Statutes, section 469.001, subd. 14 on June 14, 1977 which "redevelopment plan" as that term is defined at Minnesota 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 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 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 'housing 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 Housing Development Project") and adopted a "redevelopment plan" as that term is defined at Minnesota Statutes, section 469.001, subd. 16 for said "Redevelopment and Housing Development Preject" 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 Redevelopment and Housing Development Plan for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for financing 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 G1qfT0165 CI.160-71 I the Redevelopment and Housing Development Project so as to merge the Redevelopment Project and the Redevelopment and Housing Development Project. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council approves the modification of the Downtown C.B.D. Redevelopment Plan for the Downtown C.B .D. Redevelopment Project and the Sheffield Redevelopment and Housing Development Plan 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. Approved this day of , 1994. Motion by: Seconded by: Voting Aye: Voting Nay: Absent: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor C~160-71 CITY COUNCIL LETTE~ Meeting of: MAY 23, 1994 AGENDA SECTION: NEV BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 CITY MANAGER'S APPROVAL NO: 9 .A. DATE: 5-19-94 Attached please find a request by the Fridley Chamber of Commerce to donate $500 to the county-wide lobbying effort which successfully resulted in the passage of landfill clean-up legislation. Though the City was not threatened with extensive litigation or settlement costs as a result of the Oak Grove Landfill clean-up, we were subject to $2,500 liability associated with the Andover-WDE landfill site. It appears that the new legislation and the Chamber of Commerce effort has alleviated not only the Columbia Heights but the 7 or more local businesses that were threatened with similar claims. RECOMMENDED MOTION: Move to authorize a $500 donation to the Fridley Chamber for Landfill Abatement Lobbying, with funding coming from Council Contingency Fund No. 101-41110-8100. COUNCIL ACTION: ']5-16- 4 02:52 PM mmmmmmmmmmmmmmmmmmmmmm~mmm~mmmmmmmmmmmm~mmmmm To: Pat Hentqes, 782 2801 City og Columbia Heights From: Barbara Warre~ ' · -' · Frtdley Chamber of Commerce %~ % .G~% ,.\%%~5 · Business ~dfill Coalition -~- -%% Da~e: May 16, 1994 Re~ ~ndfill Cleanup As you may know by now ~he Landfill Cleanup Bill has passed and the Business Landfill Coalition members are very excited. With the passing of this bill many North Metro businesses can expect reimburment for the money they paid in to cleanup the Oak Grove Landfill. we truly believe this btll would'have not been passed if it wasn't for the combined efforts of foroes, including North Sta~e Advisors who represented the Business Land£ill Coalition. The Coalition is asking Cities in the North Metro to each contribute $500 toward paying for this lobbying effort. Approximately 10% (70) of Heights total businesses were involved in this issues. Unfortunately, ! am unable to present you with a list of these businesses. A commitment was made to the Coalition's source which provided these names that the list would not be copied or shared. I can only tell you ~hat during my own personal experience on this project I spoke to several Columbia Heights businesses that indeed were affected by this issue. As other Cities did, we trust Columbia Heights will donate to the efforts of the lobbying group. ! look forward to hearing from you soon. An,,~o Arco ¢:hnmb,.r oJ' ¢:omm?ce . An~ko Co,,~y Chnmber o.f Commoce ItMi#(. fl,.~tne.v.t As.vociatimr . i"r~dlev Chomher qf' (.:ommerce . i¥orth lien Chnmber of Commerce . I?ogcr~ Clmml~er o.f Commerce ~ C'ohimbi(~ Ileij~ht: Chamber of Commerce . Ne~, Brighton Chomber oJ' Commerce Fridley Chamber of Commerce 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 t APR ! 1 1994 MANAGER Dear Patrick, As you know, the Fridley Chamber of Commerce has 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 wa~ th~ C~ty Of. Columbia ~eiqh.~s,-~the ~ situation in Oak Grove. To date, over 140 businesses and public~ entities have sent in money in response to this issue. / If you have any questions concerning this issue, please feel free to ~ontact me at 571-9781. Thank you. · / ! Most Since~ / Landfill cleanup bill passes, not yet signed Joel Jamnik ~ A three-year initiative m clean up municipal landfills without use of the very litigious and cxpcmive Supcr- fund luw haq finally succccded with the pas,qagc of H.F.3086. Govcrm)r Carl,~m has nm yct signed the bill and a veto is possible bccause the bill requires the prelmmion of an enhanced Enviromnental Assessmem Wmkshect prior to the consuuction of a metal shredding facility in Minneapolis. The governor may also veto the bill if he decides he doesn't like another section of the bill which may finally resolve the long-running battle bern'ten the governor and the Legislatu~ concerning the Office of Waste Management staff who at various times have been totally independent from MPCA, partially mixnd with the Mi'CA, and totally within the MPCA. The landfill bill is hoped to bring to an end Superfund litigation which has already cost Minnesota's cities and businesses hundreds of thousands of dollars. The central featmes of this complicated legislation are: · Designating ~11 permitted landfill facilities that stopped accepting solid wne, te by April 9, 1994. · 'Requiring the MPCA by Jnnunry I, 1995, to prepare a priority list for response actions or clean up at these facilities, and to begin cleanup activities as money is available. · - Requiting owners and operators at these facilities to undertake specific actions, including submitting a written waiver lo the state of any claims against any other individual, busine~ or govenunem for recovery of environmental response costs. · Reimbursing, after October 1995, those who have al~idy paid. for response cost actions (with a deduction for ownetx and operators but none for third parties). · Raising funds for cleanup activities and reimbursement payments by issuing $90 million in state bonds over the next 10 years and raising Ihe state .~did waslc ~ssmenl tm ntmresiden- rial garbage c~dlcctitm from 12 cents to 60 cents per noncompacted cubic yard of waste. We will provide additional pidance regarding this bill soon. in the meantime, we advise any city considering settlement with landfill trusts to not pay. Please contact me before making any settlement agreement reprding landfill re- sponse ct~,t litigation. 0 HAROLD G. CANT (1887q973~ HENRY W. HAVERSTOCK (189a'I9771 FRANKLIN D, GRAY ItgO4.t990) FRAI'IK W, PLANT. JR, JOHN t,,, MOOTY MELVIN R. MOOTY RUSSELL M. BENNETT CLINTON A, SCHROEDER C. BLAINE HARSTAD EDWARD J. CALI.AHAN. JR* GKAY, PLANT, MOOTY, MOOTY de BENNETT, P.A. JOHN £. BROWER JOHN M, NICHOL~ City of Columbia Heights City Offices 590 40th Avenue NE Columbia Heights, MN 55421 RE: 340O CITY CENTER THIRTY THREE SOUTH SIX'TH STREET MINNEAPOLIS, MINNESOTA 55402-3796 TELEPHONE 612 . 343 . FAX 612 · 333 · 0O66 TWX 910 · 576 · 2778 MYRON L. FRANS WILLIAM R, PECK ERIK T. SALV£SON ALEC J. BECK RICHARD G. BRAMAI~' OLIVIA W WALLING PENtIy M. TIBKE TIMOTHY A, BEASTROM NANCY QUA'rTLEBAUM BURKE JONATHANM.REDGRAVE WILLIAM J. FISHER VIRGINIA Z~ SCHUBERT GEORGE R, WOOD GAYLrN ~. KNACK JEFFREY C. ANDERSON AMY J. KLOBUCHAR TAMARA H JELL[ O~EN NANCY ROETMAN MENZEL QUENTIN R~ WI~ROCK ROBERT J. MCRE~ DEAN A. LEDOUX ORLIN D. T[ S~- GREGORY R. MERZ BRIAN B. ~CHNELL OF COUNSEL WADE T. ANDERSON D. JAMES NIE~EFI ~URA J. ~HOENBAUER ROBERT A. RICK E. KUBL~R PAUL R. MOO~ BAROAR~ E, TRETHEWA~ TROY A. BADER 'ADMI~ED h J MISSOURI SUSAN DECKE~ZE~I ~ND~LLINOIS ONLY DIRECT DIAL 343-3927 May 12, 1994 MA~i'HEW J. GOGGIN KATHRY~I d. BERGSTROM BTEVEN A. MOGCK JENNIFER REEDSTROM BISHOP DAVID A, CR£NSHA~ JAY£ L MARTI[~ ~aste D±$posal Engineering (~DE) Site - Offer of Settlement City of Columbia Heights Dear Sir/Madam: This is a follow-up to our recent communication regarding the WDE Site. The Minnesota Environmental Response and Liability Act ("MERLA"), Minn. Stat. ~ 115B.01 et seq. was recently amended to include a new section entitled Landfill Cleanup Program. This legislation may reimburse the WDE PRP Group for some of the costs it incurred in connection with the remediation of the WDE Site. The Group is currently evaluating this new legislation, and will be discussing the nature and extent of reimbursement with the Minnesota Pollution Control Agency. We will advise you whether the Group will opt-into the program prior to June 15, 1994. Thus, we have put the demand letters on hold until June 15 in order to contain costs and to focus on the new legislation. In the event that the Group elects to go forward with its cost recovery effort, you will be advised of the new deadline for completion of settlement negotiations. Very truly yours, NNN/ktm/5131G/2117a GR~.YT,~'-PLANT, MOOTY, MOOTY BENNETT, P.A. ~i~holas N. ~ier~nga~.ten LERI~UE League of Minnesota Citrus DF MN CITIES TEL:612-490-O072 ~ 8~ Plul, )flq S51~3~044 Mag 10 94 1~:42 No.O09 P.02 May I0, 1994 jAflo~amnlk~lch Rccclved WDB Land~dl S.ettl~t Offers , Sr. Intergovernmental Rclat,ons ltel~MonlMlve Doadlinc for WDB S~lcment - Bxtension Until Juno 15, 1904. Because the leglslaturc passed the landfill cleanup bill (H.F,3086), thc law firm representing thc WDI~ Group has rrnted a blanket extension until Juno 15, 1994, to all recipients of their offers of settlomeat dated in mid-April. Consequently. do not _uny by the May deadline sDecl~_m~ in your e#y's lette~. Bccauso the bill is quito complicated, particularly whom reimbursement for these payments is concemod, any payment which is tendered to the WDB Oroup may not bo paid back by the state for five or slx years. Given the circumstances, it is our strong advice to wait for further information prior to making any sottlement dcclsion. Becauso our fax capability does not yet fully axtend to your city attorney, we urge you to oonsult them rogardJng this mattor. Pieaso contact mo if you hvo any questions. JJJ:mjd L~RGU~ OF I,TN CITIES .... League of s,iinnesota Cities T E'IL-: 61 ~-- 4 9'b :0 0 7 2 ..... ~g-'~'~""~a--'T6'T. i2 No.Ole P.o~ .~.andrdl CI~anup - WDB L~urs As anticipate, nttomeya ~m.~nting companies ltat ate c,I~mJng up the WDE hndf'dI loc~t~ In Andover, Minnesota, l~vu stared tho "cost-mcovery,~ portion of tho Supoffund litigation by sendL~g offers of settlement to r.z~m~es and cities which they claim disposod o£ waste at tho WD~ landfLtl, If your city l~as been notified of this action by letter imm the Oray, Plant, iVlooty, Mooty & l~nnett law £u'm, ~ let mc: know as_soon a..s possibl~. This issue is currently beinF considered by legislative conference commiue,; (mueflng this week on H.N.3086). We hop~ to help draft tl~ legislation in auch u way as to eliminate this particular cost-meover,ff a~on and other Superfund claims. Also, since tho ~gtslature will 1~ d~iding ~ issuo tn the s~xt few days, please contact your l~:islator I1~ if ~ur olt¥ luts rmeivod thl, leaer and ask them to s~mngly aupport passag~ of I-r.1~.3086 wlth lmiguage oufficlem to end thls iogaI form of axtordon. Finally,, would advla~ agatnst maldntr any pa~mant~ to th~ euat until th~ legislature a~ laier this woe, k, you for your prompt ~pons~. ~:mJd GRAY, PLANT, MOOTY, MOOTY BENNEIT, PA. 3400 CflT C~ITER ~ THREE ~ SIXTH STREL:T ~, ~ 554o2.3796 FRAhK W PLANT. ~ RICHARD A. MOORE JR ~ ~Z · 33~ · 0O~ ERIK T. ~ALVEGON CNARLO~T~ A KiMBA~ RUSSELL M BtNN~ JUDITH BEVIS ~NGEVIN ~ ~ · ~6 · ~8 ~NNY M. TIBKE GINA B. ~UER WADE T. ANDER~N flARC,LD G CANT ~tee?.t973~ (, ~...~. ~ j[ ~,,,,' O4 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) Gropp. T~e .WDE.Group i~ comprised 9f various companies which are ta~ing the lea~ in imp£ementlng an~ funding cleanup of the WDE landfill located in Andover, Minnesota. have confirmed that waste generated by your company was disposed of the WDE landfill, and consequently, your company is liable for part the cleanup costs. We This letter will serve as notice that the WDE PRP G~oup ~nt~nds.to pursue your company for recovery of the costs associated with cleaning up the ~andfill. 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 an~ conse~Iuently 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 Grou~. As explained in gregte~ detail ~elow, your company's share of liability for the cleanup ~f the WDE Site is $2,500.00. In order to avoid the costs of litigation, the Group has authorized us to make a $2,000.00. one-time settlement offer.to your company in the amount of This offer will only ~emg.~n open until Friday, May ~3, ~994, after which the Group will ~nslst 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 Site, 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 ~osts are identified in Exhibit 1 to this letter and are briefly summarized below. Remedial Investigation/Feasibility Study (RI/FS) costs r~late to.a study performed at Group expense in the mid-1980s. This study serveQ 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 comDan¥'~ Liability. A. Discovery of New I~formation. In early 1993, the Group gained access to previously unavailable documents which present a comprehensive picture of the ~arties who contributed waste to the WDE Site. These documents include (but are not limited to) landfill tickets prepared by the owner/operator of the sit~ agd. invo~es to cus%omers haulers associated with the ~ite. TheSe records provlue uocumenu ry evidence of disposal of your company's waste ~t the WDE Site. Thi~. voluminous information was not available to the U.S. EPA, MPCA 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. Tri~er of Liability. As a user of the Si~e, your company is a .responsible person" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or federal Superfund), 42 U.S.C..Secti?~s 9601-9675, as amended, as a person who "arranged for d~sposa£ 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 (MERLAor 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, degreasers, 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, our 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, e.g-., Gopher Oil Co. v. Union 0il Co.., 955 F.2d 519 (Sth 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. CQmmenc~ment of Litiaation. After the settlement.period has ex~ired, the WDE Group will commence litigation by f~iing 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 discpvery requests which will be served along with the complaint. These ~iscove.r~ requests will require complete and thorough disclosure of information relating to your business operations, financial condition, corporate structure, and waste disposal practices. ¥. ~ettlement 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 co~st~tuent, men~.ers not to sue your company for the costs fronted by the ~roup to clean up the WDE Site and the administrative costs paid by the Group to the U.S. EPA and the MPCA. B. Defense, Indemnitv and ~old 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 MPCAassert claims against your company for their unreimbursed administrative costs. C. p~tition for Order Barring Claims. · Cit~ 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 settlin~ 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 ~ermitted 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, OOT~ & B, ENNI~TT, P.A./7 a~~ - 'irten Nlchols Enclosures cc: WDE PRP Group Steering Committee (w/enc.) (April 14, 1994) Remedial Investigation/Feasibility Study (RI/FS) Costs (Including interest) $3,128,009 II. Remedial Design/Remedial Action (RD/ W) Costs A. Construction Costal 1. Groundwater Pump 2. Groundwater Treat~nent 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 III. Access Costs IV. Administrative Costs $10,153,875 $6,128,584 $667,698 $125,000 $2,194,048 U.S. EPA Costs A. Past Costs B. Future Costs $555,135 $24,210,195 ~_ONFIDENTTALI pREPM~ED FOR F.R.E. 408 gETTT.~.~.NT ptrRPOgEg ONLY 5074G CON~'][DZNTI~I.5 ~DE ~;ZTE ~;~T~I~ ACI~EEN~NT 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 WHEREAS, 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 WHEREAS, to avoid the expense of litigation and to resolve, to the extent set forth herein, the claims between them relating to the ~DE Site, Claimants and Settler enter into this Agreement. ~OW~ 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. C~rta~n Defined 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)s '~2LC~A' 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 expressly 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, MERLA, MERA and the common law. "~.Co~m~c T~B~ ~l&JJ~" meanB any cla~, demand, action or cause of action for economic loss, including but not limited any lnJur~ to, des~ruction of, or loss of any real or personal proper~y, relocation costs, any loss of use of real or personal property, 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. "Effective Dater means the date on which the last party hereto executes this Agreement. -'~ means the Minnesota Environmental Rights Act, Minn. Stat. S 116B.01 et ~. "EY2~LA" means the Minnesota Environmental Response and Liability Act, Minn. Stat. S 115B.01 et ~.~. "Natural Resources Damage 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 MERLA S 115B.04, subd. 1(c), claims for costs incurred by any natural resource trustee and costs for assessing any such injury. "Personal Injury_ Claim" 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 P. 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 tn 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 ~n law or in equity, of whatsoever kind or nature, which could be asserted by Settler relating to ~he NDE Site, whet_her 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 NDE SAte, including, but not limited to, claims under CERCLA, HERLA, MIRA, 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 Grou9 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 assiTns. "~" 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) Amount and Timing. 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) _Less Than Full Compensation. The settlement payment by 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~DE Site. Claimants expressly reserves the -5- right to seek full compensation for their claimed damages against any other Person or Entity not a par~y to this Agreement. 4. Mutual ~ovenantR Not-To-~ue. ' (a) Covenant Not-To-SueB?~laimants. Claimants hereby covenant not to sue Settler for Claimants' Claim as defined above~ provided, however, that Claimants reserve the right.to enforce the te~ms of this Agreement through any and &11 available means, including, without limitation, institution of legal proceedings. (b) ~oven~nt Not-To-Sue R? 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 o~ ~la~ms/ReRe~vation o~ Rights. 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 per~ain to matters other than those expressly specified~herein. The paroles reserve and this Agreement is without pre~udice to all rights the parties ~ay have against each other, or any other Person or Entity with respect to all other stutters. Nlthout in any way limiting the generality of the foregoing, the Mutual Covenants Not-To-Sue met forth above do not &pply to the following~ -6- (i) Personal Injury Claims; (ii) Property Damage Claims; (iii) Natural Resource Damage Claims; or (iv) Economic Loss Claims. 5. _Defense and Indemnification of Settler. Upon receipt by theWDE PRP Group of the Settlement Amount referenced above, the WDE PRP Group agrees to indemnify, defend and hold hazmless 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 (i) 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) Claiman~s may, in their sole discretion, retain counsel to defend Settler. ~.~lusio.s/Reo_m~ners. Notwiths~and~ng any o~her provision of this &g~eement, the Covenant Not-To-Sue by Claimants Lnpa~ag~aph 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 theWDE Slte~aterially grea~ert~anor different from U.S. EPA's Adminis~rative Order relating to tho NDE Site affective August 23, 1991. 7. &~sl~nt o~ ~ettlerTM 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 Claims 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 contribu%ion, 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 Court 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. Representations and 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. ~ breach of the representations and warranties in this paragraph is governed by paragraph 6 (a) above. 11. No Admission 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 sor~ and intend hereby merely to buy their peace. It is further specifically understood 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 ~s Agreement is entered into for the sole purpose of settling the dispute which exists between the par~ies 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. Conf [dential[t_v. Claimants and Settler agree that they will keep strictly confidential the terms herein including, but not limited to, the Settlement Amount paid ~n consideration for this Agreement and all correspondence between the par~les relating to settlement, and will not disclose said terms to any person for any purpose, except solely as may be necessary to cemply with auditing disclosure requirements, applicable ~nx or other laws, requests of or cooperation with ~nsurers, and/or cour~ or administrative orders. -10- 13. Governing Law 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. ~eliance on Own Attorney. 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 Bo and to bind Claimant and Settler, respectively, to the terms hereof. 16. Signature and Effectiveness of Agreement. This Agreement is not effective unless the Signature Page attached hereto is signed by both parties and all other -11- conditions precedent contained in this Agreement are satisfied. The Signature Page attached hereto is an integral par~ of this Agreement. 17. Modifications. No provision of this Agreement shall b e modified or limited except b~ 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. ~n~re 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 par~les 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 ~arties 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 ~ignature oE Authorized Company Representative Title: Contact Person or Representative for Future Correspondence, With Address Telephone Number P~x Number CONFIDENTIAL WDE SITE SETTLEMENT AGREEMENT American Can Company* BrantJen & Kluge, Inc.* Ceridian (fo=merly known as Control Data Corporation) Consolidated Container Corp. (including DworskyBarrel Company)* Ecolab Inc. (formerly known as 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 All,ant 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 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 known as Paper Corporation of America), a subsidiary of Alco Standard (indemnitor of Brown & Bigelow, Inc.) Unisys Corporation (formerly known as Sperry, Univac or Remington Rand) 5052G -2- CITY COUNCIL LETTER tGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER FEM: AUTHORIZATION TO SEEK BIDS FOR SI-IE~-I.D BY: Pat Hentges IO. DUPLEX BUILDING REMOVAL ~ i~ DATE: 5/19/94 Tl~e City has acquired fifteen (15) duplexes on the block bounded by 46th Avenue, F'ttlmore Street, 47th Avenue and Pierce Street. These sUuctures have been the target of vandalism and many have been boarded up to prevent entry into the buildings by mmuthorized perso~s. Tt,,e existence of boarded up buildings is aa eyesore nnd not conducive to the revitnliT~tion of the neighboring area. St~df has prepared bid documents and specifications for thc removal of the buildings. The documents nHow bidders to either demolish or remove thc buildings. There exists thc possibility that n proposal to remove thc sl~uctures for resale could result in a net payment to the City. 'I't,e documents require that the successful contractor properly terminate nH utilities and remove and bacldill the foundations. Fcr bidders bidding on demolition, a 5% bid security, a maximum 60 day completion time, and 100% performance bond will be required. Conlractors bidding removal with a net payment to the City are required to submit a 30% bid security which will be held until the contract is completed and a maximum 120 days completion time. 'lite documents provide for an alternate bid to remove or demolish the 5 remaining buildings if the City is able to obtain them in a timely fa',hion. A separate contract would need to be let for removal of thc alley, parking pads and sidewalks. RECOMMENDED MOTION: Move to authorize staff to seek bids for removal of duplcx buildings in the Sheffield Redevelopment Area, 4{~O block between Pierce and Fillmore Streets. ,COUNCIL ACTION: CITY COUNCIL LETTER MeetinS o[: May 25, 1994 AGE~A SECTION: NEE BUSINESS ORIGINATING DEPAltTMENT: CITY MANAGEIt' S CITY MANAGER' S ~PROV~ NO' 9 ~~ ITE~= S~IE~ PLYING ~YSIS BY= P. ~NTGES BY~ ~ . NO~ 9.C. DA~ 5-19-94 DATE~ As yo~ recall, the City Council requested City Manager to solicit professional plaa~ing advice s~d ~alysis [or the redevelopment of the 4600 block between Pierce and Fillmore Street. City. E:taff interviewed and solicited proposals from two planning consultants. Essentially, the c:onsultant's work will address decisions regarding land use (residential housing-type) and identify formulation of design development parameters or standards that will ensure {~ei~borhood integrity and compatibility with existing development. The Land Use and Site l)esi ~ Study will finalize decisions with regards to land use options for the block, desi~/development standards, complimentary standards for neishboring property, and market expettations. The process will involve a number of meetings to solicit input from City offi~ials, landowners, and other desisnated participants. i~he ~ost for the in~tial land use and site desisn study is expected to run approximately .~4,0~0. There would be additional costs to expand the study into other portions of the neig~borhood or on a city-wide basis. City staff is recommending the firm of McCombs Frank ]toos/Associates, Inc. of Plymouth, Minnesota. RECO~NDED MOTION: Move to award contract to McCombs Frank Roos Associates, Inc. for a land use land site desisn study of the 4600 block between Pierce and Fillmore Street in the Shef~ield area, at a cost not to exceed $4,000; the funding to come from Fund No. auth~rize the Mayor and City Manaser to enter ~to contract with the s~e. ACTION: McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North. Plymouth. Minnesota 55447 Telephone ~j ~,1 ,,~j, clr~ngineers 612/476-6010%`; :'~ .~" ' ~ ~ manners April 29, 1994 APR 2 9 1994 Mr. Patrick Hentges, City Manager City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 sUBJECT: 782-2810 782-2801 - fax 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": me 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 Opportunity 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). 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. Determine minimum site floor area (percent) garage standards, side, setbacks, and lot width requirements. ratio, site coverage rear and front yard Determine and verify the most appropriate home sites within the sub3ect 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. 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, SuzanneRhees 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 I'li:lY 1F., '54 EI3:4'?T:~ Po1 Mr. Pat Henries City Manaser City Columbh Hel s ~ ~ Av~ N. ~. ~~a H~h~, ~ 5~1 Via PAX To (612) 782-2801 You requested an evaluation of the corn of engasing Q6A to assist in an implementation plan to impact the problems that face the Sheffield Neighborhood. An opportunity to work in greater detail with the city council to define its wishes, will of course influence the amount of services that QSA will provide (and consequentially the cos0, however, this estimate should help give the council an idea what might be involved. We will tailor our services and fees to facilitate the council's choices ~ter we present a more detailed explanation and report on May 25. Our billing rate is $100 per hour. Analysis and Report - May 23. Brief analysis of the eight options, elements required to optimize private sector development, implementation steps, and ways to relate these st2'ategies to ~uture city wide programs. F. stimated hours - 20 to 25 Scheffield Neighborhood Develo~t ~, l'ublictty, Desism and Workpla~ f~ 4600 Block - June, 199t- March~ 1995. Publicity senerattng programs for ~-~urin$ innovative de~i~, and work plans for construction as prototype infill on the block. Fagmated hours- 40 to 4S Architectural Fees: l'ublicity: $2,000 7101 York Avenue South F, dilu, ldlnnesota ~ Tekpltom 612.921.,~92 F~x 921.32~ $chef~eld Neighborhood Dewlopment (cont"dj a. Prototype Duplex Design and Work Hans - June, 199~. Secure prototype(s) ~or scattered site ci~ owned duplexes. Es~m:~ted hours - 20 to 25 A~chitecmral Fees: $8000 Neighborhood Revit_~liCation Program 1. Obsolete Home Replacement Program. November, 1994 - MarcI~ 1995. Assist city as expert consultant in developing i program for eliminating and replacing worst homes in neighborhood. Es_~m_~ted hours - 25 to 30 2. Property Owner Home Transformation Program - Jan-sD' - March, 1995. Assist city as expert consultant in developing and promoting an educational one stop financing and resource program to help single family and duplex owners wishing to transform market obsolete properties. Publicity, resource and bank partidpalion will be included. E~_~mated hours - 50 to 80 Support Fees: $3,000 Publici~. $3,000 ~. Mi.sc, Publicity and Promotion- June, 1994. November, 1995. Publicity will occur mainly as a part of the above activities. Coinddental advertising and materials costs, plus cost of open house event management services are additional charges stated in this category. Publidty: $3o0o MAY 16 '94 03:48PM P.3 Flannln~ and Reporting - June 1994 - November, 199~. QfiA will provide a summary with consultant advice, rehttn$ Sheffield neighborhood programs and achievements to recouurmndattons for future city wide programs. bt~mated hours - 3S to SO Total cost - for the consulting and implementation management aspects of QSA's proposal if all of above services are elected. F3flma~d hours - 195 to 26O Archltechual Fees: $22,000 Fublici~ S8,000 Support Fees: $3,,000 In addition, the city may elect as options, 1) assistance {rom QSA in assessing and reporting to the city on the character and level of CRA compliance of its local financial institutions, and 2) advice and assistance from QSA in drafting and proposing code enforcement measures to preserve and upgrade existing city residential properties. Charges for these services would also be determined on an estimated hourly iree basis based on the level of service requested. I hope this provides what you need for tonight N you require a different approach or any modifications by this evening, please give us a call with your questions or suggestions. After the meeting we will welcome .any suggestions you receive from the council. CEO/President Suite 330 7101 York Avenue South F. dtna, Mlmmota S&43S T~lepho~ 612.921.3393 Fax 921.3299 MAY 1~ '94 May 12,1994 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N. E. Columbia Heights, MN 55421. Via F~ To (218) 829-9188 Dear Mr. Hentges: Our objective is to assist the council in determining and implementing alternatives which will signiticanfly impact the problems that face the She~ield Neighborhood because of deteriorating housing. The balance between dty initiatives and ullimate 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 swiltly and with purpose or the current e~orts will succumb to the ongoing decay that grips the Sheffield Neighborhood today. For the meeting on the 23rd of Ma), 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 )'our questions or suggestions. CEO/President MAY-12-1994 11:23 $vite 330 7101 York Avenue South Tc4epbone 612.921.3393 ~21.3299 P.01 I~qY 17 '94 :~1:725:~1 P.:~/? Suggested Report Outline Quam, Sunmicht and Associates, ][nc, I. 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 incerttive programs for owner reinvestment c. Suggest a new 4600 block option, that mixes the best of two alternatives 2. Discussion of elements zequired to optim/ze 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 dty owned duplexes 3) Purchase strategy for eliminating worst homes in neighborhood 4) Help for property owners wishing to transform market obsolete properties b. Guidelines 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 ~. Relating these strategies to future city wide programs i~qY-12-~994 ~1:24 95~ P.02 April 2O. 1994 Mr. Patrick Hentges City Manager City of Columbia Heights 590 40th Ave. N. E. Columbia Heights, ~ 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. I will call you in the next week to see if you would like a visit. Yours truly, Steve Quam Principal Suite 330 ?101 York Avenue South ~ Min~ ~ Telephone 612.921.3393 Eax 921.3299 I ~. 11 --- ,. ~ ~1~ ~ ~.' -- ,~t Il Hid ._. CITY COUNCIL LETFER Meeting oE 5~23~4 .GENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER O. 9 PUBLIC WORKS ... [O. TO REPLACE LOADER · ~l [~o 5/16/94 D St~f budgeted $100,000 in the Capital Equipment Replacement Fund to replace the 1961 Cat 944 Front-end Loader. This loader was purchased used in 1969. Review of our equipment needs indicates that if the 944 Loader (#11) is replaced with a new loader of similar or greater capacity, there would no'L be a need to replace or retain the 922 Loader (#4), purchased in 1963 and scheduled for replacement in 1995 at a cost of $97,500. Also, staff feels that operations do not require that there be two graders in the fleet. Sufff requests that authorization be granted to seek bids for a new front-end loader, using #11 (1961 944 Cat Loader), g4 (1963 922 Cat Loader) and #12 (1973 Cat 120 Grader) as trade-ins. RECOMMENDED MOTION: Move to authorize staff to seek bids to replace the 1961 Cat 944 Front-end Loader using equipment g4, #11 and #12 as lrade-ins. MAW.'jb 94 -297 COUNCIL ACTION: CAPITAL EQUIPWF-NT PURCHASE JUSTIFICATION 1. Item to purchase: Front-end Loader 2. New; or Replace: 3. If replace, present equipment data: 3A. Make: X Caterpillar 944 Front-End Loader (1961) 1969 3B. Year purchased: 3C. Purchased new? 3D. Original Cost: $. ? or Used? X 3E. Estimated hours/days used per year: 3F. Engine hours used per year if knovn: 3G. Repair history: Labor cost past 36 months: Parts cost past 36 months: $3,532 $3,049 550 hours Number of days down time past 36 months: ? 3H. Operating cost per mile (or other umit of measure): $8/hour 4. Proposed new equipment to replace item described in ~3 above: 4A. Estimated cost of item: $ 100,000 4B. Budgeted money: $ 100,000 4C. ~here is tAe money budgeted? Department m a me: Capita] Eq~,~pmont R~n]mrom~nt Fund Department line item: 101-43121 4D. Estimated operating cost per mile (or other unit of measure): $ 5.00/hour 4E. 'Features' on new unit that are not on present equipment: a. The new loader is ar~igulated. b. Automatic or mmnual shiftinm. c. Safety features - (1) Sound suppression (2) Better lighting d. (3) Better visibility (4) Pressurized cab e. Versatility - Can be equipped with variety of specialized tools 4F. ~lxat are the advantages or cost savinngs of the new features: It is more maneuverable and has faster cycle times. The machine is not task specific. It can be used all year. With the quick coupler option, we will be able to change from loading to plowing 5. If first-time purchase: SA. Purpose of new item: Replace Unit #11 5B. How is this work presently being done? N/A 5C. Cost of doing the task now? N/A SD. Cost of doing the task if new item is purchased? N/A SE. Estimated operating cost of proposed new item (per mile or other unit of measure: N/A 5F. Life expectanoy of new item: N/A 5G. Where will new item be stored? is there space available? N/A 6. Person's name making request and providing data: Lauren McC!anahan 7. Date proposed to City Manager: 8. Date reviewed at Council Work Session: 9. Date authorized to take bids: 10. Date of bid opening: 1!. Date of Council to purchase: 12. Council action: 13. City Manager's review notes: 031892 CITY' COUNCU_, LE'FFER Meeting of: 5/23/94 ,GENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER [O. 9 PUBLIC WORKS - ~ [O. OF CITY PROPERTY . . DATE: 5/17/94 DATE: H¢:nnepin County will be holding their annual equipment auction on June 16, 1994. St~fff has completed the attached list of Public Works equipment that is no longer needed and is requesting authorization to dispose of their st~'plus equipment at the auction. RECOMMENDED MOTION: Move to authorize the City Manager to dispose of the surplus equipment shown on the attached list dated 5/i[ 1/94 at the Hennepin County Equipment Auction scheduled for June 16, 1994. MAW:jb 94 -300 Atuachment COUNCI].~ ACTION: QUANTITY 1 CITY OF COLUMBIA HEIGHTS ITEMS FOR HENNEPIN COUNTY EQUIPMENT AUCTION DESCRIPTION Henderson Chief Sand and Salt Spreader Model FS-H - Frame and dump body mount - hydraulic drive Original purchase - 1979 Condition: Average - operable when put into storage. Reason for selling: No longer meets the needs of our operation. Henderson Chief Sand and Salt Spreader Model FS-H - Frame and dump body mount - hydraulic drive Original purchase - 1979 Condition: Average - operable when put into storage. Reason for selling: No longer meets the needs of our operation. Sewage Lift Station Pump Make: Smith & Loveless Electric Motor: 10 HP, 3 PH., 230/460 Volts, 1200 RPM, 60 HZ, 30.4/15.2 AMPS - Time Rating Continuous, Style AWO. Pump: Size 4B3, 450 GPM, TDH 40'. Date of original purchase: 1960 Condition: Average - operable when put into storage. Reason for selling: The lift station was updated. Sewage Lift Station Pump Make: Smith & Loveless Electric Motor: 10 HP, 3 PH., 230/460 Volts, 1200 RPM, 60 HZ, 30.4/15.2 AMPS - Time Rating Continuous, Style AWO. Pump: Size 4B3, 450 GPM, TDH 40'. Date of original purchase: 1960 Condition: Average - operable when put into storage. Reason for selling: The lift station was updated. Check Valve - Smith and Loveless Model 4" x 6" Date of purchase - 1960 Condition: Operable Reason for Selling: Salvaged when lift station was reconstructed. Check Valve - Smith and Loveless Model 4" x 6" Date of purchase - 1960 Condition: Operable Reason for Selling: Salvaged when lift station was reconstructed. Page 2 CITY OF COLUMBIA HEIGHTS ITEMS FOR HENNEPIN COUNTY EQUIPMENT AUCTION QUANTITY DESCRIPTION General Electric Motor 3 HP, 1155 RPM, 230/460 Volt, 10.4/5.2 Amp, 60 Hertz, Service Factor 1.15, Time Rating Continuous, 213 TCA Frame, Type k Date of purchase - unknown Condition:· Operable when taken out of service Reason for Selling: Salvaged when lift station was reconstructed. General Electric Motor 3 HP, 1155 RPM, 230/460 Volt, 10.4/5.2 Amp, 60 Hertz, Service Factor 1.15, Time Rating Continuous, 213 TCA Frame, Type k Date of purchase - unknown Condition: Operable when taken out of service Reason for Selling: Salvaged when lift station was reconstructed. Cherne TV Sewer Inspection System Includes: (1) Sony 12" B/W TV, (1) Sony AY3600 Sony Videocorder, (1) B/W TV Camera, (1) 120 volt TV cable wench, (2) Manhole roller asemblies, (700') TV cable, (32) Reel type video tapes, (2) Hand wench assemblies, Miscellaneous controls and accessories. Date of original purchase: 1977 Condition: Average to poor - Everything was operable when it was taken out of service. Reason for selling: System was replaced in 1993. CITY COUNCIL LEITER M~ting of: 5/23/94 tGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER ~O. 9 PUBLIC WORKS ( ~ ~_~ FEM: AUTHORIZATION TO REPLACE VEHICLE #199 BY: M. Winson ,~/ff~ BY~ ,1'0. ~ . ff. DATE: 5/20/94 DATE: O~ May 17, 1994, a Public Works employee was involved in an accident resulting in the Vehicle #199 being a complete loss. Fortunately, the accident resulted in only minor injuries to the City employee and the other driver involved. The damaged vehicle is a utility truck used by the Water/Sewer crew and the loss of the vehicle will greatly impair operations. A replacement vehicle can be purchased by the City off the State Contract. In order to get the purchase on the State Contract, the order will need to be submitted by May 25, 1994. It has been indicated by the supplier that the State Contract price is approximately $5,000 le~;s than if the vehicle was purchased otherwise. Delivery will take approximately 3 months. The State Contract price for a new 3/4 ton, 4 x 4 pickup with standard box is $14,777 plus tax. Staff is requesting authorization to order a replacement vehicle for #199 from the State Contract. It is anticipated that the existing ve.hicle will be declared a total loss and the Capital Equipment Fund will reimbursed from the insurance settlement. RECOMMENDED MOTION: Move to authorize staff to purchase a new 1994 3/4 ton, 4 X 4 pickup to replace Vehicle #199 from the State Conlxact at a cost of $14,777 plus tax with funding from the Capital Equipment Replacement Fund; and furthermore to authorize the Mayor and City Manager to enter into a contract for the same. Any insurance settlement received is to be used to reimburse the Capital Equipment Replacement Fund. COUNCIL ACTION: 1. Item to purchase: 3/4 Ton 4 x 4 pickup 2. New; or Replace: 3. If replace, present equipment data: 3A. Make: CAPITAL EQUIPW~-NT P~P~ASE JUSTIFICATION X Ford 3/4 ton 4 x 4 pickup with utility box 1988 X or Used? 3B. Year purchased: 3C. Purchased new? 3D. Original Cost: $ $20,989 260 days 3E. Estimated hours/days used per year: 3F. Engine hours used per year if known: 3G. Repair history: Labor cost past 36 months: Parts cost past 36 months: Number of days down time past 36 months: 3H. Operating cost per mile (or other unit of measure): 4. Proposed new equipment to replace item described in ~3 above: 4A. Estimated cost of item: $ 15,000 plus equipment 4B. Budgeted money: $. 0, insurance replacement due to accident 4C. ~here is the money budgeted? Department name: Water/Sewer Capital Equipment Replacement Fund Department line item: 4D. Estimated operating cost per mile (or other unit of measure): $. 4E. 'Features' on new unit that are not on present equipment: a. 4F. What are the advantages or cost savinngs of the new features: 5. If first-time purchase: SA. Purpose of new item: 5B. How is this work presently being done? 5C. Cost of doing the task now? SD. Cost of doing the task if new item is purchased? SE. Estimated operating cost of proposed new item (per mile or other unit of measure: SF. Life expectancy of new item: 5G. Where will new item be stored? Is there space available? 6. Person's name making request and providing data: 7. Date proposed to City Manager: 8. Date reviewed at Council Work Session: 9. Date authorized to take bids: 10. Date of bid opening: 1!. Date of Council to purchase: 12. Council action: 13. City Manager's review notes: SWA/bj 031892 MAY-20-1994 09: 5? STATE. OF M. INNESOTA BID'SCHEDULE PAGE. POLAR CHEU GEO MRZDA 612 4.2_6 9267 P.02/0~ VENDOR: Thane Hawkins Polar C~evrolet GROUP DESCRIPTION EST. UNIT TOTAL OTY. UNIT pRICE PRTC~ 12. DNR Specification Number 94LT-14 6 EA -Cab: Standard Cab - Chassis Type: 4 x 4 -- GV%FR: 6100 - Box: 8 ft, Wide SAde Equipment: - Engine: Dodge 5.9L, Ford 5.$L, GM $.7L - Axle Ratio: Dodge 3.55, Ford 3.55, GM 3.42 - Automatic Transmission, with Overdrive - Air Conditioning - Power Steering - Power Brakes - AM/FM Radio with Clock - Tinted Glass '- - 6 x 9 Lo-Mount Outside Mirrors, Chrome Not Acceptable - All Season Radial Tires with matching spare - 25 Gallon Fuel Capacity - Heavy Duty Shock Absorbers - Engine Heater, 600 Watt - 600 CCA Battery - 90 AMP Alternator - Hub Caps - Cruise Control -'Rear Step Bumper V5 rating of 500 Lbs Tongue Weight 5,000 Lbs. Gross Trailer Weight, Installed with SAE Grade 8 Bolts Painted Dark Gray, Chrome or Polished Not Acceptable Dealer Installed Acceptable - Skid Plates - Front Tow Hooks, Dealer Installed Acceptable - Cloth Upholstery - Limited ~lip Rear Differential - Front Bumper Painted, Chrome Not Acceptable - Cargo Bed Light - Trailer Hitch, Rigid P-100 or equal Installed with SAE Grade 8 Bolts BASE PRICE OF UNIT PER THE S~ECIFICATION: ~: ~hevrolet TIRE SIZE: REAR AXT~ RATIO: ORIGIN OF MFGR.: $~a: 777_00 MODEL: CK10903 ENGINE: SUBSTITUTIONS: {SHOW A~OUNT DIFFERENCE FRO~ BASE PRICE ABOVE) - CHROME FRONT BUMPER IN LIEU OF PAINTED EA. $ (Continued) CITY COUNCIL LETTER Meeting of: May 23, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 APPROVAL ITEM: ESTABLISH WORK SESSIONS BY: P. HENTGES BY: NO: 9 G DATE: 5-20-94 DATE: I am recommending that Work Sessions be established for May 31, June 6, and June 20, 1994. RECOMMENDED MOTION: Move to establish Work Sessions for Tuesday, May 31 at 7 P.M.; Monday, June 6 at 8 P.M.; and Monday, June 20 at 8 P.M. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER MAY 5, 1994 CITY MANAGER'S REPORT FOR MAY 9, 1994, CITY COUNCIL MEETING 1) SOLID WASTE REPORT See attached Solid Waste Report for April, 1994. 2) REQUEST OF MEREDITH CABLE TO FILE ITS APPEAL ONE DAY LATE DENIED Tom Creighton, the City's Cable Attorney, recently received notice that the request of Meredith Cable to the FCC to permit them to file their appeal of the rate reduction and refund orders one day late was denied. The ruling stated that Meredith's appeal was too late, and that the order lowering rates and requiring refunds would go in effect. Meredith has appealed this decision. Attached is a letter which will be sent to Meredith Cable ordering them to begin the rate refund/credit in their next billing cycle. Also attached are press releases issued by Tom Creighton regarding this subject. 3) BUDGET FORMAT CHANGE In order to present a more understandable and useable budget document, I have proposed a number of changes to our past presentations. Attached please find for example the library budget. Each department or activity budget will be assembled under this format. All of the information including a statement of activities are covered by the budget, budget highlight narrative, City Manager narrative, table of line item expenditures and revenue if applicable, personnel summary, and a listing of major expenditure items will be detailed in one concise section. I believe this will make for a more understandable document and avoid some of the jumping back and forth between the various budget books. I request your comments regarding the proposed change. 4) SECTION 8 LICENSING ISSUE Enclosed please find correspondence from Metro HRA regarding a request to HUD to clarify their position on the city licensing requirement. As I previously reported, Metro HRA has in the past supported the City's position that a rental unit must have a city license (if licensing is required) before it can actually be rented under Section 8 rent assistance. To date, I have not received a reply to the other issues that I forwarded to Metro HRA for further clarification. City Council previously received a copy of that correspondence. 5) SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM VALUES PROGRAM On May 3, 1994, the second session of the Community Values Forum was held. Approximately 45 volunteers generated 24 values that will be rated and prioritized. In June, another town meeting will be conducted where the values will be specifically defined and presented for public comment. Commissioner Paul McCarron reported that he has received many favorable reports and inquiries from persons outside of Fridley and Columbia Heights as to our Community Values Task Force efforts. 6) CITY ATTORNEY SEARCH STATUS Councilmember Nawrocki has a request that I inquire with proposing firms the potential of including the HRA in any rate or retainer structure. That request has been made, and I am awaiting a response. 7) LEAD-BASED PAINT Attached please find for your information a report by Joe Voels, Assistant Building Inspector, with regards to his training on lead-based paint. This item has come up a couple times at recent council meetings, and I thought you may find Mr. Voels' report of interest. 8) TRAILER LIABILITY Councilmember Nawrocki requested that we inquire as to the impact of the city-owned vehicle pulling a trailer or float owned by an outside organization. It appears that the City by virtue of its vehicle liability insurance on the primary vehicle would be the source of liability. Additionally, damages or claims due to trailer maintenance or defects would also rest upon the City's shoulders as we are again the supervising or primary party associated with maintaining and storing the trailer or float. 9) POLICE CIVIL SERVICE MEETING As was previously reported, the Police Civil Service conducted a meeting on Tuesday, May 17, to discuss recruitment of police officers and appointment of a Police Chief. Civil Service Commission indicated that they will begin the process of assembling a police officer list by using the results of applicants taking the MPRS test. Though, no specific process was finalized for the Police Chief appointment, the Commission requested that the Mayor make a formal request to start the process in light of notice that Chief Mawhorter will be leaving June 10, 1994, as opposed to the October 2, 1994, date as previously reported to the Commissioners. The Civil Service Commission did indicate their interest in using a testing process similar to the process used two years ago. 10) CITY OPEN HOUSE Public Works should be commended for another fine effort in hosting the city-wide Open House. The other departments were well represented. I personally received many comments both from employees and the attending public on how nice it was to have other city departments represented. The Mark Winson official attendance count was 399, and the most hot dogs consumed by a single person was ten. 10 OUTSIDE AGENCY REPORTS Please find copies of various correspondence submitted by outside agencies as follows: a) b) 1993 HRA Audit Report - Does the City Council wish to review this at a work session? Metro HRA-Project Based Assistance Program - City Staff will pursue more information on this item as it may have some benefits in Columbia Heights. cb 94/54 crr OF FROM: DATE: SUBJECT: PATRICK HENTGES, CITY MANAGER VALORIE GIFFORD, SPECIAL PROJECTS MAY 19, 1994 SOLID WASTE REPORT - APRIL 1994 COORDINATOR 1) Tonnages for April 1994 (parentheses indicate figures for 1993) Curb~ide Multi-Unit and Recycling Center Tonnnge '118.97 Curbside .................................. Multi-Units ..................................... 4.85 Other commingled accounts (LaBelles) ................ 1.06 Recycling Center: Scrap Iron ..................................... 5.11 Corrugated ..................................... 1.06 Other ..................................... 4.32 Yard Waste Curbside ................................... 108.70 Other Materlnl-~ Abated 86 units Appliances ................................. Oil ........................................ Oil Filters (crushed) .................................. City Hall Commingled Recyclables ...................... 56 * 2.31 Tires ................................... Mixed Municipal Solid Waste Collected Curbside ................................... 506.30 Multi-Unit ................................... 120.50 Municipal Service Garage ........................... 3.03 Participation Rate Recycling Program Per above Statistics ............... 57.0% tons tons tons tons tons tons tons 5.81 tons gal. gal. (125.62) (7.79) (2.52) (5.26) (2.03) (4.09) (6.88) tons (.58) tons tons (51555) tons (127.67) tons (5.22) *The Clean Up Day on May 7th, netted 400 tires during the six hour collection. This figure does not include them. There was no oil pick up during the last month. Since the oil depository is now open only on Saturdays from 9 am - 1 pm, the amount deposited has gone down substantially. Solid Waste Report Page 2 Backyard Demonstration Site The Backyard Composting Demonstration Site is now complete and installed in front of the Recycling Center. It's intended purpose is to demonstrate what kinds of bins are available and what they might look like if you were to use them in your backyard. Decorative plantings have been put in to make it more garden-like. We have budgeted $5,000 for the purchase of recycling bins to be dispensed this year and next. The goal is to distribute free bins this year to approximately 500 residents. Next year we should sell them at cost. People will invest more time and attention to those things that they pay for, and we do not have bins budgeted for in the 1995 budget. Solid Waste Abatement Task Force We learned at the May meeting that the second score funding has been approved. I do not know the exact amount, but it does mean that we should be able to receive reimbursement provided we have spent monies exceeding our revenues. Our 1994 Municipal funding based on ?,82? households x $6.22 is $48,683.94. Our 1994 total allocation which includes $10,000 base is $64,624.09. We will receive a $5940.15 bonus. The Solid Waste Task Force is establishing a work group to look for alternatives to the current method of funding. My successor may wish to participate as a representative of a community which is experiencing an aging population. There was some discussion about the L. A. Gear controversy. L.A. Gear manufactures two tennis shoes that contain mercury switches (L.A. Lights and My Lil' Lights). Each pair of these shoes contain one gram of mercury, approximately the same amount as 25 fluorescent lamps. They are in violation of Minnesota Labeling Law requiring disclosure of hazardous materials. The company is cooperating with the State to achieve compliance in this law. Residents with questions regarding mercury and other household hazardous wastes must be referred to Anoka County at 323-5730. Commercial, industrial, and institutional questions or concerns must be directed to Anoka County Environmental Services at 422- 7063. The Household Hazardous Waste Collection The Household Hazardous Waste Collection held April 22-23 netted 379 vehicles and it was a much lower number than anticipated. According to zip codes, about 12 people from the Heights/Fridley area participated. VG/sh 94/1~ May 24, 1994 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Palrick Hentges Mr. Kevin Griffin President and General Manager Meredith Cable 934 Woodhill Drive Roseville, MN 55113 Dear Mr. Griffin: By letter dated April 20, 1994, Meredith Cable proposed a procedure to make any and all refunds which become due to its subscribers pursuant to the City of Columbia Heights' Rate Resolution and Order 94-10. Meredith has proposed to make this refund for the period beginning September 1, 1993, in accordance with the procedures set forth in the above-referenced letter. You were informed in a letter from me dated April 27, 1994, that on April 25, 1994, the Columbia Heights City Council approved, based on the recommendation of the Columbia Heights/Hilltop Communications Commission, the refund/credit plan as outlined in items I and III of your letter, and took no action as to the request for the stay of enforcement of the rate regulation order as outlined in items II and IV of your letter of April 20, 1994. On May 13, 1994, the Deputy Chief, Cable Services Bureau, issued an Order denying Meredith's Motion to Accept Pleading Filed One Day Late and dismissing its rate appeal and Petition to Stay the Rate Resolution. Therefore, notwithstanding Meredith's Application for Review of the Bureau's Order and request therein to reinstate Meredith's Petitions for Review and Stay filed May 17, 1994, the Rate Resolution is not stayed and is fully effective. You are therefore ordered to begin the rate refund/credit in your next billing cycle. You are further advised that your argument regarding any alleged undercharges being off-set against our ordered refunds was NOT permitted by our Resolution and Order and, having been a part of your dismissed appeal, is now NOT allowed in any refunds/credits you will issue. Failure to comply herewith would constitute a violation of the Rate Resolution and would further constitute a violation of the Franchise. Please contact me if you wish to meet further regarding the implementation of this Order. Sincerely, Linda L. Magee Assistant to the City Manager cb cc: Columbia Heights Mayor and City Council Pat Hentges, City Manager Columbia Heights/Hilltop Cable Commission Thomas Creighton, Cable Attorney 94/53 "SERVICE iS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION "'DF SERVICES BERNICK AND LIF$ON · ATTORNI~f$ AT L.AW iiOO WAYZATA MINN~LZ~, ~lt SCYT, A l~12,1 S40-l~,O0 PRgSS RET,s'o4SIt: - NEWSP~ AND GENERAL CIR~TION PUBLIC&TIONS OVER $1 lVflLLION ORDERED IN CABI~ RATE REDUCTIONS AND REFUNDS. -L__ I Il IKIL_ III _ II . Cable Communication Coenmt~4ion, No~ Central Cable Communication Corn_._ _m_ i-.~n, and ~ Cities Cable Communication Commiqion, ~long with tho City of Columbia Haights authorized to oversee cable mi._~!stifin for 26 ctti~s n~Finf M/un=ix)lb-St. l~u/), bep. n the m'duous federally manda~ mk of reviewing, r~/ulafin~ and rcductn~ ~ cable ~elevision rat~ for Meredith Cable, which provides cable television seryice m a munber of Twin Cities' suburbs. In early 1994, ~ local re~!.tory bodies hogan orderin$ Mm'~lith Cable m lowm' iu r~tas sad maim ro~uds to local subscribers in ~ with ~ federal lelgsla~on. On April 1:2, 1994, Meredith fried an appeal of zl~ rut~ reduction and te~zai orders with the Federal Commmiv~'om Commission (FCC). However, Meredith filed iu sppeal pas~ the FCC mmtsad deadline. Meredith f'ded a motion with t]~ FCC to ~rmit it to file its appeal lam. The Cities opposed thio motion. On l~y 13, 1994, the FCC ruled in favor of the Cities and ruled Ihat Meredith's appeal wu too lam aJxl tlmt the ordm' lower~ rates and mquh'~ mfiuLds would go into effect. Meredith lm now q42ealed ~ia lamat decision. 'To date, the otdel~ refunds total almost SI million, whid2 will be crodi~ to the' bills BERNICK AND LIF$ON PA PRESS 1U~LEASE May 19, 1994 Pagg 2 of subscribers in the nffected communities on t pro rata basis. Ia ~ome communities this may accoum for a fttll month or more of free cable service. The total effect of the rate orders will l~or ~ tnfonmiion please contact: Primary Conlact: Tbom~ D. Ct'ei~ou, F. aquire legal Counsel for Ccamni~iom and Cities l~-rnick and Lifson, A Professional Association Suite 1200, The Coloamde 5500 Wayzata Boulevard ~i~.eapolis, Minnesota 55416 (612) ~46-1200 Pax (612) 546-100~ Ms. Coralie A. Wilson NORTH SUBURBAN CABLE COMMISSION 9:~0 Woodhill Drive Roseville, Mitmesota 55113 (612) 4824261 Fax (612) 4~2-1262 Rep~semta8 tl~ Minamo~ Cities of Arden Hilll. l:alcon He.ts. I.auderda~. Lime C~,:.a_~, Moundsview, New Brigl~n, North Oaks, Roseville. St. Jmfllony. and Mr. Tm'y O'Conn~ll QUAD CITIES CABLE COMMUNICATIONS COMMISSION 737 East River Road Anoka, Minnmot~ 55303 (612) 427-1411 Fax (612) 421-9194 ~senttn~ the Mivme~om Cities of Anolat, Champlin, Ramsey, and Andover. BERNICK AND LIFSON PA P. O5 PRESS I~.~ May 19, 1994 Mr. lViich~l ~on BUBNSV]~LR/EAGAN CABLE CO--CATIONS COMMISSION 3830 Pilot Knob Road Eagan, Minnmsoa 55122 (6t2) ~81-4608 Fax (6120 681-4612 the Miammm Citie~ of Bums- ville a~l F.~. Mr. Mik~ Cus~k NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS 1630 10lst Aveuu~ N.E. Blaine, ~m Fax (612) 780-8242 Relm~ntt~ the Minnesota Cities of Bltine, Centervine, C~te Pines, Coon Rapids, X-hmLtke,~,~~, a~ spri~ ~ ~. CITY OF COLUMBIA 590 40th Avem~ N.E. Cotumbl~ Heighu, bflnnmom 55421-3r/8 (612) 782-28~0 F~ (612) 7S2-2801 1~~ the ~ Citi~ of Columbia Heights and I-!!]ltop. BEEN~CK AND LIFSON PA P. 0~ BERNICK AND LIFSON PRESS RELEASE - TIt~E JOURNAI~ OVER $1 I/II.I.ION ORDERED I~ CiBI.~ ilATI/IUiDUCTION5 ~ l~lltlN])S. I I · In mid-1903, the North Suburb.- Cable Communications Commission, Burns~e-~an Cable Communications Commt~ion, North Cenh'al Cable Communications Commiuion, and Quad Cities Cable ~ons Commi~ion, alon~ with the Cit7 of Cohnnbia Hei~s (~ the fr~..hising ~iaorities for 26 ci~os z~-i~bor]~ Mimzapolis-St, lhml), b~an the arduous f~y mandamd lask of t'eviewing, re~mlatt~ and reducing the cable m..levision ~ for Met, edith Cable, which provides cable television service to a number of Twin Cities' suburbs. In ~.~rly 1994, these loci relulamey bodies be~ln orderln~ Meredith Cable to lower i~s rams and make refuach to local sub~cn"oers in accordance with the 1902 Cable Act. On April 12, 1994, Meredith filed an appeal of the ram reduction and refuai orders with the FCC. Meredith filed its appeal past the $0 day deadline for fllin~ appeals. Meredith filed a motion with the ICC m permit it to file its appeal late. The Cidws opposed this motion. On May 15, 199~, the Cable Servic~ Bureau ruled in favor of The Cities and slamd thai Mewlith's appe,l was un.ely, The appeal was dismbwt, ,nd the orden lowerini ~ and requidns refluxls were pui trim effect. Meredith Au now appealed ~.i._ docLsion of the Cable Services Bureau u) ~hc full Conmi~on. To (la~, the ordered refunds total almost $1 .million which will be credited to the bills of subscribers in the affected com,,-,-ities on a pro rata basis. In some communities this may BERN[CK AND L[FSON PA I~ . 07 PRESS R~:-t AA~E May 19, 1994 Pn~e 2 ~ccount for s full month ot mom of free cable se~ce. The total effect of the rate otdet~ w~ exceed ~ble flgu~ in prospective ram reductions. For further infotmagon please contact: I.t~tl Coua~l for Conuni~om ami Citi~ Bcmick and ~n ~f~i~ ~~ ~ 1~, ~ Col~ (612) ~12~ (612) 5~~ Ms, Con/ie A, Wilson NORTJE SUBURBAN CABI.3i: COMMUNICATIONS COMlVHSS~ON 950 Woodhill Drive Rosevtlle, Mimmo~ 55113 (612) 482-1261 Fax (612) 482-1262 ~ the Minnesota Cities of Ard~ N!!la, Falcon lrbtghts, Laudetdale, Little Canada, Mound~view, New Bri&bton, North Oaks, Roaevl/le, St, Am/tony, and Shomview. Mt. Terry O'Connell QUAD ClTlgS CABle. COMMIJNXCATIONS COMer[. _SSION 737 ~ ~ Ro~ ~, ~ 553~ (612) 4~-1411 F~ (612) 421-91~ the Minn~tn C ifi'"'~ of Anolut, PRESS RELEASE May 19, 1994 Pa~e 3 tVtr. Michael Reardon BURNSV~.w.~,AGAN CABLE CO--CATIONS COlVtMISSION 3830 Pilot Knob goad Eagan, ]vfinnmota $5122 (6[2) 681~08 Fax (6120 681-4612 the Minnesota Cities of Burro- Mr. M~ Cmick NORTI~ CgNT~AL SUBUEBAN CABLE COMMUNICATIONS 1630 101st Avenue N.E. Blaine, ~ 55434 (6~2) 780-8241 Fax (612) 780-8242 l~p~ the Miamaota Cities of Blaiae, ~, Clinic Piaea, Coon Ral~ids, I. lam t, ake, ~, Ltno ~, a~ Spr~ Lak~ Park. P. epmeut~ the Minnmom ¢iti~ of Cotumbia ~ aad Hilltop. CITY OF COLUMBIA HEIGHTS FUND TITLE: LIBRARY FUND NUMBER: 240-45500 PROPOSED 1995 BUDGET ,1 DEPARTMENT: LIBRAR!7 ~ SUPERVISOR: LIBRARY DIRECTOR '~. DESCRIPTIOH The library's main goal is to provide free access to informational and recreational materials for the patrons in a pleasant environment conducive to the acquisition of knowledge. A variety of library-related programs, (e.g. storytimes, reading clubs, filmtimes, homebound delivery, etc.) are offered for patrons of all ages, from pre-school through senior citizen. As a City supported library, Columbia Heights participates in the MELSA regional system through a contract with the Anoka County Library, the Statewide Borrowers Compact, and the METRONET. This enables Columbia Heights patrons to gain access to special services and scholarly materials available at other participating libraries. SUMMARY OF BUDGET The total library budget decreased by $6,234 between 1994 and 1995. Personnel costs decreased due to a retirement in 1994 and a position being filled at the entry level. Supplies increased by only $220. Other Service Charges decreased by $2,468 due to less spent on film rental and fewer proposed capital expenditures, which msuited in less sales tax Capital Outlay decreased by $3,813 due to fewer items being scheduled for mplacament in 1995. Contingencies and Transfers increased by $4,427 due to higher administrative overhead to potential settlements for 1995 labor contracts. CITY ~IANAGER RECOMMENDATION Page I 1995 UBRARY BUDGET UBRARY Department City Manager Actual Actual Adopted Proposed Proposed 1992 1993 1994 1995 1995 3OOOO 3!~000 3'1010 3'1997 3,1000 3,1110 3,1120 34130 34150 34997 :~5103 ;35290 35997 39OOO 39140 39197 39200 39203 39297 39997 REVENUE TAXES Current ad Valorem TOTAL TAXES CHARGES FOR CURRENT SERVICES Library Photo Copies Library Other Library Video Book Bags TOTAL CHARGES FOR SERVICES FINES AND FORFEITS Ubrary fines Other Misc. Revenue TOTAL FINES AND FORFEITS NON REVENUE RECEIPTS Other Ref & Reinbursements TOTAL NON REVENUE RECEIPTS TRANSFERS Transfer Fm General Fund TOTAL TRANSFERS TOTAL UBRARY FUND TOTAL EXPENDITURES CHANGE TO FUND BALANCE BEGINNING FUND BALANCE ENDING FUND BALANCE 378,979 390,348 390,348 0 3,108 4,000 4,000 0 1,406 1,200 1,400 0 2,624 3,295 3,500 0 0 0 200 ........... ......---.-- ~-.---.-.-.-.,~-,-.-.:<~.,:-:..:-:-:-;-;=... '..----"-.---.:~:.:-:.:.:-:.:.:-:.-'<::: :-:.: ~.: :::-'".:::~'" '"" '::~:::::.'::::~:::.::-:'-.'::'<:.<:~$!:.::~,F "::~' T' '"' ":i~i:~:~:~:!:!:!:!:i:!~?'.-! i ! ! i ! i i i ~ i ! i i ~.:.~::.:::: ..................................... :::: :-:-.:::::::.:.:.>.,....~. ~.~_?~,e~i~:.::.:.::~. ........ .~:.:.:~ .:.:.:: ......... ::::::::::::::::::::::::::::::::::::::: ............... [-':i ~ -:::~!!~::::.:?.::._.'-:-:~:-:~i~.:~ ~:-:~'~ -~: ::::::::::::::::::::::::::::::: ~-,~-"~,~ ~ ...... ~:::~:':':':':-:,:~*:~':':-':' ......... ~ ............................................................... 0 9,879 10,000 10,000 0 19 0 0 0 44 0 0 0 12,590 7,500 0 0 25,869 (9,064) (9,231) 0 0 0 11,324 25,869 Revenue Narrative The library tax levy was increased by 3% in 1994. There is no increase proposed for 1995. 1991 $367,941 1992 1993 1994 1995 Service Charges Current charges am: Photocopies Video Other No increase is proposed for 1995 Currant fines am: Adult materials duvenile materials Feature films 14o increase for 1995 $378,979 $378,979 $390,348 $390,348 $.15/sheet $1.00/2 days/feetum film $1.00 lost library card $.50 ming/damaged barcode varies for lost media bag, broken av case, lost video box, etc. $.50 lost check card $. 15/day $.10/day $1.00/day Page 2 UBRARY 100 1010 1011 1020 1050 1070 1210 1220 1225 1300 1510 1700 1997 1999 2000 2010 2011 2020 2025 2030 2161 2170 2171 2175 2180 2181 2183 2184 2185 2186 2187 2188 2280 2990 2997 2999 3050 3105 3210 3220 3250 3310 3430 3800 3810 3820 3830 3840 3850 Page 3 Actual Actual Adopted 1992 1993 1994 1995 LIBRARY BUDGET Department City Manage; Proposed Proposed 1995 1995 PERSONAL SERVICES Regular Employees Part Time Employees Overtime Reg. Emp. Severance Pay Interd. I nhor Service P.E.R.A. Contr. F.I.C.A. Contr. Flex Benefit F.I.C.A. Insurance Worl<er Comp Ins. Allocated Fringe TOTAL PERSONAL SERVICES SUPPLIES Office Supplies Minor Office Equipment Computer Equipment Computer Supplies ACS Supplies Printing and Printed Forms Chemicals Program Supplies General Supplies Food Supplies Books Periodicals,Mag. News Audio Cassettes Video Cassettes Compact Discs Storytime Media Media kits Microform Vehicle Repair & Part Purchase for Resale TOTAL SUPPLIES OTHER SERVICE CHARGES Expert &Prof. Serv. Training & Edu. Act. Telephone & Telegraph Postage Other Communications Local Travel Expense Advertising Other Legal Notice Publish Insurance & Bonds Utility Services NSP Utilities Water Utilities Gas Utilities Refuse Utilities Sewer Utilities 0 171,577 174,438 173,597 0 49,337 49,795 51,053 0 482 512 512 0 0 7,399 0 0 1,493 1,916 2,000 0 9,997 9,775 8,072 0 14,145 15,057 17,084 0 123 134 140 0 10,781 16,200 16,200 0 1,770 2,648 2,518 0 618 747 800 0 2,056 2,150 2,150 0 0 400 200 0 970 0 1,125 0 220 355 355 0 0 4,150 1,400 0 1,805 390 510 0 248 0 250 0 973 1,215 1,365 0 5,601 5,745 5,800 0 60 75 75 0 41,088 42,514 43,500 0 4,168 4,284 4,370 0 597 800 1,500 0 2,686 2,900 3,200 0 1,093 1,300 1,400 0 0 0 75 0 246 300 300 0 1,935 1,887 1,700 0 25 25 25 0 0 0 200 0 10,519 15,307 15,355 0 60 300 350 0 1,606 1,697 1,697 0 298 498 420 0 910 1,005 1,005 0 105 140 140 0 188 225 400 0 12 25 25 0 3,734 3,827 3,923 0 1,508 0 0 0 0 0 0 0 0 300 30O 0 0 0 0 0 0 1,183 1,069 0 0 300 300 ' I LIBRARY Actual Actual Adopted 1992 1993 1994 1995 UBRARY BUDGET Department City Manager Proposed Proposed 1995 1995 4O00 4O2O 4{)50 4100 4300 4330 4395 4997 4999 5'120 5'130 5'170 E997 6999 7'100 8100 ~,)97 Repair & Maint.Serv. Honeywell Maint.Contr. Garage,Labor, Bund Rents & Leases Misc. Charges Subscription,Memb. State Sales Tax TOTAL OTHER SERVICE CHARGES CAPITAL OUTLAY Bui.!ding & Improv. Improv Other Than Buildings Office Equipment TOTAL CAPITAL OUTLAY CONTINGENCIES & TRANSFERS Operating Trans Out Admin ~_-hor Contingencies TOTAL CONTINGENCIES & TRANS. TOTAL LIBRARY TOTAL LIBRARY 0 13,523 14,741 14,500 0 15,495 14,719 15,495 0 88 185 150 0 1,111 1,225 975 0 14 100 100 0 20 475 475 0 1~340 3,764 ~ .~ 1,500 0 0 5,500 1,100 0 0 200 0 0 1~866 ~. 6~113 6~900 0 6,289 6,467 6,664 0 0 0 4,360 < 0 67289 67467 11~024 :.:::::::-:.:-:-:~ :.:-:,:.:.:-:.:.:.:.:-:.: -:~.-..~.~ ' ~;:-:-:-:-:-:.-:-~ :-:-:-:;:-;-'..........: ...... : - ..:: :::::::: ::: :.- · · · ?.. :.::. ;.......:::::: ::: ::: :::.:..~i;~'' :.' ..-...: ....... ~..:. ~-:~ ........ i:i: :i:i:i::::i:i:i:i:~:i:i:i:~:?.::i~:~:i~:~:i.:-:: i :.~.~.: ~-::i ........... :::::::::::::::::::::::::::::::'-'-:: :'~:i:?-::':-:-: ' ~:::~:i~:~:~:~:~:~:~:~:~:~:~:~ .............. ~ .............. ~'~ ~i:i~::: :!:~:~:~:~.'i:i::,:i:i:i::,:i:i:i:~:i-':.:i~:i~:~:~:::~:: :.::::~:~:~:~'~ ~:~: :~:'.-:: :!: :~: ~07~:: :!:~: :~:~:::::: i.~8~8~0 SUMMARY OF COST FACTORS FOR THE COMING YEAR Copier paper CD-ROM player Wands Terminal Overdue/Request notices Sarcedes Children's programs supplies Adult prngmms supplies Other Service & Charges Anoka County Ubrary Automated Circulation System Catalog charges Telephone overdue~request notification system Telephone renewal Auditor's fees Performers Telephone & Payphone Film rental 1,000 Book supplies 2,900 200 Covers, cases, boxes 700 625 Targets 1,200 300 Books 43,500 900 Periodicals, newspapers 4,370 400 Audio cassettes 1,5OO 965 Vldees 3,200 400 Compact discs 1,400 Microform 1,700 Dedicated phone 4,800 for ACS 1,005 8,000 INsurance 3,923 Maintenance contracts 300 Gestetner 1,521 640 Toshi3a 535 1,065 Janitorial services 9,300 550 Misc. painting 1,500 1,697 Honeywell(NSP,Minnegasc~ 15,495 5OO Sales tax 1,500 _Capital ,Outlay Re-tile entry Caq3et basement hallway Contingencies & Transfers Administrative overhead Contingencies (salaries, fringe) Page 4 400 Copier 6,500 700 2 steno chairs 400 : 1995 LIBRARY BUDGET .. '~ SUMMARY OF COST FACTORS FOR THE COMING YEAR (CONTINUED) Capital Equipment Explanation ITEM DESCRIPTION Re-tile lobby entryway Carpet basement hallway Copier (staff use) 2 steno chairs ORIGINAL ORIGINAL PROPOSED PURCHASE COST COST DATE 1965 Unknown 400 1965 Unknown 700 1988 4,800 6,500 1986 donated 400 Re-tile lobby entryway: The tile is chipping and breaking away from the door thmshhold. Some tiles am loose. Carpet basement hallway: The tile is chipping and breaking. Area also becomes wet in winterflall Carpet basement hallway: The tile is chipping and breaking. Area also becomes wet in winter/fall and can be slippery. I recommend the same carpet tiles as in the main floor lobby. Copier (staff): The Gestetner copier pumhased in 1988 has become old, unreliable, and a service nightmare. It is too small fog the volume of copying done at the library and is not make to do two-sided copies. It has required high numbers of service calls in 1993-1994 with corona wire and drum problems high on the list. It needs to be replaced with a reliable, high-volume machine capable of automatic duplexing. Two steno chairs: Two chairs broke in 1993 beyond repair and two were repaired. These will need to be replaced in 1995. Explanation of Personnel The Children's Services Specialist, who retired in January, 1994, collected $7,715 sererance pay. The Children's Librarian started in January, 1994, at the entry level. One full-time position does not currently oft for health insurance through the City plan, but line item 1300 carries the allocated amount for the position in case of a personnel change during the year. Staffing patterns are the same for 1994 and 1995. 1994 1995 F.T.E. TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL EMPLOYEE SALARIES FRINGE COMP SALARIES FRINGE COMP 1994 1995 & FRINGE & FRINGE Library Directm 1.00 1.00 55,512 11,523 67,035 55,512 11,440 66,952 ! Childrens Services Spec. 1.00 33,574 6,250 39,824 Children's Librarian 1.00 8,409 1,885 10,294 32,649 7,403 40,052 Adult Services Specialist 1.00 1.00 34,800 7,687 42,487 34,800 7,677 42,477 Clerk Typist II 1.00 1.00 27,103 6,703 33,806 .27,103 6,695 33,798 Clerk Typist II 1.00 1.00 22,951 6,173 29,124 24,045 6,305 30,350 5 library Supervisors 14,846 1,533 16,379 15,428 1,548 16,976 8 Pages I Choreperson 3.75 3.75 34,949 2,901 37,850 35,624 2,946 38,571 TOTAL 8.75 8.75 232,144 44,655 :276,799 .225,161 44,014 269,176 Page 5 April 29, i'r)4 M; )~ m L_-a~on, Director Fal: ' tle~ir:g DM.~ion Il U L) ,M'¢a Office ~.2,. '~ end Street South ~.. C:i¥ ~ccr. smg ,.~:-r Rental Dear Mn l.arson: had a situation ia the City of O>iumbia Heigh:s ~-here, even though a property p~cd ~= ....... ~a ~,x~tz ¢:ai?ard inspection g~d ~'~ determined to be ~ent le~og~o;e, the :-:~':~,~,,~ }~RA, our adminMra~i-~-e ~;e~ce provide~ ~ the:~'," ref~ed to begin Section :: a re:~:d licer~e, required by city ordinance, w~ obtained. Your letter da~ed Mav:h ' ~. "t?--., =:;,=e:il p-~ctice or requiring properties to be licemed in Columbia lleigMs CFR ~Zio2, an,.,~,,,~.," ..... is de.qued ~ any person or ,.n.b, inc!adi:~g h~dng .... tae legal ~'.,%h~,~ ':o l~a~e or .u~lc~e existing homing.' ordinance (copy enclosed) "no per:-on, F~rc4 or corpotr, tion shall dwelling in the Ci:y Mtheut t, aving tqrs~ o5~a[ned a lice~e., .' To a~,e~,~.,,,-~'~";"'-r'~" must be made to the City and ti:e unit inspected, a -'~ co~w,,~auce ~{th the [bo~aslng mak~tenance] cede. '.) : '..~,,:s ~:': c:'~v.~, i a<au~ ~ to o_ ~ply ~qtb. the city" '[ renta! licensing ordinance impair hi~,,her status as :,,: ,.,v .-..:., :, der'reed in 24 C: '. 882.1027 ;:cu. l>-rompt co ; [:,lease curl!act Since'. ely, ~ %om~ C. McENeen Manager :eration of this matter. If you need additionm mforma~ion regarding at 291-6306. 619 2'~i--'%359 F.~x 291.65.'50 TDD 291-090'1 E',-rq.; fo, ,e r . Metropolitan Council Advocating regional economic, societal and environmental issues and solutions Dear City Manager, Ad.mmls~amr, D~ector or Planer: like to alert you to a program to enable your community to exTand its supply o£ housing affordable to people with low income~ and, at the same time, maintain and upgrade your existing housing stock. Caged Project-Brined Assistance, the program allovrs thc Metro tLRA to allocate Section 8 rent assistance certificates to newly coct.~tructed or rehabilitated homing units. Eligible families receive rent assistance as long as the>, reside N the project.-based dwelling unit. Priority for participation h~ the Project-Based Assistance. program is given ~o projects tF. at provqde housing for large families, alld/o!' .,,at combine housing with services te help [amilk~ witl~ Iow incomes imcome seff-safficient. Service~ can include assessment and career planning, adult bazic education, GED preparation, vocational trainiag, on-the-job training, job seeking and keeping skills, persona! counseling, support groups, parenting classes, i'am_.:iy coumcling, child care and transportation. Services ne~l not be offered on site, but must be convenient!y located and acc~sible. Metro _.:a. tt~. can ass;st in ;dentifying potential resources for such projects. Priority is also given to projects in mmmunities with a shortage of subsidized rental housing and housing affordable to people with Iow incomes. It is important that no constn_~cfion or rehabilitation on any proposed project be started prior to formal approval by Metro HRA. 'flour community benefits in several way-z: stay instead of moving to areas where afferd;sNe l~ou.qng is more plentiful and concentrated. The city's housing stock is upgraded. Families are helped to become more self-sufficient, with a goal of moving off of government assistance. For more information about Project-Based Assk~tance, or if you arc aware of any situations that could be adapted to this program, please c~.ntact Da'.'c RuedY, Metro HRA Rehab/Inspection Coordinator, at 291-6596. Sinc~:r~_ Thomas C. McEiveen, Marmgcr Metro HRA Mears Park Centre (~ Rec.ycled Paper 230 East Fifth Street St. Paul, Minnesota 55101-1634 612 291-6359 An Equal Opporttmity Employer Fax 291-6550 TDD 291-0904 OUR COMMUNITIES ARE NOT POWERLESS~ MEMO TO: SO UTHERN ANOKA CO UNTY COMMUNITY CONSORTIUM Community Valu~'~a(~: SoUthern Anoka County CoirllrlUili[y Culi~Ol[iU~ (SACCC) Members include Cities of Columbia Heights, Fridley, Hilltop . School Districts 13 and 14 Anoka County May 11, 1994 SUBJECT: Community Values -- Prioritization Activity On May 3, 1994, the first Community Values Task Force meeting was held to identify community values. The attached sheets contain 24 values generated that evening by approximately 45 volunteers. The next step is to weigh and prioritize these values; and, it is important that everyone, whether or not you attended the first Task Force meeting, responds to this letter. Once weighted and prioritized, these values will be shared at a June Town Meeting. The process we would ask you to use to prioritize and weight the suggested community values is as follows: Ap Score or weight each value on a 0 to 5 scale with 5 being the most important value and 0 being the least important value. You have 4 of each number to "spend" or use, AND you must use all 4 of each number and no more than 4 of each number. In other words, you must rate exactly 4 values at 5, 4 values at 4, etc. Take care to complete the sheets according to the directions so that your work can be counted in the final rankings. Do A su.q.qested approach would be to start by identifying your top 4 and giving them a 5 and your bottom 4 and giving them a 0 and to then work from there in sorting out the rest. Use a pencil and an eraser! Finally, to be counted in the final rankings, your sheets must be returned in the enclosed envelope no later than June 3, 1994. All scores for each item will then be tallied, and items will be rank ordered by total score prior to our June Town Meeting. At that meeting, the preliminary list of values will be presented and people will have an opportunity to respond to them. If you have any questions, please contact Dr. Dennis Rens at 571-6000. Thanks for your continued help! Attachments Government Center · 2100 3rd Avenue · Anoka, Minnesota 55303-2489 · (612) 323-5680 0-5 WEIGHTING VALUES PROJECT PRIORITIZATION SHEET April 1994 VALUE 1. Caring/compassion/kindness 2. Commitment/dedication 3. Intregrity/honesty/sincerity 4. Responsibility/accountability Respect 6. Trust 7. Sportsmanship/fair play 8. Community pride 9. Appreciation of differences (diversity)/tolerance 10. Courtesy 11. Self-control/discipline 12. Contentment 13. Sharing/generosity 14. Self-worth/human worth 15. Communication 16. Forgiveness 17. Citizenship/patriotism 18. Courage 19. Justice/fairness 20. Environmentalism 21. Non-violence 22. Learning 23. Community 24. Family integration (wholeness, healthiness) REMEMBER - 1) 0 is the least important 2) 5 is the most important 3) You must use 4_ and only 4_ of each number 0-5 4) RETURN in the enclosed envelope no later than June 1, 1994 VALUHH.DOC CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Smrdt:vant Councilmembers Donald G. Jolly Brace G. Nawrocki Gary L. Petcrson Robert W. Ructtimann City Manager Palrick Hentgcs MEMO FROM: SUBJECT: DATE: May 16, 1994 TO: Pat Hentges, city Manager Don Schneider, HRA Executive Director Joe Voels, Assistant Building Inspector/ LEAD - BASED PAINT As you know, I attended a seminar titled "Lead Training for Supervisors and Contractors" on April 5-8, 1994. I have been waiting to hear what happened with State Legislation that has been pending, before issuing a "memo" on this subject. The following is a brief ascertation of what was covered in this seminar. 1) As of July 1, 1994 it was going to be required (State Statute 4761.0100) that All contractors ascertain if lead is present before any work is performed on any dwelling units that may contain lead (i.e. 1980 or 1978 and earlier housing stock - depending on who you ask). The hope is that this delay will allow this issue to be more realistically addressed. See attached copies of letter from State Representative Karen Clark dated 4/6.94 and cover sheet of March/April 1994 - MN NAHRO Report. Dan Elsen with GMMHC informed me that the bill that delays the above stated date (requiring testing) to July 1, 1995 has passed both houses of the legislature and is awaiting the governor's signature. 2) All LEAD ,,ABATEMENT" must be performed by a licensed lead abatement contractor. The definition for "lead abatement" seems very clear or vague depending upon who you talk to. The Department of Health issued a memo dated Mach 9, 1994 (see attached) which indicates that any time lead paint is damaged during the course of any "work", the work now (upon damage) becomes lead paint abatement and must be performed by a licensed lead abatement contractor. EXCEPT: Minnesota State law does not require any testing of paint surfaces for lead to occur (delayed until July 1, 1995). Page 1 of 2 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES SUBJECT: LF~D - BASED PAINT EXCEPT: OSHA Instruction CPL 2-2.58 Appendix "A": Inspections Citation Policy dated December 13, 1993 stipulates that a contrac- tor must implement protective means (or at least monitor the environment the worker is in via approved air monitoring tech- niques) for his workers on any project that may (pre 1978 or 1980 Housing) contain lead unless the contractor tests all potential sources of lead and finds NO detectable levels of lead. NOW: If the contractor finds any lead and must damage the surface, State law defines the work as lead abatement and requires that only a lead abatement contractor perform the work. THEREFORE: even though the State has (probably) delayed a "requirement" for testing for lead to perform work on potentially lead contaminated structures, OSHA does require testing (or automatic protection/monitoring of workers) and if discovered, the State requires that the work now be performed by a licensed lead abatement contractor. THEREFORE: I am somewhat confused by all the excitement over the delay of the "July 1, 1994" date by 1 year. Although it appears that the "liability" for lead contamination falls on the contrac- tors shoulders (vis OSHA regulations) I wonder if the building owner and/or an HRA could be drawn into a law-suit and be shown to have responsibilities (liability) as to requiring (monitoring) a contractor to follow all applicable laws, especially since this issue involves more than just the contractor's employees (i.e. potential contamination of the building occupants). CONCLUSION: How all of this affects the City and/or the HRA should be deferred to an attorney for their evaluation/comment. I am sending this to the State Department of Health, State Representative Karen Clark and other HRA agencies (G.M.M.H.C., MCDA, ACCAP, Hennepin County HRA, Plymouth HRA, Richfield HRA, etc.) to inquire of their opinion/agreement/disagreement with my synopsis of the situation. cc: Angela Schlender Evie Nygaard jv/lead Page 2 of 2 HC~R $6L FRHILY ID:6126755248 APR 11'94 10:45 No.O02 P.02 Kmren Clark ~ eIA Minnesota House of Repr entaflv Nl#O III l~'iandl O! Chll~l~ood l~ld Poisoning Zlllina~lon i~ ~ad ~pru~t/ve ~ren Clark ~11 S, 1094 xgg4 ~ad BIlls - S~tus ~datl and Action Ale~ X &m vz-Lting to you beo&u~a you vita tnvolvmd vl~h By 19JZ or 1993 ~AX~o~ ~ad ~Lmoni~ BAIZa that Xover~ thi acaeptable blood lead Levels Xn ~il~en and pr~n~ v~en to ~v re~eMati~a fr~ ~i ~en~ers fo~ Disease ~on~ol pu~ An notion a olean-up priam. ~ T~Ag session we have 3 btllu~het &dd~ss~he iaeu~s ~t %)la~ko~ tnau~.snoe ~Or Zead 1AabAXA%¥, z) de£Aning revised ruquiEeuon~a zor con~re~oro h~s~Oldl ~0 ge~ laid aMtmn~ orders M~auu. o~ a zua ~OZosed is a desorip~lon and Ue~rren~ status or each ~LXl. Z ned leu ~e_~11_7o~ s!~rm ena Xeprem~tat~vo. to sex t~m ~o sup~or~ h~iat/ves. T~e~er ve have fough~ h~ to devuXo~ Alva ~a~ pro~e~ our ~11~en a~keep our he. lng stoc~ arf0~able. ~Aeee b~XZs are ~mn~Anue~at foc~. Nlnnasota bas beccme I leader in recogn~zing~he need VoueXe our environment mZead-sa~e". Un~il recently it vas ~o~bt ~~ Bust r~ove ill of ~e ~atible aourMs of 1ead e~osure. ~e~obleU ~r~oh AB thi~ it La aa ev~reualy ~~ive t~ ~ have never ~ded any ~tve and relies on ~ue~Aon, An-place Mnagsuo,t of ~tact Lead. _ ~m, ap~nfe abato~ntM~8 ~4~r~ pr~ed~os that prote~~h ~i~en end wrkoro fr~ l~isening. . order ~olmLld on,hat e~for~and to mtreng~hon~hemPeign~o realimt/call¥ rA~nce b ~blLc heal~.~nd b~ein~ ~i_~~~ represents ~, ~X (6L3) 296°2146. ~ol~ ~l~le sell (6Az) zjo_o~ve ~tre ~ legislators response lo Z o~gage ~ o~por~ or o~eXtlon, 7ZZ-77Z~ MCDA SGL FAMILY ID;6126?$52a8 APR ll r9~ lO:a4 No.O02 P,V1 ~, .t~ ~I~ ollt; ~a~t C~ ~i~ vould tllo~ ~n tncomf tax crcdi~ household ~ho =oc~tivo~ ~ua~ ~amen= order ~rom hua1~h do~r~o~2 ~cau, ~ el ~ luad pol~on~ c~tl , ~1; Uould help provid~ O0~c ~tn~ncial r,~I.( ~ ma c~1]_ t~ ta~ ~itt, ~e~r, to u=ge ~,li= ~up~ ~ n~ ar a~ ~t~t th~ bill, HQu~ ~lo9r · ~rovl;~lon i~ th~ luv ~or co~tract, ar~ ~ho d0 ro~0va2io~ ~nd rah~bili~t~on york. Zt ro~ova~ the requir, licant ad and ~rainod '~' ~h~ontrac~or~ It tho~ do ~or~h~"di=~-turbs int~o~~m,~ ~ol.y bill alee dlrmct~ the ~p~rtment of Health and th~ DOpart~t A~tni~tra~lon to ~ea~ ~d work vl~ ~o r~ ~idcntl,ll diroc2iv ~or L~d~af,. ~ork pr~codur~ ~et lnctudc rep~a~o~, cle~up, and dlo~sal. ~vo~ a~a ~ o~ york involved and ~t poten=t~tl , ~ hazard. ~ctivitie. ~o ba ~pocificall addr~,oOd includ, pain~inV, remodeling, ~eather£tation, ~n~tallation o~ ~b] , vita, pI~tn~, d~d q~u. a~ replac~mcn~ of door~ and Tht~ i v~ impor~t ~au~ ~omc o~ th( ~ork ou~lin~ a~vc c~n potentially ~ v~ ~zardous vhiL- o~or ~ork ~o~e~ airily,il =~nccrn. Th, hazard ~n ~r, ltlt ~creasa it th~ con~ra~or ~,' york does not hav~ ~ht prcpa~ ~ducation in ~1. praotio, ;. Th, ~tinq~ ail1 help 2L ~otc~in, ~ich ~vt~ o~ ~aintn~ ~nd ~uc~tion ~re ~o~ appr~priat~ ~o inO~ ~rk pr~d~ ~hl~ viii pr~toc~ bo~h ~orker,- a~ chilean - ~m ~d ~11 co~t~o0~ =nd ~ni~i~ for Houa, ~loor, M NAHRO 0 R T ~l/larch/,4pril, 1994 LEGISI,ATIVE PROGRAM PROGRESSING Many of thc issues identified in Minn.esota.~lAHRO~s-t~ State Lcgisl:flivc Program are working their way through committee process. Thc following summary highlights th status of some of thc issues being sponsored by thc Chapter. fLead Based Pal - NAHRO has taken a leading role in [drafting legislation that would delay for one year the implementation of state testing and abatement requirements. £ffeclivc July 1, 1994, thc current law will require testing of all potential Icad surfaces' in pre-1978 housing before any rehabilitation activities may be undertaken. If the testing shows that Icad exists, then abatement by a certified contractor would be required. NAHRO has sponsored lcgislatiou th:fl would change thc implementation date to July 1, 1995. This language is included in HF2916 and SF2710. These bills also require thc Dcpnmncnts of Health and Administration to work with housing agencies to develop ~ Lan[~.ugc that would~.~d.tt-~ and PHAs as eligible claimant agencies under thc Revenue Recapture Act is included in thc Public Finance Bills. authored by Representative Rest and Senator Pogemiller. INSIDE ~.~. "i: The Act may provide agencies with a method to collect for unpaid re,ts or property damages. Separate bills. HR2310 and SF2076. that would establish a State mn debt collection system arc also moving forward. Community Rehabilitation Fund - NAHRO has been woddng to secure additional appropriations for this MHFA program. Originally f~ndcd at $4 million, the Governor used a line item veto to reduce the appropriation by $2 million. The House appropriations bill for Housing and Health includes $400,00 in new appropriations for CRF. The Senate has not yet marked up a bill. includes an additional appropriation. Memos' From Merehers ' ~ ' ~ · HoUSing N~ Community D~vdopmenr News Personnel Notes Conference and Training Schedule Legal Colunm: ADA $ 4 $ 6 6- ? DEPARTMENT OF HEALTH TO: FROM= INTERESTED p.~KTIES Douglas M. Benson'~ Lead Program Unit Supervisor STATE OF~ MINNESOTA 'OFFICE HEMORANDUM DATE: March 9, 1994 RE: DEFINITION OF LEAD ABATEMENT Minnesota Statutes, chapter 144.871, subdivision 2, defines lead abatement .as folio%cs: "Abatement" means removal of, replacement of, or encapsulation of deteriorated paint, bare soil, dust, drinking water, or other lead-containing materials that are or may become readily accessible during the lead abatement process and pose an immediate threat of actual lead. exposure to people. This definition specifies deteriorated paint. Therefore, removal, re_p~lacement, or encapsulation of intact paint is ~ lead abat~T, ent ~ the~paint is damaged by the work ~ if the work is ordered Examples: Removal of. a door Qith intact paint from th~ hinges is not lead abatement. Removing windows with intact paint is not lead abatement unless the paint is damaged by the work. Removal of the Window from ~dtside of the house is preferable to removal from inside the house to minimize the opportunity for leaded dust from the window to be left in the house. "-Removal of windows or sashes with intact paint and refinishing o~ ~ offsite is n_~kt lead abatement. is responsible for ensurinq that intact paint is no_%t The contractor ~-~ .... ~--~ -~:-~ -~ ~ma~ed by the work, u~maqRu uv u~= -ut--t~~._,,~ ~n~',the contractor is in vxolatxo9 ~ .... -- ~e~ed and t~ OSHA ~ns.~ct:~on CPL 2-2.58 Office of Health Compliance Assistance 1926.62 (a) (a) Appendix A Inspection Guidance and Citation Policy Inspection Guidance SGope ~Dd application All occupational exposure to lead occurring in the course of construction work, including maintenance associated with construction work is covered by 29 CFR 1926.62. Construction work is defined as construction, alteration and/or repair, including painting and decorating per 29 CFR 1910.12(b). Construction work covered by 29 CFR 1926.62 includes any repair or renovation activities or other activities that disturb in place lead-containing materials (LCM) (e.g., steel structure renovation and repair), but does not include routine cleaning and repainting (e.g., minor surface preparation and repainting of rental apartments between tenants or at scheduled intervals) where there is insignificant damage, wear or corrosion of existing lead-containing paint and coatings or substrates. Employees performing maintenance activities not associated with construction work are covered by the general industry standard for lead, 29 CFR 1910.1025. Maintenance activities covered by the general industry standard are those which involve making or keeping a structure, fixture, or foundation in proper condition in a routine, scheduled, or anticipated fashion. For all occupational exposure to lead occurring in the course of construction work, the standard does Dot_~Rec~f_y___a minimum amount or concentration of ~~----~~he____Do~ential for .o~ccupa:ional exposure_exists. However,~_~the.~mPloyer ha~ . (e.g., teste~ all la~e~s--~~ p~in~s an~ coa~zngs that may be disturbed) utilizing a valid detection A-1 OSHA Instruction CPL 2-2.58 uzzice of Health Compliance Assistance method_~or_-the.-p~esence.~f--l~ad~_ and found no B~tectable levels of lead, the s~a~d-~b-~ ~ NOTE: Until further guidance is sent to the field, the Directorate of Technical Support should be contacted if the CSHO needs guidance concerning valid test methods. The lead-based paint hazard reduction activities defined in Title IV of the Housing and Community Development Act of 1992, including interim controls and abatement are also covered by this standard. These activities are defined in the Act as follows: ABATEMENT - The term ~abatement' means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Administrator under this title. Such term includes: the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead- based paint, the replacement of lead- painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and all preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures. INTERIM CONTROLS - The term ~interim controls' means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. A~2 CITY OF COLUMBIA HEIGHTS DATE: MAY 20, 1994 TO: FROM: RE: PAT HENTGES CITY MANAGER FINANCE DIRECTOR TRA1LER INSURANCE COVERAGE As a follow-up to our conversation, I checked with the City's insurance agency regarding insurance coverage on trailers being towed. The liability coverage on the towing vehicle also covers whatever it is towing. Subsequently, additional liability insurance coverage on the trailer being towed is unnecessary. This does not cover property damage to the trailer being towed, nor does it provide liability coverage when the trailer is not in tow. For example, if a City pickup track was towing a trailer owned by another entity and there was an accident that damaged both the trailer, the City vehicle, and did damage to other property, the liability insurance on the City vehicle would cover the damage done by both the City vehicle and the trailer being towed. However, the insurance would not cover any damage to the trailer itself. This would have to be purchased as additional property coverage. I also followed up on the City float. Barb Sandberg is verifying the registration and licensing of the trailer. The City carries property coverage on the float, but does not carry liability coverage, as the liability coverage would be provided by the towing vehicle. If you would like any additional information on either of these subjects, please let me know. WE:dn 9405205 Housing & Redevelopment Authority of Columbia Heights CommhmlonM~ Eusebiua Hetn~z Pal~icla dindra Richard Dustin DonaJd J. Murzyn, Jr. 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857 · (612) 782-2854 TO: FROM: DATE: Patrick Hentges, City Manager Don Schneider, Executive Director, HRA May 18, 1994 RE: 1993 HRA Audit Report Enclosed are five copies of the HRA Audit Report for the City Council members and you. Council Member Nawrocki has received a copy so I have not included a copy for him. Please furnish the Finance Department your copy after you have finished reviewing it. Please call me if you have any questions. Encl cc: HRA Comm Tautges, Redpath & Co(Tom Hodenfield)/City Finance Director Equal Opportunity Employer Equal Housing Opportunity Agency TO CITY COUNCIL MAY 23, 1994 *Signed Waiver Form Accompanied Application 1994 LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILDING INSP. *D.W. Fence 17060 Zeolite $ 40.00 " " Kens Roofing Co. 3600 Hinnehaha Ave. 40.90 " " *LeVahn Bros. Inc. 3200 Penn Ave. N. 40.00 " " *Riccar Heating & A/C 2387 - 136th Ave. N.~. 40.00 " " *Torchwood Development 5775 Wayzata Blvd, #800 40.90 " " *Tradesman Construction 5142 - 28th Ave. S. 40~O0 " " *Elder Jones, Inc. 1120 E. 8Oth St., 40.00 POLICE DEPT. SINGLE EVENT ON SALE BEER *Col. Heights Lions Club C/O Joseph O'Shaughnessy Huset Park for Jamboree June 22-26, 1994 REQUEST FEES BE WAIVED SAFETY AND HEALTH, ANOK~ COUNTY II II II II ITINERANT FOOD CONCESSIONS *K-Mart *Col. Heights Boosters *Columbia Heights Boosters 4747 Central Ave. Huset Park Huset Park 7/23-24/94 35.00 6/22-26/94 REQUEST FEES BE WAIVED 7/4/94 " POLICE DEPT. PUBLIC DANCE *Columbia Heights Lions Club Huset Park 6/25/94 REQUEST FEES BE WAIVED POLICE DEPT. II II II II PEDDLERS/SOL I C ! TORS *Gerald Brian Johnson II II II *David Charles Anderson II II II *Jennifer kyn Carlson II II II along parade route Huset Park along parade route Huset Park along parade route Huset Park 6/24/94 7/4/94 6/24/94 7/4/94 6/24/94 7/4/94 REQUEST SPECIAL REDUCTIONS IN LICENSE FEES, SEE ATTACHED HEIGHTS LIONS CLUB. COLUMBIA H~IGI-rrs, MN ~54.21 55421-3878 .:.:.:-.'.-..:..,-:..--:.. ,: . :.:-'. ,~:-:-:,:,,,:: .-.'-:~',:.:C~ Thc Columbia Heights Lions Club would like to r~luest that ~1I City licen.qing fees be wtived for our j~mbor, e event. Our ev~m besim on JuI~ 22nd ~nd =nds on June 26th. We shall host ~ open air d~nce on June 25th at tbe ball field. F.~losed you will find our roster of member~ who will be serving at the I~er garden. If you have My question, or corem=m, plea.~ contact m~. Sincerely, COLUMBIA I..~IOH:I'~ LI ~C)~S CLUB ~ ~'"/~ ' -/~"~'"',,/' Ji~-ph P. O'$hau~me~[i~ ~" LIONSI2 Enclosure 'too~ ..,We Serve - 'ONI Z&Ia~OH Pfint~lon ~ Columbia Heights Athletic Boosters 530 Mill Street N.E. Columbia Heights, MN 55421 ~F 16~ 199~ Mayor Sturdevant and City (kamcil Members City of Columbia Heights 590 40th Avenue N.E. Columbia }{eights ~ 55421 RE: Lice.~e Fee Waiver (Sat.May 21) (Jamboree Days6/22/26) (July 4) Dear Mayor and Council Members: The colmnbia Heights Athletic Boosters Club respectfully request a waiver of the license fees for operating our concession trailer on the following days: Sat. May 21 (Clean-Up Days Picnic) (possibly w~ll be used) Jamboree Days, June 22-26, 1994 July 4 Celebration 1994 Thank you for your consideration. Mike Iwerks, Secretary ~IA HEIGHTS ATHLETIC BOOSTERS CLUB 782-2873 office ,3BRRY ,,TOH3qBOH MATT MZLNER fIJLLI~B 2.298 $2HD XVBHUB H.B. J'RZDLB¥~ MZHNBBOTA $$422. April 21, 1994 City Council City of Columbia Heights 590 40thAvenue N.E. Columbia Heights, MN 55421 Dear City Council Members: I respectfully request authorization to sell novelties at the Columbia Heights Jamboree Parade and Fourth of July Celebration. For the Jamboree Parade my intention is to sell toys and balloons along the parade route the evening of June 24, 1994. We usually use 2 or 3 grocery carts for this purpose. We will only be selling i hour before the parade and until the parade is completed, a total of 2 to 3 hours. For the Fourth of July Celebration I re_q~..est permission to. sell novelties, such as Glow Necklaces and S~11y string, starting a couple of hours before the firework display. m, ~4ve Columbia Heiqhts Lion's member and participation in ,~ ~-~m-m-u-~itv functions. ~ would appreciate special considerat%on ~"~n~et ~ermit. totaling $50.00; to cover the 2 or 3 selling units at the Jamboree Parade and consent to sell noveltzes at th Fourth of July Celebration. A $50.00 permit for each unit would cost me $100 or $150 and.would be prohibitive, because of the cost and nature of the business, i.e. weather conditions, etc. Thank you for any consideration you can give me in this matter. Sincerely, Jerry Johnson Matt Milner Sales TO: COLUMBIA HEIGHTS CITY COUNCIL FROM: LOWELL DEMARS SUBJECT: RENTAL PROPERTY LICENSE APPLICATIONS DATE: MAY 1i, 1994 THE FOLLOWING LIST OF OWNERS AND THEIR RESPECTIVE RENTAL PROPERTIES HAVE COMPLIED WITH THE CURRENT LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS. I AM RECOMMENDING THAT THE FOLLOWING LICENSES BE ISSUED: ABRESCH, HELEN T. ARFMANN, RANDEE L. BURSCH, FREDERICK D. COUTURE, DANIEL J. CROSS, JAMES H. EGAN, RITA C. FENNE, AVERY E. FUDALI, PHYLLIS C. GROTE, GERALD G. HARLAN, BRADLEY P. HARLAN, BRADLEY P. HARLAN, BRADLEY P. HARLAN, BRADLEY P. HEGNA, ROGER L. HEGNA, ROGER . HIRSCH, HEDWIG M. KELLY, ROGER S. · KOSTER, KENNETH M. KRONSTEDT, KENNETH A. LABOUNTY, WILLIAM A. MAAHS, DONNA L. MACHLITT, JEROME L. McCALLA, DOLORES M. MEDCHILL, DONALD J. MEYER, DOROTHY C. MILLER, PAMELA J. NIXON, JEAN A. PETERSON, DARWIN B. RAJKOWSKI, FLORENCE P. REZAC, CLARENCE S. RUDNITSKI, DONALD E. SEEVER, GALE C. SWANSON, LISA L. SWEN, ]JORIS E. TRISKO, FRANK J. WALCZAK, FRANCIS M. 4633 WASHINGTON 4535 WASHINGTON 5134 WASHINGTON 1400 47TH AVENUE 5116 WASHINGTON 607 38TH AVENUE 4645-47 WASHINGTON 5128 WASHINGTON 4650-52 WASHINGTON 5140-42 WASHINGTON 5110-12 WASHINGTON 5146-48 WASHINGTON 5200-02 WASHINGTON 5101 WASHINGTON 5109 WASHINGTON 4610 WAASHINGTON 4724 6TH STREET 5152-54 WASHINGTON 5240 WASHINGTON 4654 WAASHINGTON 4619-21 PIERCE 4622-24 7TH STREET 1026 40TH AVENUE 4600 JEFFERSON 5232 WASHINGTON 4801 JEFFERSON 4700 JEFFERSON 5228 WASHINGTON 4803 7TH STREET 538 SUMMIT 5115-17 WASHINGTON 5208 WASHINGTON 4532 WASHINGTON 4600 WASHINGTON 950 47TH AVENUE 4512 WASHINGTON 1/1/94-- 3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94 -- 3/31/95 1/1/94-- 3/31/95 1/1/94--3/31/95 1/1/94-- 3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94- - 2/28/95 1/1/94- - 3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 4/1/94--3/31/95 1/1/94-- 3/31/95 1/1/94--1/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94-- 3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94-.-3/31/95 1/1/94--3/31/95 1/1/94-~- 3/31/95 1/1/94-- 3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94--3/31/95 CITY OF COLUMBIA HEIGHTS DATE: MAY 20, 1994 TO: FROM: PAT HENTGES C1TY MANAGER WILLIAM ELR1TE ~~ FINANCE DIRECTOR TRAILER INSURANCE COVERAGE As a follow-up to our conversation, I checked with the City's insurance agency regarding insurance coverage on trailers being towed. The liability coverage on the towing vehicle also covers whatever it is towing. Subsequently, additional liability insurance coverage on the trailer being towed is unnecessary. This does not cover property damage to the trailer being towed, nor does it provide liability coverage when the trailer is not in tow. For example, if a City pickup truck was towing a trailer owned by another entity and there was an accidem that damaged both the trailer, the City vehicle~ and did damage to other property, the liability insurance on the City vehicle would cover the damage done by both the City vehicle and the trailer being towed. However, the insurance would not cover any damage to the trailer itself. This would have to be purchased as additional property coverage. I also followed up on the City float. Barb Sandberg is verifying the registration and licensing of the trailer. The City carries property coverage on the float, but does not carry liability coverage, as the liability coverage would be provided by the towing vehicle. If you would like any additional information on either of these subjects, please let me know. WE:dn 9405205 C:: h ,::-:, ,::: I.':. i-.i :i..:::. -I: ,:::, .---),, I) :1: E; i-:.: :...'...i F:.'. E-'.; E: r'i E: i--I T :3 C l",e,::: k H :L s'l:.,:::, ry 5/23,./94 CO ... NC'[ I... I... I E;I' I 1',I[3 "" .... '" ""' .... '""' "'~" 200.00 ).':..i.-~l..;r-:l::...-' L,~--i~,.I.._4... l,n B 47:1.3:1. BE:LI...BOY f:FIF:i::'C:::;:A'i'"' '""' 47 i 32 B iii:1'4 T' Z/'f' A l~l"l Y 471. 3 :.'5 1. 9 ,, 00 .t.. :..J c::... ~--~ ... ,::.,. i ,--i ~"-.. ~ 4'//1 :.36 43 ,, ':: -' El V A I".', S / ):".': 013 47 I. 37 400.00 ,'"'".'", :' ...... ,','".,". ..... .,'"r',;- 47:1..'.".'!:9 .... '"' ' ~'""'"'"' '"' ' '"*'"'"' 47].42 :t. 3,,:::, ....... ,4 ..' .~. '.-: '-4 ."-~i; ()0 ,. 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