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Home My WebLink AboutApril 25, 1994 RegularCITY 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 Gar3' L. Peterson Robert W. Ruettimann City Manager Pau'ick Hentges April 22, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 25, 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 3o Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s). ***RECOMMENDED MOTION: Move to adopt the minutes of the Regular City Council Meeting of March 28, 1994, April 1t, 1994, and the Official Proceedings of the Board of Review Meeting of April 18, 1994, as presented in writing, 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.) a. Arbor Day - Arbor Month Proclamation ~ :::*. ~ "SERV1CE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA Page 2 Council Meeting of April 25, 1994 Public a. bo Co eo fo Hearings/Ordinances & Resolutions Continuation of Public Improvement Hearing: Erosion Control on East Bank of LaBelle Park RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94-__, Being a Resolution Ordering Improvements, P.I.R. #898, Project #9103. RECOMMENDED MOTION: Move to Authorize Staff to Seek Sealed Bids for Erosion Control on East Bank of LaBelle Park, P.I.R. #898, Project #9103. Continued Meeting of Board of Review from April 18, 1994 RECOMMENDED MOTION: Move to adopt the 1994 Assessment Rolls as presented (or as amended). Continued Hearing for Revocation, Suspension, and/or Other Appropriate Disposition of a Rental License for 4655 5th Street RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- , there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 94-__, Resolution of the City Council of the City of Columbia Heights Revoking the Rental License at 4655 5th Street N.E. Public Hearing - Condemnation, 3909 Polk Ave. N.E. RECOMMENDED MOTION: Move that there is adequate evidence as outlined in the attached order, findings of fact, and conclusions of the City Council to find the structure at 3909 Polk Avenue N.E. is hazardous and in violation of the law, and that the City Council orders the existing structure to be razed, demolished, and all parts of the former structure removed, including concrete slabs and foundations as prescribed in the attached order, and that the Mayor and City Manager are directed to execute the order on behalf of the City of Columbia Heights. Second Reading on Ordinance No. 1283 - Air Quality Standards RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1283 on Second Reading, this Being an Ordinance Pertaining to Air Quality Standards. First Reading of Ordinance No. 1286, Amending Pool Hall License Requirements RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt first reading of Ordinance No. t286, and establish regular council meeting of May 23, 1994, as the second reading of the ordinance. ALTERNATE MOTION: Move to table the first reading of and refer Ordinance to work session for additional discussion. COUNCIL AGENDA Page 3 Council Meeting of April 25, 1994 ho jo Resolution Adopting the Permanent Rules of the Wetland Conservation Act RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- , being a resolution adopting the permanent rules of the Wetland Conservation Act of 1991 and establishing the City as the LGU for implementing the Wetland Conservation Act. Resolution 94- , North Metro Mayors Association Legislative Initiatives for the 1994 Session RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94-__, being a Resolution Regarding North Metro Mayors Association Legislative Initiatives. Resolution Establishing City Manager's Wages and Compensation RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94~ ., there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution No. 94- , Establishing City Manager's Wages and Compensation. Resolution 94-__., Regarding House File 3636 and Need for Retention of Local Franchise Requirements RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , being a Resolution Regarding House File 3636 and the Need for Retention of Local Franchise Requirements. k. Other Ordinances and Resolutions 7. Communications Old mo Request of Meredith Cable for Granting a Stay of any Refund and Rollback Requirement Until the FCC Rules on Their Appeal and Approval of Refund Plan RECOMMENDED MOTION: Move to approve the refund/credit plan as outlined in the letter of April 20, 1994, from Kevin Griffin, President and General Manager of Meredith Cable, and to take no action as to the request for the stay of enforcement of the Rate Regulation Order. Business Rejection of Playground Equipment Ouotes for Edgemoor, Keyes, and Hilltop Parks RECOMMENDED MOTION: Move to reject the current quotations for playground equipment at Edgemoor, Keyes, and Hilltop Parks and direct staff to obtain quotes for equipment meeting ADA accessibility requirements. b. Other Old Business COUNCIL AGENDA Page 4 Council Meeting of April 25, 1994 9. New Business, a. Insurance Coverage from May 9, 1994 to May 9, 1995 RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5-9-94 to 5-9-95 as quoted in their proposal with USF & G for property, liability, and other small coverages, with Scottsdale for police professional liability, and St. Paul Companies for liquor liability at an annual premium of $157,666. ALTERNATE RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5-9-94 to 5-9-95 as quoted in their proposal with USF & G for property, liability and other small coverages, with Scottsdale for police professional liability, and St. Paul Companies for liquor liability at an annual premium of $157,666. In addition, the City Council authorizes including public officials liability coverage at an annual premium of $11,108 with a deductible of $10,000 per loss. b. Authorization to Purchase Backhoe Attachment for Bobcat RECOMMENDED MOTION: Move to authorize the purchase of a backhoe attachment for the Bobcat from Tri-State Bobcat, Inc. of Shakopee, Minnesota, in the amount of $5,450.00 plus tax, funding to be from 601-49499-5180 and 602-49499-5180 and the appropriate sales tax funds; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. c. Other New Business 10. Reports ao Report of the City Manager Report of the City Attorney 11. Licenses ***RECOMMENDED MOTION: Move to approve the 1994 license applications as listed upon payment of proper fees. 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 COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION 1. Call to Order 2. Approval of Minutes 3. Recommendations for Relief Association Membership 4. Jeffrey C. Lundgren Termination 5. Adjournment AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS MONDAY, APRIL 25, 1994, 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Allxiliary MdSf°r handicapped persons are available upon request when the request is made at least 96 I hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make t[ arrangements. 1. Call to Order and Roll Call 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. 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and wilt be enacted as part of the Consent Agenda by one motion.) Minutes 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.) a. Arbor Day - Arbor Month Proclamation 6. Public Hearings/Ordinances & Resolutions a. Continuation of Public Improvement Hearing: Erosion Control on East Bank of LaBelle Park b. Continued Meeting of Board of Review from April 18, 1994 c. Continued Hearing for Revocation, Suspension, and/or Other Appropriate Disposition of a Rental License for 4655 5th Street d. Public Hearing - Condemnation, 3909 Polk Ave. N.E. e. Second Reading on Ordinance No. 1283 - Air Quality Standards f. First Reading of Ordinance No. 1286, Amending Pool Hall License Requirements g. Resolution Adopting the Permanent Rules of the Wetland Conservation Act h. Resolution 94- , North Metro Mayors Association Legislative Initiatives for the 1994 Session i. Resolution Establishing City Manager's Wages and Compensation j. Resolution 94-__., Regarding House File 3636 and Need for Retention of Local Franchise Requirements k. Other Ordinances and Resolutions 7. Communications a. Request of Meredith Cable for Granting a Stay of any Refund and Rollback Requirement Until the FCC Rules on Their Appeal and Approval of Refund Plan 8. Old Business a. Rejection of Playground Equipment Quotes for Edgemoor, Keyes, and Hilltop Parks b. Other Old Business 9. New Business a. Insurance Coverage from May 9, 1994 to May 9, 1995 b. Authorization to Purchase Backhoe Attachment for Bobcat c. Other New Business 10. Reports a. Report of the City Manager b. Report of the City Attorney Licenses Payment of Bills Adjournment Pat Hentges, City Manager COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION 1. Call to Order 2. Approval of Minutes 3. Recommendations for Relief Association Membership 4. Jeffrey C. Lundgren Termination 5. Adjournment ***11. **'12. Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 ARBOR DAY - ARBOR MONTH PROCLAPLATION WHEREAS: Minnesota's great forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping to conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more liveable; and WHEREAS: Human activities such as construction damage and pollution, as well as disease and insects, threaten our trees, creating a need for concerted action to ensure the future of urban and rural forests in our state, country and world; and WHEREAS: Each year on the last Friday of April the people of Minnesota pay special attention to the wonderful treasure that our trees represent and dedicate themselves to the continued health of our state's stock of trees; and WHEREAS: Ail citizens should become more aware of the importance of trees to their weltbeing and participate in tree planting programs that will ensure a green Minnesota in decades to come. NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby proclaim April 29, 1994 to be ARBOR DAY and the month of May, 1994 to be ARBOR MONTH In the City of Columbia Heights, Minnesota. Mayor Joseph Sturdevant "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 28, 1994 The Council Meeting was called Sturdevant. to order at 7:00 p.m. by Mayor ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were addressed on the Consent AGenda: Minutes for Approval The Council approved the minutes of the March 14, 1994 ReGular Council Meeting as presented and there were no corrections. MHFA First Time Homebuyer Program The Council Granted approval for the Housing and Redevelopment Authority to apply for an allocation of up to $2,000,000 from the Minnesota Housing Finance AGency Minnesota City Participation ProGram (First Time Homebuyer ProGram) and, if successful in securing an allocation, to provide the necessary City/HRA involvement in the program. Authorization to Sell, Salvage, or Dispose of City Property The Council authorized the sale, salvage, or disposal of surplus City property as indicated on the listing of surplus property dated March 23, 1994. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF cONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent AGenda as presented. Roll call: All ayes Motion by Nawrocki, second by Ruettimann to table the minutes of the March 21, i994 Public Improvement HearinG. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 2 5. OPEN MIKE/PRESENTATIONS/PROCLAMATIONS A resident complimented staff on the recent newsletter although he noted that the new name of a City park was not included in it. He also mentioned other items and specific staff which he felt did not serve the City well. Councilmember Nawrocki suGGested the resident has a right to his own opinion, but that the intent of Open Mike was not served by Galling names. A candidate for Sheriff introduced himself. The Chairperson of SHINE inquired as to the status of the hiring of a new police officer. Mayor Sturdevant advised that currently the Police Department is being restructured. He stated that plans for the restructuring have been submitted by the Mayor, Police Chief and the Department's sergeants. He felt a police officer could be on the streets by Fall. e PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Public Hearing - Condemnation, 3950 Second Street The City ManaGer read the FindinGs of Fact and the suGGested conclusions. Noting the age of the house, Councilmember Nawrocki felt FindinGs 1 and 2 did not apply. Mark Bohline, the current owner, advised the Council he has not resided in the house for some time. He intended to raze the house but has not had the funds to do this. He inquired if there were options for removing the house which could include a planned burn by the Fire Department. Fire Chief Kewatt stated the house is too small and would be of no value as a training tool for the Fire Department. Mr. Bohline said he felt he could raze the structure and clean up the lot in approximately two months. Discussion continued reGardinG the time frame needed to execute the condemnation. It was noted that if the City removes the structure, associated costs would be levied against the property. Members of the Council had additional questions reGardinG teh FindinGs of Fact. It was recommended that this issue be tabled until it could be reviewed by the City Attorney later in the meetinG. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 3 Motion by Ruettimann, second by Peterson to table until later in the meeting. Roll call: All ayes b. Public Hearing Re~arding Momestead Classification of 3932 Central Avenue (ACCAP Theater Meiqhts Projects). ACCAP is requesting the Council to grant homestead classification to the building at 3932 Central Avenue. This classification would provide for a tax savings. ACCAP will use these savings to either finance additional improvements or reduce rent for seniors and disabled. The criteria set by State Statute was reviewed for property to receive the classification of homestead. The City Attorney read the necessary Findings. Councilmember Nawrocki felt the first finding did not apply to this building. Me noted that the building facilitates clean, safe, affordable housing in its current state which does not include the homestead classification. This was the first finding for a homestead classification. Councilmember Nawrocki also noted that additional funding is not needed to meet the requirments of the State. Taxpayers have already had their dollars used by the MHFA which contributed to the purchase of this building. Me observed that the value placed on the property is now lower than what ACCAP recently paid for it. Jeff Johnson, ACCAP's Housing Development Specialist, advised that the City will annually receive those taxes lost from having this building designated as a homesteaded property. Councilmember Nawrocki again stated his position that the purchase package was put together without the additional funding~ that the focus of the building will be low income rather than senior citizens, and that the first finding cannot be met. Motion by Nawrocki to table this matter. Motion dies for lack of a second. Motion by Nawrocki that the request be denied on the basis of the fact that the homestead treatment has been shown not to be needed to provide safe, clean affordable housing for the cooperative members. Motion dies for lack of a second. ACCAP's legal counsel felt the interpretation of the findings, specifically the word "facilitate", is open for interpretation. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 4 The City Attorney felt the interpretation by Councilmember Nawrocki was adequately stated and it was not wide open and broad. Councilmember Peterson supports the upgrade of the building as does Councilmember Jolly. Councilmember Jolly indicated he will abstain from the vote as he has a relative on the ACCAP Board. Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Motion by Peterson to adopt the resolution being a resolution of the City Council of the City of Columbia Heights granting homestead classification to the property located at 3932 Central Avenue and authorizing to enter into development contract regarding the same. Motion dies for lack of a second. Motion by Nawrocki, second by Peterson to table further consideration of this matter. Roll call: Nawrocki, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Public Hearinq - Condemnation, 3950 Second Street (cont.) The City Attorney drafted a motion for this issue and it was read by the City Manager. Motion by Nawrocki, second by Ruettimann that there is adequate evidence as contained in the attached Order, Findings of Fact as prepared by the City Attorney without items #1 and #2 and renumbering items #3 through #12 accordingly, and conclusions of the City Council to find the structure and a single stall wood frame garage at 3950 Second Street is hazardous and in violation of the law and that the City Council orders the existing structures to be razed, demolished and all parts of the former structures removed, including concrete slabs and foundations as prescribed in the attached Order and that the Mayor and City Manager are directed to execute the Order on behalf of the City of Columbia Heights. Roll call: All ayes Queen's Float Repairs The Queen's Committee is requesting the additional undercarriage work for the float. City pay for Gary Mayers, representing the Committee, advised the Council that in its current condition it is unsafe. He also mentioned that the towing vehicle, which is a City truck, was not very clean and he would appreciate the use of a different vehicle. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 5 The Public Works Director advised the estimated costs for putting another axle in the float are about $I,100. Me also said he would make an effort to find another towing vehicle althouHh the current one is the newest truck in the City's fleet. Councilmember Nawrocki felt the costs should be taken from the $6,700 already allocated in the adopted budget for Queen events and not from other sources. Councilmember Ruettimann inquired who owns the float. He questioned if it is not owned by the City. Councilmember Nawrocki stated it is not owned by the City. Motion by Ruettimann, second by Jolly to authorize $1,100 from fund 101-41110-8100 for expenditure on improvements to the Columbia HeiHhts Queen's float. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay c. Resolution No. 94-18 Amendinq 1994 Budget for Encumbrances Open encumbrances were discussed. The Finance Director specifically addressed some of them and explained their history. Motion by Peterson, second by Ruettimann to waive the readinH of the resolution there beinH ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-18 AMENDING 1993 BUDGET FOR ENCUMBRANCES WHEREAS, the City Council of the City of Columbia Heights on December 8, 1993, passed Resolution No. 95-64 adopting a budHet for 1994; and WHEREAS, several expenditures that were projected to be incurred in the 1993 budget will not be incurred until 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the 1994 departmental budgets be amended by the following increases with the increases cominH from the 1994 fund balances/retained earnings: REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 6 General Fund Cable Television Fund Library Fund Cap Equip Replacement Streets Fund Water Fund Sewer Utility Collection Fund Refuse Fund Central Garage Fund Encumbrances 17,770.74 177.95 191.25 4,549.68 137.32 454.46 179.25 1,353.90 Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Sheffield Redevelopment Financinq 1. Resolution No. 94-19 on HOME Proqram Application Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Staff has prepared an applicat'ion for a $120,000 grant. The City must provide a match of 25% of the funds being requested. The initial $120,000 will be used to renovate three city-owned duplexes located in the Sheffield Neighborhood for sale to qualifying families. Marketing strategies which will be employed for these dwellings were discussed as was lead paint testing. RESOLUTION NO. 94-19 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING APPLICATION TO ANOKA COUNTY FOR UP TO $120,000 OF FEDERAL "HOME" PROGRAM FUNDS FOR HOUSING REHABILITATION IN THE SHEFFIELD NEIGHBORHOOD REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 7 WHEREAS, the City of Columbia Heights has been invited and encouraged to apply through Anoka County for funds from the 1994 federally funded HOME Program; and WHEREAS, an application for such grant funds has been prepared by HRA staff on behalf of the City; and WHEREAS, HOME program requirements require a 25% match of non- federal funds for any project funded; and , WHEREAS, the City already owns a duplex in the Sheffield Neighborhood on which $30,000 of the sale proceeds after renovation of the duplex to a single family house could be used as the 25% match. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council approves City application for up to $120,000 of HOME Program funds from the Anoka County HOME Program. The City hereby agrees that the City will meet the HOME Program 25% match requirement through establishment of a City HOME Rehabilitation Revolving Fund and dedication of $30,000 to that fund of the proceeds from the sale of the first (with HOME funds) duplex renovated (to single family house) in the Sheffield Neighborhood. The Mayor and City Manager are authorized to sign the necessary HOME program application and the documents for implementation of the program when the grant is received through Anoka County. Passed this 28th day of March, 1994. Offered by: Seconded bY: Roil call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolution No. 94-20 on Federal Home Loan Bank DownDayment Assistance ADplication REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 8 Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-20 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING APPLICATION TO THE FEDERAL HOME LOAN BANK OF DES MOINES FOR DOWNPAYMENT ASSISTANCE ON SINGLE FAMILY HOME PURCHASE FOR SHEFFIELD NEIGHBORHOOD WHEREAS, the City of Columbia Heights has a redevelopment project underway in the Sheffield Neighborhood and has acquired 15 blighting influence vacant duplexes in the neighborhood; and WHEREAS, three of those duplexes now owned by the City are located outside of the target block area (4600 blocks of Fillmore and Pierce) and the "Sheffield Neighborhood Redevelopment and Housing Development Plan" as adopted by the City Council on February 28, 1994, has provisions for the City acquiring the renovating duplexes outside of the target block into single family homes and sale of such homes; and WHEREAS, to enable the City to renovate the duplexes to single fami]y homes and sell them at a reasonable price (for low to moderate income families) so that the City can minimize its costs and enable the City to complete more duplex conversions, there is a need for a downpayment assistance fund to assist and entice iow to moderate income homebuyers to purchase the renovated homes; and WHEREAS, the Federal Home Loan Bank of DesMoines and its participating lender banks, including Norwest Bank of Minnesota, has an Affordable Housing Program under which the City may apply for downpayment assistance funds for low to moderate income families (adjusted income of up to $39,680); and .. WHEREAS, HRA staff has prepared on behalf of application for $30,000 through the Norwest Federal Home Loan Bank of DesMoines. the City an Bank to the NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 9 The City Council approves City application for up to $30,000 from the Federal Home Loan Bank of Des Moines (throuGh Norwest Bank of Minnesota) for downpayment assistance. The Mayor and City ManaGer are authorized to sign the necessary application and documents for implementation of the downpayment assistance program when the application is approved. Passed this 28th day of March, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 94-21Approvinq Purchase of 4600/02 Pierce Street, 4606/08 Pierce Street and 4612/14 Pierce Street The City ManaGer advised the taxes on these properties will be prorated from the date of closinG. He also noted that in prior acquisitions the City has paid the closing costs as well as other costs. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF 4600/02 PIERCE STREET, 4606/08 PIERCE STREET AND 4612/14 PIERCE STREET WHEREAS, the City Council of the City of Columbia HeiGhts (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have adopted a plan for the redevelopment of Sheffield Neighborhood entitled "The Sheffield NeiGhborhood Redevelopment and Housing Development Plan" (the "Plan"); and WHEREAS, the City and the Authority have determined that there exists buildings and residential structures within the REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 10 Sheffield Neighborhood project area that are deteriorated and sub-standard pursuant to the terms and conditions of Minnesota Statute 469 or are in need of compulsory repairs which are in violation of the City's Housing Maintenance Code and other city ordinances, and as such, there exists a need for intervention so as to prevent further deterioration within the area; and W/qEREAS, the City has been offered a purchase agreement calling for the acquistion of three vacant and sub-standard duplexes located at 4600/02 Pierce Street, 4606/08 Pierce Street, and 4612/14 Pierce Street; and WHEREAS, Robert J. McNulty, Helen L. McNulty and Kathleen L. Lind, as Trustee, has offered the attached purchase agreement dated March 14, 1994 calling for the sale of the real estate at a price of $162,000 payable in full at closing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: The City Council hereby approves the terms of the purchase agreement attached hereto identified as Exhibit A and authorizes the Mayor and City Manager to execute it on behalf of the City. The City Council hereby authorizes the City Manager to fulfill all the requirements and conditions in order for the City to complete the transaction contemplated within the terms of the purchase agreement. The City Council approves a source of funding from the Capital Improvement Fund 410 in the amount of $166,000 including 1994 payable real estate taxes and closing costs with an interfund transfer from the retained earnings of Fund 609, Liquor Fund. Passed this 28th day of March, 1994 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 4. Resolution No. 94-22 Providinq for Interfund Loan to Tax Increment Fund REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 11 Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ESTABLISHMENT OF AN "INTERFUND LOAN" FOR THE PURPOSE OF TEMPORARILY FINANCING CERTAIN TAX INCREMENT BOND DEBT SERVICE OBLIGATIONS OF THE CITY OF COLUMBIA HEIGHTS AND OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS FOR THE DOWNTOWN C.B.D. REVITALIZATION PROJECT WHEREAS, the City Council of the City of Columbia Heights, Minnesota (the "City Council") and the Housing Authority in and for the City of Columbia Heights, Minnesota did authorize and approve the establishment of a Redevelopment Project known as the Downtown C.B.D. Revitalization Project (the "Project") and adopted a Redevelopment Plan, dated March 2, 1977; and WHEREAS, the City Council established one or more "tax increment financing districts" as that term is presently defined in Minnesota Statutes, Section 469.174, subd. 9 within the boundaries of the Project; and WHEREAS, the City Council authorized the issuance of bonds secured by the pledge of tax increments derived from the tax increment financing districts located in the Project and the general ad valorem levied upon all taxable property within the City; and WHEREAS, among the bond issues secured by the pledge of tax increments and the general ad valorem tax levy are the: (a) $8,175,000 General Obligation Tax Increment Bonds of 1980; (b) $450,000 General Obligation Tax Increment Bonds of 1982; (c) $565,000 General Obligation Tax Increment Bonds of 1984; (d) $2,100,000 General Obligation Tax Increment Bonds of 1985, Series A; (e) $9,100,000 General Obligation Tax Increment Refunding Bonds of 1987; (f) $2,399,720.75 General Obligation Tax Increment Capital Appreciation Bonds of 1990; and (g) $735,000 General Obligation Taxable Refunding Bonds of 1993, Series A (the "Bond Issues"); and WHEREAS, also secured by the pledge of tax increments derived from the tax increment financing district is the $2,400,000 Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota Tax Increment Revenue Bonds of 1990; and REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 12 WHEREAS, due to litigation as to the valuation of some of the real property located within the tax increment financing districts, the City has not received the projected amount of tax increment required to amortize the Bond Issues according to the debt service schedule for the outstanding principal amount of the Bond Issues; and WHEREAS, the City has monies in the following funds which may be pledged or loaned to the debt service account(s) for the Bond Issues so that they may be amortized according to the debt service schedule for the Bond Issues without the levy of the general ad valorem tax upon all taxable property within the City: (1) Parking Ramp Fund No. 290; (2) Four Cities Bond Fund No. 390; and Senior Housing Bond Fund No. 404; and WHEREAS, based on projections for the receipt of future tax increments over the term of the tax increment financing districts, the amount borrowed by the City from Parking Ramp Fund No. 290, Four Cities Bond Fund No. 390, and Senior Housing Bond Fund No. 404 may be repaid from the estimated, future tax increments remitted to the Housing and Redevelopment Authority in and for the City of Columbia Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council hereby authorizes the establishment of an "Interfund Loan" to temporarily finance any shortfalls in debt service for the Bond Issues. The source of money for the Interfund Loan shall be Parking Ramp Fund No. 290 in the amount of $408,027, Four Cities Bond Fund No. 390 in the amount of $446,352, and Senior Housing Fund No. 404 in the amount of $395,918. The City Administrator is hereby authorized to have loan documents prepared for the Interfund Loan. The Mayor and the City Manager are authorized to approve and execute the Loan documents which shall memorize the terms of the Interfund Loan. Approved this 28th day of March, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes REGULA~ COUNCIL MEETING MARCH 28, 1994 PAGE 13 Motion by Ruettimann, second by Peterson to establish April 25, 1994 as a public hearing to consider financing plan modifications to Sheffield Redevelopment and Housing Development Plan including use of liquor fund reserves, HRA tax levy, CDBG allocations, and revenues from Tax Increment Fund as financing sources of funding for the Plan. Roll call: All ayes e. Resolution No. 94-23 Estabtishinq New Rates for Residential/Multiple Dwellinq Refuse, Recycling and Yard Waste Collection There was a lengthy discussion regarding the proposed rate changes. Councitmember Nawrocki felt the senior citizens in the community were not coming out ahead with these rates. Me also felt the state residential assessment should be paid out of retained earnings. Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Motion by Nawrocki that the $2.00 annual state fee not be charged back to residents and be paid out of retained earnings in the Waste Fund and the fee for multiples be set at $1.33 in lieu of eliminating the charge. Councilmember Nawrocki felt there was no justification for multiples to have their yard waste rate reduced. The City Manager advised that the vat rates on multiples were not adjusted. Motion dies for lack of a second. RESOLUTION NO. 94-23 BEING A RESOLUTION ESTABLISHING REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR RESIDENTIAL SERVICE EFFECTIVE MAY 1, 1994 W~EREAS, Ordinance No. 853, City Code of 1977 (as amended) pertaining to garbage, rubbish and recycling service provides for the setting of appropriate rates for the services rendered; and WHEREAS, the City and Woodlake Sanitary Services, Inc. renegotiated their contract, providing for necessary adjustments in costs related to the decrease in the tipping fee at the Elk River Resource Recovery Plant, REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 14 NOW, THEREFORE , BE IT RESOLVED that the following monthly refuse, recycling and yard waste collection rates be adopted and put into effect as of May 1, 1994, and on all billings rendered thereafter for residential service and multiple dwelling vat service. Residential Service Private Residences - One Pickup per Week (and per unit in additional dwelling units of two family buildings) $11.82 Senior Citizens - One Pickup per Week (as defined by Council Resolution establishing eligibility) Limited Volume - One Pickup per Week (as defined by administrative procedure and contract between City and Woodlake Sanitary Service, Inc.) 7.87 9.70 Recyclinq Der Residential unif Yard Waste per Residential unit Multiple Dwellinq Servic~ 1.73 1.33 Non-Compacted Vat Service: One pickup per week charged per cubic yard Two pickups per week charged per cubic yard Three pickups per week charged per cubic yard Four pickups per week charged per cubic yard Five pickups per week charged per cubic yard Compacted Vat Service: One pickup per week charged per cubic yard Two pickups per week charged per cubic yard Three pickups per week charged per cubic yard Four pickups per week charged per cubic yard Five pickups per week charged per cubic yard Six pickups per week charged per cubic yard Recyclina Der Multiple Dwellinq unit Passed this 28th day of March, 1994. $ 35.00 $ 70.O0 $105.00 $140.00 $175.00 $ 95.00 $190.00 $285.00 $380.00 $475.00 $570.00 1.32 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 15 Motion by Ruettimann to continue this Council Meeting until 6:00 p.m. on Tuesday, March 29, 1994. The motion was withdrawn. Motion by Peterson, second by Ruettimann to authorize the City Manager to make payments from the Refuse Fund for the Anoka County Solid Waste Management charge on city property in the amount of $10,898.12 and to pay future charges from the Refuse Fund. Roll call: All ayes f. First Readinq of Ordinance No. t283 Beinq an Ordinance Pertainin~ to Air Quality Standards Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1283 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Meights does ordain: Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which is currently reserved, shall hereafter read as follows, to-wit: 8.402(1) Open Fire Burning No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox which is designed to control and contain a fire, if the products of combustion create a visual or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires .The Fire Department is authorized to permit "recreation fires" without charge, provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the City's Air Quality Standards. A "recreation fire" means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance of five (5) feet from the base of REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 16 the fire, there is a readily available and operable fire extinguisher device, and there is a responsible adult in continuous supervision at the fire. Violation of these "permission" requirements shall constitute a misdemeanor under the City Code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire Department is authorized to charge the permittee for actual expenses incurred in the monitoring of the permitted fire. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, under the circumstances existent at that time. City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training The Fire Department is authorized to conduct live fire training exercises which are conducted in accordance with Minnesota Statutes and rules of the Deapartment of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This ordinance shall be in full force and effect from and after the date of its passage and publication. First Reading: March 28, 1994 Councilmember Nawrocki requested this ordinance be reviewed by the City Attorney. Motion by PeterSon, second by Ruettimann to establish April 25, 1994 as the public hearing and second reading of Ordinance No. 1283 being an ordinance pertaining to air quality standards. Roll call: All ayes 7. COMMUNICATIONS There were no communications. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 17 10. OLD BUSINESS a. Award of Storm Sewer Catch Basin Manhole Replacement, Project #9403 Motion by Peterson, second by Ruettimann to award the storm sewer catch basin/manhole replacement, Municipal Project #9403, to S.W. Lee Construction of Eden Prairie, Minnesota, based upon their low, qualified responsible bid in the amount of $5,400 with funds to be appropriated from Fund 602-49450- 4000; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes NEW BUSINESS a. Amending GarbaGe/Yard Waste/Recyclables Contract Motion by Ruettimann, second by Peterson to amend the current contract with Woodlake Sanitary Service, Inc., to include the option to lower rates for the residential and multiple unit garbage and refuse service, based on decreased cost per ton, and to include adjusted rates for refuse, recycling, and yard waste for the period of January 1, 1994 through December 31, 1996. Roll call: All ayes b. Award of the 1994 - 1995 DED Tree Removal Program Motion by Peterson, second by Jolly to award the 1994-1995 Dutch Elm Disease Tree Removal Contract to Bluemel's Tree and Landscape, Inc. of Mudson, Wisconsin, based upon their low formal bid of $tl.00 per inch diameter on tree removal and $ .50 per inch diameter for stump removal or a total of $11.50 per inch diameter; and furthermore, to authorize the Mayor and City ManaGer to enter into a contract for the same. Roll call: All ayes REPORTS a. Report of the City ManaGer The City Manager's report was submitted in written form and the following items were discussed: Stinson/B7th Avenue Railroad CrossinG: Councilmember Nawrocki inquired who would pay the costs ior removing tracks on Stinson Boulevard near 37th Avenue and for the installation of a rubberized mat over the crossing. He was advised these costs will come from State Aid construction costs. REGULAR COUNCIL MEETING MARCH 28, 1994 PAGE 18 Envelope Specialities Market Value Determination: Councilmember Nawrocki expressed serious concern with this matter. The original estimate and tax increment assistance for this project was approximately $500,000. In March of 1994, the estimate of the County Assessor was $714,000. The revised higher value is the primary basis for raising the tax increment assistance to this project. Councilmember Nawrocki felt this was ludicrous in that the extra $35,000 made to the Miske's for work would result in a loss of over $100,000 in interest coming back to the taxpayers of the City. He noted it would be twenty years before there would be any benefit to the community's taxing jurisdiction. With the valuation increased from $500,000, which was intended to be the minimum valuation to make this pay off, to the $714,000, as determined by the County Assessor, an additional $100,000 to $200,000 would be lost in addition to the other $100,000. Councilmember Nawrocki recalled many stories he had heard regarding uses of TIF monies. Me felt some of the uses of this funding could have been for better purposes. Proposed Interaqencv Aqreements with MTC: The City has been approached by the MTC regarding an agreement to compensate the City for various matters relating to bus siGnaGe and maintenance. Councilmember Nawrocki inquired about the compensation. He was advised that the MTC will be payinG a set rate for labor. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at ]1:01 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 11, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present The death of Edward Miskowic was acknowledged and members of the City Council sent their regrets to his family. Mr. Miskowic was a member of the Columbia Heights Fire Department Volunteer Division for 26 years. PLEDGE OF ALLEGIANCE CONSENT AGENDA The follow~ng items were addressed on the Consent Agenda: Minutes for Approval The Counci] approved the minutes of the Public Improvement Hearing of March 21, 1994 as presented. Condftional Use Permit - Ace Hardware, 2271 37th Avenue The Council approved the conditional use permit for Ace Hardware at 2261 37th Avenue for the operation of a sales tent in the parking lot from April 15 through July 1, 1994, provided a $500 deposit is submitted to the City prior to installation of the tent and that all requirements of Article 32 of the Minnesota Uniform Fire Code are addressed. Conditional Use Permit - Sharon Crockett, 3815 Reservoir Boulevard The Council approved the conditional use permit request for 3815 Reservoir Boulevard to allow the construction of a 12' 12' storage building in the rear of the property. Special Purpose Fence - McKernon, 4318 Washington Street The Council approved the request for a six foot high special purpose fence in the rear and side yards of 4318 Washington Street. Request to Serve Beer - Sullivan Park The Council approved the request of Glen Baggenstoss, 5000 Washington Street, to serve 3.2 beer at family reunions on June 26 and August 20, 1994 from 9:00 a.m. to 6:00 p.m. at Sullivan Lake Park such approval in conjunction with actions of March 29, 1994 of the Park and Recreation Commission. REGULAR COUNCIL MEETING APRIL ll, 1994 PAGE 2 Renewal of Class B Gamblinq License, Immaculate Conception Church for Mady's Bowling Lounqe The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for Immaculate Conception Church in conjunction with activities at Mady's Bowling Lounge, 3919 Central Avenue and the Council also waived the remainder of the sixty day notice to the local governing body. Renewal of Class B Gamb]inq License for Activities Held at Immaculate Conception Church The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for Immaculate Conception Church, 4030 Jackson Street and the Council also waived the remainder of the sixty day notice to the local governing body. Re-Establish Public Hearing for Condemnation of Property Located at 3909 Polk Street The Council established April 25, 1994 as a public hearing to consider condemnation of property located at 3909 Polk Street. Award of Bid for Weed Removal The Council awarded the weed removal contract to Industrial Lawn Care and Maintenance of Columbia Heights, Minnesota based on their lowest, qualified bid of $24.00 per hour, and also · authorized the Mayor and City Manager to enter into an agreement for the same. Authorization to Seek Bids for Improvements to Entrances to City Buildinqs to Comply With ADA The Council authorized staff to seek bids for adding power actuated (automatic) doors to City Hall, Murzyn Hall and City Library to comply with the requirements of the Americans With Disabilities Act. It was noted that approximately $3,000 per door unit has been budgeted for these improvements. C.D.B.G. funds are the source for funding. Acceptance of Donation from Athletic Boosters The Council accepted the $1,000 donation from the Columbia Heights Athletic Boosters to be used for equipment rental and food purchases for the Celebrate Heights Pride picnic as well as cleanup expenses. REGULAR COUNCIL MEETING APRIL ll, 1994 PAGE 3 Approval of License Applications The Council approved the 1994 license applications as listed upon payment of the proper fees and approved the rental property license applications as listed for 1-1-94 to 2-28-95 on the attached memorandum from Lowell DeMars, Fire Department Captain, dated April 6, 1994. Payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by NawrockJ, second by Ruettimann to approve the consent agenda. Roll call: All ayes 4a. MINUTES FOR APPROVAL Motion by Nawrocki, second by Ruettimann to table approval of the minutes of the March 28, ]994 Regular Council Meeting. Roll call: All ayes OPEN MIKE/PRESENTATIONS/PROCLAMATIONS A resident commented on various matters regarding the City. Among the issues he remarked on were the resignation of the Police Chief, the fatal accident at 40th Avenue and Fifth Street and the safety of senior citizens. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Mearinq for Revocation, Suspension and/or Other Appropriate Dispostion of a Rental License for 4655 Fifth Street The attorney representing the owner of this property has requested the hearing be continued until April 25, 1994. Motion by Ruettimann, second by Peterson to continue the public hearing regarding 4655 Fifth Street until April 25, 1994 at 7:00 p.m. Roll call: All ayes Councilmember Nawrocki noted there was what appears to be a Junk vehicle parked in the front yard of this property. The City Manager will follow up on this. REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 4 b. Resolution No. 94-24; City Unity Day Resolution Councilmember Nawrocki read the resolution. He encouraged members of the City Council to participate in the rally which is scheduled for April 21, 1994. RESOLUTION NO. 94-24 CITY UNITY DAY RESOLUTION WHEREAS: The City of Columbia Heights is a member of the League of Minnesota Cities; and WHEREAS: Thursday, April 21, 1994 is Minnesota Cities Un]ty Day; and WHEREAS: Cities working together have established the League of Minnesota Cities action agenda for the 1994 session of the Legislature; and WHEREAS: In the closing days of the 1994 session many of these issues remain unresolved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS, that: The Legislature and Governor restore the shortfall in the Local Government Trust Fund which they created so that there will be no cuts in government aid (LGA) and homestead agricultural aid credit (HACA) in 1994, and provide reliable additional funding for LGA and HACA in future years to preserve the fiscal stability of cities; Preserve and improve the ability of cities to expand their boundaries in order to provide city services to all who need them; Remove the aid penalties in manufacturing and redevelopment disticts so that cities will not be penalized for improving their local economies; REGULAR COUNCIL MEETING APRIL Il, 1994 PAGE 5 4. Increase funding for roads and transit; Establish a new program to clean up landfills and adequately fund pollution clean up grants~ and Support the other legislative initiatives of the League of Minnesota Cities. Passed this llth day of April, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 7. COMMUNICATIONS a. Planning and Zoning Commission The minutes of the February 22, 1994 Special Meeting and the April 5, 1994 Regular Meeting of the Planning and Zoning Commission were included in the agenda packet for informational purposes only. 1. Conditional Use Permit - Wallace Auto Parts, 4807 University Avenue Councilmember Nawrocki observed junk vehicles on this property and he noted that the embankment and the fence at the top of the enbankment appear to be in very poor condition. Also, there is litter and trash on the grounds. He hopes these issues will be looked at by staff and the Planning and Zoning Commission. Motion by Nawrocki, second by Jolly, based on the City Manager's recommendation, this matter and the items mentioned by Councilmember Nawrocki be referred back to the Planning and Zoning Commission for a second review. Roll call: All ayes 2. Variance - Bruce Fischbach, 4212 Washington Street Motion by Peterson, second by Jolly to approve the variance for 4212 Washington Street with the provisions that if the structure was ever damaged by 50% or more of its fair market value, (9.104)(3)(e) the variance would be null and void and use of the land would be required to be only for a single family dwelling. Roll call: All ayes REGULAR COUNCIL MEETING APRIL ll, 1994 PAGE 6 Bruce Fischbach requested a variance to allow a non-conforming duplex on property having ]ess than 8,400 square feet of land use. Variance - BoxSeat Restaurant, 4005 Central Avenue Motion by Ruettimann, second by Peterson to approve the request for a variance of twenty square feet for wall signage at the BoxSeat Restaurant at 4005 Central Avenue. Councilmember Nawrocki felt the granting of the variance ignores the sign ordinance which was developed over a long period of time by many people. He also felt the sign could be effectively done in the allowable space of eighty feet. Councilmember Peterson suggested the considerable setback of the building from the thoroughfare and the side entrance put the business at a disadvantage and that the sign size was warranted. Councilmember Ruettimann agreed and noted that a hardship also existed due to poor site lines. Councilmember Nawrocki suggested this variance would give this business owner an advantage that his competition would not have. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay Motion by Peterson, second by Ruettimann to extend the temporary signage for thirty days. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay 4. Variance - James & Renee Kelly, 4219 Stinson Boulevard Motion by Peterson, second by Ruettimann to approve the request for a variance of 84.31 feet to the required front setback due to the unusual circumstances of all other homes in the immediate area being in excess of the maximum fifty (50) foot frontage. Roll call: All ayes 5. Petition Regardinq Parkview Villa Councilmember Nawrocki received five copies of a petition at his home. He was requested to distribute these petitions to the other members of the City Council. The petition addressed a matter concerning an employee at Parkview Villa. 6. Heights Pride Month REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 7 Councilmember Nawrocki distributed copies of the flyer put together for the Heights Pride Month activities. He also inquired if the City's insurance would cover individual volunteers and other activities involved with the Heights Pride Month. The City Manager advised the City's insurance coverage extends to cover these situations. 7. Banners/Sweeping/Arizona Youth Proqram Councilmember Jolly felt the banners hung in the business districts of the City looked very good. He also noted that the street sweeping done by the Public Works crews was very good. Councilmember Jolly had received some information regarding youth programs established by the local government officials in Tempe, Arizona. Me felt these programs had some very practical and useful information which could be adapted to Columbia Heights. He will see that members of the Council receive a packet of this information. 8. Survey Information/Tabulation Councilmember Nawrocki inquired as to the tabulations of the survey regarding the proposed multi-use building. The City Manager advised about 700 responses have been received and the tabulation will start soon. 9. City Bus The MTC has been contacted regarding the procurement of another bus for use by the City. Councilmember Nawrocki was advised that the group of buses which will soon become available may not be the best choice for the City's use. It was recommended until some GMC buses are available in the Fall. He suggested that the Shop Foreman keep in touch with staff at the MTC on this matter. OLD BUSINESS a. Board and Commission Appointments Members of the Council had interviewed residents who have applied for consideration for appointment to vacancies on various boards and commissions. They ranked all of those interviewed and formed a concensus. Motion by Ruettimann, second by Peterson to appoint/reappoint the following people to boards and commissions: REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 8 Cable Commission Reappoint Ken Henke to a term expiring April 1996 Reappoint Ruth Graham to a term expiring April 1996 Appoint Steve Mihalchick to a term expiring April 1996 To concur with the Mayor's reappointment of Richard Dustin to a term expiring April 1999 Human Services Commission Reappoint Beth Fairley to a term expiring April 1997 Reappoint Patrice Seawell to a term expiring April 1997 Appoint Don Renquist to a term expiring April 1997 Appoint Barbara Tantanella to a term expiring April 1996 Appoint Antoinette LaMere to a term expiring April 1995 Appoint John Hemak as Human Service Commissioner Emeritus Park and Recreation Commission Appoint Eileen Evans to fill the term of Bill Hollom expiring April i996 Library Board Reappoint Barbara Miller to a term expiring April 1997 Planninq and Zoninq Commission Appoint Russ Paulson to a term expiring April 1998 Police and Fire Civil Service Commission Reappoint Robert Guzy to a term expiring April 1997 Science, Technology and Enerqy Commission Appoint Richard Nowak to a term expiring April 1997 Reappoint Steven Riner to a term expiring April i997 Traffic Commission Reappoint Edward Carlson to a term expiring April 1998 Reappoint Joseph Goodman to a term expiring April 1998 Roll call: All ayes Councilmember Jolly expressed appreciation to all of those who have served on boards and commissions, Councilmember Ruettimann extended a thank-you to all residents who have applied for appointment. Their applications will remain on file for future consideration when there are vacancies. REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 9 b. Authorize ADpraisals for Proposed ProDert¥ Acquisition Motion by Peterson, second by Ruettimann to authorize two independent appraisals on five properties located on the 4600 block between Fillmore Steer and Pierce Street with $3,600 funding authorized from Fund #410-46500-3050. Roll call: All ayes c. Resolution Establishin~ City Manager's Wages and Compensation Councilmember Nawrocki observed that this matter was to have been discussed at the last Council work session and it was not. Me felt the Council had an obligation to discuss work objectives for the coming year. Motion by Nawrocki, second by Ruettimann to table this matter pending further discussion at the April 19th Council work session. Roll call: All ayes d. Re-Establish Public Mearing Plan Modification of Sheffield RedeveloDment and Housing Development Plan The recommended date for the public hearing was May 9, t994. Councilmember Nawrocki felt there should be more discussion on this matter and suggested it be re-established for May 23, 1994. Councilmember Nawrocki noted he has no problem with using excess TIF funds but does object to using these funds as a repayment source. Motion by Ruettimann, second by Peterson to re-establish Public Hearing from April 25, 1994 to May 23, 1994 on the plan modifications of Sheffield Redevelopment and Housing Development Plan, allowing for use of excess development funding of Central Business District Project and establishing final sources and uses of funds for the Sheffield Redevelopment and Housing Development Projects. Roll call: All ayes e. Waste Hauling Charges Councilmember Nawrocki noticed changes in the waste hauling charges relative to administrative charges which resulted in a big increase. The City Manager will re-distribute the memo on this. REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 10 f. Property Taxes Councilmember Nawrocki observed that the City's portion of property taxes on many tax statements appears to have increased ten percent. He feels this increase is uncalled for and hopes that during the 1995 budgeting process they go nowhere near double digits again. Councilmember Ruettimann felt percentages are not comparable do actual dollars. NEW BUSINESS a. Award of Road Aqqreqates Motion by Ruettimann, second by Jolly to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase road aggregate materials for the 1994 season based upon low formal bids received at the unit prices and from the vendors as on attached Council Letter. Roll call: All ayes b. Award of Asphaltic Material Motion by Ruettimann, second by Jolly to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1994 asphaltic materials contract to Koch Materials Company of St. Paul, Minnesota, based upon their low formal bid for the unit prices as on the attached Council Letter. Roll call: All ayes c. Award of Plant Mixed Bituminous Materials Motion by Ruettimann, second by Jolly to award the bid and to ' authorize the Mayor and City Manager to enter into an agreement to purchase the 1994 plant mixed bituminous materials based upon the low formal bids received at the unit prices and from the vendors as on attached Council Letter. Roll call: All ayes d. Purchase of Playqround EquiDment - Edgemoor, Keyes & Hilltop Parks Motion by Ruettimann, second by Peterson to authorize the purchase of replacement playground equipment for Edgemoor, Keyes and Hilltop parks, from Minnesota Playground in the amount of $23,755.22, with funds from Fund 412; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. REGULAR COUNCIL MEETING APRIL 1t, 1994 PAGE 11 Councilmember Nawrocki inquired if the bids were tied in the specs. The Public Works Director responded they were not as he felt there was some value in have all three systems purchased from the same vendor.This would be beneficial with regard to maintenance and repairs. Councilmember Nawrocki was particularly concerned with taking the high bid for Hilltop Park. He felt this was not an option as the low bid met the specs. Councilmember Jolly noted that when there is a standardization of equipment there is a savings eventually for parts, inventories, etc. The Public Works Director acknowledged that the equipment from the lowest bidder and the highest are not interchangeable as they are from different manufacturer's. Motion to amend by Nawrocki to award to Miracle Recreation/Bob Klein Associates the bid for equipment for Hilltop Park. The Public Works Director requested this matter be tabled so he could take a closer look at the bids and verify that the specs were met. Motion by Jolly, second by Ruettimann to table this matter so the Public Works Director can evaluate further. Roll call: All ayes Councilmember Nawrocki felt if interchangeable parts are desirable this should be part of the specifications. e. Rubber Surfaced Railroad Crossinq Motion by Jolly, second by Peterson to authorize the Mayor and City Manager to enter into a contract with CP Rail System to construct a rubber crossing surface on Stinson Boulevard north of 37th Avenue. Roll call: All ayes Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-25 RESOLUTION BETWEEN THE CITIES OF COLUMBIA HEIGHTS AND SAINT ANTHONY ESTABLISHING JOINT POWERS AGREEMENT FOR RECONSTUCTING THE AT-GRADE RAILROAD CROSSING ON STINSON BOULEVARD NORTH OF 37TH AVENUE NORTHEAST REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 12 WHEREAS, it is considered mutually desirable to reconstruct the at-Grade railroad crossing on Stinson Boulevard, north of 37th Avenue Northeast WHEREAS, Stinson Boulevard is shared by the Cities of Columbia Heights and St. Anthony WHEREAS, the City of St. Anthony has agreed to reimburse the City of Columbia Heights for the costs to reconstruct the crossing within the City of St. Anthony NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the Joint Powers AGreement attached as Exhibit "A" is authorized to be executed by the Mayor and City Manager for sharing of costs to reconstruct the at-grade crossing on Stinson Boulevard. Dated this llth day of April, 1994. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held on the llth day of April, 1994 as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk f. Establish City Council Work Session Dates Motion by Nawrocki, second by Jolly to establish Tuesday, April 19th at 7:30 p.m., Monday, May 2nd at 8:00 p.m., Monday, May 16th at 8:00 p.m. and Tuesday, May 31st at 7;00 p.m. as work sessions of the City Council. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 13 g. Accept Resignation of David P. Mawhorter Motion by Nawrocki, second by Ruettimann recognizing that David Mawhorter has resigned as Police Chief and is willing to continue to serve until October 2, 1994 for the transition, that we concur with the tenative agreement worked out for the City to continue to pay the City's share of the health benefits until the end of the year. Roll call: All ayes h. Lions Club Pancake Breakfast Councilmember Nawrocki noted that the Lions Club is having its annual pancake breakfast on Sunday, April I7th. Proceeds will go to one of the High School's music groups. 10. i. Tree City U.S.A. Councilmember Jolly and Foreman McClanahan will be attending the reception at the Governor's mansion for recipients of Tree City U.S.A. recognition. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form and the following items were discussed: City Mall Court: Court services discontinued by December 22, 1994. in City Hall will be Library Elevator: Councilmember Jolly inquired as to the progress of the elevator project at the Library. The City Manager responded there have been some water problems. City Bus: Counoilmember Nawrocki asked if any additional information is available on the City bus transmission. He was advised none has been received to date. b. Report of the City Attorney The City Attorney had nothing to report at this time. REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 14 ADJOURNMENT Motion by Peterson, second by Nawrocki to adjourn the meeting at 9:35 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS BOARD OF REVIEW MEETING APRIL 18, 1994 The Board of Review Meeting was called to order at 8:00 p.m. by Council President Peterson. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson - present Sturdevant - absent \ STATEMENT OF PURPOSE OF TME BOARD OF REVIEW The p~rpose of the Board of Review is to review property va]u~.~ons as of January 2, 1994 and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. INTRODUCTIONS City Manager Mentges introduced Ed Thurston, Anoka County Assessor, Carro] McCain, Anoka County Residential Appraiser and Diana Steltmach, Anoka County Commercial Appraiser. QUESTIONS AND ANSWERS REGARDING PROPERTY VALUATIONS The owner of the property at 1155 Khyber Lane felt the increase on his property value was not justified. Me advised it had increased $4,000 for each of the past two years. Me suggested an acceptable value would be $110,000. Ms. McCain distributed land zone maps to the Council and staff. Accompanying the maps was data which addressed 1993 and 1994 values in the land zones in the City. She advised that the properties located in the zone with this owner's home had sold for more than they were valued at. These selling prices impact on the value of all of the homes in the zone. Comparables in the area were also discussed and it was noted that some homes which have less square feet and smaller are valued similarly. President Peterson requested the Appraiser to view this home again. Two duplex buildings are owned by this resident and he questioned the accuracy of their valuations. They are located at 4545/4547 Fillmore Street and 4556/4558 Fillmore Street. The value on each of these buildings has decreased approximately $7,000 since last year. The Appraiser will view them again. BOARD OF REVIEW APRIL 18, 1994 PAGE 2 The owner of the building at 4757 Central Avenue advised the Council that the value of his building has decreased approximately $25,000 since 1993. Me noted that the tenants in the building pay the taxes and he was appearing on their behalf. They operate a restaurant in the building and are having a difficult time paying the taxes associated with this evaluation. Me noted that while value drops the mill rate increases and the taxes either stay the same or increase. Me feels the building is about seventy or eighty thousand dollars overvalued. Councilmember Ruettimann inquired if there were comparables. Ms. Stellmach gave examples of similar buildings in the area which are operated as restaurants. Discussion continued regarding land si~e, usable land on the parcel, parking availability and the hill behind the building. The owner indicated a willingness to work with the appraiser on behalf of his tenants. He suggested that a value of $285,000 would appear to be more accurate. He also noted an interest in pursuing an abatement based on the value for the last two years. He was advised he should pursue this through Anoka County. President Peterson read letters received regarding home values. The first letter was from the owner of the home at 1213 42nd Avenue who disagrees with the value. She also had comments regarding what she feels is an inequity in the refuse charges. Ms. McCain advised she has already visited with this owner and has viewed the property. The value was previously reduced $9,600 as the condition of the house is poor and there is water damage. She does not recommend any further reduction. A second letter was received from the owner of the house at 1024 44 1/2 Avenue who stated his value is too high. He indicated to the appraiser he will procure an independent appraisal and feels there is a "perceived" market value. He also requested that the house be viewed again. Councilmember Nawrocki, who is familiar with the house, agreed the valuation is too high. Councilmember Nawrocki had some questions regarding the list for sales ratios. Mr. Thurston explained how the median is arrived at. Councilmember Nawrocki also felt some of the examples used by the Appraiser were not really representative. BOARD OF REVIEW APRIL 18, 1994 PAGE 3 Councilmember Nawrocki requested the County Assessor to supply him with the sales ratio figures on those Fridley homes in School District #13. 5. COUNCIL ACTION Motion by Nawrocki, second by Ruettimann to continue the Board of Review meeting until Monday, April 25, I994 at 7:00 p.m. for the purpose of bearing additional information regarding only those property values appealed and discussed on April 18, 1994 and to consider adoption of the 1994 Property Assessment Rolls. Roll call: All ayes of: 4~5~94 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: NO. 6 PUBLIC WORKS ITEM: CONTINUATION OF PUBLIC IMPROVEMENT BY: M. Winson f~/~) BY: NO. HEARING: EROSION CONTROL ON EAST ,, DATE: 4/21/94 DATE: BANK OF LAB~.I J.~. PARK{~ ,~/~ , Attached is the updated information requested by the Council for the Erosion Control Project on the east bank of LaBelle Park, including updates on: a) Cost of installing fence b) Cost of including additional parcels c) Revised assessment charges d) Additional information on the status of obtaining easements will be forwarded at the meeting. Staff will make a presentation at the meeting. Information concerning the interest of the National Guard should also be available at the meeting. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94- improvements, P.I.R. #898, Project #9103. , being a resolution ordering RECOMMENDED MOTION: Move to authorize staff to seek sealed bids for Erosion Control on East Bank of LaBelle Park, P.I.R. #898, Project #9103. MAW:jb 94-239 Attachment COUNCIL ACTION: ~E S O L U T I 0 N NO, 94- BEING A P~ESOLUTION OP, DEI~ING IHPI~0VEHENTS BE IT HEP~EBY RESOLVED by ~he City Council of 'the City of Columbia Heishts on the 24th day of January, 1994 and on 8th day of February, 1994 ordered notice of a hearin$ to be given to property owners, and F~v.~EAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 21st day of Hatch, and on the 25th day of April, 1994, and ~EAS, the Council determines to proceed with this local ~nprovement, a portion of the cost being defrayed by special assessments under Charter provisions. NOg, 1. 7. That the administrative and engineering costs assessment but vill be paid by the City. Passed this 25th day of April, 1994. Offered Seconded by= ~oll Call~ THEREFORE, IT I5 HEREBY RESOLVEDt 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. ~ork wouldinclude clearing of debris and underbrushand selective cutting of trees, fencing, seeding with iow maintenance shade-tolerant vesetation and installing an erosion control blanket. 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 Hanager 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. These improvements shall also be known as P.I.a. ~898 - Project 9103. will not be part of the Joseph $turdevant, Jr., Mayor Secretary to the Council CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC HEARING Pursuant to City Charter, notice is hereby givea that the City Council has dcm'mined the following Public Improvement Heating be held on Monday, April 25, 1994, at 7.00 P2d. in the City Council Chambers/Court Room, 590 40th Avenu~ N.F.. to considec P.t.R. 898 - Municipal Proiect 9103 - LaBelle Park East Bank Erosion Conu'ol Inst~llation of erosion control materi_'ais on the east bank of LaBelle Park from 1207 to 1355 Circle Terrace Blvd. Work would includ~ cleating of debris and underbrush, selective cutting of tree~, installing cha/n link fence, seeding with low maintenance shade-tolerant vegetation and il~fn111qg all erosioll control blanl~t. Estimated total project cost Proposed assessment period of 10 years. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, or TDD 782-2806 (for deaf only) to make arrangements. The City of COlumbia Heights does not discriminate on the basis of disability in employment or the provision of ~orvic~$. CTrY OF COLUMBIA HEIG~S Published in Focus on 4/12/94 and 4/19/94 Patrick t-Ientgcs City Manage 24-Apr-94 ESTIMATED ASSESSMENT COSTS P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL 1207 TO 1355 CIRCLE TERRACE BLVD EROSION CONTROL BLANKET ESTIMATED ASSESSMENT COSTS CONSTRUCTION COSTS ENGINEERING AND, ADMINISTRATIVE COSTS TOTAL PROJECT COSTS ANOKA CO. S.W.C.D. GRANT (50%) CITY OF COLUMBIA HEIGHTS SHARE LA, BELLE PARK CIRCLE TERRACE PARCEL UNASSESSED PROJECT COSTS ENGINEERING AND ADMINISTRATIVE COSTS ASSESSABLE PROJECT COSTS $242,272.50 $21,31 8.59 $263,591.09 ($131,795.55) ($65,897.77) ($3,000.00) ($6,568.13) ($5,329.65) $51,000.00 ASSESSMENT RATE $51,000.00 17 PARCELS = $3,000.00 /ASSESSABLE PARCEL 24-Apr-94 ENGINEER'S ESTIMATE P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL 1207 TO 1355 CIRCLE TERRACE BLVD EROSION CONTROL BLANKET No. Description Quantity Unit Unit Price 1 Clear and grub area 1 L.S. 2 Remove concrete rubble 1 L.S. 3 Remove existing retaining walls 128 L.F. 4 Remove existing fence 521 L.F. 5 Granular borrow (L.V.) 1,000 C.Y. 6 Erosion fence 1,350 L.F. 7 Aggregate base CI 5 for path/parking areas 370 Ton 8 Bituminous path/parking area 1,050 S.Y. 9 Install6' chain linkfence 2,500 L.F. 10 Erosion blanket 8,915 S.Y. 11 Slope vegetation 8,915 S.Y. CONSTRUCTION COSTS ENGINEERING AND ADMINISTRATIVE COSTS $85,000.00 $25,00O.0O $1o. oo $2.50 $20.00 $5.0O $1o. oo $15.00 $12.00 $3.00 $3.O0 Total $85,000.00 $25,000.0O $1,28O.00 $1,302.50 $2O,000.00 $6,750.00 $3,700.00 $15,750.00 $30,000.00 $26,745.00 $26,745.00 $242,272.50 $21,31 8.59 TOTAL PROJECT COSTS $263,591.09 24-Apr-94 ESTIMATED ASSESSMENT COSTS P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL 1207 TO 1355 CIRCLE TERRACE BLVD EROSION CONTROL BLANKET ESTIMATED ASSESSMENT COSTS CONSTRUCTION COSTS ENGINEERING AND ADMINISTRATIVE COSTS TOTAL PROJECT COSTS ANOKA CO. S.W.C.D. GRANT (50%) CITY OF COLUMBIA HEIGHTS SHARE LABELLE PARK CIRCLE TERRACE PARCEL UNASSESSED PROJECT COSTS ENGINEERING AND ADMINISTRATIVE COSTS ASSESSABLE PROJECT COSTS $242,272.5O $21,31 8.59 $263,591.09 ($131,795.55) ($65,897.77) ($3,000.00) ($6,568.13) ($5,329.65) $51,000.00 W/NATIONAL GUARD $177,311.09 ($88,655.55) ($80,795.59) $7,859.95 ASSESSMENT RATE $51,000.00 17 PARCELS = $3,000.00 /ASSESSABLE PARCEL WITH NATIONAL GUARD $7,859.95 17 PARCELS $462.35 /ASSESSABLE PARCEL 24-Apr-94 ENGINEER'S ESTIMATE P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL 1207 TO 1355 CIRCLE TERRACE BLVD EROSION CONTROL BLANKET No. Description Quantity Unit Unit Price 1 Clear and grub area I L.S. 2 Remove concrete rubble I L.S. 3 Remove existing retaining walls 128 L.F. 4 Remove existing fence 521 L.F. 5 Granular borrow (L.V.) 1,000 C.Y. 6 Erosion fence 1,350 L.F. 7 Aggregate base Cl 5 for path/parking areas 370 Ton 8 Bituminous path/parking area 1,050 S.Y. 9 Install 6' chain link fence 2,500 L.F. 10 Erosion blanket 8,915 S.Y. 11 Slope vegetation 8,915 S.Y. CONSTRUCTION COSTS ENGINEERING AND ADMINISTRATIVE COSTS TOTAL PROJECT COSTS $85,000.00 $25,000.00 $1o. oo $2.50 $20.00 $5.o0 $1 o. oo $15.OO $12.00 $3.00 $3.00 Total $85,000.00 $25,000.00 $1,280.00 $1,302.50 $20,000.00 $6,750.00 $3,700.00 $15,750.00 $30,000.00 $26,745.00 $26,745.00 $242,272.50 $21,31 8.59 $263,591.09 . POSSIBLE WORK BY NATIONAL GUARD 1 Clear and grub area 2 Remove existing retaining walls 1 ES. 128 L.F. $85,000.00 $10.00 ($85,ooo.oo) ($1,280.00~ REVISED PROJECT COSTS $177,311.09 TO: FROM: RE: DATE: Pat Hentges, City Manager Gregg Woods, City Attorney Special assessments 21 April 94 MAHAGER CiTY OF ~LLI~gt^ HEIGHTS Chapter 429 of Minnesota Statutes provides the authority for special assessments. Special assessments may only be levied only upon those properties benefitted by the improvement. See attached Minn. Stat. 429.051. The benefits obtained from an improvement are calculated by comparing the market value of the land before and after the improvement. Many things may be used as evidence of market value of land, including the cost necessary for continued legal use of the land, or the "cost to cure". See Lunderberg v. City of St. Peter, 398 N.W.2d 579 (Minn. Ct. App. 1986). Although any improvement which benefits the land is presumed valid, the landowner may rebut this presumption with evidence showing that the land value did not rise. Buzick v. City of Blaine, 505 N.W.2d 51 (Minn. 1993). It is my conclusion, based upon the facts available to me, that an assessment of the adjacent property owners of LaBelle Park would be difficult to sustain on appeal to the District Court. Any improvement to the property value of these parcels due to the regrading of the park is purely speculative. If you any further questions, please advise. let in bid- to a discre- .~ pow- made Op. of of the of d 882. Sp. to put- does Dec. bids ruder made the .Gen., LOCAL IMPROVEMENTS 7. Contracts City of the second class could not legally enter into agreement whereby property owner' to be benefited by postponed improvement was to be repaid by city at a future date, if and when area was developed, for advances made by the owner to the city to pay the cost of improvement.. Op.Atty. Gen., 387-B; Aug. 1, 1955., 8. Cooperative agreements A city may let an improvement contract on its own and town's behalf provided it does so pursuant to prior agreement with the town, such agreements specifying how the cost is to be divided. Op.Atty.Gen., 1007, Feb. 26, 1975. § 429.051 Subparagraph 2 of subdivision 4 of this sec- tion applies only where improvements therein specified are to be accomplished by day labor as authorized under the stated conditions of the second subdivision of this section. Id. 10. Additional work Where metropolitan sewer board advertised for bids on sanitary sewer project to be con- structed in area including village, project was commenced and contract was let on unit basis, it was statutorily permissible for village, with- out first advertising for bids, to contract with sewer board for addition with cost not exceed- ing 25°,4 of original contract price. Village of Excelsior v. I:. IN. Pearce Corp., 1975, 303 Minn. 118, 226 N.W.2d 316. 9. Street improvements A village may, without calling for bids, order work done by day labor for bituminous surfac- ing of streets by use of bond proceeds, but bids must be sought in accordance with .this section for the rental of equipment and the purchase of materials when the use of day labor is contemplated. Op.Atty. Gen., 396-G-7, May 14, 1956. The fourth subdivision of this section is not applicable to the construction of curbs, gutters, or sidewalks by a village. Op.Atty. Gen., 707-A-t, July 28, 1955. 11. Separate projects Under subd. 1 of this section a council of a city of the fourth class could provide for sepa- rate projects where estimated cost of each did not exceed $5,000. Op.Atty. Gen., 707-A-4, April 8, 1964. 12. Supervision This section makes mandatory the retention of a registered engineer when a project will cost more than $2,000 and day labor be used. Op.Atty. Gen., 396-G--7, May 14, 1956. 429.05. Repealed by Laws 1953, c. 398, § 13, sub& 1 Historical Note The repealed section related to the conduct St.1927, § 1918-19. of hearings on petitions for improvements, and Laws 1925, c. 382, § 5. was derived from: 429.051. Apportionment of cost The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement and whether or not any part of the cost of the improvement is paid from the county state-aid highway fund, the municipal state-aid street fund, or the trunk highway fund. The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the notice of hearing on the improvement, except as provided below. The municipality may pay such portion of the cost of the improvement as the council may determine from general ad valorem tax levies or from other revenues or funds of the municipality available for the purpose. The mtmicipality may subsequently reimburse itself for all or any of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement, on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabutting properties which may be served 601 '1 § 429.051 CITIES, METROPOLITAN AREAS by the improvement when one or more later extensions or improvements are made but which are not initially assessed therefor, the municipality may also reimburse itself by adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements, provid- ed 'that notice that such additional amount will be assessed is included in the notice of hearing on the making of such extensions or improvements. The additional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original improvement. In any' city of the fourth class electing to proceed under a home rule charter as provided .in this chapter, which charter provides for a board of water commissioners and authorizes such board to assess a water frontage tax to defray the cost of construction of water mains, such board may assess the tax based upon the benefits received and without regard to any charter limitation on the amount that may be assessed for each lineal foot of property abutting on the water main. The water frontage tax shall be imposed according to the procedure and, except as herein provided, subject to the limitations of the charter of the city. Laws 1953, c. 398, § $. Amended by Laws 1955, c. 842, § 1; Laws 1957, c.'40, '§ 1; Laws 1959, c. 490, § 1; Laws 1961, c. 286, § 1. Historical Note The 1955 amendment added provisiOns deal- ing with reimbursement of general ad valorem tax levies or other f-ands available to the mu- nicipality and used to pay the cost of an im- provement, as well as provisions relating to additional assessments upon property subse- quently benefited by a prior improvement. The 1957 amendment added the second para- graph. The 1959 amendment rewrote the first sen- tence which formerly read: '~The cost of any improvement, or any part thereof, may be assessed upon property bene- fited by the improvement, whether the proper- ty abuts on the improvement, or not, based upon the benefits received." The 1961 amendment added storm sewer costs to the improvements for which munici- palities may reimburse themselves by levying additional assessments upon abutting proper- ties. · Constitutional Provisions Constitution, Art. 10, § 1 provides in part: for local improvements upon property benefit- ''... The legislature may authorize municipal ed ,~hereby without regard to cash valuation. corporations to levy and collect assessments... - Cross References Application of this section to municipal storm sewer improvements, see § 444.18. Law Review Commentaries Special assessment determlnatlon--In re Vil- Special assessments. DeForest Spencer, May lage of Burnsville, Minnesota. 1978, 4 Wm. 1954, 38 Minn. Law Review 582. Mitchell LRev. 262 Library References Municipal Corporations ¢='465 et seq. C.J'.S. Municipal Corporations § 1417 et seq. 602 me is, ig the !% ap- ~o and ~re to ure to ~ he failure ~ted a ~ court :of the r. We would oppor- e peti- g that alleged error on appeal from the judgment. $¢~ Minn. R.Civ. App. P. 103.04. We therefore remand the matter to the court of appeals for its consideration of the merits of the issue [raised by the petitioner. ' 'John W. BUZICK, et al., Petitioner, Appellant, V. ¥- CITY OF BLAINE, Respondent. i No. CX-92-495. ...... Supreme Court of Minnesota. Aug. 27, 1993. In action contesting validity of special assessment, the District Court, Anoka Coun- ty, Phyllis G. Jones, J., found that assess- ment was valid. Taxpayers appealed, and the Court of Appeals, 491 N.W.2d 923, af- fumed. Taxpayers again appealed and the Supreme Court, Gardebring, J., held that: (1) trial court did not abuse its discretion in e-xcluding, for lack of foundation, taxpayers' evidence of fair market value based on devel- opment cost approach, and (2) special assess- ment was valid, since taxpayers failed to present admissible, competent evidence to rebut presumption of validity. . ' Affmmed. L Municipal Corporations ~pecial assessments are presumed to be valid if land receives special benefit from ~nstruction of improvement, if assessment is (iuifSrm' upon same class of property, and ff as~es~me~{ does nut exceed special benefit to Municipal Corpora!i0ns ~467 purposes of determining validity of ~ssment, benefits to land from ira- ~ BUZICK v. CITY OF BLAINE Minn. 51 Citeas$05 N.w,2d 51 (Minn. 1993) provement are calculated on market value of land before and after improvement. 3. Municipal Corporations ¢=513(7) Party contesting special assessment has burden of introducing competent evidence to overcome presumption that assessment does not exceed special benefit to land, which is created by introduction of assessment roll into evidence 4. Appeal and Error ~=970(2) Trial ~43 Trial court has broad discretion in ruling on whether co admit evidence, and Supreme Court will not overturn trial court's ruling unless it is based on erroneous interpretation of law or constitutes abuse of discretion. 5. Municipal Corporations ~=513(7) In action contesting special assessment, mdal co'urt did not abuse its discretion in excluding taxpayers' evidence based on de- velopment cost approach, ~ven though court found that property was ripe for develop- menu 'taxpayers failed to lay sufficient foun- dation for evidence by failing to show that development was economically feasible and would not take place at too remote a time. 6. Municipal Corporations ~=513(7) ~ · For purposes of laying foundation for introduction of development cost approach evidencejn action contesting special asses's- ment, property is "ripe for development'' when improvements are completed making possible development of property at its high- est and best use. See publication Words and phrases for other judicial constructions and initions. 7. Eminent Domain ~=202(4) Municipal Corporations ~=502i2) ' Foundational requirements for admis- sion of development cost approach evidence are the same in condemnation and special assessment actions. ~ ' 8. Municipal Corporations a=513(7) Special assessment was valid, where city properly entered assessment roll into record and offered additional testim~in~r as to v~alue 4f taxPa~;ers' Property before and after im- provements, which established that increase k 52 Minn. 505 NORTH ~WESTERN in value exceeded assessment, and tmxpayers failed to introduce admissible, competent evi- dence to rebut presumption of validity.. 9. Municipal Corporations ~:~513(7) In action contesting special assessment, trial court did not abuse its discretion in excluding evidence regarding alleged conflict of interest arising from fact that city manag- er was also project manager of sports facility for which improvements were undertaken since conflict, ff any, was irrelevant to wheth- er assessment was valid. .L It is neither a misinterpretation of the law nor an abuse of discretion to exclude development, cost approach evidence which fails to meet fouhdation requirements. · ' 2. The evidence was sufficieflt to estab- lish that the assessment benefitted the prop- erty, the assessment did not exceed the bene- fit, and that the assessment Was uniform. 3. There was no abuse of discretion in excluding evidence regarding an alleged con- flict of interest regarding the city manager. David A. Allgeyer and Helen Mary Hu- ghesdon, Minneapolis, for petitioner, appel- lant. Paul T. Ostrow, St. Paul, for respondent. Heard, considered, and decided by the court en bane. GARDEBRING, Justice. This case arises from a challenge to a $94,855.46 assessment levied by the City of Blaine against the appellants' property for public improvements. The txial 'court and court of appeals upheld the assessment, 491 N.W.2d 923 (1992). We affirm. .~ 1. In the comparable sales market data"approach, sales of closely comparable parcels are compared to the parcel at issue to determine a valuation of that property. See, Ramsey County v. Miller, 316 · N.W.2d 917, 920 (Minn. t982).~- - .. 2. The dei~elopme~t cost approach is designed to · reflect, through cash flow analysis, the current '.price that a developer-purchase/- would pay for ~the land, given the cost of developing it and the REPORTER, '2d SERIES The appellants purchased the parcel on September 26, 1977, with the in'tent to devel- op it at some time in the futurel: The parcel is directly across Davenport Street from the National Sports Center, an amateur sports facility which was a site of events in the Special Olympics during 1990. The city plan of Blaln~ i~cluded the future' paving of DavenpoFc, 'along with the con- struction of waste and sewer mains. The improvements were completed in 1989 to fa- cilitate the development of the National Sports Center. The cost of the improve- ments were assessed to various adjacent property owners.' The appellants conte~ted the assessment at a special, hearirig before the Blaine City Council, which approved the recommended assessments on September 6, 1990. Th~ ap: pellants then appealed the special assess- ment and a trial was held in August, 1991. At trial, Blaine introduced evidence to show the average rate of consumption of industrial land and the availability of remain- lng parcels served by utilities. Blaine's city appraiser testified that appellants' property increased in value from $52'7,000 before the improvements to' $699,000 subsequent to the improvements, for an increase of $172,000. He used the "paired sales analysis" or "com- parable sales market data approach" method of valuing propertyj The appellants attempted to introduce pert testimony as to the value of the proper- ty using the "development cost approach" method of valuation,z The evidence was ruled inadmissible as lacking in foundation; however, the appellants' expert did testify as to his opinion that the property was not ripe for development and that there was an inade- quate market for large industrial plats in Blaine. probable proceeds from the sale of the developed sites. See, Ramsey Cc, untY v. Miller, 3t6 N.W.2d 917, 920 (Minn. t982), referring to' American In- stitute of Real Estate Appraisers, The~Appraigal Real Estate, 140 (7th ed. 1978). - ;the development cost approach is also ,re- ferred to as: "subdivision developrrlent proce: dure;" ,"land residual analysis;" and "lot meth- ' BUZICK v. CITY OF BLAINE Cite as 505 N.W.2d 51 (Minn. 1993) · The trial court found that the assessment was proper. On appeal the corn% of appeals affu~med the txSal court. ' Appellant argUes 'tha~ tl~e t~sal court im- Properly excluded evidence ~ using the devel- opment cost approach and that Blaine's evi- dence was not sufficient to support the trial court's findings that the improvements in- creased the marketability of the appellants' property, that th~' ass~ssment was uniform and consistent, and that the costs of the assessment did not exceed the benefit to the property. Appellant further asserts that the trial court erred in excluding evidence of an alleged conflict of interest on the part of the city manager. '[1-3] Special assessments are presumed to be valid ff the land receives a special benefit from the construction of the improve- ment, if the assessment is uniform upon the same class of prgperty, and if the assessment does not exceed the special benefit to the property. Tri-State Land Co. v. City of Shoreview, 290 N.W.2d 775, 777 (Minn.19$0). The benefits from an improvement are calcu- 'lated on the market value of the land before and after the improvement. Ande,'son v. City of Bemidj~ 295 N.W.2d 555, 560 (Minn.' 1980). "Introduction of the' assessment roll into evidence constitutes prima facie proof that the assessment does not exceed special benefit.". T?i-State 290 N.W.2d at 777. The contesting party has the burden of introduc- ing compet.ent evidence to overcome this pre- sumption. Id. [4] We first consider the issue of the trial comb's decision to exclude ~evidence offered by appellant, based on the development cost method. The trial court has broad discretion in ruling whether or not to admit evidence and we ~vill not overturn that ruling unless it is based on an erroneous interpretation of the taw or constitutes an abuse of discretion. Uselman v. Uselmav~ 464 N.W.2d 130, 138 (Minn.1990). The standard for the admission of evidence~ using the devetopme, nt cost approach to de- tdrmine the fair market value of .pr.operty (J :.The trial court £ound that as recently as March '.28~ 1990, the appellants considered their proper- ~ ~ ripe for development when accepting the con- " Minn. 53 was established in a condemnation proceed- ing, Ramsey County v. Miller, 316 N.W.2d 917 (Minn.1982). The landowners in M~ller had submitted a proposed development plan to the city a year before the city made a recommendation to acquire the land by con- demnation for use as a park and open space. In that case we decided that all relevant evidence relating to market value should be admissible, considering the current practices in the real estate area. [5, 6] However, to guard against the arti- ficial inflation of market values by property o~vners, we specified the foundation grounds necessary before admission of development cost approach evidence. There must be a sho~ving that: (a) IT]he land is ripe for developme~it; (b) the owner; * * reasonably expect[s] to secure the necessary zoning and other permits required for the development to take place; and : (c) the development [must] not take place at too remote a time. Id. at 922. In this case, appellants argue that there is an inconsistency in the trial court's findin~ that the property is "ripe'.: for developmen.t and in its decision to exclude evidence based on the development cost ap- proach. There was no error in the interpretation or application of the Miller foundational re- qufl-ements. The appellants confuse the is- sue by equating "ripeness" with "economic feasibility." These concepts are distin- guished as two separate foundational re- quirements which must be met before intro- duction of development cost apProach evi- dence: the first of the Miller requirements relates to the possibility of development; the third Miller requirement relates to the tim- ing of the devetbpment. Property is ripe for development when the improvements are completed making possible the development of the property at its highest and best useJ While it may not be economically' feasible to develop property at the time that it is ripe for development, present infeasibility of de- de'nation award for that portion'of'the parodi which was taken for construction'of these im- provements. " 54 velopment does not make the property "un- ripe." · Economic feasibility directly relates' to the thh'd prong of Miller, as to when the proper- ty will be developed. The development cost approach method anticipates this feasib/~ty by requfldng a "deduction for the time lag by discounting, at an appropriate interest rate, the annual net income flow over'the time needed for completion and market absorption of the project." Appraisal at 148, supra, · [7] Furthermore, we cannot agree ~with the appellants that there should be different foundational requirements for the admission of development cost approach evidence in condemnation and assessment actions. On the contrary, admission of evidence that does not meet these foundational requirements would lead to the admission of highly specu- lative evidence with liraited probative value in assessment proceedings, just as it would in condemnation proceedings. There has been no showing by the appel- lants of an abuse of discretion by the trial court when it excluded the development cost approach evidence. The appellants' expert was allowed to testify and could have used other acceptable appraisal-methods to estab- lish the fair market value of the property before and after the improvements. [8] As to the second issue, we conclude that the city met its burden of proof under Tri-State. It properly entered the assess- ment roll into the record and offered addi- tional testimony as to the value of the prop- erty before and after the improvements which established that the increase in value exceeded the assessment. In the absence of admissible, competent evidence to rebut the presumption of validity, the trial court found that the requirements of Tri-State were met. Id. at 777. Thus the assessment ~s valid. · [9] As to the third issue, the appellants assert that the assessment process was fatal- ly tainted because the city manager was also the project manager of the National Sports Center. We conclude it was not an abuse of discretion to exclude evidence regarding this. alleged c0pfiict of interest since such conflict, ff any, is irrelevant to'whether :the assess- ment was valid. " ~ Minn. 505 NORTH WESTERN REPORTER, 2d SERIES Because we find no misinterpretation of law nor abuse of discretion in applying the foundational requirements of Miller and the exclusion of eyidence, the assessment is valid and the trial' court and court of appeals deci- sions are affirmed. Christian TYROLL, Plaintiff, PRIVATE LABEL CHEMICALS, INC., Respondent, Central Machine Work~., et~ al., Plaintiffs in Intervention, Petitioner, - Appellants. No. C1-92-479. Supreme Court.of l~linnesota.. Aug. 27, 1993. Injured worker brought negligence ac- tion against third-party tert~feasor for~ work- related injury, and employer and its compen- sation carrier intervened. Following work- er's Naig settlement with tort-feasor, the District Court, Hennepin County, Michael J. Davis, J., entered judgment for employer; insurer on subrogation claim, and tort-feasor appealed. The Court of Appeals, 493 N.W.2d' 128, reversed and remanded, and employer; petitioned for review..The Supreme Court,' Simonett, J., held that: (1) tort-feasor.had right to jury trial of common-law issues, and (2) compensation benefits as determined by trial court are recovered out of common-taw damages awarded by jury on tort cause of action to arrive at employer's damages in subrogation action brought after pretrial Naig settlement. " . 'Affirmed in part, reversed in~ part ~nd remanded. LUNDERBERG v. CITY OF ST. PETER Cite a~ 398 N.W.2d ~S79 (Mlnn~pp. 1986) Where there has been no motion for a new trial, review is limited to whether the evidence supports the findings of fact and whether the findings sustain the conclu- sions of law and the judgment. Gruenha- gen v. Larson, 310 Minn. 454, 458, 246 N.W.2d 565, 569 (1976). Rulings on proce- dural matter~ such as amendment of plead- ings cannot be considered on appeal when such a motion has not been made. Sauter v. Wasemiller, 389 N.W.2d 200, 201 (Minn. 1986). Therefore, we are precluded from reviewing this matter. [SI Respondent also asserts th, at the tri- al court erred in directing a verdict on the defamation cause of action. We recognize that a directed verdict is appropriate only in exceptional cases. Garner v. Todd, 361 N.W.2d 459, 460 (Minn. Ct. App. 1985). The motion for a directed verdict presents a question of law on the sufficiency of the evidence to raise a fact question for the jury's decision. Midland National Bank v. Pe~ranoski, 299 N.W.2d 404, 409 (Minn. 1980). A directed verdict is sustainable only if it clearly would be the duty of the trial court to set aside a contrary verdict, as against the evidence or contrary to the law of the case. State Bank of Cologne v. Schrupp, 375 N.W.2d 48, 51 (Minn. Ct. App.), pet..for rev. denied, (l~inn. Dec. 13, 1985). In reviewing the directed verdict, the appellate court must make an indepen- dent determination of the sufficiency of the evidence to present a fact question for the jury. ;d. The parties have not made a transcript available. Instead, respondent has indi- cated an intent to proceed on the basis of an agreed statement, pursuant to Minn. R. Civ. App.P. 110.04. The statement indicates only: Respondent claimed in his Complaint that Appellant had falsely communicated to third parties that Respondent had been terminated from employment at Donald- sons for a 'major breach of policy.' * * * The case proceeded to trial the same day [that the answer was amended to assert Minn. 579 the affirmative defense of privilege] and Respondent was foreclosed from pro- ceeding with his defamation claim be- cause of lack of evidence of any malice by Appellant. The defamation claim was. formally dismissed at the close of spondent's case. This is the only evidence available for re- view in this proceeding, and it provides little assistance in making an independent determination of the sufficiency of the evi- dence. Based upon the information con- mined in the agreed statement, we must conclude that the trial court properly deter- mined that the jury could not return a verdict in respondent's favor. Evidence of malice would be necessary to defeat the affirmative defense of privilege, and appar- ently no such evidence was presented. DECISION The trial court did not err in determining that the personnel policy constituted a uni- lateral contract or in awarding and calcu- lating prejudgment interest. Because re- spondent did not make a post-trial motion regarding amendment of appellant's plead- ing to assert a defense of privilege to the defamation claim, review is precluded. Tl~e record indicates that the court did not err in directing a verdict on the defamation cause of action. Affirmed. Gerald W. LUNDERBERG, et al., Appellants, Donald R. Wolfe, et al., Defendants, v. CITY OF ST. PETER, Respondent. No. C5-86-850. Court of Appeals of Minnesota. Dec. 23, 1986. Review Granted Feb. 18, 1987. Property owners appealed assessment for sewer improvement project. The Dis- 58O Minn. 398 NORTH WESTERN REPORTER, 2d SERIES trict Court, Nicollet County, Noah S. Ro- senbloom, J., ordered that the assessment be based on per foot calculation rather than per service charge. On appeal, the Court of Appeals, Popovich, C~/., held that order that assessment against property owners for special benefit conferred by improve- ment be based upon per foot calculation was improper; property owners had agreed, at meeting,, to per service unit charge. .. · Reversed. 1. Municipal 'Corporations ~=437, 466, 472 City's power of speCial assessment is limited in that land must receive special benefit from improvement being construct- ed, assessment must~be uniform upon same class of property, and assessment may not exceed special benefit. M.S.A. § 429.051; U.S.C.A. Const. Amend. 14. 2. Municipal Corporations ~=439 Difference in market value brought about by "special benefit" from improve- merit should be computed by determining what willing buyer would pay willing seller for propergy before, and then after, ira- provement has been constructed. 3. Municipal Corporations ~=467 Replacement cost necessary for contin- ued legal use of property impacts market value of property accordingly, for purpose of determining amount which city may as- sess against property upon which special benefit has been conferred by improve- merit. 4. Municipal Corporations a=467 Present use of property is not control- ling in determining market value of proper- ty before and after beneficial benefit is conferred by improvement, for purpose of determining amount of permissible assess- ment. 5. Municipal Corporations a==456(1) Order that assessment against proper- ty owners for special benefit conferred by improvement be based upon per foot calcu- lation was improper; property owners had agreed, at meeting, to per service unit charge. Syllabus by the Court · .~ The trial court erred in ordering sewe~~ improvement reassessment based on pe~: foot charge when city's original per service' unit charge was not arbitrary but was sup-'* ported by the record. ~ G. Barry Anderson, Arnold & McDoWell,' Minneapolis, for appellants. Greggory J. Woods, Asst. City Atty., St. Peter, for respondent. Heard, considered and decided by POPOVICH, C.J., WOZNIAK and FORSBERG, JJ. OPINION POPOVICH, Chief Judge. This appeal is from a judgment of re- mand following an assessment to property owners for sewer service .line improvement constructed by the City of St. Peter, Min- nesota. The trial court ordered reassess- ment based on a per foot calculation rather than a per service charge. Appellants claim the trial court erred in ordering reas- sessment because the reassessment is not formulated on market value increase and exceeds special benefits received. We re- verse and reinstate the city's original as- sessment. FACTS Pursuant to a 1971 stipulation agreement with the Minnesota Pollution Control Agen- cy and to comply with the murdcipal code, respondent City of St. Peter began a series of sewer improvement projects. The final step to complete the work began in 1983 when separation of storm drains from sani- tary sewers was planned for the central business district underlying South Min- nesota Street along which appellants Lun- derbergs', Nemesis', Maynards' and Wolfe's properties are located. LUNDERBERG v. CITY OF ST. PETER Minn. 581 Cite n~ 398 N.W~t 579 (Mlnn~App. 198~) The sewer project involved two parts: (1) replacement of the main sanitary sewer line running underneath South Minnesota Avenue, and (2) replacement of over 60- year-old clay service lines running from the main sanitary sewer line to each individual property owner. Total estimated cost of the project was $2.5 million. Respondent planned to fund the work at overall city expense with grant assistance from state and federal sources, except individual abutting property owners would bear the cost to inspect, repair and replace the service lines by special assess- ment. These service costs amounted to $256,056 and were necessarily incurred with respect to each service unless the line was abandoned and sanitary sewer service terminated. Thus, two options were avail- able regarding each service line involved: either discontinue service by plugging the line against further usage or excavate, in- spect, and replace as necessary. In August '1983, approximately two doz- en business and building owners attended a meeting where respondent made a presen- tation regarding the condition of the ser- vice lines and offered alternatives of dis- continuance or rep]acement. Since the ex- act length of each service tine could not be determined prior to the commencement of the improvements, the property owners in- dicated they would prefer all assessments be equal for each service connection. Respondent assessed the per service charge to abutting properties by dividing the number of service lines involved into the total cost of replacement. Appellants Lunderberg and Wolfe were assessed a full Robinson service line charge of $9144.85. Appellants Nemesi and Maynard were each assessed a shared service line charge of $4572.52. On January 23, 1984, the city council held a required assessment hearing pursuant to Minn.Stat. ch. 429 and the assessment roll was adopted. Of the 28 property owners affected, one prope~'y owner elected to dis- continue sanitary sewer service. In Febru- aW 1984, respondent began construction of the remaining 27 service connections. pellants Lunderberg, Nemesi, Maynard and Wolfe appealed their assessment to district court. Wolfe did not join in the appeal to this court. On April 16 and 17, 1985, a hearing was held. Both parties called experts who testi- fied regarding property valuations before and after service line replacement. Appellants' appraiser, James Robinson, testified he based his calculations on a be- fore and after market study of the proper- ties. Robinson indicated the full cost of underground improvements is frequently not recovered by a landowner on resale and noted a static downtown St. Peter econo- my. Respondent's appraiser, Owen Viker, tes- tified he arrived at the before replacement market valuation by subtracting the cost to cure the defective service lines from an after replacement market valuation. Vik- er's cost-to-cure calculation represents the market value added by the necessary sewer replacement. On cross-examination, Robin- son agreed with Viker's approach if in fact the improvements were necessary. The ex- pe~s' valuations compare as follows: Viker Lunderberg Nemesi .. Maynard Wolfe Market Market Market Market Value Value Value Value Before A_C2~r Value Before After Replace- Replace- of Replace- Replace- ment ment Benefit raent ment 15,000 18,000 3000 1,400 23,000 : _37,500 88,500 1000 ' 33,500 40,600 36,500 37,500 1000 30,300 37,000 31,000 32,000 1000 31,100 35,000 Value of Benefit 21,600 6,500 6,700 3,900 582 Minn. 398 NORTH WESTERN REPORTER, 2d SERIES Appellants testified they did not feel the market value of their property increased beyond the benefit value calculated by Rob- inson. The buildings involved are older frame constructed buildings, approximately 100 to 1t0 years old. The trial court agreed with respondent's assessment rationale based on the cost to cure service line defects. The court con- cluded: The cost of keepings sewer service line functional in compliance with legal requirement~ against pollution of surface and subsurface waters affects the fair market value of the property requiring sewer service. If, because defects in the sewer service violate pollution rules, the ~repairs are necessary for legal use, the fair market value of the property served is diminished, at least, by the reasonable cost of necessary repairs. Appellants' failure to request cutoff of the lateral sewer service lines serving their respective properties implicitly de. termined that sewer service to each of those properties is a significant compo- nent of the value of the properties served. The court also noted "each property own- er ends up with a sewer line reconstructed with more durable materials * * * signifi- cant aspects of value contributed to each of Appellants' property by what was done." The court further found: [C]ost to replace the serv/ce lines after the project Was complete would approxi- mate twice the cost to do so while the overall work progressed, and that the cost could be handled at a lower interest rate as a public improvement than ff privately and individually financed * * * The court disagreed, however, with re. spondent's "per service" assessment charge. The court found during the plan- ning it was assumed that each service line approximated 65 feet in length. When the work was actually done, it was found the length of appellants' lines varied. Lunder- bergs' line is 104 feet; Nemesis' line 65 feet; May-nards' line 67 feet; and Wolfe's line only 20 feet. The court concluded: Cost per service to do the work varied according to conditions and is better ap- proximated by pro rating total cost among service lines repaired according to length of each line. Because City's aa- sessment did not identify and correlate to cost variations by length among the sev- erat lines of the Appellants, it' arbitrarily, capriciously and unfairly impacted upon them and is therefore invalid. The court ordered reassessment based upon "individual footage cost computed by dividing total service 1/ne footage excavat- ed and repaired, as determined during the work, into the contract price and associated cost for the service line portion of the project." Respondent's engineer calculated the amounts using a' $146.59 per foot charge which compares with the original assessment as follows: ~ Recalculation Lunderberg $9144.85 $15,832.00 Nemesi 4572.52 4,764.90 Maynard 4572.52 4,910.50 Wolfe 9144.85 2,859.00 Respondent, however, did not hold a reassessment hearfng pursuant to Minn. Stat. § 429.071, subd. 2. The parties sought to avoid a second trial and potential appeal and appealed to this court from the February 21, 1986 judgment for remand. Thus, the subsequent recalculations are not part of the record on appeal. In appellanCs brief and at oral argument, appellants conceded the necessity for re- placement of their service lines. In addi- tion, the parties stipulated there is no pro- cedural defect affecting the posture of the parties, either in the assessment process followed by respondent or the appeal taken by appellants. ISSUE Was the trial court's order of remand to reassess on a per foot calculation proper? ANALYSIS 1. The standard for this court in review- lng a district court's determination of a special as. sessment is stated in Carlson- LUNDERBERG v. CITY OF ST. PETEI~ Cite a~ S98 N.W~2~ $79 (M/nn~App. 1986) Lung Realty Co. v. City of Windom, 307 Minn. 368, 373, 240 N.W.2d 517, 521 (1976): The scope of our review is a careful examination of the record to asce~cain whether the evidence as a whole fairly supports the findings of the district court and whether these in turn support its conclusions of law and judgment. Id. The district court's scope for reviewing a city's asessment is defined in Buettner v. City of St. Cloud, 277 N.W.2d 199 (Minn. 1979). In Buettner, the Minnesota Su- preme Court held a special assessment which exceeds the benefit to the property is a taking under the Fourteenth Amendment: Ii-in a case such as this, where the sole issue presented is whether there has been an unconstitutional taking, the trial court cannot abrogate its duty to uphold constitutional safeguards and defer to the judgment of the taxing authority. Decision must be based upon indepen- dent consideration of all the evidence. * * * There is no need for a court in such a position to depend upon prior ad- ministrative determinations to carry out its constitutional responsibility. Id. at 203; Anderson v. City of Bemidji, 295 N.W.2d 555, 561 n. 5 (Minn. 1980); see Lydon v. City of North St. Paul, 355 N.W.2d 205, 206 (Minn. Ct. App.1984). [1, 2] Limitations on a city's power of special assessment are: (a) The land must receive a special benefit from the improvement being con- strutted, (b) The assessment must be uniform upon the 'same class of property, and (c) The assessment may not exceed the special benefit. Carlson-Lang Realty Co., 307 Minn. at 369, 240 N.W.2d at 519. Similarly, Minn. S~at. § 429.051 (1984) provides the cost of any improvement "may be assessed upon property benefited by the improvement, based upon the benefits received." Id. To determine the value of a special bene- fit, the taxing authority must consider "what increase, ff any, there has been in Minn. 583 the fair market value of the benefitted land." Nyquist v. Town of Center, 312 Minn. 266, 269, 251 N.W.2d 695, 697 (1977) (quoting City of St.. Louis Park v. Engell, 283 Minn. 309, 316, 168 N.W.2d 3, 8 (1969)), over~led on other grounds, Downtown Develop- ment Project v. City of Marshall, 281 N.W.2d 161, 163 n. 3 (Minn.1979).. Th~s difference in market value should be com- puted by determining: what a willing buyer would pay a willing seller for the property before, and then after, the improvement has been con- structed. * * * If the assessment is set higher than the special benefit conferred, it is a taking without compensation to the extent of the excess. Carlson-Lang Realty Co., 307 M_inn. at 369-70, 240 N.W.2d at 519; see Tri-State Land Company v. City of Shoreview, 290 N.W.2d 775, 777 (Minn.1980); Nyquist, 312 Minn. at 269, 251 N.W.2d at 697. Appellants specifically argue the evi- dence shows the market value increase doe~ not coincide with the cost to cure the defective lines. Appellants now admit, however, replacement is not discretionary but necessary. [3,4] We agree with the trial court's finding replacement cost necessary for con- tinned legal use impacts the market value accordingly. Further, "the market value may be calculated on the highest and best use of the land." Anderson, 295 N.W.2d at 560; Village of Edina v. Joseph, 264 Minn. 84, 99, 119 N.W.2d 809, 819 (1962) (value enhanced for any purpose). The present use of the property is not control- ling. Id. [5] The trial court properly found spe- cial benefits but improperly ordered reas- sessment based on a per foot calculation. The record supports the city's original per service unit charge based on the specific facts involved here. At the August 1983 meeting, property owners agreed to the per service unit charge. Appellants opted to continue sanitary sewer use and all re- ceived like service. The trial court erred in 584 Minn. 398 NORTH WESTERN REPORTER, 2d SERIES finding respondent's original assessment arbitrarily, capriciously, and unfairly im- pacted upon appellants. Accordingly, we reverse and reinstate the city's original as- sessment. · DECISION , Because appellants elected to Continue sanitary sewer service and replacement of defective service lines was necessary for continued use, the trial couffc properly found special benefits equal the cost of replacement. The evidence does not sup- por~ the court's order for reassessment based on a per foot calculation. We rein- state the city's original assessment based on a per service unit charge for these nec- essary service tine connections. Reversed. STATE of Minnesota, Respondent, V, David EDMISON, Appellant. No. C3-86-1351. Court of Appeals of Minnesota. Dec. 23, 1986. Defendant pled guilty in the District Court, Ramsey County, Hyam Segell, J., to assault in second degree, and he appealed. The Couffc of Appeals, Sedgwick, J., held that: (1) Wisconsin conviction was properly considered prior conviction for purposes of determining defendant's criminal history score for use with Minnesota sentencing guidelines, even though conviction was based on plea of no contest and Minnesota does not recognize such a plea; (2) 1980 Wisconsin conviction for baCcery to peace officer was properly classified as felony, for purposes of determining criminal histo- ry score; and .(3) imposition of sentence which was double durational departure on defendant whose assautt plea resulted from his physical abuse of 14-month-old infant for Whom he was baby-si~dng was sup- ported by record .... ~.: Affirmed. " · - 1. Criminal Law ~986.2(4) Wisconsin conviction based on plea-of no contest was properly considered convic- tion, in determining defendant's criminal history score under Minnesota sentencing guidelines, even though Minnesota does'not recognize plea of no contest; guidelines provide that out-of-state convictions include convictions under laws of any other state, defendant was convicted under Wisconsin law, and defendant did not allege convic- tion was invalid. M.S.A. § 609.02, subd. Sentencing Guidelines, Comment II.B.501, M.S.A. ch. 244 App. 2. Criminal Law ~=986.2(4) Classification of out-of-state convic- tions as felonies, gross misdemeanors, or misdemeanors for purpos.es of computing defendant's criminal history score for use with Minnesota sentencing guidelines is governed by offense definitions and sen: tences provided in Minnesota law. Sen- tencing Guidelines, Guideline II, subd. B, par. 5, M.S.A. ch. 244 App. 3. Criminal Law ~=986.2(4) Wisconsin conviction of battery to peace officer for which defendant was sen- tenced to fine of $1,250 was properly classi- fied as felony, for purposes of computini criminal history score of defendant for use with Minnesota sentencing guidelines; con- vic~ion was from 1980 and sentencing guidelines provide that if conviction is prior to August 1983, and fines were only sang- tion given, offense is to be classified felony if fine of more than $1,000 is.ira; posed, and closest current Minnesota of- fense is statute proscribing assault on peace officer execut:ing duty imposed by' law, which offense is felony~ even though closest analogous Minnesota crime in 1980 was allegedly assault in fourth degree, t C S f S Ii C f ¢ CITY COUNCIL LETTER Meeting of : April 25, 1994 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER' S APPROVAL BOARD OF REVIE~ BY: PAT HENTGES BY~ ITEM: CONTINUED NO: ~ ~' DATE: APRIL 22, 1994 Ed Thurston--County Assessor, and Carrol McCain--Residential Appraiser from Anoka County will be present to update the Council on any changes that have been made to 1994 property valuations as a result of reviews being requested at the Board of Review on April 18, 1994. RECOMMENDED MOTION: Move and second to adopt the 1994 Assessment Rolls as presented and amended. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS FIRE APPROVAL NO: 6 ITEM: HEARING FOR REVOCATION, SUSPENSION, BY: Lowell DeMars AND/OR OTHER APPROPRIATE DISPOSITION DATE: 4-22-94 . OF A RENTAL LICENSE FOR 4655 5TH ST. NO: 6 C Revocation of the license to operate a rental unit(s) within the City of Columbia Heights is requested against Mr. Jake Cadwallader, d/b/a C-H Properties, regarding rental property at 4655-5th Street NE. This license is identified by number 13321, issued January 12, 1993 and ending December 31, 1993. Attached is Exhibits A-Q. The Planning Commission denial of Mr. Cadwallader's appeal on the compliance orders took place on January 4, 1994. RECOMMENDED MOTION: Move to waive the first reading of Resolution No. 94- ample copies available to the public. · there being RECOMMENDED MOTION: Move to adopt Resolution No. 94- , Resolution of the City Council of the City of Columbia Heights Revoking the Rental License at 4655 5th Street NE. COUNCIL ACTION: EXHIBIT A CTrY OF coLUMbiA ~GHTS FIRE DEPARTMENT 555 MILL STREW]~ NE (X)IN3MBIA FliGHTS, MN. 55421 TEL]~ ?82-2835 MR. JAKE CADWALLADER 3800 APACHE LANE ST. ANTHONY, MN. 55421 APRIL 8, 1994 IN RE: Disposition of License of Mr. Jake Cadwallader to Operate Rental Property in the City of Columbia HeiF=hts in violation of Ordinance $$1176, the Housing Maintenance Code. Dear Mr. Cadwallader, Our records indicate that you were cited for the following State and/or City Code violations within the City of Columbia Heights on the following dates: ***PLRASE SEE VIOLATION SHEET ATTACHMENT As of January 31, 1994, you have failed to adequately remedy the violations making it necessary to take further action to remedy the condition. Be on notice therefore, that on the llth day of April, 1994, at 7:00 p.m., or as soon thereafter as the matter can be heard, the undersigned authorized agent shall petition the Columbia Heights City Council for a revocation, suspension and/or other appropriate disposition of your license to operate rental units located at 4655 5th Street within the City of Columbia Heights. Very Truly yours, City of Columbia Heights by: Lowell G. DeMars Assistant Fire Chief Enforcement Officer Tele: 782-2835 EXHIBIT B RESOLUTION 94- RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY JAKE CADWALL~DER D/B/A C-H PROPERTIES WHERERS; JAKE C~DWALL~DER D/B/A C-H PROPERTIES (HERF~FTER JmCADWALLADERtt) IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4655 N.E. STH STREET, COLUMBIA HEIGHTS; MINNESOTA; 2~qD WHERE~S; PURSUAHT TO COLUMBI& HEIGHTS CODE SECTION 5.104 (L) (a) ; WRITTEN NOTICE SETTING FORTH THE CAUSES ~ RF~$ONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO CADWALLADER ON MARCH 11; 1994; OF A PUBLIC HE]~RING TO BE HELD ON APRIL 11; 1994. WRERERS; PURSUANT TO INSPECTION REPORT OF EVELYN NYG]~RD IN CONJUNCTION WITH THE ASSISTANT FIRE CHIEF OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT; LOWELL DEI~ARSv DATED JULY 20; 1993; ATTACHED HERETO AS E_~Xf~IBIT A; AND AS AMENDED BY REPORT DATED NARCH 30; 1994 ]~qD THE FINDINGS AS SET FORTH THEREIN; AND ATTACHED HERETO AS EXHIBIT B; AND LETTER TO ~AKE CADWALLADER; DATED APRIL 22; 1994; AND ATTACHED HERETO AS EXHIBIT C; CADWALL~DER IS IN VIOLATION OF THE CODE SECTIONS ANDSTATE STATUTES AS LISTED IN THE SAID E__Y~IBITS A AND C. NOW; THEREFORE; IT IS RESOLVED by tho Cit~ Council of the C~ty of Columbia Heights; M~nnesota; that~ 1. That Cadwallader's Rental License a~ issued on ~anuary 12, 1993, and ending December 31, 1993, pursuant to City of Columbia Heights ordinances Section 5.606 et seq., for that certain three unit multiple dwelling located at 4655 N.B. 5th Street, Columbia Heights, Minnesota, which license is identified bynumber 13321, is hereby conditionally revoked effective May 15, 1994, conditioned upon Cadwallader's failure to complete the corrective measures as set forth in that certain letter dated April 22, 1994 (and earlier notices as contained in Exhibits A and B to the said letter) to the satisfaction of the City of Columbia Heights building inspector by the effective date set forth above; 2. That the City of Columbia' Heights, through its City Manager, is hereby authorized to serve notice of said revocation upon Cadwallader as soon as practicable; 3. That city shall give actual notice, as is practical under the circumstances, by mailing said notice to all known occupants and by posting said notice in a conspicuous location on the building, of the revocation contained herein and described in Section 1, above. 4. That the Council shall give notice to all occupants of the said building of a public hearing to be held within 60 days of the signing of this Resolution, or as soon thereafter as the council shall convene, to decide whether the said building should be condemned pursuant to Minnesota Statutes Section 463.16. P~SED THIS D~Y OF ~PRIL, L994. MOTION BY: SECOND BY~ ROLL CALL VOTE: ~YES= NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ~TTEST: J0-~%NNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT, MAYOR EXHIBIT C DATP.~ March 30, 1994 TO: FUe FROM: Evelyn Nygurd RE: Cadwallader Property, 4655 N.E. 5th Street Review of Ongoing Code Violations On Property. The licensee was/nstructecl to: 1. Rep]ace an exterior light fixture with a fixture approved for exterior use. 2. Install new smoke detectors where needed. 3. Have substandard/hazardous plumbing brought up to code (see report of State Plumbing Inspector). Owner was requested to employ his plumber to bring up to code (see January 4, 1994 let/er from Doug Linden). 4. Expand bathroom in front lower unit to acceptable dimension. All plumbing in this bathroom is unvented and improperly installed. Minimum shower width is 30 inches. Section 4715.2840 of the State Plumbing Code requires all installed fixtures found defective or in an unsanitary condition to be repaired, replaced or removed. 5. Windows thoughout the structure are inadequate, deteriorated. They no longer open and close properly. Repair to operate correctly or replace. 6. Water damage to sheetrock is evident in several areas. Correct by replacing damaged sheetrock and sealing surfaces with paint to match surrounding area. 7. Foundation is deteriorated and inadequate. Install front footings to code. Seek out and correct water seepage problem. Have State certified structural engineer examine the building to determine the extent of wood deterioration and determine repair[corrections of substandard or deteriorated structural element~ 8. l~tall solid core doors at all entrances to units with proper hardware including a deadbolt lock with thumb-turn on inside. 9. Install stairway constructed to code for access to upper unit. stringers must be designed to carry 100 pounds per square foot load. Tre~ds shall be designed to support a 300 pound concentrated load placed in a position which would cause mximum stress~ If wood is used to construct stairways, the material shall be treated wood or heartwood of redwood or cedar. A weather seal shall be applied to · raw wood surface (paint/varnish). A roughened tread cover shall be installed or install · cover over the stairs so step is not slippery when wet. A guardrail with all openings less than six (6) inches is required up the stairway ·nd around the stoop. A continuous handrail mounted 34 inches to 38 inches above the nosing of the treads is required. The handgrip portion of the handrail shall be not less than 1 1/2 inch or more than two inches. in cross sectional dimension. 10. Install closers on all storm doors and latches that will hold door closed. 12. Repair/replace all substandard electrical outlets, fixtures, connections. Install minimum of 60 amp service for each unit and separate service for basement, laundry and common areas. Have licensed electrician bring entire building up to code. 13. Provide lighting for parking areas and walkways to units with minimum light of one foot candle. 14. Repair/replace walkways where concrete is cracked, broken and hazardou~ Any raised areas that provide a tripping hazard must be corrected. 15. Remove corrugated steel used as retaining wall in front yard of property. The edges are sharp and hazardous. 16. Repair areas of yard where sod is deteriorated, trim trees and generally provide maintenance of the ground areas. 17. Identify all areas of toxic paint (lead) and take necessary measures to abate same. This is to be done by State certified abatement specialist. 18. Provide thermostatic control of heat'to all units. 19. Brick work of chimney deteriorated. Chimney appears to lean. Have repaired or replaced to safe standard. 20. Ceiling of basement area is to be sheetrocked with two layers of Type X sheetrock to provide one hour fire resistance occupancy separations UBC 1202(b). Notice to make corrections to the aforementioned code violations was given to owner June of 1993. Owner has refused to cooperate and is obviously not going to have the structure made sound and safe. / EXHIBIT D ~ITY COUNCIL LETTER Meeting of= March 14r 1994 AGENDA SECTION: 6C ORIGINATING DEPARTMENT: CITY MANAGER NO: Fire AP~ ITEM: LICENSE REVOCATION, RENTAL PROPERTY BY.' Lowell DeMars BY:~~ NO: DATE: March 11, 1994 DATE?-~ Revocation, suspension and/or other appropriate disposition of a license to operate a rental unit(s) within the City of Columbia Heights is requested against Mr. Jake Cadwallader, dba/C-H Properties, regarding rental property at 4655 N.E. 5th Street. The Planning Commission denial of Mr. Cadwallader's appeal on the com~liance orders took place on January 4, 1994. (Copy attached) Attached is a letter from Gary V. Topp, Plumbing Standards Representative, Minnesota Department of Health, dated March 1, 1994, outlining the plumbing violations on the property. RECOMMENDED MOTION: Move to establish a hearing date for April 11, 1994 for revocation, suspension and/or other appropriate disposition of a license to operate a rental unit(s) within the City of Columbia Heights against Mr. Jake Cadwallader, dba/C-H Properties, regarding rental property at 4655 N.E. 5th Street. 94-33 Attachments COUNCIL ACTION: January 4, 1993 C.H. Properties 3800 Apache Ln Minneapolis, Minnesota DOUO LINDEN, INC MASTER PLUMBER 55421 EXHIBIT E Re: 4655 5th St. N.E. Columbia Heights After inspecting the dwelling at 4655 5th St. I have found the following conditions: There appears to be no problem in the functions of plumbing fixtures in the property. 2. The system is old but adequate in operation. 3. There is no danger to public health. 4. The system does not operate in an unsanitary manor. 5. Work necessary to accomplish this is: a) drain in the lower rear unit shower should be changed to not extend above the level of the shower base, and a screen be added. Doug L nden - licence * Minnesota 3189PM Minneapolis M0562 St. Paul 13632 LINDEN %AASTER PLUMBER DOUG LINDEN, INC. 5747 SE $Tth STREET DELANO, MN 55328 PH. 1-972-3308 MN. 3189 P~ MPL$. L. O46534 $'r. PAUL 13632 1-972-3308 5747 rE 57T~ STREET, DELANO MINNESOTA 55328 prescribed by the state commissioner of health. No city or such town ·hall prohibit plumbers licensed by the ·tare commissioner 'of health from engaging in or working at the business, except cities and statutory cities which, prior t~April 21, 1933, by ordinance required the licensing of pluIbers. Any city by ordinance iay p£escribe regulations, reasonable standards, and inspections and grant permits to anyper·on, firm, or corporation engaged in the business of installing water softeners, who is not.licensed as a I aster pluiber or JourneyIan plumber by the ·tare comIissioner of health, to connect water softening and water filtering equipient to private residence water distribution systems, where provi·ionhl· been previously Iade therefor and openings left for that purpose or by use of cold water connections to a doie·tic water heater; where it i· not necessary to rearrange, Iake any extension or alteration or addition to any pipe, fixture or pluibing connected with the water system except to connect the water ·oftener, and provided the connections ·o made comply with minimul standard· prescribed by the ·tare commissioner of health. III·T: (5887-20) 1933 c 349 s 2; 1937 c 370 I 2; 1941 c 367 · l; 1953 c 156 s l; 1957 c 921 · l; 1973 c 123 art 5 · 7; 1977 c 305 · 45 326.39VIOLATIOHSTOBRREP~RTRDTOSTATE(IIII~SSIOHER OF HEALTH. Such local authority as may be designated by any such ordinance for the issuance of such pluIbing permits and approval of such plans shall report to the state commissioner of health persistent or willful violation of the ·lie and any incompetence of a licensed plumber observed by the local authority. B/ST: (5887-21) 1933 c 349 s 3~ 1977 c 305 · 45 326°40 LIC~iSINC, BOHDAHDXNSURARCE. Subdivision 1. PlmIbers Iust be licensed in certain cities; master and JournelmanpluIbers~ pluIbing on one'· own premises; rules for exaIlnation. In any city now or hereafter having 5,000 or more population, according to the last federal census, and having a system of waterworks or sewerage, no person, firm, or corporation shall engage in or work at the business of a master plumber or ~ou~neyean pluIber unless licensed to do so by the ·tare con~issioner of health., A master ~icensed may do plumbing vork which couplies.ith the p~ov~s~ons ~izumItanda~a p~.~,l~a by the I~ate con!s~lone~ ~=alcn on premises o,.c~c..~E~~i~s~ed.~nd ictu,lly ~occuviedbv tb~~_as a..~d~.unless otherwise fo~bidden to do so by a local o~inan~e.. engage in the business of installing plumbing nor install pluming in co~ection with the dealing in and selling of ~ ,~,~""~ Minnesota Department of Health Di¥ision of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459~040 (612) 627.5100 March 1, 1994 EXHIBIT F Ms. Evelyn Nygaard, Building Official City of Columbia Heights SgO 40th Avenue N.E. Columbia Heights, Minnesota 55421 Dear Ms. Nxgaat~l: Subject: Plumbing for Jake Cadwallader Residence, 4655 Fifth Street, Columbia Heiqhts. Anoka County. Minnesota The Minnesota Plumbing Code was founded upon certain basic principles of environmental sanitation and safety through proper design and acceptable methods. Some of the details of plumbing construction may vary, but the basic sanitary and safety principles are to protect the health of the people. A representative of the Minnesota Department of Health, Plumbing Unit, made an inspection on the above-named project on January 31, 1994. The following items are in violation of the Minnesota Plumbing Code. BASEMENT 1. No water distribution line under ~-inch may be concealed (see Minn. 2. Rules, p. 4715.1730, subp. 1). Verify that under conditions of peak'demand a minimum flow pressure at the point of discharge shall not be less than the required minimum flow pressure and flow rates on the potable water distribution lines (see Minn. Rules, p. 4715.1770, subp. 1 and subp. 2). 3. Individual shut-offs are required on all fixtures to permit the water supply to be shut off to the fixture without interference with the water supply to any other room or portion of the building (see Minn. Rules, p. 4715.1800, subp. 6). 4. The shower drain is not vented according to code (see Minn. Rules, p. 4715.1300, subp. 4 and p. 4715.0920). 5. Hangers are required at 32-inch intervals when using PVC plastic in the horizontal position for drainage (see Minn. Rules, p. 4715.1430, subp. 4F). 6. The water closet for the front unit is not vented according to code (see Minn. Rules, p. 4715.0920). 7. The copper fittings used to receive drainage from the shower and the kitchen sink are not approved for this usage (see Minn. Rules, p. 4715.0580 D). 8. The short pattern tee used to receive the kitchen sink waste is not approved for this usage (see Minn. Rules, p. 4715.2410, and p. 4715.0580 D). 9. A full size cleanout is required at or nor the base of the 2-inch stack by the shower (see Minn. Rules, p. 4715.1000). 10. The shower in the front unit ts not vented according to code (see Minn. Rules, p. 4715.2540, subp. 2). An Equal Opportunity Empioyer )is. Evelyn #ygaard ,lake Cadwal lader Residence -2- March 1, 1994 ]1. The relief valve discharge must be piped full size and run to within 18 inches of the floor or a safe place of disposal (see Minn. Rules, p. 4715.~10, subp. 4). 1. The ballcock installed in the water closet tank is not code approved (see Minn. Rules, p. 4715.2150, subp. 2). FRONT UNIT 1. The ballcock installed in the water closet tank is not installed according to code (see'Minn. Rules, p. 4715.2150, subp. 2). 1. The trap on the lavatory shall not be made up with fittings (see Minn. Rules, p. 4715.0960). 2. The overflow for the bathtub is not code approved. Standing water in the fixture must not rise in the overflow when the stopper is closed, nor shall any water remain in the overflow when the fixture is empty (see Minn. Rules, p. 4715.1220, subp. 3). 3. An access panel is required to make the slip joint connections accessible for inspection and repair on the bathtub waste and overflow (see Minn. Rules, p. 4715.1220 and p. 4715JOg40). Gary V. Topp P1 umbing Standards Representative Engineering Unit GVT:crp EXHIBIT D COLUMBIA HEIGHTS WORK ORDERS 7/20/93 SOUTH SIDE EXTERIOR LIGHT MISSING LIGHT GLOB, FIXTURE REQUIRED TO BE EXTERIOR TYPE AND WEATHER SAFE COMMENT: HAS BEEN WORKING AND APPROVED THE TENANTS REPLACE BULB AND DIDN'T PUT BACK, OR BROKE THE GLOBE. THIS IS A FUNCTIONING FIXTURE, AND DOES NOT NEED TO BE REPLACED. ACTION: I WILL REPLACE GLOBE. 2. VIOLATION: NORTH UNIT CLOSET DOOR MISSING COMMENT: CODE 5A.205(1) DOES NOT REQUIRE CLOSET DOORS. I PRESUME THIS IS THE LOWER FRONT, THERE IS NO NORTH UNIT ACTION: NO CORRECTION 3. VIOLATION: ~SMOKE DETECTOR INOPERABLE COMMENT: · WHICH UNIT? ALL WERE WORKING AND WERE TESTED WHEN THE FIRE DEPT WAS CALLED TO #2 THE BATTERY IN #2 WAS THERE AND WORKABLE, BUT NOT CONNECTED. ACTION: I HAVE CHECKED ALL UNITS AND THE LOWER FRONT NEEDED TO BE REPLACED, IT HAS BEEN REPLACED 4. VIOLATION: NORTH UNIT, BATH IS SUB STANDARD, PLUMBING XS SUB STANDARD, ROOM MEASURES ONLY 27 INCHES WIDE COMMENT: WHAT PLUMBING IS SUBSTANDARD? I NEED TO KNOW SPECIFICALLY. NOTHING IN THE CODE CALL FOR A ROOM OF SET SIZE. CODE 5A 205(1)C DEALS WITH FLOORS, INTERIOR WALLS AND CEILINGS. PLEASE CLARIFY, I PRESUME THIS IS THE LOWER FRONT UNIT ~CTION: NO ACTION 5. VIOLATION: NORTH UNIT SHOWER CALKING IS DETERIORATED COMMENT: NOT A PROBLEM, ! PRESUME TNIS IS THE LOWER FRONT UNIT ACTION: I WILL RECALK SHOWER 6. VIOLATION: NORTH UNIT FRONT STORM DOOR DOES NOT CLOSE AND LATCH COMMENT: NOT A PROBLEM, I PRESUME THIS IS THE LOWER FRONT UNIT ACTION: INSTALL CLOSER AND LATCH ON DOOR 7. VIOLATION: ' LOWER UNIT, REAR BEDROOM CEILING SHOWS WATER DAMAGE COMMENT: DAMAGE WAS FROM LEAK ON DECKING TO UPPER STAIR, WAS REPAIRED AND THE INTERIOR WAS REPAIRED STAIN BLED THROUGH. ACTION: CHECK AND MAKE SURE THERE IS NO LEAK /aND REPAINT 8. VIOLATION: LOWER UNIT WINDOW TRIM SHOWS DETERIORATION COMMENT: ~(1 CODE 5A.20 )~ IS DEALING WITH WINDOW OPERATION. ACTION: WHAT IS NOT OPERABLE? 9. VIOLATION: LOWER UNIT HALLWAY LIGHT MISSING PROTECTIVE GLOBE COMMENT: TENANT HAS REMOVED TO CHANGE LIGHT CODE CALLS FOR THE TO BE FUNCTIONING, THIS FIXTURE IS FUNCTIONING- ACTION: I WILL FIND INSTALL AND OR REPLACE GLOBE FIXTURE 10. VIOLATION: LOWER UNIT ENTIRE UNIT IN NEED OF REDECORATING COMMENT= IF THIS IS COMPLETED THE CURRENT TENANT WILL BE ASKED TO MOVE SO THAT THE WORK CAN BE COMPLETED ACTION: I WILL PAINT IF NECESSARY 11. VIOLATION: LOWER UNIT FRONT BEDROOM CEILING SHOWING WATER DAMAGE COMMENT: WAS FROM ICE DAMMING TWO YEARS AGO REPAIRS MADE AND PAINTED AND THE STAIN BLED THROUGH ACTION: I WILL PAIN AS PART OF #10 12. VIOLATION: ALL WINDOWS IN STRUCTURE SMALL BE OPERABLE FROM TOP AND BOTTOM AND SHALL STAY OPEN IN OPENED POSITION WITHOUT USING MAKESHIFT AIDS. ALL WINDOWS IN THE STRUCTURE SHOWING HEAVY DETERIOATION. COMMENT: CODE 5A. 205(1)B "WINDOWS, DOORS AND SCREENS. EVERY WINDOW, EXTERIOR DOOR AND HATCHWAY SMALL BE TIGHT AND S~ALL BE KEPT IN REPAIR. EVERY WINDOW OTHER THANA FIXED WINDOW SHALL BE CAPABLE OF BEING EASILY OPENED AND SHALL BE EQUIPPED WITH SCREEN BETWEEN MAY ! AND SEPTEMBER ~0 INCLUSIVE, OF EACH YEAR. EVER WINDOW, DOOR AND FRAME SHALL BE CONSTRUCTED AND MAINTAINED IN SUCH RELATION TO THE ADJACENT WALL CONSTRUCTION AS TO COMPLETELY EXCLUDE RAIN, VERMIN, RODENTS, AND INSECTS FROM ENTERING THE BUILDING-"- ACTION: REPAIR WINDOW SO THAT THE MAKESHIFT AIDS. LOWER UNIT STAYS OPEN WITHOUT 13. VIOLATION: BASEMENT FLOOR JOISTS ARE UNPROTECTED BY SHEETROCK CONSTRUCTION. HEAVY ACCUMULATION OF TRASH, DEBRIS, STORAGE IN BASEMENT. RESIDENTIAL SPRINKLER SYSTEM SUPPLIED OFF OF DOMESTIC WATER SYSTEM WAS IN OFF POSITION. BASEMENT APPEARS TO HAVE NO FROST FOOTINGS EXCEPT UNDER A SMALL PORTION OF THE SOUTH WALL. PORTIONS OF THE STRUCTURE ARE CONSTRUCTED OVER AN UNPROTECTED CRAWL SPACE. WOOD MEMBERS ARE TOO CLOSE TO THE SOIL CAUSING DETERIORATION OF THE MEMBERS FLOORS IN THESE AREAS SAG AND THE STRUCTURAL MEMBERS ARE PROBABLY DETERIORATED COMMENT: CODE 5A 201(1) THIS CODE HAS NOTHING TO DO WITH THIS VIOLATION, I DO NOT UNDERSTAND THE VIOLATION. ACTION: I WILL NOT INSTALL FROST FOOTING,bi WILL NOT SHEETROCK, BASED ON VIOLATION OF THIS CODE 14. VIOLATION: NORTHWEST REAR ENTRY DOOR DETERIORATED COMMENT: THERE IS NO NORTH WEST DOOR, CODE 5A 205(1)B DOES NOT REQUIRE A SOLID CORE DOOR, THERE IS NO DOOR OR ENTRY ON THE NORTHWEST ACTION: I WILL REPAIR IF I KNOW WHICH ONE ~5. VIOLATION: NORTHWEST REAR STORM DOOR MISSING OR DETERIORATED COMMENT: NO NORTHWEST DOOR, CODE 5A 205(1)B DOES NOT MENTION OR DEAL WITH STORM DOORS ACTION: ! WILL REPAIR IF I KNOW WHAT AND WNICH ONE 16. VIOLATION: REAR UPPER STAIRWAY DETERIORATED COMMENT: IT DOES NEED WORK BUT HAS BEEN PASSED FOR THE LAST 4 YEARS! ACTION: I WILL MAKE REPAIRS OR REPLACE 17. VIOLATION: UPPER STORM DOOR DOES 'NoT CLOSE AND LATCH COMMENT= CODE 5A 205(1)B DOES NOT DEAL WITH STORM DOORS. ACTION: ! WILL MAKE REPAIRS ,~,~__~>~18. VIOLATION: UPPER UNIT SOUTH BEDROOM HAS NUMEROUS HOLES IN WALLS COMMENT: THE HOLES IN THE WALL AND CEILING ARE MADE FROM TACKING UP __.%~PICTURESJ~ AND POSTERS THEY ARE NOT LARGE. ACTION: I WILL REPAIR, NOT RESHEETROCK, I WILL REPAIR AND PAINT. 19. VIOLATION: UPPER UNIT BEDROOM CLOSET DOOR MISSING COMMENT: CODE 5A 205(1) DOES NOT DEAL WITH CLOSET DOORS, THEY ARE NOT REQUIRED. ACTION: I WILL NOT REPLACE 20.VIOLATION: UPPER UNIT FRONT BEDROOM CEILING LIGHT HANGING BY WIRES COMMENT: I DON'T KNOW WHY ACTION: REPAIRED 21. VIOLATION: UPPER UNIT BATHROOM FLOOR TILES ARE CURLING MAKING MAINTENANCE DIFFICULT COMMENT .' I WILL HAVE TO LOOK AT AGAIN ACTION: MAY NEED TO REPLACE. 22. VIOLATION: UPPER UNIT BATHROOM PANELING AROUND TUB PEELING AT CORNERS COMMENTs I WILL HAVE TO LOOK AT AGAIN. ACTION: MAY NEED TO BE REPLACED. 23. VIOLATION: UPPER UNIT TUB FAUCET IS LEAKING ACTION: REPAIRED. UPPER UNIT HOLE IN HALLWAY COMMENT: BOY FRIEND THAT HAS MOVED OUT MADE HOLE. ACTION: I WILL REPAIR. 25. VIOLATION: ENTIRE STRUCTURE THE PLUMBING THROUGHOUT THE STRUCTURE IS SUBSTANDARD. THE BATHROOM FOR THE FRONT APARTMENT IS ONLY 28 INCHES WIDE AND IN ORDER TO USE THE LAVATORY YOU MUST HAVE THE DOOR OPEN AND STAND IN THE DOORWAY. THE SHOWER IN THE REAR LOWER APARTMENT HAS AN IMPROPER DRAIN AND A PIPE THAT STICKS UP OUT oF THE SHOWER PAN SO THAT WATER CONTINUALLY RUNS ONTO THE FLOOR THE FLOOR IN THIS AREA HAS BEEN NOTED ON VARIOUS INSPECTION REPORTS AS BEING ROTTED AND SOGGY. THERE DOES NOT APPEAR TO BE PROPER DRAIN, WASTE AND VENT PIPING THROUGHOUT.. COMMENT:' CODE 5A.210(1) THE PROPERTY APPEARS TO BE IN COMPLIANCE WITH THIS ORDINANCE. WHY IS THE ENTIRE PLUMBING OF THE STRUCTURE IN QUESTION WHEN THE ONLY NOTED ITEMS ON THE INSPECTION WERE THE SHOWER DRAIN AND A DRIPPING BATH FAUCET, WITH THE DRAIN GOING THROUGH INSPECTIONS SINCE THE START OF THE CODE. AS FOR THE SIZE OF THE BATH, NOTHING IN THE CODE ADDRESS THAT. AB FOR THE WATER CONTINUALLY RUNNING ON THE FLOOR, THE SHOWER DOES DRAIN WITHOUT WATER RUNNING ONTO THE FLOOR, WHEN THE SHOWER WAS PLUGGED BY A KID TOY DID IT RUN OVER ONTO THE FLOOR, THIS WAS CAUSED BY A PLUG, NOT DESIGN. THE ROTTEN AND SOGGY FLOOR, THE FLOOR WAS NEVER SOGGY (WET) IT WAS SOFT'IN THE MANNER OF SEPARATED PLYWOOD THIS HAS BEEN REPAIRED AND APPROVED BY THE INSPECTION DEPARTMENT AT THIS SAME INSPECTION, THAT IS WHY IT IS STATED AS "HAS BEEN NOTED", ALSO THE ONLY TIME THIS WAS NOTED ON THE INSPECTIONS WAS ON THE INSPECTIONS STARTING JAN OF THIS YEAR. ACTION: WHY BRING THE ENTIRE SYSTEM TO CODE WHEN THE ONLY NOTED PROBLEMS ARE DRIPPING FAUCET AND IMPROPER COVER ON A SHOWER DRAIN. NO CHANGE ON THE BATH. THE FLOOR HAS BEEN REPAIRED, AND APPROVED 26. VIOLATION: FURNACE IS OLD. ONLY ONE FORCE AIR HEATING UNIT FOR THE THREE UNITS. UNKNOWN AS TO HOW THE HEATING UNIT IS REGULATED TO THE THREE APARTMENTS. COMMENT: COED 5A.204(1) AGE OF THE FURNACE IS NOT DEALT WITH IN THIS SECTION ONLY THE OPERATION IN SUPPLYING HEAT. THIS PROPERTY HAS BEEN INSPECTED SINCE CODE INSPECTION, AND JUST NOW NOTED. THERE HAS BEEN ONLY A COMPLAINT FROM ONE UNIT AND THAT WAS THAT THE WINDOWS WERE DRAFTY, THEY }LKD NOT LOWERED THE STORM WINDOWS. WE HAVE RECEIVED NO OTHER COMPLAINTS. THE ORDNANCE CALLS FOR ONLY "PROPERLY INSTALLED AND IN SAFE CONDITION" AND "70 DEGREES FARRENHEIT AT A DISTANCE OF THREE FEET ABOVE FLOOR LEVEL AND THREE FEET FROM EXTERIOR WALLS' NOTHING IN THE CODE WOULD CALL FOR THE REPLACEMENT OF THE ~URNACE, AS IT CURRENTLY EXISTS. ACTION: NOTHING NEEDS TO BE DONE. 27. VIOLATION: OPEN JUNCTION BOXES IN THE BASEMENT. VISIBLE OUTLETS THROUGHOUT THE STRUCTURE WERE OF THE UNGROUNDED TYPE. TWO SIXTY (60) AMP BOXES SERVICES THE THREE UNITS AND COMMON AREAS. IT APPEARS THAT SEPARATE BRANCH CIRCUITS FOR EACH; UNIT HAVE NOT BEEN PROVIDED. COMMENT: THIS BUILDING HAS BEEN APPROVED FOR 10 YEARS + WITHOUT THIS BEING A PROBLEM. THE OPEN BOXES WERE NOT THERE AT THIS .INSPECTION, I PERSONAL CLOSED ALL OPEN BOXES (1) THIS IS FROM A PREVIOUS INSPECTION AND NOT THE INSPECTION DONE ON THIS DATE. ACTION: WHY BRING TO CURRENT CODE, WHEN THERE HAS BEEN NO PROBLEMS WITH THE ELECTRICAL SYSTEM. THE PROPERTY HAS BEEN IN EXISTENCE IN THE SAME OWNERSHIP SINE BEFORE SEPTEMBER 1989, AND THUS SHOULD BE GRANDFATHERD IN, OTHER THAN HEALTH OR SAFTY PROBLEMS. THIS DOES NOT OFFER SUCH PROBLEMS,NO ACTION 28. VIOLATION: PAINT SAMPLES TAKEN FROM WITHIN THE STRUCTURE INDICATE LEAD CONCENTRATIONS WHICH EXCEED MAXIMUM ALLOWABLE LIMITS. COMMENT: TWO SAMPLES WERE TAKEN FROM THE PROPERTY AND ONLY ONE WAS NOTED AS UNACCEPTABLE THE SECOND PASSED THE TEST FOR ACCEPTABLE LEVELS, THE CITY HAS REFERRED THIS TO THE COUNTY, THE COUNTY HAS NO REQUIREMENT FOR ABATEMENT IN THIS SITUATION. ACTION: NO ACTION 29. VIOLATION: RETAINING WALL IN FRONT OF STRUCTURE NEAR FRONT ENTRY WAY IS CONSTRUCTED OF CORRUGATED METAL. EDGES APPEAR TO BE SHARP AND DANGEROUS. COMMENT: THIS HAS BEEN T~ERE SINCE BEFORE WE PURCHASED THE PROPERTY, AND BEEN THROUGH MANY INSPECTION AND NEVER NOTED. ACTION: DO NOTHING 30. VIOLATION: YARD HAS NUMEROUS BARE AREAS. TREES ARE IN NEED OF TRIMMING TO ALLOW .SUNLIGHT INTO AREA FOR GROWTH OF GROUND COVER. AREA HAS COMMENT: TENANT SET UP A VOLLEY'BALL NET EARLY SPRING AND THE GROUND COVER WAS WORN OUT,THE NET MAS BEEN REMOVED AND GROUND COVER IS GROWING BACK ACTION: NO ACTION NEEDED $1. VIOLATION: REAR LOWER BATHROOM IS MISSING REQUIRED MECHANICAL VENTILATION COMMENT: IT IS THERE. ACTION: NO ACTION 32. VIOLATION: BRICK WORK OF CHIMNEY DETERIORATED TOP OF CHIMNEY APPEARS TO BE LEANING OUTWARD COMMENT: THIS IS CORRECT ACTION: WILL BE REPAIRED ~ROBER Chie~ Columbia )ate: 01-06-1994 (DP)WO1) ]WNER ID: 30027 ~RDPERTY ID: 30027 3CCUPANCY ID: 0 iNSPECTION DATE: 01-06-1994 )ATE/NEXT INSP: Jielation Number Reslv? Heig hfs Fi re Violations by F:' ~"c:,m l)a '~'.e: 0:1.-..06--.:i. 994 OWNER DRBANIZATIDN: C H PROPERTIES APARTHENTS PROPERTY NA~E/DESC: 46)5 5TH EXHIBIT H Depar tmen t Inspection To I)a'te::0:L-.-06'"'1994 Page CONTACT NAHE: CADWALLADER. JAKE ORBANIZATIDN NA,E: C H PROPERTIES APART,ENTS DCCUP CONTACT: CADWALLADER. JAKE INSPECTION TYPE: 94 START TIHE: 1300 FINISH TIHE: 01-25-!794 INSP DISTRICT: 41B PARCEL NUHBER: Follow-up Violation ~arning Injunction Citation Date Inspection Activity Code Sec Referred To Ltr Date Date Number ~ 5 CITY ORDINANCE 01-06-!994 Violation Details: WE HAVE BEEN NOTIFIED BY THE PLANNING AND ZONING COHHISSION SECRETARY THAT YOUR APPEAL OF THE HDUSINO ~AINTENANCE CDI)E VIOLATIONS DATED JULY 20. 1993 HAS BEEN DENIED. BE ADVISED THAT YOU HAVE 15 DAYS TO HAKE THE CORRECTIONS REOUIRED BY THE HOUSING HAINTENANCE CODE AND FIRE CODES DF THE CITY DF CDLUHBIA HEIBHTS AND STATE DF HINNESDTA. A FINAL INSPECTION WILL BE PERFDRHED DN JANUARY 25. 1994 AT 11: A~. YOU WILL RECEIVE ND OTHER NOTICES REBARDING THIS ISSUE. YOU ARE NOW OPERATING A RENTAL DWELLING WITHIN THE CITY OF CDLUHBIA HEIGHTS WITHOUT THE REOUIRE~ RENTAL HOUSING LICENSE. IF ALL VIOLATIONS ARE NOT CORRECTED PRIOR TO JANUARY 2)? 1994~ A CITATION WILL BE ISSUED AND YOU WILL BE ASSESSED A $50.00 INSPECTION FEE. TOTAL VIOLATIONS: i EXHIBIT I October 25, 1993 Lowell G. DeMars Evelyn Nygaard 590 40th Avenue N. E. Columbia Heights, Minnesota 55412 Re: 4655 5th St. N.E. Mr. Lowell DeMars and Evelyn Nygaard, After our meeting and discussion the other day I feel it would be beneficial specify what I have previously requested, and would like to understand before the next meeting. I am interested in determining what specific code section the issued orders are based upon. The request is not for a general sighting of the housing code. I have answered many of these in the application for hearing that has been filed. What I am looking for is the specific basis for the orders by code number and paragraph. If the basis is by uniform code I would like to have the specific paragraph of that code. Please be compete and list all applicable codes. There was also a statement in the staff report sighting a letter that gave the order to pursue non-conforming uses of property in the City and remove them. I would like to see a cody of that letter to understand the position that the City is taking at this time. I am interested in setting a meeting with both of you after I have received this information and have had time to understand the basis for the position that the City has taken. If you have any questions or need further clarification of what is necessary for a knowledgeable discussion on this matter please, ~ive me a call. Sincerely, ~ Cadwa 11 ader EXHIBIT J September 14, 1993 Columbia HeiMhts Fire Department 555 Mill St. N.E. Columbia Heights, Minnesota 55421 Re:4655 5th St. N.B. Lowell DeMars, I am requestin~ that no inspection be made on September 15, 1993. This inspection was scheduled on the order written July 20, 1993. Since that date I have filed with the Board of Appeals for a hearin~ on the orders involved in this report. I will be available for inspection after the hearin~ process is compete. by Jake Cadwallader . ~ [j FILING FEE:'$ 25.00 BUILDING INSPECTION DEPARTHENT Date C~.~c~.~ BOARD OF APPEALS APPLICATION FOR HEARING 1. ADDRESS OF PROPERTY -~ ,'~' ~-~ ~-o~ EXHIBIT K 2. LEGAL DESCRIPTION Phone .Appellants, #ame~ Address~ Phone ~ ~ -"'~ k. STATEHENT:. It Is requested that the I;otu~bla'Helghts Appeals Board schedule a hearing on an appeal from the decision of the Bullding Department: Inspect ! on to 5. Thls appeal ls based on the follo~lnc. I factors: Received by:~ EXHIBIT L Chief umbia Heights Fire , Violations by From Date:07-20-1~5 De pa r tmen t Inspection To Date:07-20-1~5 .EXHIBIT ~NER ID: 50027 O~NER DRBANIZATION: C H PROPERTIES APARTflENTS Page CONTACT NAME: CADWALLADER, mAKE PROPERTY ID: 30027 PROPERTY NAME/DESC: 4655 5TH OCCUPANCY ID: 0 ORSANIZATION NAME: C H PROPERTIES OCCUP CONTACT: CADWALCADER, JAKE INSPECTION DATE: 07-20-I793 INSPECTION TYPE: START TINE: 1500 FINISH TIME: DATE/NEXT INSP: 0~-15-1993 INSP DISTRICT: HB PARCEL NUMBER: Violation Follow-up Number ResIv? Date Inspection Activity Violation Yarning Injunction Citation Code Sec Referred To ktr Date Date Number ! 0~-15-1993 5 Vi0tati0n Details: 2 0g-15-1973 5 Violation Details: 09-15-1993 5 Violation Details: 4 09-15-1993 5 Violati0n Details: 5 0g-15-1~9~ 5 Violation Details: 0g-15-I~3 5 Violation Details: 7 09-15-1993 5 Violation Details: CITY ORDINANCE 5A 205(1)H VIOLATION: )RICK WORK DF ~IMNEY DETERIORATE~. TOO OF CHIMNEY APPEARS TO DE LEANING OUTWARD. CORRECTIVE ACTION: REPAIR CHIMNEY TO SAFE STANDARD CITY ORDINANCE 5A 20~(1)D 07-26-199) VIOLATION: SOUTH SI~E EXTERIOR LIBHT MISSINS LIBHT 6LO)E. FIXTURE IS REQUIRED TO BE EXTERIOR TYPE AND WEATHER ~AFE. CORRECTIVE ACTION: REPLACE NISSINB LIBHT FIXTURE WITH EXTERIOR TYPE FIXTURE. TO BE WEATHER SAFE CITY ORDINANCE SA 205(1) 07-2~-1993 VIOLATION: NORTH UNIT CLOSET DOOR MISSINS CORRECTIVE ACTION: INSTALL CLOSET DOOR, STAIN/PAINT/VARNISH DOOR. CITY ORDINANCE VIOLATION: SMOKE DETECTOR INOPERABLE CORRECTIVE ACTION: INSTALL MEN ~I~OKE DETECTOR TO CODE CITY ORDINANCE ~ 205(1)C 07-26-1~3 VIOLATION: NORTH UNIT BAltlROOH IS ~UBSTANDARD. PtUMBINS IS SUBSTANDARD. ROOM MEASURES ONLY 2? INCHES WIDE CORRECTIVE ACTION: PtUMBINB SHAJ. L ~ CHECKED ~D BROUBNT UP TO CODE BY LICENSED PLUM~ER. IATHROOM SHALL BE EXPANDED TO ACCEPTABLE DIMENSIONS CITY ORDI~NCE 5A 205(1)C VIOLATION: WORTH UNIT ~OMER CAULklNB IS DETERIORATED CORRECTIVE ACTION: RE-CAULk SHOWER STALL CITY ORDINANCE , SA 205(I)D VIOLATION: 07-2~-199~ 07-26-I~93 NORTH UNIT FRONT STORM ~OOR DOES NOT CLOSE AND LATCH PROBER Chief Columbia Date: 07-$0-1995 {OPSN01) OWNER ID: )0027 ~OPERTY ID: 34)027 OCCUPANCY ID: 0 INSPECTION DATE: 07-20-199~ ~ATE/NEXT INSP: 09-15-1995 Violation Follow-up Number Reslv? Date Heights Fire Department Violations by Inspection From Date: 07-20-1~5 To Date-- 07-20-1~5 IMiNER DRGANIZATIDN: C H PROPERTIES APARTMENTS PROPERTY NAMEIDESC: 4&55 5TH CONTACT NAflE: CADNALLADER, ~AKE DCCUP CONTACT: CADNALLADER, aAKE Page i: 2 ORGANIZATION NAME: C N PRDPERTIES INSPECTION TYPE: 91 START TIME: 1300 FINISH TIME: INSP DISTRICT: 41B PARCEL MU~BER: Violation Marning Injunction Citation Inspection Activity Code Sec Referred To Ltr Date Date Number e 09-15-1993 5 Violation Details: 9 0~-15-1~93 5 Violation Details: 10 0~-15-Ig73 5 Violation Details: 0~-15-1~ 5 Violation Details: 0~-15-19{~ 5 Violation Details: 09-15-1995 5 Violation Details: 14 09-15-1995 5 Violation Details: CURRECTIVE ACTION: INSTALL ODDR CLOSER ON FR1)NT STeM ODOR CITY ORDINANCE 5A207(I)B 07-26-19g$ VIOLATION: LONER UNIT, REAR BEDROOM CEILING SHONS MATER DAMABE CORRECTIVE ACTION: REPLACE DETERIORATED CEILING AREA AND PAINT ~TIRE CEILING CITY ORDINANCE ~ 202(1)C 07-26-1993 VIOLATION: LONER UNIT WINDOW TRIM SHONG DETERIORATION REPLACE/REPAIR DETERIORATING WINDOW TRIM AND PAINT/VARNI~ SAME CITY ORDINANCE 5A 203(I)D 07-2b-1993 VIOLATION: LONER UNIT ~LL#AY LIGHT MISSING PROTECTIVE 6LOBE CORRECTIVE ACTION: INSTALL LIGHT GLOBE CITY ORDINANCE ~ 205(1)C 07-26-1973 VIDLAIION: LONER UNIT ENTIRE UNIT IN NEED DF REDECORATING CORRECTIVE ACTION: PAINT ENTIRE ONIT CITY ORDINANCE ~ 205(1)C 07-26-I??~ VI~ATION: LONER UNIT FRONT REI)RD~ CEILING SHOWING MATER DAMAGED CORRECTIVE ACTION: REPAIR MATER DAMAGED AREA BEFORE PAINTING UNIT CITY ORDINANCE 5A 205(1)8 07-26-199~ VIOLATION: N.L WINDOWS IN STRUCTURE SHALL BE OPENABLE FROM TOP AND BOTTOM AND SHALL STAY OPEN IN OPENED POSITION NITHDUT USING MAESHIFT AIDS. ALL #INDDNS IN STRUCTURE SHOWING HEAVY DETERIDATION. CORRECTIVE ACTION: CORRECTIVE ACTION: CITY ORDINANCE VIOLATION: REPLACE ALL #INDOWS IN T~ STRUCTURE WITH PROPERLY OPERATING WINDOW UNITS 5A 20J{1) 07-26-19g] BASEMENT MATER SEEPINS INTO BASEMENT. BASEMENT FLOOR JOISTS ARE UNPROTECTED BY ~ate: 07-~0-199~ (OPIWO1) ~NER ID: $0027 Heights Fire Department Violations by Inspection From D~te:07-20-i~95 To Date:07-20-1~95 OMNER ORSANIZATIUN: C N PROPERTIES APARTMENTS CO~TACT NAME: CAI~ALLADER, JAkE Page PROPERTY ID: ~0027 OCCUPANCY ID: 0 INSPECTION DATE: 07-20-199~ PROPERTY NAME/DESC: 4655 5TH ~SANIZATION NAME: C N PROPERTIES INSPECTION TYPE: 91 DCCUP CONTACT: CA~ALLADER, JAKE START TIIE: 1500 FINISH TIME: DATE/NEXT INSP: 09-15-199~ INSP DISTRICT: Violation Follow-up #u~ber Reslv? Date Inspection Activity PARCEL NO~BER: ¥iolation #arning Injunction Citation C~de Se= ReferrBd To Ltr Dire Date Nuib~r SHEETROCK CONSTRUCTION, HEAVY ACC~ULATION 0¢ TNASH/DEORISISTORAGE IN BASEMENT. RESIDENTIAL SPRINKLER SYSTEM SUPPLIED OFF OF DOMESTIC MATER SYSTEM MAS IN OFF POSITION. BASEMENT APPEARS TO HAVE NO FROST FOOTINGS EXCEPT UNDER A ~ALL PORTION OF TiE ~OUTH MALL, PORIlONS OF THE STRUCTURE ARE CONSTRUCTED OVER ~N UNPROTECTED CRAWL SPACE. NOOD MEMBERS ARE TOO CLOSE TO THE SOIL CAUSING DETERIORATION DF THE HEMBERS, FLOORS IN liEGE AREAS SAG ~ND THE STRUCTURAL MEMBERS ARE PROBABLY DETERIORATED. CORRECTIVE ACTION: INSTALL FROST FOOTINGS TO CODE, REPLACE ALL DETERIORATING ¥OODEN STRUCTURAL MEMBERS. SEEK OUT AND CORRECT MATER SEEPAGE PROBLEM, REMOVE ALL TRASNIDE~RIS AN~ STORAGE FROM BASEMENT AREA, SHEETROCK CEILING OF ~ASEMENT TO PROVIDE FIRE STOP, REPLACE ALL DETERIORATING CONCRETE AND BLOCk#ORK. lttIIlItlICHECk NITH BUILDING DEPARTMENT FOR PROPER CORRECTIVE ACTION AND PERMITSI~I$$IIt 15 09-15-1993 5 CITY ORDINANCE 5A 205(I)B Violation Details: VIOLATION: NORTHWEST REAR ENTRY DOOR DETERIORATED. 07-26-1993 CORRECTIVE ACTION: REPLACE NORTt#EST REAR ENTRY DOOR NITH SOLID CORE DOOR AND THUMBTURN . DEAD~OLT LOCK SYSTEM 09-15-1993 5 CITY ORDINANCE 5A 205(1)B 07-26-1993 Violation Details: VIOLATION: NORTNWE$1 REAR STORN DOOR MISSING OR DETERIOATED. CORRECTIVE ACTION: INSTALL IEM STeM DOOR ¥1TH CLOSER. Violation Details: CITY ORDINANCE ~A 205(1)8 VIOLATION: REAR ~PER UNIT STAIRNAY DETERIORATED. CORRECTIVE ACTION: INSTALL I~i GTAIRNAY TO UPPER UNIT, 07-26-1993 SHALL ~E CONSTRUCTED TO CODE. 09-15-I993 5 CITY ORDINANCE 5A-205(1)B Violation Details: VIOLATION: UPPER UNIT STORM DOOR DOES NOT CLOSE AN~ LATCH CORRECTIVE ACTION: REPAIR/REPLACE DOOR TO CLOSE AND LATCH 19 09-15-1995 5 CITY ORDINANCE 5A 205(1)C 07-26-1993 Violation Details: VIOLATION: UPPER UNIT SOUTH BEDROO~ HAS NUMEROUS HOLES IN MALLS PROBE~/ ~hie~ Cc~lumbia Date: 07-$0-1993 (OP:WOI) ONNER ID: $0027 PROPERTY ID: ~0027 OCCUPANCY ID: Heights Fire Department Violations by Inspection From Date:07-20-1~95 To Date:07-20-1~5 ONNER ORSANIZATION: C H PROPERTIES APARTHENTS PROPERTY NAHE/RESC: 4655 5TH ORBANIZATIDN NARE: C H PROPERTIES INSPECTION DATE: 07-20-1993 INSPECTION TYPE: 91 DATE/NEXT INSP: 09-15-1995 INSP DISTRICT: 41S Violation Follow-up Number Reslv? Date Inspection Activity Violation r~de Sec CONTACT NAHE: CADWALLADER, mAKE OCCUP CONTACT: CADWALLAOER, .1ALE START TINE: 1500 FINISH TIHE: PARCEL N~DER: Marning Injunction Referred To Ltr Date Date Page l: 4 Citation Number 20 09-15-199~ 5 Violation Details: 21 09-15-1993 5 Violation Details: 22 09-15-1993 5 Violation Details: 23 · 09-15-199~ 5 Violation Details: 24 09-15-1993 5 Violation Details: 25 09-15-1993 5 Violation Details: 26 09-15'-1993 5 Violation Details: CORRECTIVE ACTION: SHEETROCK ~ALLS Alii) CEILIN6 DF ~EDRD~. CITY ORDINANCE SA 205(1{ VIOLATION: UPPER UNIT KDRDOH CLORET DOORS HISSIN6 07-26-1993 CORRECTIVE ACTION: INSTALL CLOSET DOORS CITY ORDINANCE 5A 205(1)D 07-26-1993 VIOLATION: UPPER UNIT FRONT BEDRDOH CEILINS LIBHT HANBIN6 DY MIRES. CORRECTIVE ACTION: INSTALL CEILIN6 LIBHT FIXTURE TO COE REDUIRERENTS, CITY ORDINANCE 5A 205(1)C 07-26-1995 VIOLATION: UPPER UNIT DATHRO~ FLOOR TILES ARE CURLIN6 ~KINS MAINTENANCE DIFFICULT CORRECTIVE ACTION: REPLACE DATHRDON FLOOR COVERIN6 WITH EASY TO MAINTAIN FINISH CITY ORDINANCE 5A 205(1)C 07-26-199~ VIOLATION: UPPER UNIT DATHRDOH PANELINB AROUND TUB PEELINB AT CORNERS. CORRECTIVE ACTION: REPLACE DETERIORATIN6 PANELIN6 WITH EASY TO ~AINTAIN SURFACE. CITY ORDINANCE VIOLATION: UPPER UNIT TUB FAUCET IS LEAKING 07-26-1993 CORRECTIVE ACTION: REPAIR FAUCET TO NORHAL #ORKIN6 CONDITION CITY ORDINANCE SA 205(1{C 07-26-1993 VIOLATION: UPPER UNIT HOLE IN HALLWAY WALL CORRECTIVE ACTION: REPAIR WALL WITH PLASTER PATCHINS COI~DUND OR SHEETROCK. SAND ~HODTH AND FINISH CITY ORDINANCE 5A201(1) 07-26-1993 VIOLATION: ENTIRE STRUCTURE THE PL~BINS THROUBHOUT THE STRUCTURE IS SUBSTANDARD. THE DATHRDDH FOR TH~ FRONT APARTMENT IS ONLY 28 INCHES WIDE AND IN ORDER TD USE THE LAVATORY YOU RUST HAVE THE DOOR OPEN AND STAND IN THE DOORWAY. THE SHOWER IN THE REAR LONER APARTHENT HAS AN IMPROPER DRAIN WITH A PIPE THAT STICKS UP OUT DF THE SHOWER PAN SD THAT MATER CONTINUALLY ~OBER Chief C:o I umbia Date: 07-30-1995 (OPSWO1) D~ER ID: 30027 PRDPERTY ID: 30027 OCCUPANCY ID: 0 INSPECTION DATE: 07-20-1993 OATE/HEXT INGP: 0~-15-19~$ Violation Follo.-up Number Reslv? Date 27 09-15-1993 5 Violation Details: 2G 09-15-1993 5 Violation Details: 29 09-15-1993 5 Violation Details: 09-15-1993 Violation Detailm: Heig hfs Fi re De pa Violations by Inspection From D~te:07-20-iO~5 To Date: Paso t: OWNER ORGANIZATION: C H PROPERTIES A~ART~ENTS CONTACT NAME: CADWALLADER, JAKE PROPERTY NAME/DEGC: 4655 5TH ORGANIZATION NAME: C H PROPERTIES DCCUP CONTACT: CADMALLADER, 8AKE INSPECTION TYPE: 91 START TIME: 1300 FINISH TIME: lNSP DISTRICT: 4lB PAd{CEL PLUMBER: Violation Warning Injunction Inspection Activity ~de Ge~ Referred To Lit Date Date Citation Number Rl.qqs ONTO THE FLOOR, TM[ FLOOR IN THIS/d{EA ~S BEEN ND11[D ON VARIOUS INSPECTION REPORTS AS BEING ROTTED AND BOBBY. T',,ERE DOES NOT APPE~ TO BE PROPER DRAIN, WASTE AND VENT PIPING T~OUGHDUT, LICENSED PLUMBER SHPJ. L ~RINS ENTI~ ~U~BING SYSTEM UP TO CURRENT CODE ~RRECTIVE ACTION: REOUIREMENTS. CITY ORDINANCE 5A 204(1) 07-26-1993 VIOLATION: FURNACE TO HOW THE HEATING ~IT IS REGULATED TO THE THREE APARTMENTS CORRECTIVE ACTION: REPLACE THE HEATING UNIT TO CONFORM WITH EXISTING REGULATIONS, PROVIDE THERMOSTAT DR OTHER CONTROL SURGE FOR HEATING SYSTEM CITY ORDINANCE 5A 203(1)O 07-26-1993 VIOLATION: ~EN 3ONCTION BOXES IN BASEMENT, VISIBLE OUTLETS THROUGHOUT THE STRUCTURE WERE OF THE UNGROUNDED TYPE. TWO SIXTY (60) AMP ~XES SERVICE THE THREE UNITS AND COMMON APPEARS THAT SEPARATE BRANCH CIRCUITS FOR EACH ~IT HAA NOT BEEN PROVIDED, CORRECTIVE ACTION~ BUILDING ELECTRICAL SNPJ. L BE BROUGHT UP TO CURRENT CODE REGUIREMENTS. CITY ~DINANCE VIOLATION: PAINT SAMPLES TAKEN FROM WITHIN THE BTRUCTUP, E I~ICATE ~AD CONCENTRATIONS WHICH [XCEED MAXIMUM ALLOWABLE LIMITS. CORRECTIVE ~CTION: TAKE NECESSARY AND REOUIRED MEASURES TO ABATE THE LEAD PROBLEM IN ALL UNITS. CONTACT MR. DUWAYNE KONEWKO~ PUBLIC AALTH SPECIALIGT~ (COUNTY OF ANOKA) AT 422-704~ FOR ASSISTANCE 5 CITY ORDINANCE ~ 207 07-26-~993 VIOLATION: RETAINING WALL IN FRONT OF STRUCTURE NEAR FRONT ENTRYWAY IS CONSTRUCTED OF CORRUGATED METAL, EDOES APPEAR TO BE SHARP AND DANGEROUS CORRECTIVE ACTION: AMOVE EXISTING WALL AND ~PLAC[ WITH ACCEPTABLE MATERIALS OR LANDSCAPE AREA. $1 09-15-1993 5 CITY ORDINANCE 5A207(1) Violation Details: VIOLATION: YARD HAS NUMEROUS BARE ~EAS. TREES ARE IN NEED OF TRIMMING TO ALLOW SUNLIGHT PROBER Chief Cc~ I umbi a ~ate: 07-$0-1995 IItiNER ID: 30027 PROPERTY ID: 30027 OCCUPANCY ID: 0 INSPECTION DATE: 07-20-1993 ~TE/NEXT IN,P: 09-15-1993 Violation #ueber Reslv? Heights Fire Department: Violations by Inspection From Date:07-20-1995 To Date:07-20-1995 DMNER DRSANIZATIDN: C H PROPERTIES APARTHENTS ~OPERTY NAHEIDESC: 4~55 STH DR6ANIZATION NAHE: C H PROPERTIES INSPECTION TYPE: 91 INSP DISTRICT: 418 Follo#-up Date Inspection Activity 09-15-199~ Violation Code Sec INTO AREA FOR 6RONTH D~ 6RDUND COVER. AREA HAS CONTACT NAHE: CAD#ALLADER, ~AKE OCCUP CONTACT: CADNALLADER, aAKE START TIHE: 1500 FINISH TIHE: PARCEL NUHSER: #arning Injunction Referred To Ltr Date Date 5 CITY ORDINANCE 5A 205(1)C 07-29-1993 Violation Details: VIOLATION: REAR LONER DATH~ODH IS HISSINS REQUIRED HECHANICAL ~NTILATIDN, CORRECTIVE ACTION: PROVIDE HECHANICAL VENTILATION FOR I~AR LONER SATHRDDM TOTAL VIOLATIONS: ~2 Page Citation Nuaber EXHIBIT N DATE: June ?, 1993 FROM: Evelyn Nygaard 4655 'N.£. 5th Street The structure at 4655 N.E. 5th Street lacks frost footings on all but a small part of south side. Th} portions of the structure that are constructed over crawl space have wood members too close to the soil The floors in these areas sag and the~tru~t, ui01 · ' members are probably deten, orated. ,,~ ~'F~~,~ The plumbing throughout is substandard. The bathroom for the front apartment is only 28 inches wide and in order to use the lavatory you must have the door open and stand in the doorway. The shower in the rear lower apartment has an improper drain with a pipe that sticks up out of the shower pan so that water continually runs onto the floor. The floor in this area has been noted on various inspection reports as being rotted and soggY. There does :Q.Z appear t0,be_pr.oper drain~w, aste and vent piping The back stair (exterior) that provides th~ only access to the ~pp~r apartment poor condition and should be replaced. ~ Structure use is non-conforming. Is being ~sed as three-plex District which ~lows one and ~o family dwellings only. Multiple dwellings (three or more units) require minimum square f~ge of lot ar~ of 10,~ square feet, Thi~ lot ~ approximately 9~83 Windows are in poor condition, with peeling paint, missing putty, very poor weather protection. Tenants say units are cold in winter and hot in summer, probably due to little or no · insulation and the poor condition of windows. The furnace is very old. Only the one forced air heating unit for the three units. It is unknown as to how the heat is regulated and by whom. ~'~-o u~'d e 'T~ o~-,"<T oh- o~ ~en ~unction ~xes were noted in ~e basemenL AH ou~e~ that were visible are of an ungrounded t~e. A licensed electrician should evaluate the entire system to determine what is required to bring the building up to ~de. Two 60 amp boxes service the three units and ~mmon areas. EXHIBIT 0 DATE: June ?, 1993 FROM: Evelyn Nygaard RE: 4655 N.E. 5th Street The structure at 4655 N.E. 5th Street lacks frost footings on all but a small part of south side. The portions of the structure that are constructed over crawl space have wood members too close to the soil. The floors in these areas sag and the structural members are probably deteriorated. The plumbing throughout is substandard. The bathroom for the front apartment is only 28 inches wide and in order to use the lavatory you must have the door open and stand in the doorway. The shower in the rear lower apartment has an improper drain with a pipe that sticks up out of the shower pan so that water continually runs onto the floor. The floor in this area has been noted on various inspection reports as being rotted and soggy. There does not appear to be proper drain, waste and vent piping throughout. The back stair (exterior) that provides the only access to the upper apartment is in poor condition and should be replaced. Structure use is non-conforming. Is being used as three-plex in an R-2 Zoning District which allows one and two family dwellings only. Multiple dwellings (three or more units) require minimum square footage of lot area of 10,000 square feet. This lot is approximately 9183 s.f. Windows are in poor condition, with peeling paint, missing putty, very poor weather protection. Tenants say units are cold in winter and hot in summer, probably due to little or no insulation and the poor condition of windows. The furnace is very old. Only the one forced air heating unit for the three units. It is unknown as to how thc heat is regulated and by whom. Open junction boxes were noted in the basement. AH outlets that were visible are of an ungrounded type. A licensed electrician should evaluate the entire system to determine what is required to bring the building up to code. Two 60 amp boxes service' the three units and common areas. CITY OF MINNEAPOLIS PL..E~$E DETACH TOP pOMTION &ND RETUMN WITH YOUA REMII'TANCE MAKE CHECKS PAYABLE TO: ililiNNEAPOLIS HEALTH DEPARTMENT 250 SOUTH FOURTH STFIEET MOOM MINNEAPOLIS, MINNESOTA SS415 CITY OF COLUt~BIA HEIGHTS 590 40TH AVENUE NE COLUI~3IA HEIGHTS I~ 55421-3~78 L BILL NO. CODE FUND-LOW ORG. ACCOUNT i TA.~K ZZZ OPTION , iiRRC~RA_U. _'~I_F_~ENT HS 4,501 AMOUNT DEscmrnoN Lab Test mEP,,U~D eY/OA'rE Bonnie K, 6/9/93 ~API~IOVED BY/DATE K. ~)eCK 0/~/~ Laboratory tests peefomed by the Htnneapolts Health Department L&boratpPy City of Columbia Heights on June 9, 1993. One paint .sample for lead - $18 fop the .OOeach Amount Due: $18.00 DUE AND PAYABLE UPON RECEIPT A~COUHTING SECTION BILL NO. ..: ~ ...... ~ . ...:.-.-..-- .--. _. MINNEAPOU$ HEALTH DEPARTMENT LABORAT~Y OHEMICAL ANALYSIS FOR LEAD EXHIBIT Q CITY OF COLU~IA ~E~G~T-c TO: /~.~L~ELYN ~YG~D, BUILDINO INSP~-CTOI~ SUB,~,~XCENS~.NO OF I~ON-CONFORHXNO BUILDINOS DATEs SEPTF.,H~ER 27, ~991 Several weeks ago, ye held a d~scuss~on on the subject of l~cens~ng non- conforming houses. Th~s d~scuss~on arose out of the house at 4417 F£fth Street NE which has a stairway which ~s nonconforming. Th£s subject was reviewed v~th our C£ty Attorney. ~he Attorney has adv£sed me An the strongest possible tens that the C~ty should not ~ssues l~censes to non-conform£ng dwell£ngs. The ~ssuance of the l~cense has an ~pl~ed meaning that the bu~ld£ng ~s safe and ~n compliance v~th local bu~ld£ng lays. Should an accident occur at th~s location, there ~s no doubt ~n the Attorneyts m£nd that we would be sued and that we would have very l~n£ted grounds ~o base defense on. Based on the A~torney*s recommendat£on, we not be l~cens£ng non-confor~£ng homes. Such rental property w~llhave to be brought ~nto compliance or turned ~nto owner-occupied dwellings. If you have any questions, please feel free to contact Be. SgA:bJ cc ~ Jeff Janacek C£ty l~anager (2) KALINA, WILLS, WOODS, GISVOLD & CLARK RONALD S. KALINA (1944-1991) SAMES H. WILLS* GREGGORY J. WOODS ROBERT D. GISVOLD ANDREW R. CLARK PAUL A. THOMPSON * ADMn l~u IN MINNE. SOTA AND WISCONSIN REPLY TO biINNEAIK)LIS OF~CE EXHIBIT q ATTORNEYS AT LAW SU1TE ~ 941 HILLW1ND ROAD NORTHEAST MINNEAPOLIg, M/NNESOTA 55432-5~ 612t789-9000 TELECOP~ 612/571-2418 April 22, !994 MARK E. GILBERT* KEVIN E. GIEBEL* CHARLES M. COCHRANE LEE ANN BOCWINSKI MARK A. SUNBERG o~ COUNSEL MICHAEL S. FROST NOTICE OF VIOLATIONS Mr. Jake Cadwallader c/o Paul Weingarden, Esq. 6600 France Ave. S. Suite 590 Edina, M~ 55435 re: 4655 NE 5th Street Columbia Heights, MN Dear Mr. Cadwallader: Pursuant to the Housing Maintenance Code for the City of Columbia Heights, together with the State Building Code, the National Electric Code as adopted by the State Building Code, and the State Plumbing Code as adopted by the State Building Code, you are hereby advised of the following violations and required corrective measures: 1. Exterior light fixture is not contained within a protective globe. This is a violation of Housing Maintenance Code (hereafter "HMC" §5A.203(!) (d) in that the fixture is not being maintained in a "safe working condition" by creating an unnecessa~t fire hazard. Provide a protective globe to this fixture; 2. The building lacks operational smoke detectors. This is a violation of HMC 5A.209(1) (A). Repair or replace smoke detectors; 3. There are several plumbing deficiencies noted. These are spelled out with specificity in the attached report of Gary V. Topp, State Plumbing Inspector. Each violation is considered to be a maintenance violation, pursuant to Minnesota Rules §47!5.2840 Defective Work and Minnesota Rules 4715.2860 Maintenance as supported by statutory authority contained in Minn. Stat. §326.37 to 326.45. Resolve each violation as contained in the attached plumbing report; 4. Windows in all units found to be in disrepair. This is a · violation of HMC §5A.205(1) (b) which requires all windows "shall be tight and shall be kept in good repair." Repair said windows by replacing sash cords which are broken and reframing windows; BRAINERD OFFICE: 2100 EXCELSIOR DRIVE · BAXTI~R, MN 56401 - (218) 828-9808 Mr. Jake Cadwa!lader April 22, 1994 Page 2 5. Foundation is deteriorated and inadequate. This is a violation of H~C ~205(1) (c) which requires every floor to be kept in a "sound condition and good repair". Specifically, water seepage was noted in several areas. Repair'seepage problems and retain certified structural engineer to examine the building and determine the extent of wood deterioration; 6. Entry doors found to be of hollow wood construction. This is in violation of Uniform Fire Code §tl.303.B4. Additionally, ingress and egress doors do not contain dead[bolt locks in violation of R~4C § 5A.202(1) (b) which requires that "every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure." Id. Replace entry doors with solid core type doors equipped with thumb-turn deadlock bolting system. 7. Sheetrock suffers from water and general damage in several areas. Specifically, l) lower unit bedroom ceiling (water damage); 2) front bedroom ceiling'(water damage); 3) south bedroom walls (holes in walls); 4) upper unit hallway wall (hole in wall). These deficiencies are in violation of HMC § 5A.205(1) (c) which requires that "every floor, interior wall and ceiling, shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair." Id. Repair all water damaged areas and damaged sheetrock areas; 8. Exterior stairway found to be in severe disrepair dangerous to users or passersby. This is in violation of EMC §5A.205(1) (g) which requires "Every ...outside stair...shall be safe to use and capable of supporting normal structural loads. Id. (emphasis added). Replace entire stairway for access to upper unit. Stringer must be designed to carry 100 pounds per square foot load. Treads shall be designed to support a 300 pound concentrated load placed in a position which would cause maximum stress. If wood is used to construct stairways, the material shall be treated wood or heartwood of redwood or cedar.' A weather seal shall be applied to a raw wood surface (paint/varnish). A roughened tread cover shall be installed or install a cover over the stairs so step is not stippery when wet. A guardrait with all opening less than 6 inches is required up the stairway and around the stoop. A continuous 'handrail mounted 34 inches to 38 inches above the nosing of the treads is required. The handgrip portion of the handrail shall be not less then 1 1/2 inch or more than two inches in cross sectional dimension; 9. Storm doors on units do not close tightly. This is in violation of EMC §5A.205(1)(b) which requires that Mr. Jake Cadwallader April 22, 1994 Page 3 ,every.-,.exterior do°r....shall be tight and shall be kept in repair." Id. (emphasis added). Either replace exterior doors or repair same to close tightly by installation of latches or closers; !0. Total amp service for units was found to be substandard. Each unit must be serviced by at least 60 amp service and installed by a licensed electrician. This is required by MMC §5A.203(1) (d) (i). Note also that a separate 60 amp service must be installed to service incidental and common area requirements; 11. Lighting for parking areas and walkways was found to be nonexistent. This is in violation of HMC §5A.208(1) (f) (g) which requires that ".lighting must be provided for parking areas and walkways." Id. Install sufficient lighting as required by code; 12 The retaining wall on the property was found '~ . to be of corrugated steel construction presenting dangerously sharp exposed edges. This is in violation of MMC § 5A.205(1) (g) which requires that every foundation and exterior be "safe to use" This wall presents a clear danger and attractive nuisance to passersby. It must be removed and reconstructed; 13. Lead was found to exist in much of the paint contained within the building. The paint must be removed by a certified abatement specialist as is required by HMC §5A.205(1) (c); 14. Thermostatic controls were not found to be present in each unit. This is in violation of PE4C §5A.205(t) (h) which requires that ,'all...utilities...shall function effectively in a safe and working condition." Id. Tenants inability to control heating during the winter months has led to numerous complaints, and, therefore, the lack of individual thermostatic controls is regarded as ineffective. Provide individual thermostatic controls to each unit; !5. Chimney found to be unstable as a. result of brick dilapidation. This is in violation of FE4C §5A.205(1) (g) which requires that "every appurtenance to [every exterior wall] shall be safe to use and capable or supporting normal structural loads." Id. (emphasis added). Repair chimney to a safe and stable condition; 16. The ,basement cei!ing'~ilW~s':if0~nd to 'lack la pr0tective~fire ceiling in violation of the uniform Fire Code and Uniform Building Code §1202(b). Provide ,a sheetrocked ceiling with two layers of: ~,Type~'X sheetr6Ck to provide?on hour ~fire ~resistance occupancy 'separations accOrding to C0de~'-~ ..... ~.~ ~ ~ - -, Mr. Jake Cadwallader April 22, 1994 Page 4 The Violations and remedial measures as set forth above provide'you with specific complaints and corrective action. The City Council for the City of Columbia Heights will hold a public hearing regarding the subject property on April 25, 1994. At that hearing, the council will be asked to approve the conditional revocation of your rental license conditioned upon your failure to complete the corrective measures no later than May !5, 1994. If you have any questions, please do not hesitate to contact the undersigned. . Very truly yours, KALINA, WILLS, WOODS, ~rk~~.~VOLD & CLARK ~ Attorney at Law cc: Ms. Evelyn Nygaard Mr. Patrick Hentges Paul Weingarden, Esq. EXHIBIT A ~ OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STR~ NE COLUMBIA MI~TGHTS, MN. 55421 TELE: 782-2835 MR. JAKE CADWALLADER 3800 APACHE LANE ST. ANTHONY, MN. 55421 APRIL 8, 1994 IN RE: Disposition of License of Mr. Jake Cadwallader to Operate Rental Property in the City of Columbia Heights in violation of Ordinance ~1176, the Housing Maintenance Code. Dear Mr. Cadwallader, Our records indicate that you were cited for the following State and/or City Code violations within the City of Columbia Heights on the following dates: ***PLRASE SEE VIOLATION EH~l%T ATTACHMENT As of January 31, 1994, you have failed to adequately remedy the violations making it necessary to take further action to remedy the condition. Be on notice therefore, that on the Llth day of April, 1994, at 7:00 p.m., or as soon thereafter as the matter can be heard, the undersigned authorized agent shall petition the Columbia Heights City Council for a revocation, suspension and/or other appropriate disposition of your license to operate rental units located at 4655 5th Street within the City of Columbia Heights. Very Truly yours, City of Columbia Heights by: Lowell G. DeMars Assistant Fire Chief Enforcement Officer Tele: 782-2835 EXHIBIT B RESOLUT'rON 94- RESOLUT.rON OF C.rTY COUNC.rL OF THE C.rTY OF COLUMB.rA HE.rGHTS APPROV.rNG REVOCAT.rON THaT CERTA.rN RES.rDENT.r~L RENTAL L.rCENSE HELD BY J~KE CADWALL~DER D/B/A C-H PROPERT.rES ~HERF~S· JAKE CADW~LL~DER D/B/A C-H PROPERT.rES (HERE~TER "CADW~LY.~DER") .rS THE LEGAL OWRER OF THE REAL PROPERTY LOCATED ~T 4655 NoEo STH STREET· COLUMB.rA HE.rGHTS· M.rNNESOTA· ~ WHERF~S· PURSU~NT TO COLUF~B.rA HE.rGHTS CODE WR.rTTEN NOT.rCE SETT.rNG FORTH THE CAUSES ~ND RE~SONS FOR THE PROPOSED COUNC.rL ~CT.rON CONTA.rNED HERE.tN WAS G.rVEN TO CADWALL~DER ON I~CH LI· 1994· OF ~ PUBL.rC H~.rN~ TO BE HELD ON APR.rL 11· 1994o WHERE~S · PURSUi~NT TO 'rNSPECT'rON REPORT OF EVELYN IqYG~D CONJUNCT'tON W'rTH THE Ass'rSTANT F'rRE CH'rEF OF THE COLUF-B'rA HE'rGHTS F'rRE DEP~TMENT· LOWELL D~Sv DATED JULY 20· 1995· ~TTACHED HERETO AS EXH.rB.rT ~· ~ ~S ~MENDED BY REPORT D~TED I~.'~RCH 30· 1994 i~ID THE F'rND.rNGS AS BET FORTH THERE'rNv ~ND ATTACHED HERETO AS EXHTB'rT B~ ~ LETTER TO JAKE CADWALLADER· DATED ~PR'rL 22· 1994· ~ ATTACHED HERETO AS E_~_.rB'rT C· CADWALL~DER 'rS .tN v'rOLAT'rON OF THE CODE SECT.rONS ~ND STATE STATUTES AS L.rSTED .rN THE S~.rD AAND C. NOW, THEREFORE· .rT .rS RESOLVED ~y the C~ty Council o~ ~he City of Columbia Heights, Minnesota, that: 1. That Cadwallader's Rental License as issued on January 12, 1993, and ending December 31, 1993, pursuant to City of Columbia Heights Ordinances Section 5.606 et seq., for that certain three unit multiple dwelling located at 4655 N.E. 5th Street, Columbia Heights, Minnesota, which license is identified by number 13321, is hereby conditionally revoked effective May 15, 1994, conditioned upon Cadwallader's failure to complete the corrective measures as set forth in that certain letter dated April 22, 1994 (and earlier notices as contained in Exhibits A and B to the said letter) to the satisfaction of the City of Columbia Heights building inspector by the effective date set forth above; 2. That the City of Columbia Heights, through its City Manager, is hereby authorized to serve notice of said revocation upon Cadwallader as soon as practicable; 3. That City shall give actual notice, as is practical under the circumstances, by mailing said notice to all known occupants and by posting said notice in a conspicuous location on the building, of the revocation contained herein and described in Section 1, above. i CITY COUNCIL ~ETTER ~ee~ing of : April 25, 1994 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER' S APPROVAL ITEM: HEARING: CONDEMNATION BY: EVELYN NYGAAR~ BY NO: 3909 POLK STREET NE~.,~.~ DATE: APRIL 22, 1994 ' Subject Property is: A wood framed house previously used as a single family dwelling located at 3909 Polk Street NE, Columbia Heights, MN. Found: Hazardous/substandard Housing Maintenance Ordinance Violations On April 14, 1993, a site visit to 3909 Polk Street NE, for the purpose of conducting a Housing Maintenance Inspection was performed at the owner/occupants request. Thirteen violations were noted and a compliance order was given to the owner/occupant, Anne P. Eutledge. Because of several structural problems, it was recommended that the owner have a Structural Engineer inspect the building and give an opinion as to its structural integrity. Mr. Gregory J. Duerr, P.E. of Structural Design Assoc. visited the property and then came into City Hall with Ms. Rutledge. He stated to me that the building needed extensive repair. No repairs or corrections have been made to date and the owner, and tenant at that time, have moved out. The water was ordered shut off for non-payment on October 19, 1993. A balance is owed of $870.97. Several complaints from neighbors were received and police reports involving break ins on the property necessitated having the structure boarded up by our Public Works Dept. The cost for labor and material will be certified to the taxes. RECOMMENDED MOTION: Move that there is adequate evidence as outlined in the attached order, findings' of fact, and conclusion of the City Council, to find the structure at 3909 Polk Street is hazardous and in violation of the law and that the city council orders the existing structure to be razed, demolished and all parts of the former structure removed, including concrete slabs and foundations, as prescribed in the attached order, and that the Mayor and City Manager are directed to execute the order on behalf of the City of Columbia Heights. COUNCIL ACTION: STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT In Re: Hazardous Building at 3909 Polk Street (that part of Lot 31, lying Northeasterly of the following described line: Commencing at the most Northerly corner of said Lot 31; thence Southwesterly along the Northwesterly line of said Lot, a distance of 50.5 feet to the point of beginning of the line to be described; thence Southeasterly along a line parallel with and 50.5 feet Southwesterly of the Northeasterly line of said Lot to the South line of said Lot 31 and there terminating, Block 1, "WALTON'S FIRST SUBDIVISION OF RESERVOIR HILLS", Anoka County, Minnesota.) ORDER The above matter came on for public hearing at a regular meeting of the City Council of the City of Columbia Heights at 590 40th Avenue N.E., Columbia Heights, Minnesota, on the 2$th day of April, 1994, at 7 p.m. Notice was given to all owners, owners of record, and lien holder(s) of record as required by statute. Upon hearing the evidence in the matter, the City Council made its: FINDINGS OF FACT A. That on April 1, 1993, Evelyn Nygaard, a representative of the Columbia Heights Building Department, inspected the real estate located at 3909 Polk Street, N.E., within the City of Columbia Heights and owned, according to records available in the Anoka County Recorder's Office, by Brian G. Larson and Karen Ensor Larson, as joint tenants, taking title by Warranty Deed, filed December 13, 1989 as Document No. 875252. B. The City of Columbia Heights has for several months attempted resolution of the hazard. C. Based on such inspections, the following conditions and violations of the City's Zoning Ordinance were found, to wit: 1. There are several gas connections which are improperly installed, using faulty material (Uniform Mechanical Code 504(c)). A portion of the floor assembly was improperly installed, is cracked and bowed requiring immediate repair (City Code 5A.205 (c). The foundation evidenced large cracks. Support columns under floor assembly were in contact with the dirt floor and evidenced severe dry rot (City Code 5A.205 (a) & (g)). Rodent infestation was evident (City Code 5A.205 (d)). Windows, doors trim, soffit and facia are deteriorated and show extensive dry rot (City Code 5A.205 (a) & (b)). Improper wiring throughout the structure. Code 5A.203(1) (d)). (City The basement stairway has several bottom treads missing and lacks any kind of guardrail/handrail (City Code 5A.201(1) (g)). The roof shows deterioration of covering, rot in the exposed wood areas and the ceilings show staining for water leakage (City Code 5A.205(1) (a) (c)). e The plumbing needs to be corrected to provide venting of all fixtures. Ail fixtures should be properly trapped to prevent sewer gas from coming into the structure. An open sewer line was noted in the dirt floor of the basement (Minnesota State Plumbing Code 4715.0200 (E, F, G, I, M, 05); 4715.0320, subj. ~3; 4715.0340). 10. A new furnace was installed without a permit nor has any proof of testing, as required, been offered (Uniform Mechanical Code Section 301(a)). 11. The siding is seriously deteriorated and cracked in numerous places (City Code 5A.205 (1) (a)). 12. 13. The property lacks the required paved parking pad of no less than 9' x 20' A driveway to the parking pad must be maintained (city Code 5A.208 (1) (a) , (b), (c), (e), (f)). The house is not fit for human habitation and is a hazardous building and hazardous property because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. CONCLUSIONS OF COUNCIL A. The structure is hazardous because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. B. The structure is hazardous due to structural hazards. C. The structure is hazardous due to lack of weather protection. D. The structure is hazardous due to hazardous electrical wiring. E. The structure is hazardous and is an attractive nuisance and hazardous to children in the area. F. The structure is not subject to repair, rebuilding, alterations or additions and must be razed, demolished and removed. ORDER The structure at 3909 Polk Street N.E. shall be razed, demolished and removed. The site must then be restored to a safe condition with fill as necessary. Such corrections shall be completed within forty-five (45) days of the service of this Order. A motion for summary enforcement will be made to the Anoka county District Court unless corrective action is taken or unless an Answer is filed within the time specified by Minn. Stat.§ 463.18, the cost shall be charged against the real estate as provided in Minn. Stat. § 463.21. Dated: Dated: BY ORDER OF THE CITY COUNCIL Joseph Sturdevant, Sr., Mayor CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager CITY OF COLUMBIA HEIGHTS Meeting of.' April 25, 1994 AGENDA SECTION: Public Hearings/Ordinances & ORIGINATING DEPARTMENT: CITY MANAGER Resolutions FIRE APPROVAL NO: 6 ITEM: ORDINANCE No. 1283 BY: Charles Kewatt BY: ~ ~ QUALITY STANDARDS ~ ~ DATE NO: , DATE: Apr 22, ~994 Open burn regulations issued by the Minnesota Pollution Control Agency have been rescinded due to a transfer of this regulatory function to the Depa,-izaent of Natural Resources ~NR). The DNR will allow, without permit, the burning of natural vegetation when the ground is snow covered. When there is no snow cover, burning can be conducted between the 6 p.m. and 8 a.m. when a permit issued by a DNR appointed Fire Warden. Residents may bum in a "burn barrel" and have "recreational frres" any time and during any season without obtaining a permit. Attached is a draft Ordinance No. 1283, an ordinance pertaining to Air Quality Standards. The Columbia Heights Fire Department recommends continuation of a policy prohibiting open burning, except as specifically authorized in this draft ordinance. The basis for our recommendation is preservation of air quality and minimization of fn'e hazards. The ordinance has been revised by the City Attorney's office and by the Fire Chief. Councilman Nawrocki's concern regarding barbeque grills is addressed in Section 8.402(2) as a permitted use. RECOMMENDED MOTION: Move to waive the Second Reading of the ordinance, there being amble copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1283, Being An Ordinance Pertaining to Air Quality Standards on Second Reading. 94-60 Attachment COUNCIL ACTION: ORDIN2~CE NO. 1283 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Heights does ordain: Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which is currently reserved, shall hereafter read as follows, to-wit: 8.402(1) Open Fire Burning. No person shall burn materials in an "open fire", that is, a fire burning outside the confines of a structure or container, or in a firebox which is designed to control and contain a fire, if the products of combustion create a visual or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8. 402 (2) Permitted Fires. A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit "recreation fires", without charge, provided the resident first provides notice to the Fire Department of its intent to have a recreation fire and there is no violation of the City's Air Quality Standards. A "recreation fire" means a fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance of five (5) feet from the base of the fire, there is a readily available and operable fire extinguishing device, and there is a responsible adult in continuous supervision at the fire. Violation of these "permission" requirements shall constitute a misdemeanor under the City Code. The Fire Department is authorized to permit a "festival bon fire", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fire may be imposed, such as the presence of fire department personnel and equipment, approving the location of the bon fire, and the presence of adult supervisors. The Fire Department is authorized to charge the permittee for actual expenses incurred in the monitoring of the permitted fire. CITY COUNCIL LETTER Meeting of: April 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES & ORIGINATING DEPARTMENT: CITY MANAGER'S RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: POOL/BILLIARDS HALL ORDINANCE BY: PAT HENTGES BY:E~~~ AMENDMENT DATE: 4-22-94 DAT NO: 6 F Attached please find Ordinance No. 1286 which proposes among things to allow the operation of a pool or billiard center within 200 feet of a church or school in the event alcoholic beverages are not served on the premises. Essentially, the proposed amendments also differentiate a pool or billiards hall from an arcade with the specific notation that the billiards pool, table tennis tables, etc. are non-coin operated; and, less than nine arcade games or devices as defined in the Arcade Ordinance may be made available on the premises. In discussing this ordinance with the Police Department, they have registered a genuine concern with problems other communities have had with pool halls. Specifically, the Police Department feels that the pool hall operations, though they have not specifically harbored any illegal activity, they have been from time to time been a congregation for individuals who have had active criminal histories. In discussing this matter with the City Attorney, a revocation of a pool hall license would have to be related to an o~-ner actually harboring or condoning a specific criminal offense on the premises. For example, an o~ner who knowingly allowed the transfer of stolen goods to occur on the premise or even harbored for a period of time a stolen item could be grounds for revocation. On the other hand, if two customers made arrangements to transfer stolen goods on the premises without the knowledge of the o~ner, then the City would have no grounds for revocation of the license. The latter type of circumstance appears to be common concern of the Police Department. Moreover, there is concern on the part of the Police that the distance exception of 200 feet may be legitimate grounds to "opening the door" to reducing the distance for other activities such as arcades. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1286, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt first reading of Ordinance No. 1286, and establish regular council meeting of May 23, 1994, as the second reading of the ordinance. ALTERNATIVE MOTION: Move to table the first reading of and refer ordinance to work session for additional discussion. COUNCIL ACTION: The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid or abate a public hazard an there is no practical alternative to dispose of the materials, under the circumstances existent at that time. City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. s.402(3) Fire Department Training. The Fire Department is authorized to conduct live fire training exercises which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect from and after the date of its passage and publication. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary ORDIN~CE NO. 1286 BEING ~ ORDIN'ANCE ]~,HENDING ORDIN~.NCE NO. 853, CITY CODE OF 1977v PERTAINING TO POOL HALL LICENSE REQUIRerS 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 shall operate or maintain a pool hall 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 commercial activity shall contain a statement indicating: (a) the nature of other licensed or proposed business or commercial activity, (b) the name of the licensee or license applicant for such a business, (¢) Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities, (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent separate business sharing the same premises. 5.402(3) Applications shall contain a statement of the number of pool tables to be utilized, and whether the tables are coin operated. 5.202(4) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and 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. 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 a conviction may be grounds for denial of said license application. 5.402(6) No pool hall 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 (b) 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, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) billiards/pool(not coin operated); (b) snooker(not coin operated); (c) bumper pool(not coin operated); (d) table tennis(not coin operated); (e) less than nine (9) arcade games or devices defined by 5.411(2)(b - e). as 5.402(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) 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; (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises; 5.402(4) 5.402(5) 5.402(6) 4.402(7) Applications shall contain a statement of the number of pool tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and 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. 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 grounds for denial of said license application. No pool hall licensed under this section shall be located within three hundred (300) feet of any school building or church, or, if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary Naa. e: Faddle~ Pool, Inc. Location: 4040 Central Ave. NE Physical Description: The design scheme is brass, oak and green. The room will be carpeted, oak paneling will be used on the walls. Brass accents such as, brass coach lights, will be used through out the room. There will be a "bar" area and seating areas. Coffee, juice and soft-drinks will be served. Food (hotdogs, small pizzas, microwave hamburgers, etc.) will also be served. Food consumption will be allowed only at the bar and adjacent seating area. High- lighted in Rink on the floor plan.'A pr? shop will be located in the storage/office area. The pro shop wall be equipped with a cue lathe, used for re-tipping and repairing cues. Used and new cues will'be available for purchase..Along with various other paraphan- .alia associated with pool, table tennis and darts. Philosophical Description:No one under 18 will be admitted, no exceptions, iD's will be checked. No profane, loud or abusive lan=~uage will be tolerated. Customers will be expected to conduct themselves in a mature manner. There will be no loitering outside the building, illegal activities will not be allowed. I believe in strict and impartial enforcement of these rules. Employees will be expected to anticapate trouble and stop it before it starts. It is very important to provide a safe and comfortable atmosphere. Women will be escorted to their vehicles after dark. Equipment: Pool Tables - 5ea. 4X8 ft. Doc! tables, 12eaJ 4 1/2X9 ft. pool tables, 2ea. 5X10 ft. billiard tables and lea. 6X12 ft. Shocker table. These are all top of the line Brunswick commercial tables. They are not coin operated and therefore not self-service. B~lls must be 'obtained from the counter attendant. The customer is charged for the ~mount of time they use the table. A computer is used to keep track of the amount of time the table is used and to calculate the amount the customer owes at the end of their rental session. Table Tennis Tables - There are four of these on the floor plan. They are Stiga Elite's, a professional grade table. They are not coin operated and are not self-service. Balls and paddles are provided by the counter attendant. Customers are charmed by the hour to play, just like the pool tables. .. Coin Operated Machines - There will be six machines. Two dart machines, two pinball machines and two video machines. One of the pinball machines will be an Eightbal~ Deluxe, one of the video machines will be a'1970's Donkey Kong. The main purpose for having these machines is to give our customers something to do while waiting for friends, Or a table to become available. Music - The ~usic will be at a background volume. Customers will be able to talk over the music, -not shout through it. There will either be a juke box or taped r. usic, jazz, soft-rock, easy l~stening, and country will be featured. The Owner: Amy Ferman ! have lived in the ~linneapolis/St. Paul area since 1968. I have been a homeowner in ~inneaoolis since 1986. I worked for NCR Comten from 9-10-79 until 2-11-94~ I do not drink, smoke or do drugs, and never have, I play on a woman's pool team. We are the 1993 Minnesota Woman's ~aster Te~m Champions and 1993 Valley International Woman's Master Team Champions. After working for the s~me company for 14 1/2 years,· I felt it was time for a change. I have been researching the poolrooms in the midwest area for several years. With the idea of opening a poolroom of my own. I have combined the good attributes of the poolrooms I have seen, with my own ideas, to come up with what I believe will be a outs~andin~ poolroou, and a asset to the '~"~ '-- ~ ne~g.,~or,.oo~, and business comnun~ty in which we locate. I am available to answer any questions you may have, and can be reached at D78-0738. . · Yy'address is 1039 20th Ave. SE, [~pls, 51n, 55414 CITY COUNCIL LETTER Meeting of: 4/25/94 AGENDA SECTION: PUB[.IC HEARINGS/ORDINANCES & ORIGINATING DEPART~MENT: CITY MANAGER NO. ITEM: RESOLUTION ADOPTING THE PERMANENT BY: M. Winson BY: . NO. RULES OF THE WETLAND CONSERVATION ACT DATE: 4/19/94 DATE: As of 1994, the permanent rules of the Minnesota Wetland Conservation Act of 1991 went into effect. This Act regulates filling and other activities within wetland areas. Columbia Heights is almost fully developed and the few remaining wetlands are well defined, the Act has very little effect on the City. The Act does require that a City determine if they will be the Local Government Unit (LGU) for implementing the rules of the Act or to allow the local Watershed District or Management Organization to act as the LGU. The LGU is responsible for making determinations related to wetland activities within its boundaries. The attached Resolution established the City as LGU for wetland activities within the City. REcoMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- being a resolution adopting the permanent roles of the Wetland Conservation Act of 1991 and establishing the City as the LGU for implementing the Wetland Conservation Act. MAW.'jb 94-234 Attac. tune~t COUNCIL ACTION: RESOLUTION NO. 94- ADOPTION THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT WHEREAS, the Minnesota Wetland Conservation Act of 1991 CC/CA) requires local government units (LGUs) implement this law by adopting the roles and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining and filling; and WHEREAS, the BWSR is requesting LGUs adopting the permanent roles of ~ WCA to notify them of the LGU decision regarding adoption; and WHEREAS, the LGU is responsible for making WCA determinations for landowners; and WHEREAS, the City of Columbia Heights is a technical sub-unit of government capable of making determinations and developing replacement plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL for the City of Columbia Heights, County of Anoka, that it hereby accepts the responsibility as the LGU for the WCA within the legal boundaries of Columbia Heights as of April 25, 1994, within the guidelines as set forth by the WCA and roles. Dated this Offered by: Seconded by: Roll Call: __ day of ,1994 CITY OF COLUMBIA HEIGHTS, MINNESOTA By: Joseph Sturdevant. Mayor Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the foregoing resolution is a Irue 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 25th day of April, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: April 25, 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES & ORIGINATING DEPARTMENT: CITY MANAGER'S RESOLUTIONS MAYOR/CITY MANAGER'S APPROVAL NO: 6 ITEM: NORTH METRO MAYORS ASSOCIATION BY: PAT HENTGES BY:E~ LEGISLATIVE INITIATIVES FOR THE 1994 DATE: 4-22-94 DAT SESSION NO: 6 H. Attached please find a resolution outlining support for the North Metro Mayors Association 1994 Legislative Initiatives. City Council previously received a report on the proposed initiatives at the beginning of the 1994 session. The proposed resolution essentially serves as a confirmation to the original slate of items. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- .., there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- , being a Resolution Regarding North Metro Mayors Association Legislative Initiatives.~ .~~ RESOLUTION NO. 94 - NORTH METRO MAYORS ASSOCIATION LEGISLATIVE INITIATIVES FOR THE 1994 SESSION WHEREAS, the North Metro Mayors Association is comprised of the fo]lowing cities: Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Circle Pines, Columbia Heights, Coon Rapids, Crystal, Dayton, Ham Lake, Minneapolis, MCDA, New Brighton, New Hope, Oak Grove, Robbinsdale and Spring Lake Park WHEREAS, the North Metro Mayors Association, for the past two years, has aggressively worked with members of the State Legislature to address the problems of the North Metro area, and WHEREAS, WHEREAS, Representative Myron Orfie]d has provided the initiative with his in-depth studies of the area's demographics, and this data provided for the basis of the legislative initiatives he introduced and pursued during the 1993 Legislative Session, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, the North Metro Mayors Association, in 1993, unanimously supported Representative Orfield's legislation of Comprehensive Choice Housing, Transportation, and Agricultural Preserve, and the above referenced bills passed the Legislature however the Governor vetoed the Comprehensive Choice Housing and Transportation legislation, and Representative Orfield re-introduced the Comprehensive Choice Housing and Transportation legislation in 1994 along with initiatives to provide communities with additional resources to address their housing needs which includes - but is not limited to - the problems of blight and housing in need of rehabilitation, and Representative Orfield's method of providing the additional resources is by capturing the value of higher priced homes and placing the generated funds into fisca] disparities, and Resolution No. 94- page 3 Support the Sustainable Development legislation #2126) which establishes a task force to study State land use planning, Oppose any changes'to the current fiscal disparities law, Urge the members of the Legislature and the Governor to come together, in a bi-partisan effort, to resolve these issues during the 1994 Legislative Session which are urgent and necessary to the well being of the citizens of the metropolitan area. Recognizing that if the divergent parties can come to agreement, the Association would accept such legislation as long as the goals address the housing and transportation needs of the North Metro area. Passed this 25th day of April, 1994. Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITy COUNCIL LETTER ~eeting of : April 25, 1994 AGENDA SECTION: ORDINANCES/RESOLUTIONS ORIGINATING DEPT.:I CITY MANAGER NO: 6 CITY MANAGER'S APPROVAL CITY MANAGER'S BY: PAT HENTGES BY:C~ ITEM: ESTABLISHING NO: WAGES AND COMPENSATION ~.!e DATE: APRIL 22, 1994 The City Council has evaluated the performance of the City Manager and found it to be above satisfactory. Based on discussions at recent work sessions, the attached resolution is before you. It would result in a change in annual salary of the City Manager from $72,000 to $75,000 effective January 1, 1994. The City Manager would continue to receive a car allowance of $250 per month, and would continue to earn vacation, holidays, sick leave, and deferred compensation and receive medical insurance payment at the rate for all other non-union essential and confidential employees. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- ample copies available to the public. , there being RECOMMENDED MOTION: Move to adopt Resolution No. 94- Wages and Compensation. , Establishing City Manager's COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 94- RESOLUTION ESTABLISHING CITY MANAGER'S WAGES AND COMPENSATION WHEREAS, Patrick Hentges was appointed to position of City Manager pursuant to the terms and conditions of Resolution 93-11; and WHEREAS, the performance of the City Manager was evaluated and determined to be above satisfactory; and WHEREAS, Resolution 93-11 provided, that subject to a satisfactory review, the City Council may adjust the base salary of the City Manager, plus may grant performance merit pay. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Manager shall be compensated at an Annual Rate of $75,000 retroactive to January 1, 1994; and the car allowance shall continue at $250 per month. 2. The City Manager shall continue to earn vacation, holidays, sick leave, and deferred compensation, together with medical insurance payment at the rate for all other non- union essential and confidential employees. Passed this day of April, 1994. Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of :April 25, 1994 AGENDA SECTION: ORDINANCES/RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER' S APPROVAL ITEM: RESOLUTION RE: HOUSE. FILE 3636 BY: LINDA MAGEE BY: ~~ NO: & NEED FOR RETENTION OF LOC~AL__~ F~ANCHISE REQUIREMENTS~-~ DATE: APRIL 22, 1994 House File 3636, currently under consideration by congress, authorizes the entry of alternate video providers into the delivery of video services market. As the technologies of cable television and telephone continue to merge, the Federal legislative goal is to foster competition by permitting all telecommunication providers entry into alternative markets (phone companies into cable, cable into phone, etc). Currently, phone is regulated at the state level, video (cable) at the local level by franchise. The attached resolution reminds legislators that while competition is welcome, all video providers should be required to operate with a Franchise issued by the City. At their meeting of April 21, 994, the Columbia Heights/Hilltop Cable Communication Commission passed a motion recommending adoption of the resolution by the Columbia Heights City Council. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 94- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- ; being a Resolution Regarding House File 3636 and the Need for Retention of Local Franchise Requirements. COUNCIL ACTION: RESOLUTION NO. 94- RESOLUTION REGARDING HOUSE FILE 3636 AND THE NEED FOR RETENTION OF LOCAL FRANCHISE REQLtlREMENTS WHEREAS, the City of Columbia Heights, Minnesota ("City") has reviewed House File 3636 regarding a national communications infrastructure for telecommunications and competition; and WHEREAS, the City is concerned that House File 3636 must be carefully evaluated to ensure the preservation of local jurisdiction over cable television services; and WHEREAS, the City believes that the public has benefitted' significantly and has been served through local regulation, that local regulation has evolved over a period of time, after considerable public expense, to ensure that cable television is responsive to local needs; and WHEREAS, in Minnesota, a carefully planned and drafted State Cable Act (Minn. Stat. Chapter 238) has served to guide and promote the development of cable television; and WHEREAS, Minn. Stat. § 238.01, the Declaration of Legislative Findings and Intent, provides in pertinent part the following provision which we believe to be relevant for consideration by Congress in enactment of House File 3636: the Legislature of the State of Minnesota has determined that while cable communications serve in part as an extension of interstate broadcasting, that their operations also involve public rights-of- way, municipal franchising, and vital business and community service, which are of state concern; ... that the municipalities and the state would benefit from valuable educational and public services through cable communications systems; that the cable communications industry must provide the opportunity for minority participation and benefit which its diversity promises; ... that the cable communications industry is in a period of rapid growth and corporate consolidation and should proceed in accord with regional and statewide service objectives; ... WHEREAS, the City believes that based on the legislative intent of Minn. Stat. Chapter 238, as well as mandated policies and procedures under Chapter 238, municipalities have joined with other municipalities throughout Minnesota to create arrangements, on a negotiated basis with cable operators, to ensure that the legislative intent of Chapter 238 is met; and WHEREAS, the City desires that the franchising structure that has been devised and developed over time in the State of Minnesota be retained. NOW, THEREFORE, in a regular meeting of the City, it was resolved as follows: 1. That the Congressional delegation serving the State of Minnesota must be informed of the nature and extent of the City's concern that local regulation and oversight of providers of technology for receiving, amplifying, transmitting, or otherwise distributing video signals or programming or other new video, data, and interactive services must be continued. That House File 3636 must include adequate safeguards to ensure that municipal regulation is retained. That the City will make this Resolution available to the Minnesota Congressional delegation, adjoining communities and other interest groups including the League of Minnesota Cities, the Metropolitan Council, and other applicable Minnesota associations and organizations. Passed this Offered by: Seconded by: Roll Call: _ day of , 1994. Jo-Anne Joseph Sturdevant, Mayor Stud~ · ncll Secretary NOW, THEREFORE, in a regular meeting of the City, it was resolved as follows: That the Congressional delegation serving the State of Minnesota must be informed of the nature and extent of the City's concern that local regulation and oversight of providers of technology for receiving, amplifying, transmitting, or otherwise distributing video signals or programming or other new video, data, and interactive services must be continued. That House File 3636 must include adequate safeguards to ensure that municipal regulation is retained. o That the City will make this Resolution available to the Minnesota Congressional delegation, adjoining communities and other interest groups including the League of Minnesota Cities, the Metropolitan Council, and other applicable Minnesota associations and organizations. Passed this day of , 1994. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of : April 25, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPT.: CITY MANAGER NO: 7 CITY MANAGER' S APPROVAL NO: GRANTING A STAY OF ANY REFUND~ ~ & ROLLBACK REQUIREMENTS '~F~ DATE: APRIL 22, 1994 At their meeting of February 28, 1994, the Columbia Heights City Council adopted Resolution 94-10, Regarding Regulation of Rates Charged for Basic Cable Service and Related Equipment, which ordered reduction of rates and refunds to subscribers. In response to this, Meredith Cable filed a Petition for Review of Rate Order with the Federal Communications Commission (FCC) and accompanying Emergency Petition for Stay which is required to be filed simultaneously with the Petition for Review. City Staff subsequently requested of Meredith Cable their plan for compliance with the City's order and their refund plan. In response to this, Meredith Cable submitted the attached letter, dated April 20, requesting a stipulated stay of enforcement of the rate regulation resolution and order, along with their proposed refund plan. At their meeting of April 21, 1994, the Columbia Heights/Hilltop Cable Commission reviewed Meredith's request for a Stay and their Refund Plan. Based on discussion of the ' Commission and recommendation of the City's Attorney for Cable, the Cable Commission passed a motion to recommend to the Columbia Heights City Council approval of the refund/ credit plan as outlined in the letter of April 20, 1994 from Kevin Griffin, President and General Manager of Meredith Cable, and furthermore, to take no action as to the request for the stay of enforcement of the Rate Regulation Order. RECOMMENDED MOTION: Move to approve the refund/credit plan as outtined in the letter of April 20, 1994, from Kevin Griffin, President and General Manager of Meredith Cable, and to take no action as to the Request for the Stay of Enforcement of the Rate Regulation Order. COUNCIL ACTION: Meredith ' li Cable Kevin C. Griffin President & General Manager 934 Woodhill Drive Roseville, MN 55113 (Fax) 612/483-9184 612/483-3233 Apr# 2O, 1994 Ms. Llnda Magee Columbia Heights/Hilltop Cable Commission 590 40th Avenue NE Columbia Heights, MN 55421 Re: Request for Stipulated Stay of Enforcement of Rate Regulation Resolution Dear Llnda: We have previously advised you of our desire to work expeditiously with your Commission to enter into a Stipulated Stay of Enforcement of your Rate Regulation Order. We have now filed our Petition for Review of Rate Order with the Federal Communications Commission ("FCC') and accompanying Emergency Petition for Stay which is required to be filed simultaneously with the Petltlon for Review. It remains our desire to work with the Commission and its Staff and Legal Counsel to effectuate a Stipulated Stay. This letter outlines our proposal In greater detail after discussions with the Commission's legal counsel. Proposed Refund and Evidence of Financial Strength Protects All Parties. As a condition of a stay, Meredith/New Heritage ("Meredith") would agree to make any refunds that would ultimately become due to its subscribers to the classes of subscribers set forth below. In general, subscribers will receive a one-time credit reflecting the cumulative overcharge (less any offset for recoverable undercharges, if any) for the period beginning September 1, 1993 pursuant to Section 76.942(a) of the FCC's Rules. Meredith Is willing, as a condition of the Stay, to define classes of subscribers as follows: Subscriber A~ All customers who were Basic Service subscribers on April 20, 1994, and who discontinued service prior to effective date of any refund required following final action by the FCC. Subscriber B: All customers who became Basic Service subscribers after April 20, 1994, and who are still subscribers on the effective date of any refund required following final action by the FCC. Subscriber C: Ali customers who were Basic Service subscribers on April 20, 1994, and who are still subscribers on the effective date of any refund required following final action by the FCC. Ltr./Magee April 20, 1994 Page Two Subscriber D: Ali customers who become Basic Service subscribers after April 20, 1994, and who discontinued service prior to any refund required following final action by the FCC. Subscriber E: All customers who were subscribers in one Meredith system prior to April 20, 1994, who have moved or will move, to become a subscriber in another area served by Meredith. The Subscriber A Class would receive a refund check for any amounts to be refunded prorated from September 1, t993 to their discontinuation of service. The Subscriber B Class would receive a one-time credlt on their cable bills prorated from the date of commencement of their service to the date of any required refund. The Subscriber C Class would receive a one-time credit as well. The Subscriber D Class would receive a prorated refund check upon request for the months in which they had service after September 1, 1993. The Subscriber E Class will receive a credit upon request, based on their pro rata time as a customer in each of the respective Meredith systems. The refund credit pool will be calculated such that all amounts required to be refunded shall be distributed to one of these Classes of subscribers. Further, Meredith will, at its expense, publicize the fact that It is accruing this refund #ability and advise all current subscribers that they are Included in the class, that should they move before the appeal Is resolved, they should leave Meredith a forwarding address so they can receive any refund If the appeal Is unsuccessful. Publication shall Include notices In a bill stuffer or cable subscriber newsletter; a notice In a publication of general circulation within the communities; and possibly City newsletters and/or Government Access. Thus, Meredith's cable customers will obtaln the entire benefit of the rate reduction ordered in the event It Is affirmed on appeal. Meredith has also provided the Commission Staff and its Legal Counsel with evidence of financial ability to malntaln operations In the even~ a refund is ordered. Enclosed ls a copy of a letter from Meredith's Bank Facility outlining its acknowledgement of the ongoing rate regulation proceedlngs and the available line of credit in the event a refund Is ordered and credited to subscribers with an attendant cashflow impact on operations. II. Merits of the Appeal and Irreparable Harm. As more fully set forth In Its Emergency Petition for a Stay filed with the [:CC, Meredith respectfully believes that it has a likelihood of prevailing on the merits. Even the Commission's Legal Counsel has acknowledged that reasonable people can differ over the application of the FCC Rules. In requesting this Stipulated Stay, Meredith believes It would suffer Irreparable Injury If compelled to reduce its rates to refund claimed overcharges while its appeal Is pendlng. In the event Meredlth prevails, there would be no mechanism for Meredith to recoup the money it would have lost If compelled to roll-back rates and make refunds which are ultimately struck down. As previously noted, there Is no risk to the Commission and to cable subscribers if Meredith's appeal falls. Refunds will be made retroactively In a manner which benefits all current and future subscribers. Ltr./Magee April 2O, 1994 Page Three IlL Common of Refund. Commission Staff and Legal Counsel have raised certain questions regardlng computation of the refund. First, this is to advise you that the portion of sales tax which was pald on refunded amounts would also be refunded with a sales tax credit sought from the State of Mlnnesota. Second, Meredith would be willing to work with the Commission concerning the franchise fees paid to the commissions from September to December of 1993, which must be Included in any cash refund. We would be willing to deduct from future franchise fee payments. Thlrd, consistent with FCC rules, Meredith will apply an interest rate of 7% for overcharges and 6% for undercharges (If any), to mlnimlze any Impact on commission cashflow and to minimize administrative burdens on the Commission. IV. ~ed consideration of Stipulated Request for a Stay. We would ask the Commission to expedite its action on this request for a Stipulated Stay. Expedited action will avoid the Commission incurrlng expenses In responding to the FCC Emergency Petition for a Stay. As a part of a Stipulated Stay, Meredith would, of course, withdraw Its Emergency Petition to the FCC. We recognize that the next Commission meeting Is scheduled for April 21, 1994. We are prepared to work with Commission Legal Counsel and Staff to prepare a draft Resolution for consideration by the Commission. We would be happy to answer any questions before or at the Commission meeting. If you have any questions, please do not hesitate to contact me at 483-3233. Respectfully submitted, KCG/grs Enclosure cc: Tom Creighton THETORONTO-DOMINION BANK U.S.A, Division 31 West 52nd Street New York, N.Y. 1 001 9-61 01 Telephone No. (212) 468-0717 April 19, 1994 BANK LE'IWER To whom it may concern: · ~T,e Toronto-Dominion Bank USA is a division of The Toronto-Dominion Bank, one of the largest banks in Canada with US$64.4 billion in total assets. We are one of the premier lending institutions to the communications and media industry including significant commitments and loans outstanding to cable television. We have represented Meredith/New Heritage Associates Strategic Partners L.P. ("New Heritage" or the "Company") as their lead bank since 1991, and are currently. Agent for their $138,000,000 credit facility (the "Bank Facility"). As such, we have over nme monitored and analyzed the financial and operating performance of the Company. While recent FCC rules regulating rates have adversely impacted cash flows of all cable companies, New Heritage has kept us fully approsed and recognized the need to respond to these changing conditions. New Heritage has $3,500,000 available on their current credit line upon which they could draw for operational purposes. Please feel free to call me at (212) 468-0717 if you have any questions. Sincerely, // A q . Melissa S. Glass Director Communications Finance CC: David Lundquist, Meredith/New Heritage Loran Schiltz, Meredith/New Heritage CITY COUNCIL LETIER Meeting of: 4/25/94 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 8 PUBLIC WORKS ITEM: REJECTION OF PLAYGROUND EQUIPMENT BY: M. Winson f~Trfrt~ BY: DATE: 4/21/94~ DA HILLTOP PARKS This item was originally brought to the Council at the April 11, 1994, meeting and was tabled for further review by staff. Based on further review with regard to ADA requirements, staff is requesting that the Council reject the current bids and allow staff to obtain new quotes for playground equipment at Edgemoor, Keyes and Hilltop Parks that would meet ADA accessibility requirements. It is expected that we would have new quotes for consideration by the Council at the May 9th meeting. RECOMMENDED MOTION: Move to reject the current quotations for playground equipment at Edgemoor, Keyes and Hilltop Parks and direct staff to obtain quotes for equipment meeting ADA accessibility requirements. MAW:jb 94-240 COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: APRIL 25~ 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 FINANCE APPROVAL ITEM: INSURANCE COVERAGE FROM BY: WILLIAM ELRITE B~~2-,,.,,' s/9/94-5/9/95 NO.: ~-~ DATE: APRIL 18, 1994 In 1993, the City obtained formal quotes for the renewal of the City's property insurance, general liability, liquor liability, and police professional coverage. The request for insurance quotations was mailed to 18 different insurance agencies, and two insurance agencies, American Agency (the City's current agent) and Alexander & Alexander, became highly involved in seeking quotes on the City's insur~xnce coverage. The only quotes that were received for the property and general liability coverage were from USF & G and the League of Minnesota Cities Insurance Trust because other insurance companies are not writing municipal insurance in the State of Minnesota. At the present time, there appears to be only three insurance companies writing municipal general liability coverage: the League of Minnesota Cities Insurance Trust, St. Paul Companies, and USF & G. Finance Department staff surveyed several surrounding cities, and with the exception of Edina, who has their coverage with St. Paul Companies, all of the surrounding cities are insured through the League's Insurance Trust. The City's insurance agent received a quote from USF & G and the League of Minnesota Cities. He also contacted St. Paul Companies, who responded that their rates were not competitive with USF & G. Attached is the information related to the proposed coverage. Staff recommends property damage, general liability, and auto liability through USF & G, and to switch the police professional coverage from Western World to Scottsdale Insurance Company. Scottsdale has a much broader coverage: both civil rights and punitive damage type coverages which were excluded from the Western World policy. The other significant difference is that Western World has a $500 deductible and Scottsdale has a $5000 deductible; however, the premium quote from Scottsdale for broader coverage is $2,000 less than Western World. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5/9/94-5/9/95 as quoted in their proposal with USF & G for property, liability and other small coverages, with Scottsdale for police professional liability, and St. Paul Companies for liquor liability at an annual premium of $157,666. ALTERNATE RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5/9/94-5/9/95 as quoted in their proposal with USF & G for property, liability and other small coverages, with Scottsdale for police professional liability, and St. Paul Companies for liquor liability at an annual premium of $157,666. In addition, the City Council authorizes including public officials liability coverage at an annual premium of $11,108 with a deductible of $10,000 per loss. WE:dh/9404183 Attachment COUNCIL ACTION: ~ 0 CO -,- 0 ::::::::::::::::::::: CD (D ......... ~!! ~ 'CD o o CD ::::?ii 0 :~i:::::::~~ ~ ::~:::. o 8 ......... April 1~ 1~ 612 59~275~ 1~'. D~ve American Asency, Inc. S8~1 ~ ~ Road St. louis Park, lvIN $5416 Subject: City of Columbia Heights 05/0S/93 ~uote Dear Dave: ,. Thank you for submittins the above mentioned account to review for a quote, your agency. Our 'lXtclng t~ not competitive wtth the lnmrance program of the~ current I will send you the liquor liability 2'er~w~ in the near future. ' Thank you for considering St. Paul Companies as a market. Please give me · telephone call at 221-B456 if I can be of further assistance. Sincerely, ! ...... ,,,,,,;: ,,,,: ,~j.'.', ... ,. ' . .. St l~ul Fire & Maflne Ins. Co, Mall Code: '506D . St. Paul, MN 55102-1396 .. Lynch, Upp~ Midweit Scrvicc Center 1~.O. Box Minneal~olis, MN 3D~ I ($11) .~$.1~0 · Fax (612) April 12, 1994 Mr, William Elrite City of Columbia Heights 590 - 40th Avenue Columbia Heightl, MN Dear Bill: is m understanding the League of Minnesota i~ increa.~ing If 2ou were insured with them, 7our total premium including liquor would then be about $20~,000, Please let me know t! 2ou have any questions. Yours very truly, DWS/ro Ce:~ La~ R~ ~,ox 16527 ~N .5~ 16-0.527 Fax (~12) April ~, 1994 ar. William ~lrite City of Columbia Ueights 590 - 40th Avenue Columbia Heights, Dear Bill: The breakdown ~ollows: the packaie Property General Liability Automobile Crime Car~o Computer Co~tractors ~quip~ent Valuable Papers Total als ,?00 a00 I 300 Please let me kzow iS you have any questions, Yours very truly, David W. Seppelt American Agency, Inc. 5851 Cedar Lake Road P,O. Box 16527 Minneapolis, MN 55416-0527 (612) 545-1230 · Fax (612) 593-8733 March 30, 1994 Mr. William Elrite City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Re: Police Liability Dear Bill: We quoted the police liability with two companies - their quotes are as follows: Scottsdale Insurance $500,000.00 - Limits and annual aggregate $ 5,000.00 - Deductible including loss adjustment $ 15,464.00 - Annual premium $ 16,546.00 - Annual premium with punitive damages Western world .$500,000.00 - Limits and annual aggregate '$ 500.00 - Deductible each claim $ 17,134.14 - Annual premium $ 18,847.40 - Annual premium with failure to arrest I am enclosing a sample policy for each. if you have any questions. Please let ae know Yours very truly, David W. S~epp~]~t DWS/ro Enclosure LIQUOR LIABILITY, De.scr intion.: Limits of Liabilit.v: Liquor Liability covers liability as may be imposed upon the insured under State law due to the selling, giving,. or bartering of intoxicating liquor on or off the insured's premises. 500,000 500,000 Bodily Injury, each person Aggregate Premium Basis - subject to audit $ 5,400,000 pREMIUM SUMMARY 1994 PACKAGE $118,597.00 POLICE LIABILITY $ 17,134.14 LIQUOR LIABILITY $ 21,000.00 FIRE DEPT. AMBULANCE $ 1,522.90 $112,095.00 16,891.06 17,050.00 1,522.90 TOTAL $158,254.14 $147,558.96 American Agency, Inc. 5851 Cedar Lake Road P,O. Box 16527 Minneapolis, MN 55416-0527 (612) 545-1230 · Fax (612) 593-8733 PROPOSAL FOR: CITY OF COLUMBIA HEI"GHTS 5--9--94 TO 5-9-95 NOTE: The following is a brief outline of coverages. The policies should be reviewed for details of coverages, limitations and exclusions. PROPERTY SCHEDULE CAUSE OF LOSS Basic Form: Fire, Lightning, Explosion, Windstorm or Hail, Smoke, Aircraft or Vehicles, Riot or Civil Commotion, Vandalism, Sprinkler Leakage, Sinkhole Collapse, Volcanic Action. Broad Form: Basic Form coverage plus - Breakage of Glass, Falling Objects, Weight of Snow, Ice, or Sleet, and Water Damage. Special Form: Risks of Direct Physical loss, unless excluded or limited. LOCATION City Property Liquor Stores Computer Equipment PERSONAL PROPERTY Blanket $17,132,926 Blanket $ 1,630,178 $ 555,000 Deductible : Replacement Cost Agreed Value $1,000 VALUABLE PAPERS Valuable Papers and Records consist generally of written, printed or otherwise inscribed documents and records, including books, maps, films, drawings, abstracts, deeds, mortgages, manuscripts, electronic data processing media, but not money and securities. Limit of Liability: $100,000 Deductible: $ 5oo ,INLAND MARINE Inland Marine coverage is designed to protect personal propert~ of a movable nature or of a nature wherein common hazards are not regularly diminished by adequate natural barriers. Coverage Form Limit of Liability $ ~s,?so Beer, Wine & Liquor Deductible $ soo CONTRACTOR' S EQUIPMENT,, $1,752,9?0 $ ~,ooo Limit of Insurance Deductible Broad Cause of Loss (Direct physical "loss" to covered property) Specific Cause of Loss COMMERCIAL GENERAL LIABILITY The "0ccvrrence" policy provides coverage for injury or damage that occurs during the policy period, regardless of when the claim for injury or damages is first made. LIMITS OF LIABILITY: General Aggregate Limit Products Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit Cany one fire) Medical Expense (any one person) $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ so, ooo $ 5,ooo COVERAGES Premises/Operations Liability Products/Completed Operations Liability Contractual Liability Broad Form Property Damage Host Liquor Liability Incidental Medical Malpractice Non-Owned Watercraft Limited Worldwide Liability Extended Bodily Injury pUBLIC ES{POYEES BLANKET BOND Public Employees Blanket Bond: The insurance covers loss due to {he dishonesty of employees, loss of money, securities and other property inside or outside the premises. The limit of liability applies to any one loss regardless of the number of employees involved. L~mit of Liability: Deductible: $ 0 100,000 BUSINES, S AUTO PQLICY Liability Insurance Personal Injury Protection Uninsured Motorists Underinsured Motorists Comprehensive Hired Auto Liability Non-Owned Auto Liability 600,000 per accident 30,000 aggregate 50,000 each accident $0,000 each accident 250 deductible ¢10~ on five fire trucks) 600,000 per accident 600,000 per accident 62 Units CRIME COVERAGE pescriotion: MONEY,,AND SECURITIES Covers within or away from the premises against loss of money or securities caused by destruction, disappearance or wrongful abstraction, except dishonesty of employees, war or forgery. Safe Burglary coverage, interior and messenger protection for the property other than money are provided. Limit of Liability: $ 10,000 $ 10,000 Deductible: $ 250 Inside Premises Outside Premises City Hall & Liquor Stores CITY COUNCIL LETTER Meeting of: 4{25{94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTjMENT: CITY MANAGER ITEM: AUTHORIZATION TO PURCHASE BY: M. Winson NO. BACKHOE ATTACHMENT FOR BOBCAT DATE: 4/19/94 Staff has budgeted $9,000 ($4,500 Sewer, $4,500 Water) for the purchase of a backhoe attachment for the Bobcat. This attachment will allow crews to do excavation in areas that normally can't be accessed by a backhoe. Additionally, this equipment lends itself to installing park equipment and trenching. There is only one local vendor for this equipment, Tri-State Bobcat, Inc. They have quoted a price of $5,450.00 plus tax (354.25). RECOMMENDED MOTION: Move to authorize the purchase of a backhoe attachment for the Bobcat from Tri-State Bobcat, Inc. of Shakopee, Minnesota, in the amount of $5,450.00 plus tax, funding to be from 601-49499-5180 and 602-49499-5180 and the appropriate sales tax funds; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 94-236 COUNCIL ACTION: CusTomer TRI STATE Quantity item end S/N Equipped as Stated Below WAR RANTY Trade Value / C~ Contract ~ Other ~ate Down Payment 0 None Term Balance Due ~ ~L C{.4 RI~ lgOO West Hwy. 13, Burnsville, Minnesota ~$337., (612)eg4-Ogg4 '~,_~;.~ CONDITIONAL SALES AGREEMENT T1~I STATE BOBCAT, INC. of Minneapolis, Minnes'ota, a~rees £o sell and ship the merchandise described above hereof subject to the following conditions: l. That the title thereto shall not pass from it to any other person, firm or corporation untg the fuLt purchase price, according to the te~s set forth nbove, and cost of collection. )f ~y. has been paid to itl 2. In the event the buyer sh~) be tn de~au~t in the pa~ent of any ~n~tallment due under this ~ntract, or ~ the perfo~ance of ~ny other condition which said contract requires h~m to perform tn order to obtain t]Ile to the property herein desc~bed, the unpaid balance of the purchase p~ce sh~i become ~mmediattqy due mad payable, and seller may (1) treat suc~ sa}e as completed ~d hold the buyer for the entire b~ance of the purchase pr[ce with interest and costs of col}action, or (2) ~ay retake po:es~on of such property ~d fore~ose th~ contract ~ the manner prey]dad by the laws of the s~a[e in ~htch said foreclosure is had. 3 That this instrument contat~ the entire understanding of both pa.[es and c~ be changed only by ~r~tten agreement, ~tgned by both', that this agreement shall become bind{ag upon the seller only %'hen ~ritten acceptance thereof, signed by a du~y author~ed officer of selJer at ~ bIlnneapolis office, has been sent or delivered to the purchaser; 4. That agents of the seller may collect ~r receive on]y the Qrs% payment of such purchase prtce to be ~ade ~h~n this [nst~emt [s executed, and only the receipt or ~ritten ~cknewled~ment of a duly authortz~ oMIcer of the seller shah be evidence of payment of the balance by the purcha5er; 5. The; ~cHer does not warr~t or ~arantee the mate~al or workmanship of the article so so]d but win execute the manufacturers ~'arrsn~le~ ~:th respect thereto ~ [~r as iT can; 6 That al} agreements of the se)let ~.ith reference to de]fve~ or shipman[ of s~d a~lcies are conUn~ent upon strikes, ~s or ~thcr deiay~ beyond s(.Hcr's contel, and it shah not h~ Hab]e tn any way to the purchaser for loss su~lned by reason thereof. Accepted by TRI STATE BOBCAT, INC. 04/18/94 t5:46 ~'B12 894 5759 TRI STATE BOBCAT 003 CITY OF COLUMBIA HEIGHTS l0 TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER APRIL 22, 1994 CITY MANAGER'S REPORT FOR APRIL 25, 1994 CITY COUNCIL MEETING 1) SHARED RIDE REPORT Attached are the ridership statistics for Shared Ride through March, 1994. If you have any questions, contact Linda Magee. 2) SECTION 8 HOUSING ASSISTANCE Be advised that the Metro HRA recently received a opinion from HUD that questions the Columbia Heights' HRA ability to withhold Section 8 assistance to tenants who are occupying a dwelling unit that does not have a city rental license. It appears that the Metro HRA is supportive of the City's position that an owner does not have an "inherent right" to rent his unit unless he has a rental license issued by the City. It appears that HUD is concerned that the cities will exclude Section 8 rental units from the community by enacting rental licensing standards that greatly exceed the HUD Section 8 quality standards. It is my understanding that the Metro HRA has asked HUD to further review this issue. The North Metro Mayors Association is closely monitoring this situation as many metropolitan communities are following suit with Columbia Heights in establishing rental licensing standards. Councilman Nawrocki represented the City at the Metro HKA meeting and could further speak to this issue. Enclosed please find background information attached hereto. 3) PUBLIC HOUSING LAWSUIT I previously submitted information regarding the Hotlman vs. Cisneros lawsuit that was brought several individuals and the National Association for the Advancement of Colored People (NAACP) as plaintiffs against the Secretary of Housing, Minneapolis Public Housing Agency, Minneapolis Community Development Authority, and the City of Minneapolis. The defendants are likely to attempt to add parties and claims to the lawsuit including the Metropolitan Council be joined as a defendant and that the local defendants may als0 assert their own claims against HUD. The implications of this suit could eventually result in development of public housing in the suburbs as follows: There is some precedent that suburbs would have to finance on their own new public housing opportunities Existing deteriorated public housing in Minneapolis would be redeployed to the suburbs. HUD would be required to finance a Met Council plan to construct new suburban public housing. At this point and time, cities like Robbinsdale and other North Metro Mayors Cities have been mentioned as suburban public housing possibilities. The parties involved in the suit have not distinguished between the "have" and "have not" suburbs. Unless some action would be taken, on the part of North Metro Mayor Cities to differentiate its housing/social/demographic condition, it is entirely possible that a federal court ruling could result in even a greater burden of low income housing in this part of the metro region. NMA is currently evaluating their options, including joint legal effort to enter suit. It appears that settlement of some nature will occur and it may be important for NMA cities to be at the settlement/bargaining table so as to protect our interest and the fallout from a likely dispersement of public housing in the metro area. NMA has also prepared a demographic and housing profile comparison of North Metro Cities to the balance of the metro region, A copy of this report is being prepared for the City Council and will be forwarded when it is received. 4) CITY OPEN HOUSE - TUESDAY, MAY 17, 1994 Final plans are being made for a city-wide open house to be conducted at the Municipal Service Center on Tuesday, May 17, between 4 p.m. and 7 p.m. Unlike previous years, all departments will be represented at the Open House. Please mark your calendars. 5) COUNTY SOLID WASTE ASSESSMENT FEE Be advised that Anoka County is working on a reduction to the municipal property assessment fees for solid waste. It is possible that the city will be receiving as much as a 40% reduction to the roughly $12,000 that was assessed on the city's various property tax parcels. Apparently, they are re-evaluating fee structure for park land, parking lots and other non-building type properties. I will keep the Council apprised of final adjustments to the fee. 6) LMC ANNUAL CONFERENCE Be advised that the League of Minnesota Cities Annual Conference will be held on June 7, 8, 9, 10 in St. Paul, Minnesota. If you haven't made arrangements to attend, please contact JoAnne Student. 7) COMPLAINT FORM I've enclosed copies of the City of Columbia Heights' complaint form. We typically use this form in routing a complaint to the various departments. If you find it helpful, you can write down addresses, etc. of complaints that you want followed up on ,and the staff will fill out the rest of the information. Please, however, submit the form to my office so that I can be certain that they're followed up on and routed properly. Alternatively, if you wish to continue giving me names and addressed, that is fine also. Please find in your box Monday a list outlining the status of various complaints that you have given to me over the past two weeks. 8) POLICE PERA PENSION CONSOLIDATION Be advised that everything is going smoothly on the consolidation of the Police Relief Association into PERA Police and Fire Plan. The consolidation is expected to be effective as planned on May 1, 1994. It is my understanding that nearly all retirees and all active members have chosen the PERA Plan. A July, 1994, actuarial will better define the City's 1995 savings as a result of the consolidation. 9) MHFA MIILTIFAMIL¥ HOUSING PROGRAM Attached please find a Request for Proposals (RFP) from MHFA for their low to moderate income rental program. The program is aimed at providing mortgage funds for the acquisition and rehabilitation on the new construction of multifamily rental units for low and moderate income Minnesota household. Many inner ring suburbs have been using this program to upgrade their Iow- rent, sub-standard, or troublesome rental units. Essentially, the cities have determined that by facilitating a purchase and/or upgrade of the units, the public sector can place improved management and operating requirements on the rental properties. It is entirely possible that elderly housing could also be structured into this program. Northern States Power has targeted $2 million dollars annually for investments of this nature in return for federal tax credits. Be advised that rent structures outlined in the new program maybe very similar or even higher than the rent structure that exists currently on many of these properties. What the public body has to deal with is the perception that we are creating more low and moderate income housing. 10) SPECIAL SHEFFIELD NEWSLETTER A special edition of the City Newsletter will be mailed in the last week of April and first week of May. The Newsletter will provide a status on the Sheffield redevelopment plans, and city-wide or Sheffield crime. The proposed newsletter will have a new format and look to it, as it has been prepared through Desktop Publishing. In the long term run~ this will likely save printing costs as the proposed drafts will be camera-ready for the printer. In the future, we would like to have three mailings that describe city program and service information. For example, three Newsletters would be for recreation sign-ups, announcements, significant departmental service information, or other information that would tend to be time-dated. The other one to three newsletters would be orientated towards a specific topic; for example, Sheffield, annual budget proposal, street rehabilitation, water system study, etc. The same newsletter could have mail-back surveys or qu6stionnair6s that could be used to gather public opinion or comment on a particular issue. 11) YOUTH ACTIVITIES TASK FORCE Please find a status report from Mark Casey regarding his participation in a Youth Activities Task Force. The task force was developed by the school district and community education approximately three months ago to look into the utilization and duplication of facilities and programs offered to school-aged children in Columbia Heights. 12) PARK TOUR CANCELLATION Be advised that the 5 p.m. April 27, 1994, Park Tour has been cancelled. Commission will meet and re-schedule another date. Park and Recreation 13) VALORIE GIFFORD RESIGNATION Be advised that Valorie Gifford is resigning her position as Special Projects Coordinator effective May 19, 1994. Val will be moving to Florida and we wish her luck in the future. CB 94/43 MsTROPOLITAN CO[ ]NCIL 612 29t-6359 TDD P.02 DA,TEl TO: FROM: SUB.IECT: April 12, 1994 Metro HRA Advisory Committee Thomas C. McElveen, HRA Manager City Licensing ol~ Rental Property BACKGROUND Rc~ontly w~ had a ~ituation ,,vhere a c. ity llcens~ was being required by the ~lumbia Heighm staff prior to be~naing ~tioa 8 ~tan~ on renal uni~ in their ~mmuni~. ~e particular case invo~'~ a prope~ that lind p~cd the Section 8 Housing Ouali~ I~ction and w~ ~nsidered ....... ct ~m~ Mth ~c mty s rental l~mmg rent reachable, o~er o[ ~e proper~ nan n ~ . . . - ~e ...... ~ -.:~- ~ ~ssistance until the ltc,~n~e w~ obtal~U. requiremen~ and the H~ re~ea ~m attach~ letter ~om HUD indicat~ that they are nut ~ fa~r of the Ci~ ot Metro HRA ein ~ueh ll~ing r~uiremenm bemuse such ~equirem<U may "unduly r~tficfl ~e choi~ e~t .. g ....... ~ ~ ~,o~ ~ab to the need for a homing authority to get their approval ol ~%lOB ~ pa~lc~pan~. beforo additional pro,am requitemen~ ~re ~o be aDpliefl in the admin~tmtion of the program. HUD's ~sition at thh time ~lumbla H~iihm m~t be d~eontmu~. ~ ~ue that m not ele~ to me ~ whether or not th~ o~er in the above situation meem the requiremen~ of an "o~er" under fMeral regulations. 24 C~ ~2.102 defin~ an ~aen or entity, including a ~operative, hav~g th~ l~gal right to l~e or subleae ~stmg ho~tng. ~ this e~e, under ci~ ordinan~, "no peaon, f~ ~r ~ation shall operate a rental dwelling in the Ci~ ~thout ha~g the ~W and the u~t ~p~ted, and found to M in ~mpSa~ ~th the [homing maintenance] ~de. In the a~sence of a l~ndng ~qukemeat, it ~ our practi~ to enfot~ only the ~etioa 8 Housing QuMity Standard, not a 1~t ho~g ~de, in determ~ing a unit's ellg~ai~ for participation in the pro,am. HUD w~ ~ ~kea to ularliy whether or not an owner in Columhla Heigha who flo~ not have a li~e ~ wquk~ by ci~ ~de ~ an 'owner' under ~e federal regulation, It ~uld be helpful to have the memM~ represent. Depending on ~'s ~sltioa, there may ~e brenner lmplicatio~ regarding the admh~t~atlon of the SeaSon ~ p~gram in the regiom Minneepolis, Minnesota 55401-?-1 wathy Kline, Program Operations Supervisor Metro HRA Mmsr~ park Centre 230 EaSt 5th Street Dear Ms, Sub]oCt: City T,~cenSl ~ of Rental Property It recently came to our attention that a city license was ~equired by the Columbia ~elghts HP~A staZf p~ior to bc~innln9 bei:~g '~y. Th~ Section 8 assistance on rental units in their comm. un~ red a ~roperty that ~ad passed the articular case z~vol ,_ ~- nsldered rent reasonabl~. P , '- in9 mctlo~ and was co . ' in thc t.[ous~n~ Quat~ty_ , ? ....... ~ ~nmedlments ro besxnn ~ . a duplex, had not yet compi~,~u ~ .... requirement~ and the ~5%k ref~.~smd to beqin Section 8 aSsistanCe u~til the license was obtained. This practice is problematic Eot a number of reasons. 1) Any additional sectlo~ $ requircment~ shou]d be adopted by the board, .in th~s case Ehe Metro MRA board, azzd submlt~ed to approval. Our approval is based, to a. %arge extent, on determination of whether tt%e requirmment(s) would ,unduly restrict" approval was the choices of Section 8 p~rticipants, No this additional program requirement. 2) In this case, obts~ned f~rn The a non-sectzO 8 renter would no5 b~ prohibltcd from n~ov~ng into the unllceumad property and would ~uf~er no p~naltY ~or doing so, city's enforcement is againsn an own~__~r wh° h~s v~o]ated the ordinance, not an occupant of ~n unli'censed property. In becoming an enforcement arm for the city, the H~h~s which, in addition to exceeding ' the ordmna~ ~ tO Section 8 renters, the H~ in .vlola~ion of mtsh~ fair prog[am retirements may put housmng l~w p~ohmbmtznq dzscrmm~nRtlon based on receipt of public assistance. , There are other ways that the ,~ partnership with c~t,y govez~ent in workzng to provide high quatzty rental housing. For example, the H~ mig~5 adopt wi!]. prov~dc th~ elty w~th coQies of requests for lease approval (Ri,As) so that they can dete~ine i~ the proper~y addition, the HRA could a~zise prospective Section Un~censed pzoperticm about ~he possible ccncequences of to live in such prope~h[QS- The [[~could also provide on ~he licenslzz9 p~oCe~S to la,nd~ords in thezr per~odzC landlord worksl~ops or in their landlord P.04 I hope this helps clarify our position. Tl,e current practice of requiring propert~..~ tO be licensed in Columbia Heights must be discontinued. We would be happy to discuss this matter further with you or with Columbia ~leights. If you have any questions please contact Betty Jones, 3~0-~195. Very ~nce re.,ly~Y ours, Dan I~ars~n, D~r~ Public Eousing Division Housing & Redevelopment Authority Pa~'icia Jindra B~tce Nawrocki Richard Dustin of Columbia Heights 590 N.E. 40th Avenue, Columbia Heights, MN 55421 TO: FROM: BRUCE NAWROCKI, HRA COMMISSIONER DATE: APRIL 18, 1994 SUBJECT: RENTAL ASSISTANCE PROGRAM(SECTION 8) REQUIREMENTS VERSUS CITY HOUSING MAINTENANCE CODE REQUIREMENTS As per your request today, I checked on the comparisons of the requirements of the Rental Assistance Program Housing Quality Standard with the City Housing Maintenance Code(HMC) requirements. The rental units must meet the City HMC requirements to be licensed. There several areas in which the city HMC is more stringent that the S8 HQS. Information on the S8 HQS and City PIMC is attached for your information. Some examples of contrast are cited below: 1. The S8 HQS do not require window screens in habitable areas. The city HMC does. See pages 6, 7, 15, & 20 of attached. 2. In the kitchen, the S8 HQS only requires a table and a portable storage cabinet for storage and preparation of food. The City HMC requires that each unit contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. See pages 8, 9, 18 of attached. 3. According to S8 HQS, units may have interior walls with minor holes in them. The City HMC requires "Every interior wall and ceiling shall be maintained in a tight weatherproof condition..." See pages 2, 3, 4, 6, & 20 of attached. 4. According to S8 HQS, security in units may be provided by working locks on windows and doors. The City HMC requires "Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort." See pages 6 & 19 of attached. There are several other instances that can be found in the attached. If you need more examples, please give me a call at 782-2855. Encl/cc: HRA Comm/~t~ lqa~ager Equal Opportunity Employer Equal Housing Opportunity Agency MINNESOTA ':-, . ......... ~ HOUSING ,~ - 6 i99A FINANCE AGENCY Date: April 5, 1994 To: Interested Parties From: Subject: M.J. Tero, Director Multi-Family DevelopmerJ~t/v LOW AND MODERATE INCOME RENTAL PROGRAM Attached is a Request for Proposals (RFP) for the above program. While the Low and Moderate Income Rental Program has been available since December, recently some revisions to the program were made. The revisions are intended to increase the scope of the program, allowing more flexibility and integration in the structure of the rents. The major change is to allow some units to have a rent that is 1.2 times the Fair Market Rent (FMR). Previously, the FMR was the limit for 75% of the units. A complete application packet is available by calling (612) 297-3294 or wdting to: Minnesota Housing Finance Agency Multi-Family Division 400 Sibley Street, Suite 300 St. Paul, MN 55101 Attachment 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecopier (612) 296-8139 TDD (612) 297-2361 Equal' Opportunity Housing and Equal Opportunity Employment MINNESOTA HOUSING FINANCE AGENCY REQUEST FOR PROPOSALS LOW AND MODERATE INCOME RENTAL PROGRAM The Minnesota Housing Finance Agency announces the availability of mortgage funds for the Acquisition and Rehabilitation or New Construction of multi-family rental housing for Iow and moderate income Minnesota households. Location: Sponsor: Amount of Funds Available: Financing Terms: Eligible Uses: Eligible Developments: Rent Limits: Income Limits: Other Requirements: Procedures: Statewide Limited Dividend and Non-Profit Sponsors are eligible. $10 million in tax exempt funds for first mortgage loans. This program may be jointly processed with HOME funds, City participation, Federal Tax Credits and/or other funding sources. An additional $5 million will be available for buildings targeted by communities for preservation that have local financial participation. Note: Funding source - federally tax exempt bonds. First mortgages currently 7.95%, 30 year term. Minimum loan amount is $100,000, generally not to exceed $2,500,000. Rehabilitation incentive loans, 0%, deferred 30 year term. Acquisition and rehabilitation of existing apartment buildings. The MHFA is willing to consider innovative housing ideas that involve New Construction or Substantial Rehabilitation. General priority is for family housing. Contact the MHFA in advance to discuss these types of developments. Proposals reviewed on a case by case basis. Minimum of five housing units. 40% of units affordable to persons at 60% of income; or 20% of units affordable to persons at 50% of income; and the balance of units with rents at or less than 1.2 times the Fair Market Rent. 40% of the units must be occupied by individuals/families whose income is 60% or less of area median income; or 20% of the units must be occupied by individuals/families whose income is 50% or less than area median income. 25% of the units may have unrestricted incomes. The balance of units must be occupied by tenants with incomes equal to or less than 66 times the gross rent. Developments will be underwritten based on the MHFA's housing experience. Each development will be evaluated based on its own merits. A maximum mortgage of 90% loan to value. Applicants should request application packets from the Agency, write or call the Minnesota Housing Finance Agency, 400 Sibley Street, Suite 300, St. Paul,. Minnesota 55101, Attn: Multi-Family Division, (612) 297-3294. 400 Sibley Street, Suite 300, St, Paul, Minnesota 55101 (612) 296-7608 Telecopier (612) 296-8139 TDD (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment .Youth Ac'tivitt~-s T~,s~ For~e March, 1994 I, Purpose " To provide a framework to explore athletic and extra currlcnlar dubs/activities provided by the Columbia Heights Public Schools, Commurllty Education Department, Columbia Heights City and the community. This committee will: a. Look at needs of students b. Look at how to improve upon programming c. Look at cooperative efforts 'd. Look at any duplication issues ~ e. Look at any other issues that effect progrmnmtng for youth lie Develop a task force to deal with the ~bove purpose. Force will be made up of.' A. (1) B. c. (1) D. (1) E. (1) F. G:(1) H. (1) I. (1) J. (1) FL (1) L. (1) M. (3) N. (!) o. (1) The Youth Activities Task School Board Member Current Activities Committee Advisory Council - Community Education Park & Recreation Commission High School Athletics (Adult) High School Athletics (Student) Middle School Athletics (Adult) Middle School Athletics (Student) High School Club Advisor High School Club Student Middle School Club Advisory Middle School Club Student PTA Representative from Highland, Valley View and Central Middle School PTO Representative from North Park Elementary Principal III, First Meeting: April 5, 1994, 4:00-6:00 PM, Upper Board Room TO: FROM: SUBJECT: DATE; CITY OF COLLr/~BIA HEIGHTS Recreation Department PAT HENTGES, CITY MANAGER ~kARK S. CASEY, DIRECTOR OF RECREATION YOUTH ACTIVITY TASK FORCE MARCH 29, 1994 Attached is a copy from the presentation that was given to the ISD ~13 School Board on March 22, 1994 by myself and A10gdie (Activity Director), Jane Goodell (CHHS Principal) and Karen Schaub (Comm. Ed. Director). Approximately two months ago a committee was formed to look into the utilization and duplication of facilities and programs offered to school age children in Columbia Heights. The committee consisted of Dr Holt (Superintendent), Jane Goodell, A10gdie, Jan Anderson (Central Middle School), Karen Schuab, Dianne Creese (Community Education), John Herbert (Recreation) and myself. The committee has met many times to discuss the various programs we sponsor and decided to form a larger ongoing Task Force to explore these areas in more detail. This Task Force will then hopefully be able to make recommendation to the various boards, commissions, i.e. school board, Park & Recreation Advisory Commission, etc. I will keep you and the Park & Recreation Commission posted on the progress of the Task Force. ro~ CONFIDENTIAL MEMORAI North Metro Mayors Association Board Members - Mayors - City Managers/City Administrators North Metro City Council Members Operating Committee Members Joseph D. Strauss Executive Director Date: Subject: April 19, 1994 Lawsuit - tfollman v. Cisneros Several members of the Operating Committee have been meeting on this subject over the past few weeks and have requested that a memorandum be prepared outlining the issues of the referenced lawsuit and submit same to all board members and city council members for the input and comment. The Hollman v. Cisneros lawsuit was brought by several individuals and the National Association for the Advancement of Colored People (NAACP) as plaintiffs against the Secretary of Housing, Minneapolis Public Housing, Minneapolis Community Development Authority and the City of Minneapolis. The plaintiffs principal allegations are that the defendants, the City of Minneapolis, its housing authority and the federal government have, since the late 1930's intentionally located families in.housing projects and scattered site units in racially concentrated neighborhoods; that the MPHA's tenant selection and assignment policies have permitted white families to avoid living in black neighborhoods; that residents of family projects in north Minneapolis occupy inferior and unsafe housing; and that the housing authority has failed to assist families receiving Section 8 certificates and vouchers to locate housing outside racially concentrated areas. The Operating Committee in March approved the expenditure of $2500 to have a research project done collecting all relevant data for each member city of NMMA. The report entitled "Portrait of the North Metro Area" was prepared by Nancy Reeves and Associates. Each member city was sent a copy of this report for review and comment. The reason that this information is being gather is to provide NMMA and its members the best information available in order to make a decision whether or not to join the lawsuit either individually or collectively for various possible reasons; to wit: a) To be part of a decision that may effect members individually or collectively. lne opportunity to be a part of any negotiation process which could establish the framework for how metropolitan housing development might proceed in the future. (Protect historical decisions and obtain credit for low and moderate housing units currently in place.) The opportunity to protect your ability to attract a wide range of housing opportunities, in future, rather than be faced with a limitation imposed by a court of law. d) To avoid a decision handed down similar to the Mt. Laurell decision - New Jersey. In this decision the court determined that cities had to use general fund dollars to provide for stratified housing throughout the city. The latest information is that NMMA or cities, either individually or collectively, can join the lawsuit over the next month or so. There is a real push, however, to settle the lawsuit now, so if NMMA or individual cities want to be a part of the decision/settlement making process it will be necessary to act in the very near term. One alternative discussed was the possibility of joining the lawsuit through the submission of an Amicus Brief. This method is not presently available as the court has not yet rendered a decision on which an Amicus Brief could be submitted. Another possible avenue would be for the City of Minneapolis to submit the Nancy Reeves materials as part of its case. The city attorney is reviewing this option for us and will report back yet this week. The problem with this approach would be that NMMA, its member communities, nor interested individual cities would not be directly involved in the settlement process or the legal proceedings if the case goes to trial. Attached find a memorandum detailing the lawsuit. BACKGROUND MI~MO~NDUM Hollman v. Cisneros Factual and Procedural Background In July 1992, several Minneapolis recipients of public housing assistance and the NAACP filed a class action lawsuit in federal district court against the City, the Minneapolis Community Development Agency, the Minneapolis Public Housing Authority and the U.S. Department of Housing and Urban Development. The plaintiffs' central allegations are that the city, its housing authority and the federal government have, since the late t930s, intentionally located family housing projects and scattered site units in racially concentrated neighborhoods; that the MP~'s tenant selection and assignment policies have permitted white families to avoid living in black neighborhoods; that residents of family projects in north Minneapolis occupy inferior and unsafe housing; and that the housing authority has failed to assist families receiving Section 8 certificates and vouchers to locate housing outside racially concentrated areas. The City and the local defendants soon concluded that the litigation threatened to consume substantial resources best devoted to meeting housing needs, and that the lawsuit should be viewed as a vehicle to confront disparities in housing opportunity and to achieve fundamental improvement in the supply and choices of housing available to program recipients. Accordingly, counsel for the local defendants were to initially pursue settlement with the following goals: Deconcentrate and physically improve the Northside projects Build more scattered sites throughout the metropolitan area ImtSrove Section 8 administration to promote metropolitan choices Embrace any changes in tenant selection/assignment policy that can reasonably be expected to reduce minority concentration Achieve remedies with minimal intervention by the court or plaintiffs The local defendants emphasized that any meaningful remedy to segregation in public housing must extend beyond the boundaries of the city, and reach into developing suburbs where employment, educational and other social services promise to enhance the standard of living for those receiving assistance. Following their initial pretrial information disclosures in January 1993, the parties began a series of settlement discussions which resulted in the exchange of written proposals between the plaintiffs and the local defendants. In September 1993, Mayor Fraser, Council Member Cherryhomes and local counsel met with HUD Secretary Cisneros and his staff in Washington to promote the City's desire to achieve settlement and to encourage HUD to advance its own settlement proposal. However, no federal proposal has been offered to date, although Secretary Cisneros has recently informed Mayor Sayles Belton that "my staff continues 'to review the various settlement proposals with the intention of developing and communicating to the other parties HUD's settlement position at the earliest possible time." Recently, Representative Orfield visited with federal authorities and was informed that a settlement was imminent. No trial date has been set in federal court, but the magistrate judge has indicated his impatience with the progress of settlement and his desire to impose deadlines for the completion of pretrial discovery. Judge James Rosenbaum is the assigned trial judge at this time. The case may be reassigned to Judge Mike Davis, a new federal district court appointee. II. Proposed Addition of Parties and Claims The district court required that any motions, by current parties, to add parties or claims to the lawsuit must be filed by February 22, 1994. Counsel for the local defendants have recommended that the Metropolitan Council be joined as a defendant, and that the local defendants assert their own claims against HUD. A. Metropolitan Council as Defendant As noted above, the local defendants believe that deconcentration of public housing can only be achieved on a metropolitan basis. The Met Council is a major player in administering housing assistance in the suburbs, and the aggressive implementation of its administrative policies and regulations are essential to an effective deconcentration effort. The Met Council also must share responsibility for racial concentration in the Twin Cities area. There are several bases for adding the Met Council as a defendant. The Met Council failed to follow its own policies, including Policy No. 39 which committed the Met Council to give fundifig priority to those municipalities which provide Iow and moderate income housing opportunities. More significantly, the Met Council's authorization of funding for the expanding suburban infrastructure (e.g. sewers, highway and schools) fostered racially discriminatory housing patterns. Finally, the Met Council failed to develop low income housing sites outside the City primarily in response to discriminatory political pressures. Including the Met Council as a party will result in broadening this litigation to include a metropolitan agenda, and potentially provide additional sources of state and local funding. B. Cross-Claims against HUD ~ The City of Minneapolis is attempting to keep HUD a defendant in the case as it believes its presence in the case is critical because (a) its jurisdiction extends beyond the city limits, and (b) it is the chief funding source for any remedial order. Moreover, HUD has threatened to seek dismissal of the plaintiffs' claims against the department on immunity grounds. Accordingly, the City has acted to join the local defendants in adding cross-claims against HUD for (a) improperly delegated siting decisions to local authorities, (b) declining to approve local funding requests which would have had desegregative effects, (c) allocating disproportionate numbers of Section 8 certificates to suburban jurisdictions with discriminatory residency requirements, and (d) continuing to fund the Metro HRA despite its refusal to implement Policy 39. TO CITY COUNCIL APRIL 25, 1994 *Signed Waiver Form Accompanied Application //. 1994 LICENSE AGENDA APPROVED BY BUILDING OFFICIAL II II II II 11 II II II II II II II I! II CONTRACTORS *Edison Signs *Hanson-Kleven Plmbg. Richard A. Johnson Lino Lakes Blacktop *MacDonald Plumbing *Doug Olson Plumbing Roof Design Partners *Signcrafters LICENSED AT 2415 W. Ind. Blvd, 4352 Nicollet Ave. 25 Crescent St. 502 Lilac St. 2946 Sumter Ave. N. 931N.E. 44th Ave. 4026 N.E. 7th St. 7775 Main St. FEES $ 40.00 4O.OO 4o.oo 4o.oo 4o.oo 4o.oo 4o.oo 4o.oo POLICE DEPT. TAXICAB DRIVERS Duane Denman Garrett 3746 N. Logan, Mpls. 20.00 POLICE DEPT. TAXICAB VEHICLES Suburban Taxi Corporation 2 vehicles within the City #19 and #118 75.O0 each OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION APRIL 11, t994 The Volunteer Relief Association Board of Trustees Meeting was called to order at 9:35 p.m. by Mayor Sturdevant. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present~ o APPROVAL OF MINUTES Motion by Nawrocki, second by Jolly to approve the September 27, 1993 Board of Trustees Meeting as presented. Roll call: All ayes DEATH BENEFIT - EDWARD MISKOWIC Motion by Jolly, second by Nawrocki, to authorize the Treasurer to have a death benefit check issued in the amount of $1,500 from the Volunteer Relief Association Pension Fund. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Nawrocki to adjourn the Board of Trustees Meeting at 9:38 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of: April 25, 1994 AGENDA SECTION: VOLUNTEER FIRE ORIGINATING DEPARTMENT: CITY MANAGER RELIEF ASSOCIATION FIRE APPROVAL NO: ITEM: RECOMMENDATIONS FOR BY: Charles Kewatt BY: RELIEF ASSOCIATION MEMBERSHIP 0~ ~ NO: DATE: Apr 14, 1994 DATE: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees This is to advise that the following people have successfully completed the minimum performance qualifications required for appointment to the Volunteer Division. They will be appo/nted to the department as probationary Volunteer Firefighters effective May 1, 1994. Patrick F. Lane Jason M. Vant Pursuant to Minnesota Statutes, each person is now eligible for membership in the Columbia Heights Fire Department Volunteer Division Relief Association, effective the date of their appointment. RECOMMENDED MOTION: Move to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Patrick F. Lane and Jason M. Vant as members of the Association effective May 1, 1994. 94-50 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: April 25, 1994 AGENDA SECTION: VOLUNTEER FIRE ORIGINATING DEPARTMENT: CITY MANAGER RELIEF ASSOCIATION FIRE APPROVAL NO: ITEM: Jeffrey C. Lundgren Termination BY: Charles Kewatt BY: NO: U-0¢ DATE: Apr 14, 1994 DATE: Columbia Heights Fire Deparm~ent Volunteer Relief Association Board of Trustees Please be advised that Jeffrey C. Lundgren has resigned from the Fire Depm-i~ent effective April 1, 1994. Jeff was appointed to the Volunteer Division of the Fire Department on April 1, 1988. He was a member in good standing with our department. RECOMMENDED MOTION: Moved to accept the resignation of Jeffrey C. Lundgren, Volunteer Fire Department, effective April 1, 1994. No Relief Association benefits have been accrued. '94-53 COUNCIL ACTION: TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Public Works Department PATRICK HENTGES CITY MANAGER PUBLIC WORKS DIRECTOR/CITY ENGINEER LABELLE EAST BANK EROSION CONTROL PROJECT g9103 APRIL22, 1994 The April 25, 1994, City Council Meeting will be a continuation of the Public Hearing on the subject project. With the City Council Letter is a revised cost estimate and estimate of assessment costs based on the addition of three more properties, with limitation to $3,000 per parcel for assessment and revised unit prices. Also permanent fencing surrounding the slope has been added. Due to the revised estimate of unit prices, the entire estimated cost is less than the original estimate, even with the additions. I have attached to this memo an estimate based on not including the three properties in which the entire slope is on private property. This estimate is $20,000 + less than the original estimate. I have made a contact with the National Guard and as of April 21, one of three companies had responded to the request. This particular company was not interested in the project. I have requested that, if possible, a response be received by the two other companies before the hearing on April 25. I have also contacted two of the affected properties regarding obtaining easements. In both cases the response was the same. If the City is going to assess them for this project, they are not interested in granting the City an easement. In order to do this improvement, we will need an easement from every property owner. Assessing the properties will make obtaining easements difficult and perhaps expensive. Some suggestions: Assess only for the cost of the fence to be installed on the top of the slope. Assessment to match reimbursements for easements. No easements. These are only suggestions that could ease the process of obtaining the necessary easements. MAW:jb 94-242 Attachment 26-Apr-94 ESTIMATED ASSESSMENT CosTs P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL EROSION CONTROL BLANKET ESTIMATED ASSESSMENT COSTS CONSTRUCTION COSTS ENGINEERING AND ADMINISTRATIVE COSTS TOTAL PROJECT COSTS ANOKA CO. S.W.C.D. GRANT (50%) CITY OF COLUMBIA HEIGHTS SHARE LABELLE PARK CIRCLE TERRACE PARCEL UNASSESSED PROJECT COSTS ENGINEERING AND ADMINISTRATIVE COSTS TOTAL ASSESSABLE COSTS W/NATIONAL GUARD $226,672.50 $21,31 8.59 $247,991.09 $166,711.09 ($123,995.55) ($83,355.55) ($61,997.77) ($3,000.00) ($11,668.13) ($81,995.58) $42,000. O0 $1,359.96 ASSESSMENT RATE $42,000.0O 14 PARCELS = $3,000.00 WITH NATIONAL GUARD $1,359.96 14 PARCELS $97.14 /ASSESSABLE PARCEL /ASSESSABLE PARCEL 26-Apr-94 ENGINEER'S ESTIMATE P.I.R. 898 - COLUMBIA HEIGHTS PROJECT 9103 LABELLE PARK - EAST BANK EROSION CONTROL EROSION CONTROL BLANKET No. Description Quantity Unit Unit Price 1 Clear and grub area 1 L.S. 2 Remove concrete rubble 1 L.S. 3 Remove existing retaining walls 128 L.F. 4 Remove existing fence 361 L.F. 5 Granular borrow (L.V.) 1,000 C.Y. 6 Erosion fence 1,350 bF. 7 Aggregate base Cl 5for path/parking areas 370 Ton 8 Bituminous path/parking area 1,050 S.Y. 9 Install 6' chain link fence 2,240 L.F. 10 Erosion blanket 7,735 S.Y. 11 Slope vegetation 7,735 S.Y. CONSTRUCTION COSTS ENGINEERING AND ADMINISTRATIVE COSTS TOTAL PROJECT COSTS $80,000.00 $25,00O. O0 $1o. oo $2.5o $2o. oo $5.oo $10.00 $15.oo $12.00 $3.00 $3.00 Total $80,000.00 $25, OO0.00 $1,280.00 $902.50 $20,000.00 $6,750.00 $3,700.00 $15,750.0O $26,880.00 $23,205.00 $23,205.00 $226,672.50 $21,318.59 $247,991.09 POSSIBLE WORK BY NATIONAL GUARD 1 Clear and grub area 2 Remove existing retaining walls REVISED PROJECT COSTS 1 L.S. 128 L.F. $80,000.00 $1o. oo ($8o,ooo.00) ($1,280.00) $166,711.09