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HomeMy WebLinkAboutOctober 9, 2000 RegularCITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Please note. City Hall Phone Numbers have changed. New numbers (ire' lVIain Number (763) 706-3600; TDD (763) 706 3692 ADMINISTRATION October 6, 2000 Mayor GaD' L. Peterson Councilm embers John Hunter DonaM G Jol~v Madaine 5~urek Julienne fFvckoff City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 9, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accormmodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon re- quest when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETiNG AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to approve Consent Agenda items as follows: 1 ) Minutes for Approval MOTION: Move to approve the minutes of the September 25, 2000, Regular Council Meeting as presented. 2) Adopt Resolution No. 2000-69, being a Resolution for Certification of Delinquent Assessments MOTION: Move to waive the reading of Resolution No. 2000-69, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2000-69, being a Resolution to certify delinquent assessments to Anoka County for collection with the Property Taxes payable in 2001. 3) Approve Assignment and Assumption of Administration Function Agreement for Single Family Mortgage Revenue Refunding Bonds MOTION: Move to approve the Assignment and Assumption of Administration Function Agreement between Miller and Schroeder Financial, Inc. and Firstar Bank, N.A. for the Single Family Mortgage Loan Program issued by the City of Brooklyn Center, City of Columbia Heights, City of Moorhead, and Robbinsdale Economic Development Authority; and furthermore, to authorize the City Manager to enter into an agreement for the same. City Council Agenda October 9, 2000 Page 2 of 5 4) 5) 6) 7) 8) 9) 10) ll) 12) Authorize payment of the 2001 League of Minnesota Cities Membership Dues MOTION: Move to authorize payment to the League of Minnesota Cities for 2001 membership dues in the amount of $10,288. Authorize to proceed with 24" Gate Valve installation and Swing Check Valve removal at Pump Station #3. MOTION: Move to authorize GL Contracting to proceed with 24" gate valve installation and swing check valve removal at Pump Station #3, for the estimated cost of $16,000 with funds appropriated from 651-49430-5130. Authorize Preparation of Final Plans and Specifications for Central Avenue Streetscaping MOTION: Move to authorize preparation of Final Plans and Specifications for Central Avenue Streetscaping from 37th to 43rd Avenues as detailed in the attached proposal letter; and, authorize the Mayor and City Manager to enter into a contract for final urban design services to BRW at a cost not-to-exceed $27,000. Authorize preparation of Engineering Study for additional Storm Water Study Areas MOTION: Move to authorize preparation of an Engineering Study for each site as detailed in the attached proposal letters; and, authorize the Mayor and City Manager to enter into a contract for the same at a cost not-to-exceed $14,100. Funding would be provided from the City's Storm Water Utility Fund 604-49650-3050. Authorize Final Payment for 2000 Street and Parking Lane Striping MOTION: Move to accept the work for 2000 Street and Parking Lane Striping; and, to authorize payment of $5,299.76 to AAA Striping Service Company, of Rogers, Minnesota Authorize Final Payment for Seal Coating, City Proiect 0001 (B) MOTION: Move to accept the work for 2000 Seal Coating Program, City Project 0001 (B); and, authorize final payment of $3,903.60 to Allied Blacktop Company of Maple Grove, Minnesota. Approve Conditional Use Permit, Case #2000-1026, at 226l 37th Ave NE MOTION: Move to approve the Conditional Use Permit to allow the operation of a Christmas Tree Sales Lot at 2261 37th Avenue NE from November 15, 2000, through December 31, 2000, subject to the following conditions: a. A $500 deposit shall be submitted to the License/Permit Clerk prior to display of trees on the lot. b. The required City licenses be obtained prior to tree displays Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for October 9, 2000. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. City Council Agenda October 9, 2000 Page 3 of 5 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations None. Presentations 1. North Metro Mayor's Association a. Discussion and Overview of Legislative Issues for 2001 b. Identifying 2001 Activities of the North Metro Mayors Association Joe Strauss, Executive Director and Phil Cohen, Consultant C. Introduction of New Employees - None. D. Recognition - None. PUBLIC HEARINGS A. Adopt Resolution No. 2000-70, being a Resolution Approving a Tax Rate Increase for the Year 2001. MOTION: Move to waive the reading of Resolution 2000-70, as adequate copies are available for the public. MOTION: Move to adopt Resolution No. 2000-70 being a Resolution Approving a Tax Rate Increase. First reading to Adopt Ordinance #1421, being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 3855 Main Street NE MOTION: Move to waive the reading of Ordinance #1421, there being ample copies available to the public. MOTION: Move to schedule Monday, October 23, 2000 at approximately 7:00 p.m. for the second reading of Ordinance # 1421, being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 3855 Main Street NE. Second reading to Adopt Ordinance #1420 being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE and Approve Conflict of Interest Disclosure Statement MOTION: Move to waive the reading of Ordinance #1420, there being ample copies available to the public. MOTION: Move to approve Ordinance # 1420, being an Ordinance amending Ordinance No. 853, City Code of 1977, and Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE, and authorizing the Mayor and City Manager to enter into a purchase agreement for same. ALTERNATE MOTION: Move to table Ordinance #1420, being an Ordinance amending Ordinance No. 853, city Code of 1977, and Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE until City Council Agenda October 9, 2000 Page 4 of 5 7. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Bid Considerations Adopt Resolution No. 2000-71, accepting bids and awarding contract for Retaining Wall construction projects #9818 and 0012 at Jefferson Divide. 5255 7th Street (on 53rd Ave) and 4342 Arthur Street MOTION: Move to waive the reading of Resolution No. 2000-71, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2000-71, accepting bids and awarding the Retaining Wall Construction Projects No. 39818 and #0012 along State Aid Streets: Jefferson Divide, 5255 7th Street (on 53rd Avenue) and 4342 Arthur Street to Sunram Construction Inc. of Corcoran, Minnesota, based upon their low responsible bid in the amount of $139,866.23 to be appropriated from Funds 402-59818-5130 and 402-50012-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Adopt Resolution No. 2000-72 accepting bids and awarding the demolition, removal and restoration of the Huset Band Shell and adjacent areas MOTION: Move to waive the reading of Resolution No. 2000-72, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2000-72 accepting bids and awarding the demolition, removal and restoration of the Huset Band Shell Areas to Kevitt Excavating Inc. of Crystal, Minnesota, based upon their low, qualified responsible quotation in the amount of $5,375.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Funding would be provided from the City's Parks Capital Improvement Funds 412-45200 Other Business 1. Approval of the Sale and Development Agreement for 3855 Main Street NE MOTION: Motion to approve the Sale/Development Agreement with Mr. Brian Michael Roeller, of 3849 Main Street N.E., for an amount of $20,000 plus associated costs; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ADMiNISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS 1. Minutes of Boards and Commissions l ) Special Meeting of the August 28, 2000 Housing and Redevelopment Authority 2) Meeting of the September 13, 2000 Traffic Commission City Council Agenda October 9, 2000 Page 5 of 5 3) 4) 5) Meeting of the October 2, 2000 Traffic Commission Meeting of the September 21, 2000 Telecommunications Commission Meeting of the October 3, Planning and Zoning Comnqission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager -- (Z) (,;' '- ~v VVF/pm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 25~ 2000 1. CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:05 p.m. on Monday, September 25, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter, Mayor Peterson 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA - None CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Wyckoff, second by Szurek, to approve Consent Agenda items as follows: 1 ) Minutes for Approval Motion to approve the minutes of the September 11, 2000, Regular Council Meeting as presented. Motion to approve the minutes of the September 13, 2000, Election Canvass Meeting as presented. 2) Establish City Council Work Session dates for October, 2000 Motion to establish Work Session meeting dates for Monday, October 2, 2000 at 8:00 p.m and Monday, October 16, 2000 at 7:00 p.m. kValt Fehst, City Manager, reminded everyone that City Council Work Sessions are open to the public. 3) Authorize purchase of Laptops, Primers, and Software from 2000 School Based Partnership Grant Motion to approve the purchase of four Toshiba laptop computers from PC Solutions in the amount of $9,966.65 including shipping and tax, and two Hewlett Packard 4500 DN color printers in the amount of $8,401.79 including shipping and tax. Also, move to approve the purchase of Crime View software from Rowekamp Associates in the amount of $17,480.43 including shipping and tax. Funds for these purchases to come from the 1999 School Based Partnerships Grant Fund 279-42100-2011. 4) Authorize purchase of laptop computers Motion to approve the purchase of three laptop computers and three Gamber Johnson computer mounts with screen support for $8,224,98 plus tax; funding for these purchases to come from the 2000 Capital Equipment Fund. Fehst indicated these laptop computers will be placed in the Police squad cars. City Council Minutes September 25, 2000 Page 2 5) Authorize Acceptance of the 2000-2001 Equipment Block Grant Motion to accept the 2000-2001 Federal Law Enforcement Block Grant in the amount of $21,578 with a 10 per cent match in the amount of $2,398, to come from unexpended funds in the 2000 Police Department general budget. Fehst stated that we have received this grant the last five years. 6) Authorize Agreement for Bad Check Recover,/ Motion to authorize the Mayor and City Manager to enter into an agreement with CheckRite Recovery Services, Inc. for check collection services. Fehst stated that this item refers to our Liquor operations. 7) Establish date for Public Special Assessment Levy Heating Motion to establish Monday, November 20, 2000, at 7:00 p.m. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. 8) Approve Rental Housing Licenses Motion to approve the items as listed on the rental housing license agenda for September 25, 2000. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 25, 2000. lo) Payment of Bills Motion to pay the bills as listed out of proper funds. To answer Wyckoff, Police Chief Johnson stated the School Based Partnership is a one year grant, and this equipment is needed to track statistics afier which the City will receive two of the laptops for our use. Upon vote: All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A, Proclamations 1. Polish American Heritage Month Mayor Peterson read the Polish American Heritage Month Proclamation. Fran Jensen, Esther Guzik. and Mary Bernard, represented the Sister City International. Ms. Jensen invited everyone to view their display at City Hall and at the Columbia Heights Library. She stated their group is small in number, but large in dedication. Ms. Jensen explained that their costumes represented a specific region of Poland B. Presentations City Council Minutes September 25, 2000 Page 3 Introduction of New Employees 1. Michelle Steichem Police Department Crime Analyst Chief Johnson introduced Michelle Steichen, the new Police Department Crime Anal~vst. She lives in Champlin, and he gave her work background He stated this is a one yearposition at the Col Heights High School. Michelle stated she is pleased to be working with the Police Department on this very important and worthwhile cause. D, Recognition 1. Senior Olympic Winners - Presentation of plaque Karen Moeller, Senior Citizen Coordinator, introduced the seniors who pamicipated at the Senior Olympics at Long Lake Regional Park. Columbia Heights was represented by~ve teams, and Columbia Heights won~rstandsecondplace. Mayor Peterson presented their winning plaque. Moeller introduced the winners of the annual watermelon seed spitting contest, Elsie Purcell at 26.2feet and Paul Weise at 25.6 inches. 2. Girl Scout Troop #1078 Mayor Peterson introduced Girl Scout Troop #1078 and their leader, Janet Kendall, and stated they are working toward their government badge. The Girl Scouts sang a song. Peterson indicated that under Roberts Rules of Order, he would call for a motion and a second, and then open the topic for discussion, before calling for a vote. PUBLIC HEARINGS A. Consideration of Franchise Application MOTION by Szurek, second by Jolly, to continue the Public Hearing to consider the franchise applications of Wide Open West and Everest Connections Corporation to Monday, November 27, 2000 at 7:00 p.m. Linda Magee, Assistant to the Ci.tv Manager, gave background information on the franchise applications from Wide Open West and Everest Connections Corporation. Staff recommended to again table the request to the Monday, Nov. 27,h CiO, Council meeting, to further negotiate specific agreement terms. All ayes. Motion carried. Adopt Resolution 2000-68, being a Resolution approving revocation of the Rental License held by Christopher Decker at 218-220 40tb Avenue NE. Mayor Peterson closed the Public Hearing as this property has been brought into compliance with the Residential Maintenance Code. C, Second Readin~ to Adopt Ordinance No. 1419, Bein~ an Ordinance Amending Ordinance 853, City Code of 1977, uertainin~ to the amendment of certain sections of the licensin~ requirements of the City. MOTION by Szurek, second by Jolly, to ~vaive the reading of Ordinance No. 1419, there being ample copies available for the public. All ayes. Motion carried. MOTION by Szurek, second by Jolly, to adopt Ordinance No. 1419, being an Ordinance amending Ordinance #853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City. (Ordinance No. 1419 is attached to the end of these minutes) Kept Anderson, Communi(v Development Director, gave background information on tire review of the liquor, beer and wine ordinance. Ordinances from eleven other cities were researched There will be no liquor license approval of any business within 300feet from churches, day cares, and schools will be allowed. The ratio of food sales shall be no less than sixty percent of the business receipts. This percentage was used by more than half the cities reviewed Minimum seating requirements will be left at 150 seats. The first reading of tire Ordinance was ou September 11'h. dim Hoef, City Attorne. v, stated this is a consolidation of the past ordinance for ease of use by tire applicant and clerk. Peterson closed the hearing. Upon vote - All ayes. Motion carried. Approve Modified Redevelopment Plan for CBD Redevelopment Project and TIF Plan for TIF District (Redevelopment) No. 9. MOTION by Jolly, second by Szurek, to table the Public Heating for continuance at a future meeting. All ayes. Motion carried. First reading to Adopt Ordinance #1420 bein~ an Ordinance amendin~ Ordinance No. 853. City Code of 1977. Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE and Apvrove Conflict of Interest Disclosure Statement MOTION by Hunter, second by Szurek, to waive the reading of Ordinance #1420, there being ample copies available to the public. All ayes. Motion carried. MOTION by Jolly, second by Szurek, to schedule the second reading of Ordinance #1420, being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE, for October 9, 2000 at 7:00 p.m. and to authorize the Mayor and City Manager to sign the Conflict of Interest Disclosure Statement. The Mayor and City Council also direct the City Manager to retain the law firm of Kennedy and Graven Chartered to review the Real Estate Contract on behalf of the City. Fehst indicated that last Friday, Families Moving Forward (FMF) relinquished their right of lease attd requested the return of their deposit, as they have purchased another building. Authorizatiou presented to the City Council to release both parties of any obligations. A written offer was presented by Tim Taylor, TTP Properties, to swap the property at 831 40th Avenue for 4101 Central Avenue. This agreement would allow TTP one year to renovate the building before moving in. This offer was made verbally at the last Council Work Session. City Council Minutes September 25, 2000 Page 5 Fehst stated the Purchase Agreement for the original offer is fi'om Vfashburn-McReav. v Funeral Chapels, Inc..for $375,000. The City purchased the property and building for $360,000. A Cot~ict of Interest Disclosure Statement was submitted from the law firm of Barna, Guzy & Steffen LTD, as this is the same firm our City Attorney is with. Fehst recommended also having another firm review the Purchase Agreement. Fehst gave the ownership history of this building. He stated this offer is for more than the Citypaid for the propert3, and is a very good proposal. Also the property would generate property tax, would aesthetically improve the downtown area, attd be a stable establishment. Hoe~ reviewed the Purchase Agreement changes in technical terms and agreements offered. The onl. v attachment will be the legal description of the property. The property and building will be sold "as is ". The buyer will have full disclosure on hazardous waste and the City will accept no liability for this. The tentative closing date would need to be changed. The City would transfer the property b.v a Quit Claim Deed. The Title would be prepared b.v a title company. Seller and buyer would split the Closer's fee, as is past practice. The City will not provide a survey of the property. The City will clear the pending condemnation proceedings. The buyer will be responsible for all repairs, plumbing and electrical work. The City will not warran.Iv the property. Hoe~ indicated the FMF security deposit of $20, 000 will be returned, without interest. He has drafted a lease termination for the appropriate signatures. This lease would terminate any and all rights of either party. Bill McRea~v Jr. addressed the City Council and the audience giving his business background and describingplans for a fitneral chapel at 4101 Central Avenue. The existing drive thru would be dentdished, the parking lots and curbs would be replaced. the area would be extensively landscaped, the stucco will be re-sprayed, and internally the height of the ceiling will be preserved with asbestos removed, electrical and heating will be replaced, and remodeling will follow the decor of other Washburn-McRea .vv chapels. There will only be one visitation at a time. He stated that in other cities where they have chapels, the businesses thrive because of their exposure to customers brought in by the chapels. They have a manicured facility, attd will provide a service to the community, while feeling the. v will see a return on their investment. Bruce NawrocM, 1255 Polk Place, commented on the process of selling this property. He complimented Mr. Hoe~ on his diligence, and agreed that an additional counsel should look at this agreement. He stated the Comprehensive Plan called for this corner to be a new pocket park. He doesn't agree titis is the best plan. Nawrocki stated it may be legal to sell in this manner. but felt public properties should go out for public bids. He stated the funeral chapel located in Columbia Heights should be given a chance to acquire this property. Tim Taylor, Director of the Miller-Methven-Taylor Funeral Home, gave the background of his business. He requested the City Council accept his proposal to trade properties or work toward an agreement. He expressed disappointment witIt the Comprehensive Plan and associated costs. He felt an environmental study to assess the needs of the area should be completect He stated that as John Hunter is an employee of Washburn-McReavy, that he should abstain from discussion and voting. The City Attorney indicated City Council Minutes September 25. 2000 Page 6 that based on the information front Mr. Hnnter and Mr. McReavy, there was no legal reason for Mr. Hunter to abstain from voting and he had eve .rv right to join in the discussion. Theresia Synowczynski, 2010 41st Avenue NE asked the City Council to consider leasing the proper.ty until the possible time the City chooses to use the area for green space. Bob Buboltz, 4311 5'h Street, stated that considering the conflict over this propert. v, Council take their time and look at other options. Nawrocki indicated that Mr. Hunter should be given the opportunity to speak. Karston McCarthy, 4315 3rd Street, agreed with this sale, for the City to get their mone. v back. Mayor Peterson closed the public hearing. Hunter stated he brought this possible sale to the attention of Washburn-McRea .vv, Council, Staff and Mr. Nawrocki about one year ago, whose consensus was that it was a good idea for this building. Mr. McRea .vv will be spending up to $1 million on remodeling this facility. Hunter indicated he will abstain from voting on this Ordinance. W. vckoff thanked Hunter for his efforts to bring new businesses to Columbia Heights and thanked Mr. McReavyfor his offer. She asked that the City Cottncil table this request for three months, as this is the first time Columbia Heights has had the opportunity to consider options for this property. Hoe~ indicated the only action requested was to set the date for a second reading of the Ordinance. Jolly indicated there are other issues on Central Avenue to address. There were other suggestions for this building that did not come about. Szurek stated this building has been empty for about~ve years, and the only businesses that came forward were a pawn shop and a carpet store. Cohtmbia Heights has been criticized as unfriendly to businesses and we must change this or the tax burden will be passed on to residents. McRemy 's is a proven business and will not leave town in two years. She felt money from this sale could go to pnrchase dilapidated buildings to sell for the raw land. She agreed with Wyckoff, that we need an upscale restaurant to aHract additional businesses. She stated the Comprehensive Plan has good ideas, but will be hard to implement because of~nancing. She did not want to lose this deal as this wouM reDforce the perception that Columbia Heights is negative to businesses. Peterson read and comntented on the CiO' Goals. He stated that eve .ryone wants improvements to Central Avenue. 4150 Central Avenne took many years to accomplish. He stated the McRea~92 offer will return our investment. Archie Anderson, 999 41" Avenue, asked for this to be tabled, as he felt this would add too much traffic and affect the residents living in the LaBelle condos. He stated this shouM become a debatable election issue. Peterson stated this would be a mild use of the property. Jolly reminded residents of how heavily the area was used while a bank building. City Ctmnci] Minutes September 25, 2000 Page 7 To answer Council. Fehst stated the edge of this building is 283feet to the day care. Wyckoff would like to see a coffee shop/book store combination in this building. Peterson reminded eveGone there will be a second reading of Ordinance #1420 at the October 9th' City Council meeting. Roll Call Vote: Ayes: Szurek, Jolly, Peterson Nay: Wyckoff Abstain: Hunter Motion carried. ORDINANCE NO. 1420 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 4101 AND 4103 CENTRAL AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Washburn-McReavy Funeral Chapels, Inc., the real property described as follows, to wit: Lots 27, 28, 29, 30 and the West ½ of Lot 31, Block 4, Except North 120 feet of West ½ of said Lot 3l, Block 4, Reservoir Hills, Except Road, Anoka County, Minnesota. AND The South twenty (20) feet of Lot 26, Block 4, Reservoir Hills, Anoka County Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the purchase agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: September 25, 2000 Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Szurek, second by Wyckoff, to approve the lease termination provision and authorize the Mayor and City Manager to sign the same. All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - None B. Bid Considerations - None City Council Minutes September 25, 2000 Page 8 C. Other Business Approval of Preliminary Development Agreement for Transition Block Redevelopment Project Anderson stated the Transition Block Redevelopment is between 41't and 43rd Avenue and Central Avenue and Jackson Street senior assisted town homes, and rental units to be developed by Crest View Corporation and Real Estate Equities. He presented a draft preliminary agreement. Dan Greenswig, of Kenned. v and Graven, was present to answer questions. Anderson requested opening the Public Hearing on the Tax lncrement Financing issue earlier on the agenda, to be sure the record reflects the correct information. MOTION by Szurek, second by Jolly to open the Public Hearing and reconsider item 6D. All ayes. Motion carried. Peterson opened the Public Hearing for the CDBG project and Tax Increment Financing (TIF) request. Dan Greenswig recommended continuing the Public Hearing as the Economic Development Authority questioned financing specifics and to what part of the project funds win go to. All groups want the City Council to take their time and be confortable with all financing issues of this project. Jolly asked if there is any pending legislation that ma.v impact this project. Greenswig fell the Legislature will take a hard look at TIF this year, and ma.v change relative laws. Szurek indicated the Task Force on Redevelopment will placepressure on the Legislature to support communities who need this type of~nancing to attract businesses and housing. Bruce Nawrocki, stated he does not agree with the 22 tinits of low income family housing, as Columbia Heights already has one of the highest rates of low income housing in the metro area. He agreed it is appropriate to purchase the Ostrander property. They are long time residents of the communiO,, and shouM not have to contend with this problem. Relative to the TIF project, he asked what the actual costs would be, and what the City's involvement would be. He understood it wouM be a Pay As You Go TIF for 25 years. He stated that would be a long time with no tax income, with the children of 22 family tinits going to our schools. He questioned tile amount ofTIF funds required to be used on the NEI building. He wanted to blow the overall value of this project. He questioned the figures he heard of $11.5 million for a $5,120,000 project. Ken Schlagel, 4129 Arthur Street, stated that with the new Medtronic building bringing an additional 3, 000 to 4,000people to the area, it is time to build and improve our community. He stated Columbia Heights is existing like back in the 1950's attd 60's, and needs to move ahead Keith dans, Real Estate Equities, stated the town homes will be three to four bedroom rental units. with rents higher than the market average. There will be three Hollman Units, which are low income units, but will be screened and must meet specific guidelines. The current TIF district plan request is for twenty years. TIle Superintendent of Schools indicated to Mr. Jans that the school funding cycle is primarily funded per capita student, so the student increase will help the schools. He indicated the Legislature will monitor all use of TIF funds. clans indicated estimate costs for the assisted living sittits, rental units, Ostrander property andparking project. Clly Council Minutes September 2s, 2000 Page 9 Shirley Barnes, Crest View Corporation, commented that the senior assisted living units will vacate houses, making thent available to younger residents. Th is will also result in shadow migration (when children settle where their parents live). She stated Crest View Corporation formed a L.L. C to participate in this project with Real Estate Equities. Jolly stated that comments indicate residents are looking forward to this project. Bruck Nawrocki commented regarding the reference to a Limited Liability Corporation, which is set up to minimize investment risks. He referenced the earl. v 60's when the Sheffield district was developing. His concern was that public subsidy will be used assisting residents to qualify for this development. He felt this housiug project has changed from owner occupied down to affordable, rental units. darts indicated marketing has been discussed many times before, and he was offended by the comparison to the Shef~eM area. Fehst indicated titat the Section 8program could be accepted at any building in town zf the owner agrees. Peterson closed the Public Hearing. MOTION by Jolly, second by Szurek, to table the Public Hearing for continuance at a future meeting. All ayes. Motion carried. MOTION by Hunter, second by Wyckoff, to approve the Preliminary Development Agreement by and among the City of Columbia Heights and Columbia Heights Economic Development Authority and Columbia Heights Transition Block, LLC: and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the September 5, 2000 Library Board of Trustees 2) Meeting of the August 28, 2000 Economic Development Authority (Special) 10. CITIZENS FORUM Mary Callaghan, 4219 Jacksopt, questioned 4200 Central Avenue, where a building was proposed and nothing has happened. This lot shouM be required to be cleaned up. Anderson stated the City has received minor changes to plan, and we share the concern of the lot's condition. Peterson asked staff to see if we can get something done at this location. 11. ADJOURNMENT MOTION by Szurek, second by Wyckoff, to adjoum the meeting. All ayes. Motion carried. f-- .... fP~2tricia Muscovitz, Deputydimity Clerk CITY COUNCIL LETTER Meeting of: OCTOBER 09, 2000 AGENDA SECTION: CONSENT NO: ITEM: NO: RESOLUTION CERTIFYING DELINQUENT ASSESSMENTS ORIGINATING DEPT. ASSESSING BY: JANE GLEASON DATE: OCTOBER 3 2000 CITY MANAGER APPROVAL The City Council is asked to adopt annually a Resolution to certify delinquent assessments to the County Property Tax Administrator for collection. This resolution includes delinquent special assessments, utility, and miscellaneous charges, totaling $78,860.08. Also, for the Council's information, staff has attached a balance sheet of 2000 current assessments and history showing the final amount being sent to Anoka County for placement on the tax rolls as $72.742.94. Staff recommends the Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000- 69, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-69, being a Resolution to certify delinquent assessments to Anoka County for collection with the Property taxes payable in 2001. COUNCIL ACTION: county\delqcuul cer CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 RESOLUTION NO. 2000 - 69 CERTiFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous abatement and delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 2000 totaling $78,860.08. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #83079. SAID LEVIES shall be enfomed and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 4, 2000. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. Passed this 9th day of October, 2000. Offered by: Seconded by: Roll Call: All ayes Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMpLOyMENT OR THE PROVISION OF SERVICES EQUAL OppORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENTS Current Balances 10% Penalty & County Fee Misc. Delinquent Utility Misc. Delinquent Bills $59,411.04 6,875.34 296.58 11,852.70 TOTAL DELINQUENT 2000 Minus Payments Received (9/18 thru 10/5) TOTAL 2000 AMOUNT CERTIFIED $78,435.66 5,692.72 $72,742.94 The current balance of $59,411.04 is 38.64% of the total billed as current, which was 153,761.87. CURRENT SPECIAL ASSESSMENT HISTORY (excluding delinquent utility and miscellaneous bills) YEAR TOTAL BILLED UNPAID CURRENT % CERTIFIED 1990 188 1991 187 1992 154 1993 105 1994 125 1995 159 1996 64 1997 71 1998 145 1999 135 2000 153 131.51 81,849.03 43.51% 314.27 54,051.09 28.86% 598.10 53,213.54 34.42% 192.39 33,219.35 31.58% 887.78 40,595.50 32.25% 282.22 72,695.02 45.64% 766.69 25,925.62 40.03% 693.40 28,140.52 39.26% 694.47 49,616.39 34.05% 956.85 49,735.43 36.59% 761.87 59,411.04 38.64% county\balpage, cer CITY OF COLUMBIA HEIGHTS Meeting of: October 9, 2000 AGENDA SECTION: NO: ITEM: Approve Assignment and Assumption of Administration Function Agreement for Single Family Mortgage Revenue Refunding Bonds. ORIGINATiNG DEPARTMENT: Commtmity Development BY: Kenneth R. Anderson DATE: September 25, 2000 CITY MANAGER APPROVAL BY:/d~,,~.,z~ ISSUE STATEMENT: This is a request to transfer responsibility for administration of the Single Family Mortgage Revenue Refunding Bonds, Series 1992A between the Cities of Brooklyn Center, Moorhead, Robbinsdale EDA, and Columbia Heights. This request is to transfer the responsibility for administration of the program from Miller and Schroeder Financial, Inc. to Firstar Bank, N. A. BACKGROUND: The City of Columbia Heights issued bonds jointly with the City of Brooklyn Center, Moorhead and Robbinsdale Economic Development Authority. As part of that bond issue, Miller and Schroeder Financial, Inc. was designated to act as the program administrator. Miller and Schroeder is proposing to transfer responsibility for administration of this program to Firstar Bank. The proposed transfer requires the consent of all the parties to the bond financing. RECOMMENDATION: We are recommending the City Council approve the proposed transfer of administration responsibility to Firstar Bank, N.A. and that the City Council authorize the City Manager to enter into an agreement for the same. RECOMMENDED MOTION: Move to approve the Assignment and Assumption of Administration Function Agreement between Miller and Schroeder Financial, Inc. and Firstar Bank, N.A. for the Single Family Mortgage Loan Program issued by the City of Brooklyn Center, City of Columbia Heights, City of Moorhead, and Robbinsdale Economic Development Authority; and furthermore, to authorize the City Manager to enter into an agreement for the same. Attachments COUNCIL ACTION: H:\Consent\Single Family Mrtg Loan transfer DATE: TO: FROM: CITY OF COLUMBIA HEIGHTS AUGUST 14, 2000 KEN ANDERSON COMMUNITY DEVELOPMENT DIRECTOR MULTI-CITY SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS OF 1992 Attached herewith is information and a proposed contract in relationship to the Single Family Mortgage Revenue Refunding Bonds Series 1992A between the cities of Brooklyn Center, Moorhead, Robbinsdale, and Columbia Heights. The documents indicate that Miller & Schroeder Financial, Inc. is transferring responsibility for administration of the program to Firstar Bank, N.A. As this is an item that was handled and initiated by the Community Development Department, I am forwarding the entire document to you for processing. On the surface, it appears that at a minimum the new contract needs to be signed and returned to John Clarey at Miller & Schroeder Financial, Inc. Once this is done, I would appreciate it if a copy could be sent to Patty Muscovitz for filing in the central file. If I can be of any further assistance to you in this endeavor, please let me 'know. ~/'E:sms 0008143CD Attachment c: Patty Muscovitz, Deputy City Clerk Walt Fehst, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Arm: Brad HolTman City of Columbia Heights 590 40~h Avenue NE Columbia Heights, MN 55421 Arm: William Elrite U.S. Bank Trust National Association 180 East Fifth Street Saint Paul, MN 55102 Arm: Diane Reynolds City of Moorhead 500 Center Avenue P.O. Box 779 Moorhead, IVlN 56561 Arm: Kaye Buchholz Robbinsdale Economic Development Agency 4100 Lakeview Avenue North Robbinsdale, IVlN 55422 Arm: Marcia Click Re: $5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Authority Bonds), $1,310,000 Series 1992 B and $335,000 Series 1992C Ladies and Gentlemen: As you know, Miller & Schroeder Financial, Inc. (or a wholly-owned affihate - together, "M&S'') is presently acting as the Program Administrator for the mortgage revenue bond program (the "Program") financed by the above-captioned bonds (the "Bonds"). You already know that M&S proposes to transfer responsibility for administration of the Program to Firstar Bank, N.A. ('~Firstar''), and for that purpose M&S has entered into an agreement with Firstar under which the "Administration Function" (the duties and obligations involved in administering the Program on your behalf) will be transferred to Firstar. Under the Amendment to Program Administration and Servicing Agreement, the transfer of the Administration Function requires the consent of all of you. The purpose of this letter is to formally request that you approve the proposed transfer. Enclosed are the Master Contract for the Transfer and Assignment of Program Administration between M&S and Firstar, together with a form of Assignment and Assumption of Administration Function for the Program financed by the Bonds. Both the Master Contract and the Assignment and Assumption have been executed by M&S and Firstar. A space is provided on that form for your consent and approval. 1968486vl 1 Legal counsel for both M&S and Firstar, and Leonard, Street and Deinard, have reviewed this matter. Leonard, Street has concluded that the proposed transfer of administration responsibility will not require any amendment to the Amendment to Program Administration and Servicing Agreement or the Indenture, nor will the transfer adversely affect the tax-exempt status of the Bonds. You should be aware that under Section 3.3 of the Master Contract, it is necessary for the transfer of 75% of the Assignments and Assumptions to be approved before the transfer as to any Program become effective. We ask, therefore, that you expedite your consideration of this matter. If you have any questions, you should feel flee to contact John Clarey at Miller & Schroeder Financial, Inc. (612) 376-1351 or Marcia Johnson at Firstar Bank, N.A. (952) 814-3400. Please deliver three (3) copies of your executed consent to either of those two individuals. Yours very truly, MILLER & SCHROEDER INANCIAL, INC. t968486vl 2 No. 1 ASSIGNMENT AND ASSUMPTION OF ADMINISTRATION FUNCTION Miller & Schroeder Financial, Inc. CM&S'') hereby assigns and transfers to Firstar Bank, N.A. ("Firstar") all of those duties and obligations comprising the "Administration Function" (as defined on Exhibit A hereto) with respect to the single family mortgage loan program (the "Program") financed by debt securities, namely the $5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Authority Bonds), $1,310,000 Series 1992B and $335,000 Series 1992C (the "Bonds") issued by the City of Brooklyn Center, the City of Columbia Heights, the City 'of Moorhead and the Robbinsdale Economic Development Authority (collectively, the "Issuer") pursuant to that certain Indenture of Trust dated October 1, 1992 (the "Indenture") by and between the Issuer and U.S. Bank Trust National Association as successor to First Trust National Association (the ";Finstee"). The Administration Function for the Program is provided for in the Program Administration and Servicing Agreement, as amended by that certain Amendment to Program Administration and Servicing Agreement dated as of October 1, 1992 (the "Program Agreement") by and among Knutson Mortgage Corporation, the Issuers and the Trustee. Knutson Mortgage Corporation subsequently assigned the Administrative Function to Miller & Schroeder Financial, Inc. The Administrative Function is defined on Exhibit A attached hereto. Firstar hereby accepts assignment and transfer to it of all of the duties and obligations comprising the Administration Function under the Program Agreement. This Assignment and Assumption is entered into pursuant to the terms and conditions of that certain Master Contract for the Transfer and Assignment of Program Administration dated as of August 1, 2000 (the "Master Contract") by and between M&S and Firstar, a tree and correct copy of which is attached hereto as Exhibit B. All terms capitalized but not otherwise defined in this Assignment and Assumption of Administration Function shall have the meanings assigned to such terms in the Master Contract. This Assignment and Assumption shall be effective as of the later of the date (a) on which this Assignment and Assumption is consented to and accepted by the Issuer, the Trustee and the Servicer named above or (b) specified in Section 3.3 of the Master Contract. MILLER & SCHROEDER FINANCIAL, INC. 1968486vl 1 Dated: FIRSTAR BANK, N.A. 1968486vl 2 Dated: CITY OF BROOKLYN CENTER, MINNESOTA By Its Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Dated: CITY OF MOORHEAD, MINNESOTA Bj Its Dated: ROBBINSDALE ECONOMIC DEVELOPMENT AUTHORITY By Its Dated: U.S. BANK TRUST NATIONAL ASSOCIATION By Its 1968486vl 3 The foregoing Assignment and Assumption is hereby consented to and accepted. The undersigned Servicer further acknowledges receipt of a copy of the Master Contract and agrees to abide by the terms hereof with respect to payment of fees and other matters relating to the Servicer and Firstar (as successor to M&S). Dated: TEIV[PLE-INLAND MORTGAGE CORPORATION By Its 1968486vl 4 EXt-ffBIT A ADMINISTRATION FUNCTION Administration Function: All of those duties under the Program Agreement relating to the administration of the Program, other than those included in the Servicing Function, including: monitoring and reporting to the Issuer and the Trustee with respect to the ofigination of mortgage loans; review of mortgage loan files for compliance with origination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance reports; monitoring of and supervision of loan pay-offs; assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and action in connection with mortgage bankmptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with tax-exempt bond requirements, where applicable; cooperation with the Trustee and Issuer with respect to administration of the Program; enfomement of the obligations and duties of the servicer(s) of the mortgage loans made or purchased pursuant to the Program; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function (as defined in the Master Contract). 1968486vl 5 Dated: CITY OF BROOKLYN CENTER, MINNESOTA By Its Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Dated: CITY OF MOORHEAD, MENNESOTA By Its Dated: ROBBINSDALE ECONOMIC DEVELOPMENT AUTHORITY By Dated: U.S. BANK TRUST NATIONAL ASSOCIATION By Its 1968486vl 3 MASTER CONTRACT FOR THE TRANSFER AND ASSIGNMENT OF PROGRAM ADMINISTRATION by and between MILLER & SCHROEDER FINANCIAL, INC. and FIRSTAR BANK, N.A. Dated as of August 1, 2000 This agreement drafted by: Leonard, Street and Deinard Professional Association 30 East Seventh Street, Suite 2270 St. Paul, Minnesota 55101 1952350vl TIllS MASTER CONTRACT FOR THE TRANSFER AND ASSIGNMENT OF PROGRAM ADMINISTRATION is made and entered into as of the first day of August, 2000, by and between MILLER & SCHROEDER FINANCIAL, INC., a Minnesota corporation, on behalf of itself and its ~vholly~o~vned affiliates (together, "M&S") and FIRSTAR BANK, N.A., a national banking association ("Firstar"). RECITALS: A. M&S is presently the duly qualified and acting mortgage banker providing administration services with respect to various public mortgage bond programs; and B. M&S wishes to assign and transfer the Administration Function (as defined herein) with respect to each such program to Firstar; and C. Firstar is willing to accept assignment and transfer to it of the Administration Function with respect to each such program, and is qualified under the agreements and other documents relating to each such program to undertake and perform the duties and obligations comprising the Administration Function with respect to each such program; and D. The current servicer for each program will retain the Servicing Function (as defined herein) with respect to each such program; and NOW, THEREFORE, in consideration of the mutual promises and agreements made herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, M&S and Firstar agree as follows: ARTICLE I DEFI2NITIONS For the purposes of this Agreement; the following terms, whenever capitalized in this Agreement, shall the meanings assigned to such terms of this Article I. Administration Fee: With respect to each Program, the amount to be remitted by M&S to Firstar, or paid directly to Firstar, as Firstar's fee for performing the Administration Function, all as further provided in Sections 4.1 and 4.2.. Administration Function: All of those duties under each Program Agreement relating to the administration of each Program, other than those included in the Sendoing Function, including: monitoring and reporting to the Issuer and the Trustee with respect to the originafion of mortgage loans; review of mortgage loan files for compliance with o~gination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance 1952350vl reports; monitoring of and supervision of loan pay-offs, assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and actions in connection with mortgage bankruptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with tax-exempt bond requirements, where applicable; cooperation with each Trustee and Issuer with respect to administration of each Program; enforcement of the obligations and duties of the servicer(s) of the mortgage loans made or purchased pursuant to each Proggram; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function. Assim'n'nent and Assumption: With respect to each Program and the related Program Agreement, the Assignment and Assumption of Administration Function relating thereto, each of which shall be in substantially the form of Exhibit A hereto. Issuer: With respect to each Program, the political subdivision or public body, corporate and politic, which has issued debt securities for the purpose of making or purchasing mortgage loans which are the subject of the related Program Agreement. ProCure: The program of making or purchasing residential single-family mortgage loans undertaken by each Issuer. Program A.,Xreement: With respect to each Program, the agreement by and between the Issuer and/or Trustee and M&S providing for the Administration Function with respect to that Program; if the Administration Function is provided for in a separate agreement from that which provides for the Servicing Function, "Program Agreement" shall be construed to refer only to such separate agreement; if the Administration Function and Servicing Function are provided for in one agreement, "Progain Agreement" shall be construed (unless the context herein requires otherwise) to refer only to the provisions of such agreement which provide for the Administration Function. Servicer: With respect to each Program, the current servicer identified on Exhibit A hereto. Servicin~ Fee: That portion of the total fees paid to the Servicer under each Program Agreement which will be retained by the Servicer pursuant to Article IV hereof as its compensation for its performance of the Servicing Function for the related Program. Servicin~ Function: All of those duties and responsibilities which are normally and customarily part of the function of servicing single-family residential mortgage loans for each Program, including without limitation: collection of regular monthly principal and interest payments and remittance of those payments, net of servicing compensation, to the holder of the mortgage; collection of monthly insurance premium and real estate tax payments (if required by the mortgage) and maintenance of the escrow accounts for those payments and remittance of the tax or insurance premium payments to the payees thereof; providing regular reports to the mortgage holder and the mortgagor as required by law or by the applicable Program Agreement; monitoring and keeping in fome required insurance (both hazard insurance on the property and mortgage insurance, if applicable); monitoring delinquencies and contact with mortgagors to cure delinquencies to arrange payment plans; initiating or recormmending initiation of foreclosure proceedings; retention of legal counsel and prosecution of foreclosure or other enforcement actions 2 to completion; filing of primary mortgage insurance or guaranty claims, if applicable; marketing and sale of properties acquired in foreclosure; maintenance of books and accounts both for individual mortgage loans and for all mortgage loans serviced and reporting with respect thereto; and other functions necessarily related to the foregoing, but excluding those functions, duties and obligations included in the Administration Function. Trustee: The corporate trustee or other fiduciary appointed by the Issuer with respect to the debt securities issued by the applicable Issuer to finance the applicable Program. Any terms capitalized, but not otherwise defined in this Agreement, shall have the meanings (a) generally understood for such terms in the mortgage banking industry, or Co) assigned to such terms by generally accepted accounting principles, as applicable to the mortgage banking industry. ARTICLE II REPRESENTATIONS AND WARRANTI2ES Section 2.1. Representations and Warranties of M&S. M&S hereby represents and warrants to Firstar as follows: (a) M&S is the duly appointed and .acting administrator with respect to each Program listed on Schedule I hereto; and has full power and authority with the consent of the Issuer and/or Trustee (where required) to assign and transfer the Administration Function with respect to each Program to Firstar. (b) M&S is a corporation duly organized and existing under the laws of the State of Minnesota, is duly authorized to conduct its activities in all states where its activities require such authorization, has the power to enter into this Agreement and any other instruments or documents required to be executed in connection herewith, including specifically the Assignment and Assumption with respect to each Program. (c) M&S is presemly performing all of the duties and obligations comprising the Administration Function with respect to each Program, and, except as disclosed to Firstar, neither the Issuer nor the Trustee for any Program has declared that M&S is in default of its obligations under the applicable Program Agreement, nor, except as disclosed to Firstar, does any event or condition exist on the date of this Agreement which, but for the giving of notice or the passage of time, would give rise to a material default on the part of M&S under any Program Agreement. (d) The execution and delivery of this Agreement and of each Assignment and Assumption and the consummation of the transactions contemplated thereby and the fulfillment of the terms and conditions thereof, do not and will not conflict with and result in any breach of any of the terms or conditions of M&S's articles of incorporation or bylaws, or of any restriction contained in any agreement or instrument to which M&S is 1952350vl now a party or by which it is bound or to which any property of M&S is subject, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of M&S contrary to the terms of any instrument or agreement to which M&S is a party or by which it is bound, and will conflict with any present order, rule or regulation applicable to M&S of any federal or state court or federal or state regulator3? body or administrative agency or other governmental agency having jurisdiction over M&S; provided that M&S makes no representation or warranty to any Assignment or Assumption with respect to any Program urdess such Assignment and Assumption is consented to by the applicable Issuer and/or Trustee, where required by the applicable Program Agreement or any related agreement. (e) Except as disclosed to Firstar, there are no actions, suits or proceedings pending or, to the best knowledge of M&S, overtly threatened against M&S or any property of M&S before any court or federal, state, municipal or other governmental agency which, if decided adversely to M&S, would have a material adverse effect upon transactions contemplated by this Agreement or any Assignment and Assumption. No approval or prior review is required from any federal or state public regulatory body with respect to M&S's entering into or performing this Agreement, except such approval or prior review as has already occurred or is required in order to make any Assignment and Assumption effective under the terms of the applicable Program Agreement. Except as disclosed to Firstar, there is no litigation or other proceeding pending, or to the best knowledge of M&S overtly threatened, seeking to restrain or enjoin the transactions contemplated by this Agreement, or questioning the validity of this Agreement or of any Assignment and Assumption, or in any way questioning the existence or powers of M&S. (f) M&S has by proper corporate action duly authorized, executed and delivered this Agreement and will have duly authorized, executed and delivered each Assignment and Assumption, and this Agreement and each Assignment and Assumption constitutes, or will constitute, the valid and binding obligation of M&S, enforceable in accordance with its terms, except as the enforceability thereof may be limited by state and federal laws affecting remedies and by banlcmptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement ofcreditor's rights. Section 2.2. Representations and Warranties of Firstar. Firstar hereby represents and warrants to M&S as follows: (a) Firstar Bank, N.A. has full power and authority with the consent of the Issuer and/or Trustee (where required) to accept, assign and transfer of the Administration Function with respect to each Program to Firstar. (b) Firstar Bank, N.A. is a national banking association, and is duly authorized to conduct is activities in all states where its activities required such authorization, has the power to enter into this Agreement and any other instruments or documents required to be 1952350vl 4 executed in connection herewith, including specifically the Assignment and Assumption with respect to each Program. (c) The execution and delivery of this Agreement and of each Assignment and Assumption and the consummation of the transactions contemplated thereby and the fulfillment of the terms and conditions thereof, do not and will not conflict with and result in any breach of any of the terms or conditions of Firstar's articles of incorporation charter or bylaws, or of any restriction contained in any agreement or instrument to which Firstar is now a party or by which it is bound or to which any property of Firstar is subject, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Firstar contrary to the terms of any instrument or agreement to which Firstar is' a party or by which it is bound, and will not conflict with any present order, rule or regulation applicable to Firstar of any federal or state court or federal or state regulatory body or administrative agency or other governmental agency having jurisdiction over Firstar; pr6vided that Firstar makes no representation or warranty as to any Assignment or Assumption with respect to any Program unless such Assignment and Assumption is consented to by the applicable Issuer and/or Trustee, where required by the applicable Program Agreement or any related agreement. (d) There are no actions, suits Or proceedings pending or, to the best knowledge of Firstar, overtly threatened against Firstar or any property of Firstar before any court or federal, state, municipal or other governmental agency which, if decided adversely to Firstar, would have a material adverse effect upon transactions contemplated by this Agreement or any Assignment and Assumption. No approval or prior review is required from any federal or state public regulatory body with respect to Firstar entering into or performing this Agreement, except such approval or prior review as has already occurred or is required in order to make any Assignment and Assumption effective under the terms of the applicable Program Agreement. There is no litigation or other proceeding pending, or to the best knowledge of Firstar overtly threatened, seeking to restrain or enjoin the transactions contemplated by this Agreement, or questioning the validity of this Agreement or of any Assignment and Assumption, or in any way questioning the existence or powers of Firstar. (e) Firstar has by proper corporate action duly authorized, executed and delivered this Agreement and will have duly authorized, executed and delivered each Assigranent and Assumption, and this Agreement and each Assignment and Assumption constitutes, or will constitute, the valid and binding obligation of Firstar, enfomeable in accordance with its terms, except as the enfomeability thereof may be limited by state and federal laws affecting remedies and by bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement ofcreditor's rights. (f) Firstar has been given adequate opportunity to review the terms of each Program Agreement and has undertaken such investigation of each Program and Program Agreement as it has deemed necessary for the purposes of the transactions contemplated by this Agreement. 1952350vl 5 (g) Firstar Bank, N.A., is duly qualified as (i) a FNMA-approved seller-servicer of FHA insured, VA-guaranteed or conventional mortgage loans, (ii) a FNMA/FHI,MC seller-servicer, or (iii) qualified to service FHA-insured, VA-guaranteed mortgage loans or conventional mortgage loans, and (iv) qualified in the manner and with the approvals required to perform the Administration Function under each Program Agreement or (v) to the extent not so qualified, has obtained from the applicable Issuer and/or Trustee a waiver of such qualifications. Firstar specifically represents and warrants. that to the extent that Firstar Bank, N.A. may lack any such qualification, any duty or obligation requiring such qualification shall be undertaken and performed by another financial institution or mortgage banker possessing such qualification which is retained by Firstar, at its own expense, for that purpose. Section 2.3 Mutual Representation and Agreement: Cooperation. M&S and 'Firstar hereby mUtually acknowledge and represent to each other that it is the purpose of this Agreement to accomplish the transfer and assigrnment of the Administration Function with respect to each of the Programs listed on Schedule I hereto. In order to effectuate that purpose, M&S and Firstar hereby mutually agree that each of them shall coopSrate with the other in obtaining the consents and approvals of the applicable Issuers and/or Trustees to each Assigrmaent and Assumption and shall undertake, at their own expense, such efforts as may be necessary and desirable to obtain such consents and approvals. ARTICLE HI TRANSFER OF ADM1NSTRATION FUNCTION Section 3.1 Assignment and Transfer of Administration Function. M&S hereby agrees to transfer and assign to Firstar, and Firstar hereby agrees to accept the assignment and transfer to it by M&S, and to assume, the Administration Function with respect to each Program listed on Schedule I hereto. Section 3.2 Assignment and: Assumption for Each Program. M&S hereby agrees to execute and deliver to Firstar, and Firstar hereby agrees to accept and acknowledge, an Assignment and Assumption in substantially the form of Exl'fibit A hereto, with respect to each Program. Section 3.3 Effective Date of Master Contract and each Assim'Lment and Assumption. This Master Contract shall be effective upon execution hereof, and of each Assignment and Assumption by M&S and Firstar, and upon delivery by M&S to Firstar of: each Assignment and Assumption (if required) by the applicable Issuer, Trustee and Setricer, the Program Agreements; the files (or true and correct copies thereof) relating to each Program and the related mortgage 1952350vt loans; all other books and records including financial records relating to each Program and the related mortgage loans. With respect to each Program, the effective date of the transfer and assignment of the Administration Function with respect thereto shall be as of the date on which the last required consent or approval from the applicable Issuer and/or Trustee has been received. In any case in which the consent or approval of the Issuer and/or Trustee is not required, the effective date of the Assignment and Assumption shall be as of the date of its mutual execution and delivery by the parties hereto. Notwithstanding the foregoing, the Assignments and Assumptions with respect to each Program shall not be deemed effective until and unless the Assignments and Assumptions for 75% of the total number of Programs shall have become effective; provided, however, that M&S and Firstar may waive the requirements of this sentence as to any one or more programs. Unless 75% of the Assignment and Assumptions are approved on or before September 1, 2000, unless such requirement is wiived, this Agreement shall automatically terminate and be of no further force in effect and all previously executed Assignments and Assumptions, even if consented to by the applicable Issuers and/or Trustees, shall also terminate and be of no further force or effect. Section 3.4 Effect on Issuers, Trustees and Servicers. M&S and Firstar agree that from and after the effective date of each Assignment and Assumption (unless terminated as provided in Section 3.3), the related Issuer, Trustee and Servicer shall look solely to Firstar for performance of the Administration Function with respect to the related Program, and M&S shall have no further duty or obligation with respect to the Administration Function for that Program except as expressly provided in this Agreement. In all other respects, nothing in this Agreement shall be construed to limit, modify or amend the rights or duties or remedies of any Issuer, Trustee or Servicer. Section 3.5 Books and Records. Upon each Assignment and Assumption becoming effective, M&S shall deliver to Firstar, or its designated agent, all books~a~d records in its possession relating to the Administration Function for the related Program. ARTICLE IV COMPENSATION Section 4.1 Administration Function Compensation. The compensation to be paid to Firstar for its performance of the Administration Function with respect to each Program shall be as follows: 7 a. 10 basis points (0.001%) for each Program for which the outstanding principal balance of all mortgage loans as of the date of this Agreement is equal to or more than $15,000,000; or b. 12.5 basis points (0.00125%) with respect to each Program for which the outstanding principal balance of all mortgage loans as of the date of this Agreement is less than $15,000,000; provided, that with respect to Programs for which the fee for the Administration Function is separately specified and provided for, by separate Program Agreement or otherwise, the compensation to be paid to Firstar shall be as stated in the applicable Program Agreement. For the purposes of the foregoing clauses (a) and Co), Firstar's compensation for its performance of the Administration Function, for each monthly period, shall be equal to the number of basis points stated above multiplied by the aggregate trial balance of all mortgage loans included in the Program, a~ that trial balance is reported by the Servicer for the applicable Program for the applicable monthly period; provided that to the extent that any Program Agreement provides that the compensation of the administrator/servicer thereunder shall not be paid with respect to any specific mortgage loan (e.g., a mortgage loan with respect to which monthly principal and interest payments are then delinquent), a corresponding portion of the compensation to Firstar with respect to that Program shall not be payable until and unless the compensation of the administrator/servicer is payable under the terms of the applicable Program Agreement. Section 4.2 Remittance of Administration Function Compensation. Except in those cases in which the fee to be paid to Firstar for performance of the Administration Function is separately stated and paid, the Servicer shall remit to Firstar the portion of the total compensation paid to or retained by the administrator/servicer under the terms of the applicable Program Agreement at such times as the Servicer receives such amounts. To the extent that specific Program Agreements permit the Servicer to withhold compensation for the administrator/servicer from monthly payments made by mortgagors, such remittances shall be made monthly. To the extent that any Program Agreements provides that the compensation for the Administration Function is payable from a source, or at times, other than withholding from monthly payments made by mortgagors, the. Sexricer shall remit the compensation to Firstar for performance of the Administration Function at the times that compensation for the Administration Function is received, and in the amounts specified in Section 4.1 hereof. In cases where compensation for the Administration Function is payable separately from compensation for the Servicing Function, the Administration Function compensation shall be paid directly to Firstar, or if received by M&S or the Servicer, remitted promptly to Firstar. Section 4.3 Advances. From and after the effective date of each Assignment and Assumption, the obligations of Firstar to make advances shall be as provided in the applicable Program Agreement. If the Program Agreement does not specify whether Firstar is obhgated to make advances, the obligations to make advances shall be that of Firstar where the advance is necessary in the course 1952350vl 8 of performance of the Administration Function. Firstar shall, to the extent permitted by the applicable Program Agreement, shall seek reimbursement for advances liom funds held by the selected Trustee unless the applicable Indenture, rather than seeking reimbursement for advances fi~om funds held or collected by the Servicer in the course of performing the Servicing Function. To the extent any Program Agreement permits or authorizes the administrator to obtain reimbursement for amounts advanced, Firstar agrees that it shall be responsible for obtaining reimbursement for its own advances. ARTICLE V LIABILITY AND I:NDEMNITY Section 5.1 Liability of M&S. M&S is and shall remain liable for any acts or omissions to act under any Program Agreement, which act or omission occurred prior to the effective date of the Assignment and Assumption relating to that Program Agreement, and M&S shall indemnify and hold Firstar harmless fi'om all losses, claims, damages and liabilities, including reasonable attomeys' fees, arising with respect thereto. Section 5.2 Liability of Firstar. Firstar shall be liable for all acts and omissions to act in the course of performing the Administration Function occurring from and a~er the effective date of the Assignment and Assumption with respect to each Program Agreement, and shall indemnify and hold M&S harmless from all losses, claims, damages and liabilities, including reasonable attorneys' fees, arising with respect thereto. For the purposes of this Section, the standard of care specified in the applicable Program Agreement, and the duties and obligations specified therein, shall be the basis for the liability of Firstar, if any, and nothing herein shall be construed to impose on Firstar any higher or different standard of care or duty to perform. Section 5.3 Riv. hts A~alns~.Predecessors. Nothing in this Agreement shall be construed to limit the right of Firstar to assert a claim against any person or entity which performed the Administration Function for any Program before M&S began performing the Administration Function for that Program. Firstar shall be deemed a successor to and assignee of the rights of M&S under all contracts, agreements or instruments under which the Administration Function for any Program was transferred to M&S, and accordingly Firstar shall have the right to proceed directly against any predecessor of M&S with respect to any matter for which the predecessor may be liable because of an act or omission to act which occurred while such person performed the Administration Function for the selected Program. 1952350vl Section 5.4 Dispute Arbitration. Firstar and M&S hereby agree if any loss, damage, liability or claim should arise relating to an act or omission to act which occurred during the period that M&S performed the Administration Function for a Program, and the parties hereto are in dispute over whether M&S is liable to Firstar with respect thereto, such dispute shall be submitted to binding arbitration. In any such case, such arbitration shall be conducted by, and in accordance with the rules and procedures of, the American Arbitration Association. Each of M&S and Firstar shall have the right to select one arbitrator, and the two arbitrators so selected shall select a third arbitrator, and the decision of a majority of such arbitrators shall be binding upon the parties. The parties shall mutually direct the arbitrators to render their decision in writing, and such decision shall be enforceable in any court of law of competent .jurisdiction. ARTICLE VI GENERAL PROVISIONS Section 6.1 Govemin~ Law. This Agreement, and each Assignment and Assumption, shall be governed by and construed in accordance with the laws of the State of Minnesota; provided that to the extent that any Program Agreement specifies that all matters arising thereunder shall be governed by the laws of a different jurisdiction, the laws ofthat.jurisdiction shall govern and control with respect to that matter only. Section 6.2 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original document. Section 6.3 Amendments. This Agreement may only be;amended by a writing executed by both of the parties hereto, and no oral agreement or understanding shall be deemed an effective amendment of this Agreement. Section 6.4 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1952350vl 10 Section 6.5 No Pd~hts Conferred on Others. Except as provided in Section 3.4, nothing in this Agreement shall confer any rights, as a third party beneficiary or other,vise, on any person other than M&S and Firstar and their successors and assigns. Section 6.6 Si~nators Not Liable. This Agreement is executed by the officers of M&S and Firstar respectively, in their capacities as such officers. No covenant, stipulation, obligation, representation, warranty, or agreement contained herein shall be deemed to be a covenant, stipulation, obligation, representation, warranty or agreement of any present or future trustee, agent, counsel, officer or employee of M&S or Firstar in his or her individual capacity, and no officers executing this Agreement shall be liable personally on account of this Agreement. Section 6.7 Successors and Assigns. Neither M&S nor Firstar shall assign or transfer all or any part of its duties, obligations or rights under any Program Document except as pen'nitted by the applicable Program Agreement. The transactions contemplated by this Agreement shall be deemed a sale of intangible property and contract rights which vests full ownership thereof in Firstar and enables Firstar to further transfer and assign the Administration Function to any or all Programs to the extent permitted by the applicable Program Agreement. This Agreement shall be binding on the permitted successors and assigns of the parties. Section 6.8 Entire A~eement. This Agreement together with each of the Assignment and Assumptions referred to herein shall constitute the entire Agreement of M&S and Firstar as to the subject matter hereof. This Agreement supersedes and replaces all prior written or oral agreements or understandings between the parties with respect to the subject matter of this Agreement. Remainder.~fthis page lef~ blank intentionally. 1952350vl 11 IN WITNESS WHEREOF, Miller & Schroeder Financial, Inc. and Firstar Bank, N.A. set their hands as of the day and year first above written. 12 FIRST N.A, Its / 1952350vl 13 2 3 4 6 7 9 No. SCHEDULE I PROGRAMS Nattie $5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Bonds); $1,310,000 - Series 1992B, $335,000 - Series 1992C issued by City of Brooklyn Center, City of Colarabia Heights, City of Moorhead and Robbinsdale Economic Development Authority $20,000,000 Single Family Mortgage Revenue Bonds Series 1983 issued by the City of Davenport, Iowa $7,930,000 Single Family Housing Revenue Bond Program, Series 1984 issued by The City of Duluth, St. Louis County, Minnesota $16,595,000 Single Family Mortgage Revenue Bonds Series 1980 Refunded by Single Family Mortgage Revenue Bonds Series 1991A and Series 1991B issued by the City of Faribault, Minnesota $30,000,000 Redevelopment Mortgage Revenue Bonds (Riverplace Project) issued by the City of Minneapolis, Minnesota S26,335,000 Single Family Mortgage Revenue Variable Rate Refunding Bonds (FHLMC and GNMA Mortgage-Backed Securities Program - Saint Paul Middle Income Pro~am, Phase III) Series 1997 issued by the city of Minneapolis Minnesota and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota $20,000,000 Residential Mortgage Revenue Bonds - Refunded by $8,170,000 Single Family Mortgage Revenue Refunding Bonds, Taxable Series 1992A and $2,200,000 Single Family Mortgage Revenue Refunding Bonds, Series 1992B issued by the City of Moorhead $5,865,000 Single Family Residential Mortgage Revenue Refunding Bonds (GNMA Mortgage-Backed Securities Program) Series 1991-A issued by the City of St. Louis Park, Minnesota $35,000,000 Housing Development Revenue Bond Series A - Refunded by $7,530,000 Single Family Mortgage Revenue Refunding Bonds, Series 1996 issued by the City of Vadnais Heights, Minnesota 1952350vl Schedule I - 1 i0 1I 12 13 14 15 16 i7 18 10,523,000 Single Family Mortgage Revenue Bonds (FNMA and GNMA Mortgage-Backed Securities Program) Series 1995 issued by The Dakota County Housing and Redevelopment Authority I0,535,000 Single Family Mortgage Revenue Bonds (Fannie Mac and Ginhie Mac Mortgage-Backed Securities Program) Series 1998A and $17,987,500 Single Family Mortgage Revenue Refunding Bonds (Fanvie Mac and Ginhie Mac Mortgage-Backed Securities Program) Series 1998B issued by The Dakota County Housing and Redevelopment Authority $26,450,000 Series A & B Single Family Bond Program First Time Home Buyers, Series 1994 issued by The Dakota County Housing and Redevelopment Authority $5,315,000 (Cities of Eagan and West St. Paul) Single Family Residential Mortgage Revenue Bonds (GNMA Mortgage-Backed Securities Program) Series 1986 issued by The Dakota County Housing and Redevelopment Authority $9,745,000 Single Family Mortgage Revenue Bonds, Series 1983 issued by The Dakota County Housing and Redevelopment Authority $23,500,000 Single Family Mortgage Revenue Bonds, Series 1984 issued by The Dakota County Housing and Redevelopment Authority $27,500,000 Single Family Mortgage Revenue Bonds issued by The Dakota County Housing and Redevelopment Authority and the Redevelopment Authority in and for the City of South Saint Paul, Minnesota $10,523,000 Single Family Mortgage Revenue Bonds CFNMA and GNMA Mortgage Backed Securities Program) Series 1996A, $11,300,000 Single Family Mortgage Revenue Refunding Bonds (FNMA and GNMA Mortgage Baehed Securities Program) Series 1996B and $815,000 Single Family Mortgage Revenue Bonds (FNMA and GNMA Mortgage Backed Securities Program) Series 1996C and issued by The Dakota County Housing and Redevelopment Authority and Steams County Housing and Redevelopment Authority $49,940,000 Residential Rehabilitation Revenue Bonds, December I, 1979 Single Family Mortgage Revenue Bonds $15,800,000 Series 1991A (BMHR), $3,400,000 Series 1991B, $20,000,000 Series 1991C and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 1952350vl Schedule I - 1 19 20 21 22 23 24 25-1 25-2 26 $120,000,000 Single Family Housing Revenue Bonds (Equity Participation Loan Program) and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the Minneapolis Community Development Agency $125,000,000 Variable Rate Monthly Demand Bonds (Home Ownership Mortgage) and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the Minneapolis Community Development Agency $15,850,000 Single Family Mortgage Revenue Bonds (Minneapolis/Saint Paul Family Housing Program) Phase X(2) and issued by the Minneapolis/Saint Paul Housing Finance Board $24,500,000 Home Ownership Revenue Bonds (Joint Housing Program) Refunded by Minneapolis Cornmnnity Development Agency and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota $24,500,000 Home Ownership Revenue Bonds (Joint Housing Program) $20,500,000 Single Family Mortgage Revenue Refunding Bonds (HOP VI) (Fannie Mac and GNMA Mortgage-Backed Securities Program - Home Ownership Program (Series 1998) and issued by the Minneapolis/Saint Paul Housing Finance Board $20,000,000 Single Family Mortgage Revenue Bonds (Minneapolis/Saint Paul Family Housing Program, Phase X, FNMA and GNMA Mortgage- Backed Securities Program) Series I994 and issued by the Minneapolis/Saint Paul Housing Finance Board Minnesota First Mortgage Pass-Through Series 1984A1) Variable Pass- Through Rate issued by the Minnesota Mortgage Marketing Corporation Minnesota Firs~ Mortgage Pass-Through Series 1984A2) Variable Pass- Through Rate issued by the Minnesota Mortgage Marketing Corporation $8,510,000 Single Family Mortgage Revenue Refunding Bonds (Fannie Mae Mortgage-Backed Securities Program), Series 1994A and $5,931,644 Single Family Mortgage Revenue Bonds (Fannie Mac Mortgage-Backed Securities Program), Series 1994B issued by The Dakota County Housing and Redevelopment Authority, the Washington County Housing and Redevelopmerit Authority, the Stearns County Housing and Redevelopment Authority, the Chisago County Housing and Redevelopment Authority and the Southcentral Minnesota Multi-County Housing and Redevelopment Authority 1952350vl Schedule I - 1 27 29 3O 28 $13,394,738 Single Family Mortgage Revenue Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1997 issued by the Anoka County Housing and Redevelopment Authority (The); Housing and Redevelopmeat Authority of Hibbing, Minnesota; Northwest Minnesota Multi-County Housing and Redevelopment Authority; Olmsted County Housing and Redevelopment Authority (The); Scott County Housing and Redevelopment Authority; Southeastern Minnesota Multi-County Housing and Redevelopmeat Authority and Stearns County Housing and Redevelopment Authority $21,131,614 Single Family Mortgage Revenue Bonds FHLMC and GNMA Mortgage-Backed Securities Program)Series 1995A, $1,935,000 Single Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1995B, $1,100,000 Single Family Mortgage Revenue Mortgage-Backed Securities Family Mortgage Revenue Mortgage-Backed Securities Refunding Bonds (FHLMC and GNMA Program) Series 1995C, $720,000 Single Refunding Bonds (FHLMC and GNMA Program) Series 1995D, $355,000 Single Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1995E and issued by the Carver County Housing and Redevelopment Authority (The); The Dakota County Housing and Redevelopmeat Authority; The Northwest Minnesota Multi-County Housing and Redevelopmeat Authority; The Olmsted County Housing and Redevelopmeat Authority; The Scott County Housing and Redevelopment Authority; The Southcentral Minnesota Multi-County Housing and Redevelopment Authority; The Southeastern Minnesota Multi-County Housing and Redevelopmeat Authority; The Steams County Housing and Redevelopmeat Authority; and The Wadena Housing and Redevelopment Authority S10,061,934 Single Family Mortgage Revenue Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1996 Single Family, Mortgage Revenue Bonds (FHLMC and GNMA Mortgage- Backed Securities Program) $7,752,706 Series 1998A / Single Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Mortgage- Backed Securities Program ) $2,551,863 Series 1998B, $3,176,770 Series 1998C, $6,634,546 Series 1998D and $2,358,217 Series 1998E and issued by the Northwest Minnesota Multi-County Housing and Redevelopmeat Authority; Olmstead County Housing and Redevelopment Authority; Housing and Redevelopment Authority in and for the City of St. Cloud, Minnesota; Stean~s County Housing and Redevelopment Authority; Anoka County Housing and Redevelopment Authority; Carver County Housing and Redevelopment Authority; Housing and Redevelopment Authority of the City of Hibbing, Minnesota; Rice County Housing and Redevelopment Authority; Scott County Housing and Redevelopment 1952350vl Schedule I - 1 31 32 33 34 Authority; and Southeastern Minnesota Multi-County Housing and Redevelopment Authority $15,000,000 Single Family Mortgage Revenue Bonds, Series 1984 issued by Shawnee County, Kansas $16,000,000 Single Family Mortgage Revenue Bonds, Series 1985 issued by Shawnee County 1984 $3,500,000 (City of Cottage Grove) Single Family Residential Mortgage Revenue Bonds (GNMA Mortgage-Backed Securities Program) Series 1986 issued by the Washington County Housing and Redevelopment Authority Take Credit issued by the Minneapolis/Saint Paul Housing Finance Board EXHIBIT A FORM OF ASSIGNMENT AND ASSUMPTION ASSIGNMENT AND ASSLrMPTION OF ADMINISTRATION FUNCTION Miller & Scbxoeder Financial, Inc. ("M&S") hereby assigns and transfers to Firstar Bank, N.A. ("Firstar") all of those duties and obligations comprising the "Administration Function" (as defined on Exhibit A hereto) with respect to the single family mortgage loan program (the "Program") financed by debt securities, namely the (the "Bonds") issued by (the "Issuer") pursuant to that certain dated (the "Indenture") by and between the Issuer and (the "Trustee"). The Administration Function for the dated as of and Function is defined on Exhibit A attached hereto: Program is provided for in that certain (the "Program Agreement") by and among The Administrative Firstar hereby accepts assignment and transfer to it of all of the duties and obligations comprising the Administration Function under the Program Agreement. This Assignment and Assumption is entered into pursuant to the terms and conditions of that certain Master Contract for the Transfer and Assignment of Program Administration dated as of ,2000 (the "Master Contract") by and between M&S and Firstar, a tree and correct copy of which is attached hereto as Exhibit B. All terms capitalized but not otherwise defined in this Assignment and Assumption of Administration Function shall have the meanings assigned to such terms in the Master Contract. This Assignment and Assumption shall be effective as of the later of the date (a) on which this Assignment and Assumption is;consented to and accepted by the Issuer, the Trustee and the Servicer named above or Co) specified in Section 3.3 of the Master Contract. MILLER & SCI-IR.OEDER FINANCIAL, INC. By Its A-I Dated: FIRSTAR BANK, N.A. By Its 1952350vl A-2 Dated: (ISSUER) By Its Dated: (TRUSTEE) By Its The foregoing Assignment and Assumption is hereby consented to and accepted. The undersigned Servicer further acknowledges receipt of a copy of the Master Contract and agrees to abide by the terms hereof with respect to payment of fees and other matters relating to the Servicer and Firstar (as successor to M&S). (SERVICER) Dated: By Its A-4 EXHIBIT A ADMINISTRATION FUNCTION Administration Function: All of those duties under the Program Agreement relating to the administration of the Program, other than those included in the Servicing Function, including: mon/toring and reporting to the Issuer and the Trustee with respect to the origination of mortgage loans; review of mortgage loan files for compliance with ofigination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance reports; monitoring of and supervision of loan pay-offs; assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and action in connection with mortgage bankruptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with ~ax-exempt bond requirements, where applicable; cooperation with the Trustee and Issuer with respect to administration of the Program; enforcement of the obligations and duties of the servicer(s) of the mortgage loans made or purchased pursuant to the Program; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function (as defined in the Master Contract). 1952350vl A-5 CITY COUNCIL LETTER AGENDA SECTION: NO: /'{ ~/A- ITEM: 2001 League of MN Cities Membership Dues NO: ORIGINATING DEPT: Administration BY: Walt Fehst DATE: October 2, 2000 Meeting of: October 9, 2000 CITY MANAGER APPROVAL Background: Attached is an Invoice from the League of Minnesota Cities for their annual 2001 Membership Dues, in the amount of $10,288. Recommendation: MOTION: Move to authorize payment to the League of Minnesota Cities for 2001 membership dues in the amount of $10,288. COUNCILACTION: League of Minnesota Cities Cities building quality communities through excellence in governance, management and services to citizens City: Columbia Heights Building Quality Communities Membership Dues Invoi EfJbctive during 2000-2001:,:, Cities with a pop~a~on o~ , ~' k ~ 249 OR ~S .......................................................................................................................2~L. $254 250-4,999 ...........................................................................$88 PLUS 67.34 CEgS PER ~A 5,000-9,999 ......................................................................$703 PLUS 55.03 CEgS PER ~ITA 10,000-19,999 ..............................................................$1,520 PLUS 46.85 CE~S PER ~A 20,00049,999 ..............................................................$5,199 PLUS 28.46 CEgS PER ~ITA 50,000-299,999 ............................................................$15,394 PLUS 8.08 CEgS PER ~ITA 300,000 gD O~R ..................................................$25,949 PLUS 4.56 CEgS PER ~ITA (Thk sched~ ~ptedJune 15, 2~. Toml mu~d ~ neamst ~r.) For membership dues in the League of Minnesota Cities for the year beginning September 1, 2000. Annual dues for membership in the League of Minnesota Cities includes subscription at $25 each m Minnesota Citks magazine. Pursuant to the disclosure requirements of Minnesota Statutes 1996, Section 6.76, the proportionate mount of dues spent for lobbying purposes is 11.4%. Payment from Public Fund, Authotigd by Minn. Stau., Sec 465.58 $1 O, 28 8 I declare under the penalflu of law that the foregoing account is just and correct and that no part of it has been paid. Dated: September 21, 2000 J F. Miller or, League of Minnesota Cities Annual dues for membership in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine at $25 per subscription, according to the following schedule: Population group Number of subscriptions 249 or less 6 250 - 4,999 11 5,000 - 9,999 15 10,000-19,999 20 20,000 - 49,999 25 50,000 - 299,999 30 300,000 or more 35 For further information on subscriptions contact Donya Dawson at the League office, (651 ) 215-4030. League of Minnesota Cities · 145 University Avenue West · St. Paul, MN 55103-2044 · (651) 281-1200 or (800) 925-1122 · www. lmnc.org CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: CONSENT AGENDA ITEM: AUTHORIZATION TO PROCEED WITH 24" GATE VALVE INSTALLATION AND SWING CHECK VALVE REMOVAL AT PUMP STATION #3 ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER Background: In the Fall of 1999 the City of Minneapolis Water Works (MWW) and the City of Columbia Heights collaborated to construct an auxiliary/emergency water supply connection that could be used when the primary water supply from the Hilltop reservoir in New Brighton is out of service. The MWW was responsible for the design and construction project which was completed late last year. The new connection works very well. system pressure and volume are at or near normal operating levels. Analysis/Conclusion: As a result of this connection, staff had previously recommended the following modifications to be made to the water distribution system at Pump Station #3 to insure uninterrupted service while operating the emergency water supply. Install a 24" gate valve on the upstream side of the Pump Station #3 suction connection. Remove the 24" swing check valve located on the downstream side of Pump Station #3 suction connection. These recommendations were made for the following reasons: Pump Station #3 could operate under normal pumping conditions while on the emergency water supply. The new valve would provide for isolation of the master meter in the event repair or replacement is necessary. The 24" swing check valve should be removed from the system as it is no longer compatible with the emergency water supply operational plan. If left in place, the swing check would have to be held in the open posifion by bracing or chaining up the exterior arm of the valve. This procedure is not recommended by staff because the water flow against the open flap valve may cause it to break and close. If this happens, Pump Station #3 pumps would not be available for use when using the emergency water supply. In addition, if the swing check valve closed when Pump Station #3 was drawing water from the emergency supply system, the pumps would mn dry, overheat, fail and possibly sustain major mechanical damage. The Council approved the purchase of the 24" gate valve at the August 14th Council meeting. Public Works proceeded with the purchase of the valve and had planned to install the valve with city employees. Due to the resignation of the Utility Foreman, and the resulting loss of construction experience and manpower, staff recommends contracting this project out. In a recent conversation with MWW they indicated that their work is on schedule and that they are tentatively scheduled to switch Columbia Heights from the primary water supply to the emergency water supply during the first part of October. The best estimate at this time is that the emergency water supply will be in service for a period of six months from October 9, 2000 to March 31, 2000. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO PROCEED WITH 24" BY: K. Hansen GATE VALVE INSTALLATION AND SWING CHECK DATE: 10/3/00 VALVE REMOVAL AT PUMP STATION #3 Meeting oC 10/9/00 CITY MANAGER BY: DATE: Continued - Page 2 Staff recommends utilizing the utility contractor for the Zone 4 project currently under contract and performing the work on a time and material basis through a project change order. An staff estimate of the cost for installation of the 24" gate valve and removal of the swing check valve is as follows: Installation, removals, manhole structure, and appurtenances: $16,000 Recommended Motion: Move to authorize G. L. Contracting to proceed with 24" gate valve installation and swing check valve removal at Pump Station #3 for the estimated cost of $16,000 with funds from 651-49430-5130. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: CONSENT AGENDA NO: L~./~-~t9 ITEM: AUTHORIZATION FOR PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR CENTRAL AVENUE STREETSCAPING ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER DA~E: ' ~ ' Background: The City Council previously awarded the fmal design services for Central Avenue Street and Utility Improvements to BRW at their February 28, 2000 regular meeting. The final design work, as identified in the Engineenng Study, includes utilities: water main~ sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and sidewalks. The total estimated cost of the work is $850,000 for utilities and $1,745,000 for street improvements. Analysis/Conclusions: Work is nearly complete on the street and utility plans for the Central Avenue Street Rehabilitation project, from 37th to 45rd Avenues, for submittal to MnDOT State-Aid to begin their review process at the end of October. Staff met with the Council at their August 7Ih work session to discuss preliminary alternatives for urban streetstaping. A public informational meeting was held September 201h, 2000 at Murzyn Hall with all fronting properties along Central Avenue invited. From the direction and input of these two meetingsl final design of streetscaping is recommended to be initiated for inclusion of the plan review submittal packet to MnDOT at the end of October. A copy of a letter for a contract amendment to BRW's design services is attached detailing the scope of work. The cost of $27,000 represents approximately 5-6 percent of the estimated improvement cost. Recommended Motion: Move to authorize preparation of Final Plans and Specifications for Central Avenue Streetscaping from 37* to 43'a Avenues as detailed in the attached proposal letter; and, authorize the Mayor and City Manager to enter into a contract for final urban design services to BRW at a cost not-to-exceed $27,000. KH:jb Attachment: BRW Proposal Letter dated September 14, 2000 COUNCIL ACTION: BRW, inc. September 14, 2000 Mr. Kevin Hartsen, PE Public Works Director\ City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421 RE: Proposal for Landscape Architecture/Urban Design Services Central Avenue (TH 65) Improvement Project City Project No. 99-12 Dear Mr. Hansen: The following supplemental proposal is offered for your consideration for preliminary and final landscape architecture/urban design services for the above-referenced project. These services have been requested by City staff and are outside of the scope of work included in our January 10, 2000 proposal and our Professional Services Agreement dated January 14, 2000. Our January 10, 2000 proposal excluded landscape architecture/urban design services since the scope of the landscape architecture work had not been determined at that time. The scope of work, estimated cost and schedule for these additional services are detailed below. SCOPE OF WORK BRW ,.viII provide preliminary and final design services for landscape architecture/urban design improvements for the project as follows. 1. Preli~ninary Design Services To date, BRW has provided some preliminary design services to develop landscape architecture/urban design improvement options for the Central Avenue corridor between 37th Avenue and 43d Avenue. These services have included the following: · A review of the project corridor has been conducted to inventory the existing landscape architecture/urban design features and assess their existing conditions. · Based upon the inventory, design concepts for the landscape architecture/urban design treatments were developed. Thresher $:'. :. 700 Third Street S,: .' Minneapolis MH 612.370.07' 612,370.137:- BRW, Inc. Mr. Kevin Hartsen September 14, 2000 Page 2 · Three options were developed for intersection treatments at 40t" Avenue and drawings were prepared detailing these options. · Three options were developed for urban design/landscape architecture treatments for the project corridor and drawings were prepared detailing these options. As directed by City staff, we are currently working to prepare preliminary landscape architecture/urban design layouts for the project corridor between 37th Avenue and 43rd Avenue detailing the selected design option. The selected option includes colored concrete treatments and urban design improvements at the 40th Avenue intersection and trees, benches, planters, streetlighting and some colored concrete along the remainder of the corridor. We will also determine preliminary estimated costs for the improvements and prepare financing options for discussion with City staff. BRW will attend one City Council workshop meeting, one neighborhood open house meeting and up to three meetings with City staff to discuss the landscape architecture/urban design improvements. 2. Final Design Services Upon the approval of the preliminary design, BRW will prepare final construction plans and specifications for the landscape architecture/urban design treatments illustrated in the preliminary layouts. These plans and specifications will be incorporated with the roadway and utility plans and specifications for bidding and construction. We will also prepare a final Engineer's Cost Estimate for the landscape architecture/urban design improvements. We have assumed that our services will not include streetlighting design plans and that these services will be provided by NSP. We will work with City staff to select the appropriate type of fixture and pole from the options that NSP has available. We will also determine the locations for the streetlights and show these locations on our plans. It is our understanding that NSP will otherwise be designing, installing and providing the future maintenance for the streetlighting. BRW will review NSP shop drawings and design submittals for the streetlighting for compliance with the landscape architecture/urban design plans. ESTIMATED COSTS BRW ~vill perform these additional scrvices on an hourly basis consistent with our original proposal and our Prokssional Services Agreement. The following is a summary of the estimated costs to complete the ~ork tasks detailed above. BRW, Inc. Mr. Kevin Hansen September 14, 2000 Page 3 1. Preliminary Design Services Task Estimated Cost 40th Avenue Design Options $ 1,250.00 Corridor Design Options $ 1,750.00 Preliminary Layouts $ 3,000.00 Estimated Costs/Financing Options $ 1,000.00 Meetings $ 1,500.00 Subtotal $ 8,500.00 Reimbursable Expenses $ 200.00 Total - Preliminary Design Services $ 8,700.00 Final Design Services Task Estimated Cost Final Plans $16,000.00 Specifications $ 1,250.00 Engineer's Cost Estimate $ 750.00 Subtotal $18,000.00 Reimbursable Expenses $ 300.00 Total - Final Design Services $18,300.00 TOTAL ESTIMATED COST $ 27,000.00 The total estimated not-to-exceed cost for all labor and reimbursable expenses included in this proposal is, therefore, $27,000.00. Labor will be billed on an hourly basis using the Standard Rate Schedule included in our Professional Services Agreement. Reimbursable Expenses will be billed to the City at cost with no BRW markup. The total estimated not-to-exceed cost for the design phase cost for this project is, therefore, $164,000.00 including the costs detailed in this proposal and the estimated costs ($137,000.00) included in our original January 10, 2000 proposal. SCHEDULE As discussed with City staff, the work will be completed as follows: Preliminary design services will be completed prior to the project open house meeting currently proposed for the week of September 18th. BRW, Inc. Mr. Kevin Hansen September 14, 2000 Page 4 Assuming the final design is ordered to proceed after the open house meeting, final design services will be completed by October 27, 2000. The final design plans will be included with the roadway and utility improvement plans for submittal to Mn/DOT State Aid by October 30, 2000. Two original copies of this proposal are enclosed. If the proposal is acceptable, please execute both copies on the signature block provided below and return one for our records. Please let me know if you have any questions or you need any additional information. Sincerely, BRW, Inc. J Horn, PE t APPROVED BY: CITY OF COLUMBIA EIGHTS Name Title Signature Date Copy: Bob Kost/BR~,V Kevin Kielb/BRX,V File 33910-004-100i CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: CONSENT AGENDA NO: L] °A ITEM: AUTHORIZATION FOR PREPARATION OF AN ENGiNEERING STUDY FOR ADDITIONAL STORMWATER STUDY AREAS ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER BY: //~ ~ DATE: Background: The City has gone t~-ough a lengthy process of addressing surface water problems throughout Columbia Heights, mainly as a result of the storm events in July of 1997. The work involved a site review/interview analysis, preparation of engineering studies for selected sites, grant applications to the DNR under the Flood Mitigation Program, and construction of recommended improvements. Property acquisition at three residential sites is also underway for remediation in 2001. Analysis/Conclusions: On September 2 of this year, a rainfall event~ registered as over a 100 year event occurred resulting in flooding at various sites throughout the City. Staff is recommending pursuing the same process at one of the sites and additional study at a previously mitigated site. These are: 3942 Van Buren Street NE - basement and garage flooding. 40th and McKinley intersection flooding, or the Prestemon Park area. 1. The area around 3942 Van Buren has apparently flooded several times in recent years, but was not brought to the City's attention in the past. I visited the homeowners after the September 2"d storm and witnessed watermarks 48 inches high in their basement. In addition, garages in the alley way are subject to flooding as witnessed by watermarks 8-12 inches above the garage door(s). 2. Although 40th and McKinley was a previous study area with mitigation improvements to Prestemon Park, the extent of the property flooding and commentary received from the September 11th City Council meeting warrants additional engineering review. The first would be to validate the function of the Prestemon Pond as designed and the second would be to look at a narrow focus of the existing inlet and receiving pipe capacity in detail. Recommended Motion: Move to authorize preparation of an Engineering Study for each site as detailed in the attached proposal letters; and, authorize the Mayor and City Manager to enter into a contract for the same at a cost not-to-exceed $14,100. Funding would be provided from the City's Storm Water Utility Fund 604-49650-3050. Attachment: BRA Proposal Letters dated September l3, 2000 COUNCIL ACTION: flBonestroo Rosene Anderlig & Associates Engineers & Architects September 13, 2000 Kevin Hansen Director of Public Works City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421-3878 ' b, 2000 t'-'~. .... . Feasibility Study for Storm Water Improvements - 3942 Van Buren and Surrounding Area BRAA File No. 332-Gen Dear Kevin: As requested, we have prepared a list of work tasks and estimated costs for a storm water improvement feasibility study. This study will address potential improvements to the storm water system associated with 3942 Van Buren Street NE. As with other similar studies %~e have completed for the City, this effort '.;'ill rely heavily on hydraulic modeling of large portions of the stom~ sewer system upstream and downstream ofthe affected property. We will utilize the XP-S~,V~IM sogvare (latest ,, ersion) to model the storm sewer net'4ork. We describe below the specific work tasks and subtasks that will constitute this effort. A cost is associated with each task. Task I Project Initiation and Data Collection Est. cost: $800 This task involves the following subtasks: · Review of as-bulks · Discnssions with affected homeowner(s) · Review of pertinent fair. fall data · Site visit to establish drainage patterns · Entry of data into XP-Sx,VMM model frame~ork City responsibilities include providing survey data for the area around 3942 Van Buran Street NE and providing as-built information as requested. Prospective additional services include an.,-' work associated with obtaining as-built information for storn~ sewer under Central Avenue. or municipal storm sewer from the project area to Labrile Pond. Task 2 Analysis and Evaluation Est. cost: S2700 \Ve v. itl nm up to three rainfall events for both existing conditions and proposed conditions (recommended improvement). We propose to analyze the follo'.~ing rainfall events: 100-year. 24-hour rainfall September 2. 2000 storE: One other smm~ e', ent Ho be discussed) 2335 West Highway 36, St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 Ci~ of Columbia Heights Letter to Ke,,in Hansen Page 2 of 2 September 13, 2000 Up to three improvement scenarios will be considered and simulations run for these to compare their effectiveness. To compare alternate improvements, and thus decide upon a recommended improvement, · ,~e will utilize the 100-year storm. We will then analyze the recommended improvement under all three rainfall events. All told, this proposal calls for 8 model runs. Results from these will be included in the report body. Prospective additional services include additional model runs resulting from additional rainfall events or improvement scenarios. Task 3 Prepare Draft Letter Report Est. cost: $2900 After completing our model runs, we will organize our results into a draft feasibility report that discusses potential improvements, their potential for flood mitigation, and their associated costs. The report will end by recommending one of the improvements discussed. We Mll deliver 15 copies of this report to the City for revie~v. Task 4 Meetings Est. cost: $600 We anticipate one meeting with staff and one council presentation (regular meeting or workshop). Depending on the recommended improvement and the City's needs at that time, a resident meeting could be substituted for one of the above. Task 5 Prepare Final Letter Report Est. cost: $1700 We will incorporate staff, council, and resident comments (as directed) and produce a final report that staff can present to City Council for formal approval. If desired our council presentation could come at this phase of tile project in lieu ofttie timing proposed above. We will deliver 15 copies of the final report to tbe City at the cuhnination of this task. We propose to do the work described in tasks one through five on a per diem basis at a not to exceed cost of $9,200 (inclusive ofapproxiInately $500 in expenses), This budget is based on the rate schedule attached to this proposal. Given authorization to proceed, we anticipate completion of the draft report within one month. Please call me at 604-4740 if3, ou have an.', qaestions concerning the tasks and costs. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. / / Robert R. Banh Enclosure cc: Dan Edgerton, BRAA Bonestroo Rosene Anderlik & ' Associates Engineers & Architects September 13, 2000 Kevin Hansen Director of Public Works City of Columbia Heights 637 381h Avenue N.E. Columbia Heights, MN 55421-3878 Re: Storm Water Modeling - 40th Avenue NE and McKinley Sweet NE BRAA File No. 332*Gen Dear Keyin: As requested, ~e have prepared a list of work tasks and estimated costs for more detailed modeling of the McKinley Street NE and 40m Avenue NE storm sewer system. We will utilize the XP-SWMM software (latest version) to create an augmented model of the storm sewer network, particularly that under and downstream of the intersection. The augmented model will include more detail on serious head losses that might occur in the current system and ways these head losses might be reduced. We describe below the specific work tasks that will constitute this effort. A cost is associated with each task. Task I Project Initiation and Data Collection Est. cost: $700 This task involves a review of those structures that might be sources of excessive head loss in the storm sewer system. We will also gather anecdotal evidence on the September 2, 2000 storm e',ent and the storm e~em that preceded it We ~ill also anal': ze the pertinent rainfall data for inclusion in the model. Task 2 Anabsis and Evaluation Est. cost: $2500 Having identified particular structures that might be severe head loss sources, we will research the potential head loss coefficients and include these in an augmented model. We wilt concentrate particularly on the pipe netv, ork below and downstream of the intersection of 40'h Avenue NE and McKinley Sweet NE. This is a level of detail that was not included in the original modeling of the area due to the expense involved. We propose to analyze the following rainfall events: · 100-year. 24-hour rainfall · September 2, 2000 storm · Storm that preceded the September 2, 2000 storm · One additional store% as needed. to determine whether inlet capaciD' is an issue. \Ve ~ill analyze potential structuraI improvements to improve the performance of the stom~ sewer system. lhese might include: Manhole bcn&ing 2335 V/est Hlgn,,vny 3{2! , St Paul, MN 55113 · 65t-636-4600 · Fax: 651-636-1311 · . .g Page 2 o f 2 · Pipe rerouting · Pipe replacement · Replacement of manholes with bends Prospective additional services include additional model runs resulting from additional rainfall events or additional improvement scenarios as identified by the City. Task 3 Prepare Draft Letter Report Est. cost: $1500 After completing our model runs, we will organize our results into a letter report that discusses a program of improvements and their potential for flood mitigation. We will deliver 15 copies of this report to the City. No time for meetings or report revisions have been included in this proposal, though these could be accomplished on a per diem basis at the rates on the attached schedule. We propose to do the work described in tasks one through three on a per diem basis at a not to exceed cost of $4,900 (inclusive of approximately $200 in expenses). Given authorization to proceed, we anticipate completion of the draft report within one month. PLease call me at 604-4740 if you have any questions concerning the tasks and costs· Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert R. Barth Enclosures cc: Dan Edgerton, BRAA September 13, 2000 CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: CONSENT AGENDA NO: ~'1 ' A ITEM: AUTHORIZE FINAL PAYMENT FOR 2000 STREET AND PARKING LANE STRIPING ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER DATE: Background: Attached is the final request for payment for the 2000 Street and Parking Lane Striping in the original contract amount of $5,299.76. The total is comprised of $4,620.45 for striping the State Aid Streets and $679.3 1 for striping the local streets. The State Aid street striping is paid for with State Aid Maintenance funds. The local street striping is paid for with General Funds. The work has been completed in accordance with the project specifications and staff is recommending acceptance and final payment to the contractor. Recommended Motion: Move to accept the work for 2000 Street and Parking Lane Striping and to authorize payment of $5,299.76 to AAA Striping Service Company of Rogers, Minnesota. KH:jb Attachments: Engineer' s Report of Acceptance Invoice dated September 14, 2000 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2000 STREET AND PARKING LANE STRIPING October 3, 2000 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to AAA Striping Service Company. The work consisted of street and parking lane striping on the State Aid Streets and several local streets. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE FINAL WORK APPROVED BALANCE DUE Sincerely, C/~/ O~ COL BIA HEIGHTS Kevin R. Hansen City Engineer $ 5,299.76 $ 5,299.76 $ 5,299.76 AAAA Striping Service Co. 5392 Quam Avenue, RO Box 339, Rogers, MN 55R (612) 428-4322 ECEIVED SEP 14 Z0 oIcs NUMBER: INVOICE ***"'* PUBLIC WORBg$VOICE DATE: 009267t-IN 08/23/OO 2000 CITY STRIPING CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE NE COLUMBIA HEIGHTMN 55421 CUSTOMER NO: 99COLU CUSTOMER P.O.: TERMS: NET 30 DESCRIPTION QUANTITY PRICE AMOUNT 4" BRKN LINE YELLOW PAINT MILE 4" BRKN LINE WHITE PAINT MILE 4" DOTTED LINE WHITE PAINT MILE 4" SOLID LINE WHITE PAINT MILE 8" SOLID LINE WHITE PAINT MILE 4" SOLID LINE YELLOW PAINT MILE 4" DBL SOLID LINE YELLOW PAINT MILE 12.13 193.000 2,341.09 .41 193.000 79.13 .09 1,000.000 90.00 5.88 412.000 2,422.56 .07 814.000 56.98 .24 310.000 74.40 .38 620.000 235.60 .00 NET INVOICE: 5,299.76 INVOICE TOTAL: 5,299.76 CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: CONSENT AGENDA NO: A - q ITEM: AUTHORIZATION FOR FINAL PAYMENT FOR SEAL COATING, CITY PROJECT 0001(B) ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen ~ DATE: 10/3/00. CITY MANAGER DA : Background: The Contractor has completed the 2000 Seal Coat Program. Ihe work consisted of seal coating Zone 4 streets not included in the rehabilitation program, the two bituminous alleys and six parking lots. Both the 1st and 2"d rounds of sweeping have been done. The final contract amount is less than the bid because two streets scheduled for seal coat received an alternate surface treatment (7m Street, 51 s, _ 53ra Avenues, 50'h Avenue, Jefferson Street to Monroe Street and the parking lot at JPM was not done). Analysis/Conclusions: Staff is recommending approval of fmal payment to Allied Blacktop Company and final acceptance of the work. A copy of the Engineer's Acceptance Report and payment voucher is attached. Recommended Motion: Move to accept the work for 2000 Seal Coat Program, City Project 000 1 (B) and authorize final payment of $3,903.60 to Allied Blacktop Company of Maple Grove, Minnesota. Attachments: Location List Engineer's Acceptance Report Payment Voucher COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS SEAL COAT BITUMINOUS STREETS 4th Street, 48th Avenue to 53rd Avenue 5th Street, 48th Avenue to 53Td Avenue 6th Street, 48th Avenue to 5Yd Avenue 7th Street, 48th Avenue to 51 ,t Avenue Washington Street, 48th Avenue to 51 st Avenue Madison Street, 48th Avenue to 51st Avenue Monroe Street, 48t" Avenue to 49th Avenue 50th Avenue, Jefferson Street to Monroe Street 5 1st Avenue, University Avenue Service Drive to Washington Street Sullivan Drive, 7th Street to Washington Street 52nd Avenue, University Avenue Service Drive to 7th Street SEAL COAT ALLEYS West of Main Street, North of 39th Avenue East of Central Avenue, South of 40t" Avenue SEAL COAT PARKING LOTS Municipal Service Center - North Lot Huset Park West and Quincy Street Lots 40t" Avenue and Van Buren Street Lot Prestemon Park Lots Silver Lake Boat Landing Lot 52 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2000 SEAL COAT PROGRAM October 3, 2000 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted oCseal coating the bituminous streets, alleys and parking lots. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made Cor said improvements to the contractor in the amount as Collows: ORIGINAL CONTRACT PRICE FINAL WORK APPROVED ALL PRIOR PAYMENTS BALANCE DUE Sincerely, CITY O~F COLU~MBIA HEIGHTS Kevin R. Hansen City Engineer $ 81,888.00 $ 78,072.00 ($ 74,168.40) $ 3,903.60 CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT 2000 IMPROVEMENT PROJECTS - SEAL COAT PROGRAM MUNICIPAL PROJECT #0001 (B) Allied Blacktop Company 10503 89th Avenue N Maple Grove, MN 55369 No. DescriPtion Quantity Unit Unit Price 1 F & I Bituminous Seal Coat Material 23,065 Gallon $2.40 2 F & I Cover Aggregate (FA-3 Modifed) 902 Ton $18.00 3 F & I Cover Aggregate (FA-2 Modifed) 216 Ton $30.00 Total $55,356.00 $16,236.00 $6,480.00 TOTAL BID COMPLETED TO DATE MINUS WITHHOLDING (5%) MINUS PREVIOUS PAYMENTS TOTAL DUE $78,072.00 $0.00 ($74,168.40) $3,903.60 I hereby certify to the City Council of Columbia Heights that I have been in charge ot the work required by the above contract; that all work has been done and performed as measured by and in ac/?brdance ith and pursuant to the terms of said contract. DATE CiTY COUNCIL LETTER AGENDA SECTION: Consent ITEM: Conditional Use Permit NO: Case# 2000-1026, 2261 37th Ave NE Meeting of: October 9, 2000 DATE: October 4, 2000 "~'/~*~ Issue Statement: Dan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow for the operation of a Christmas Tree Sales Lot to be located on the far east side of the parking lot at 2261 37th Ave. NE from November 15, 2000 through December 31,2000. Background: This will be the 1st year for Christmas Tree Sales at the Frattalone's Ace Hardware location. The location has been used as a seasonal greenhouse for the last eight years. Analysis: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements at~er the placement of the Christmas Tree Sales Lot over seven (7) parking spaces. According to Section 9.I 13(2)(a) of the Zoning Ordinance, open sales lots are only allowed as a Conditional Use within any "RB" District. The proposal is consistent with zoning regulations. Please note that the Fire Department has reviewed the plans and has expressed no concerns with the proposal. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on October 3, 2000. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of a Christmas Tree Sales Lot at 2261 37th Avenue NE from November 15, 2000, through December 31, 2000, subject to the following conditions: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to display of trees on the lot. 2. The required City licenses be obtained prior to tree displays. Attachments: Staff Report; Completed Application Form; Site Plan; and Public Notice COUNCIL ACTION: Case: 2000-1026 Page I Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 3, 2000 PUBLIC HEARING 2000-1026 GENERAL INFORMATION Owner: Larry Frattallone Address: Arden Hills, MN Phone: (651) 484-3327 Parcel Address: 2261 37m Ave. NE Zoning: RB - Retail Business District Comprehensive Plan: C- Commercial Applicant: Ace Hardware 2261 37mAve. NE Columbia Heights (612) 788-9455 Surrounding Zoning and Land Uses: Zoning North: R-3 South.' RB East: RB & LB West: RB Land Use North: Multi-family residential South: Vacant East: Commercial West: Commercial BACKGROUND Explanation of Request: Dan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow for the opgration of a Christmas Tree Sales Lot to be located on the far east side of the parking lot at 2261 37In Ave. NE from November 15, 2000 through December 31, 2000. Approximately seven (7) parking spaces would be used for sales directly in front of the Ace Hardware store. Case History: Frattalone's Ace Hardware has operated seasonal greenhouses on this property for the last 8 years. ANALYSIS Surroundin g Property: RB Retail Business is the existing zoning on the subject parcel and on property to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Case: 2000-1026 Page 2 Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both RB, Retail Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned RB, Retail Business. The proposed use will be consistent with the character of the surrounding property. Technical Review: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tree display area over seven parking spaces. According to Section 9.113(2)(a) of the Zoning Ordinance, open sales lots are only allowed as a Conditional Use wit~un any "RB" Business District. The proposal is consistent with zoning regulations. Please note that the Fire DeparUnent has reviewed the proposal and has no concerns regarding it. Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. 2. Similar type uses have operated for each of the past eight years on a seasonal basis. StqCFRecommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of trees on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a Christmas Tree display area at 2261 37m Avenue NE from November 15, 2000, through December 3 I, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to display of trees on the lot. Attachments: Completed Application Form; Site Plan; Site Map; and, Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezonin8 Variance Privacy Pence Conditional Use Permit X Subdivision Approval Site Plan Approval .. Other 1. Street Address of Subject Property: 2261N.E. 37th Avenue 2. Legal Description of Subject Property: 5. Description of Request: Conditional Use Permit Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed ZoninK Proposed Use Reason for Request: To allow the operation of a Christmas Tree Sales Lot in the pa;kT,,~ lot for thc dates el: ~/% O~J q'e~ ~ASl' ~'t;~' ~g ~ff~ 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law. for the purpose of inducing the City of Columbia Hei8hts to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in acco dance with the Ordinances of the City of Columbia Heights n r p a . ,'CJ,__ Date: Taken By: M£~IBERS Thomas Ramsrid/, Chair Keyin Hanson Stepban Johnson Tamare Ericson PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, October 3, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the display and sale of Christmas trees on the lot located at 2261 N.E. 376` Avenue, Frattallone's Ace Hardware, from November 15 to December 31, 2000. Section 9.113(2)(f) of the Retail Business Section of the City Zoning Ordinance requires a Conditional Use Permit for Open sales lots. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp 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 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) CITY COUNCIL LETTER Meeting of: October 9, 2000 AGENDA SECTION: N0: ITEM: License Agenda NO: a nt APPROVAL BY: Kathryn Pepin DATE:~ . I, ,/ October 000 BACKGROU~D/A~ALYSIS Attached is the business license agenda for the October 9, 2000 City Council meeting. The applications for Contractors are new applicants and are recommended for approval. At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form Accompanied Application '! This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 9, 2000. COUNCIL ACTION: TO CITY COUNCIL October 5, 2000 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS ADDRESS FEES BUILDING OFFICIAL *BMH Property Services, Inc. *Construction Results *Grand Fire *Green Valley Landscaping & Const. *Soft Touch Demolition *Wyatt Management, Inc. 7600 Wayzata BIrd. 14100- 23'" Ave. N. 1383 Grand Ave. 5378-193'" St. W. 10834 Grover Ave. S.W. 19285 Hwy. 7 850.00 50.00 50.00 50.00 50.00 50.00 license.ag i' F;' r F:' I I',1A I',[ C: I A L S Y S T lEE; M ;i ()"' 06,/2()()0 0'.7: 25: 33 F: Ui'.ID RE)iiicAI=' :: FLIb~D 3. ()I [.)ENERAL .=:. i C[]~"!MUN]Z'i"Y )Z'~FVF[ 'F:'MEN]" F:I,..tb~D · '(}Z AI',K]KA CO{I!,ITY (iZ:i))BG ZT"~:~ PARKVIEW VIl..l..A NC}RTH .,'},.L[ I~iCCINOM]Z(Z[: DEVEZL,OF:'MENT A~ 'TH >.(. , SE]ZZ:]'ION 8 2.1i2 S"fATE AID MAINTENAHC:Ei ';=.;:iLi:i F:'AF;M<VIIEW VILLA SOL.rrH 2.35 l=;;IEEl'.[T'Al. HOt.~E TN(:. 240 I...IBF;;AF;:¥ - L(](]Y'd.. 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O0 8878:1 29 .. 77 - , ~ 609.00 '. *."2 ",' 114 ,. 50 q)~3274 123 ,. 30 """"'~" :~ "~ Z" 57 ,. } Y · """' """ ' 44 ,, 92. 887 ':;' "~ ':: ""' ':: ':'~"" 8879 :t 33 .. 40 88792 }27 ,, 52 """"""""""" 5'Y 4 .. 99 88794 7:( 48 .. 38 .:~ ,:~ , .... 21 , 084 .. 00 CITY COUNCIL LETTER AGENDA SECTION: NO: ~' A ITEM:RESOLUTION APPROVING A TAX RATEINCREASE NO: MEETING OF: October 9, 2000 ORIGINATING DEPT: FINANCE BY: WILLIAM EL~I_TE DATE: 09/29~/2~0~z'2,'''' CITY MANAGER APPROVAL The 1999 Minnesota Laws have added another step and requirement to the City's annual budgeting and levy process. Under the previous law the City was required to adopt a preliminary th budget and levy prior to September 15 and certify that to the County Auditor. The law further required the City to hold a Truth in Taxation hearing prior to December 20th and to adopt and certify a final budget and levy to the County Auditor on or before December 28th. The 1999 laws add another step to this process that requires the City to hold an additional public hearing and to adopt a resolution prior to October 20th stating that there will be a tax rate increase. This is slightly different than the resolution that is required to be adopted prior to September 15th in that that resolution certifies the dollar amount of the levy increase. This resolution simply states and certifies that there may be a tax rate increase. In discussing this with the Anoka County Property Records & Taxation Department, these have to be two separate resolutions adopted at two separate time periods. However, the second resolution, as with the first resolution, is preliminary in the fact that at our Truth in Taxation hearing, the levy can be reduced, which would result in a rate reduction. It should also be noted that in the rate increase resolution we do not have to state what the rate will increase to, only that we may have a rate increase. Without adopting this resolution, our tax rate would be frozen at 26.7738% as certified to us by Anoka County on September 25th. In summary, the attached resolution simply allows us to increase our levy limit to the amount that was proposed in Resolution No. 2000-60. ACTION NEEDED: The Mayor should open the public hearing regarding a tax rate increase and request comments from staff and the public. After comments are received, the public hearing should be closed. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-70 as adequate copies are available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-70 being a resolution approving a tax rate increase. WE:sins 0009291 COUNCIL COUNCIL ACTION: RESOLUTION 2000-70 RESOLUTION 2000-70 RESOLUTION APPROVING A TAX RATE INCREASE FOR THE YEAR 2001 WHEREAS, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article 6, Section 2 requiring a city council to have adopted and filed an authorizing resolution if its city's tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law; and, WHEREAS, the City of Columbia Heights prides itself on beginning its budget process as early as possible in the calendar year in order to maximize input by all concerned parties and allow full review of all expenditure items; and, WHEREAS, there are numerous factors that are beyond the control of the City Council and that can potentially cause tax rates to rise, including but not limited to: Class rate changes by the state on various types of property Limitations on what percentage the market value of property can rise each year as set by the state, and Unfunded mandates upon local governments and reductions of federal and state aid; and, WHEREAS, regardless of external factors influencing the tax rate through the years, the City of Columbia Heights has a strong tradition and a record of success in holding down property taxes on the citizens of Columbia Heights; and, WHEREAS, Columbia Heights' property tax levy has been set each year well within the levy limitations imposed by the State of Minnesota; and, WHEREAS, even during those years when the state has not enacted levy limitations, the City of Columbia Heights has had its own self-imposed levy limitations to protect the interests of the city's property taxpayers: NOW, THEREFORE, BE IT RESOLVED by the council of the City of Columbia Heights, County of Anoka, Minnesota, that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes '275.078 for the city for taxes levied in 1999, collectible in 2000. Adoption of this resolution does not prohibit the city from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The city clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota. BE IT FURTHER RESOLVED that regardless of outside factors impacting tax rates, the City Council of Columbia Heights remains firmly committed to the delivery of mandated and other important services at a cost well within established levy limits in order to hold down property taxes of the citizens of Columbia Heights. BE IT FINALLY RESOLVED that an official copy of this adopted resolution be filed with the county auditor. Adopted bythe City Councilthis 9th day of October, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council for the City of Columbia Heights will conduct a public hearing in the City Council Chambers of City Hall, 590 40th Avenue N.E., at 7:00 p.m. on Monday, October 9, 2000. The order of business is as follows: Minnesota Laws 1999, Chapter 243, Article 6, Section 2 requires the City of Columbia Heights to adopt a resolution approving that there may be a tax rate increase for property taxes payable in the year 2001. This hearing will be an opportunity for the general public to generate input into this resolution. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. City Council CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager 0009291COUNCIL ANOKA= September 25, 2000 C OUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 FAX (612) 323-542 ] · Property Assessment · Property Records and Public Service · Properly Tax Accounting and Research To: Mr. Bill Elate Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights. MN 55421 Re: Levy Certification Tax Rate Pursuant to MN Laws 1999, Chapter 243, Article 6, Section 2 as amended by Laws 1999, Chapter 249, Section 21 (M.S. 275.078), I certify that: (1) theCityofColumbiaHeights'scenifiedlevyundersection275.08fortaxespayablein2000 (line 3), excluding any amount levied to pay general obligation bonds (line 4), less (i) the areawide portion of the levy under section 276A.06, subdivision 3, or 473F.08, subdivision 3, if any. for taxes payable in 2001 (line 6); and (it) the sum of the net tax capacity adjustment amount (line 7) and the HACA net tax capacity and fiscal disparities adjustment amounts (line 8 & 9) under section 273.1398, subdivision 2, if any, for aids payable in 2001; is the amount shown as "Net Levy" on line 10 on the attached Exhibit A; (2) the City of Coinmbia Heights's taxable net tax capacity for taxes payable in 2001 is the amount shown on line 11 on the attached Exhibit A; and (3) the taxrate obtained by dividing the amount in clause (1), "Net Levy" on line 10onthe attached table, by the amount in clause (2), line 11 on the attached table, rounded to the nearest hundredth percent is the amount shown on line 12 on the attached Exhibit A. lfthe city council intends to impose a "levy certification tax rote" for all purposes other than general obligation bonds at a rate higher than the rate certified'above; the city council must first hold a public hearing on the tax rate increase, adopt a resolution approving the tax rate increase, and file a cop)' of the resolution with the county auditor on or before October 20, 2000. The resolution does not have to specify the amount of increase in the rate. It only has to affirm that the rate will increase. If you have any questions regarding this letter, please contact me at (763) 323-5435. Edward M. Treska Anoka County Auditor ,~ ,.~~ Deputy Affirmative Action / Equal Opportunity Employer _~County/City with a population over 500 Payable 2001 City of Columbia Heights 1 Certified Net Tax Capacity Levy 2 Certified Referendum Market Value Levy 3 Total Certified Levy (1+2) 4 Certified Levy for General Obligation Bonds $3,295,956 $3,295,956 $0 5 Total Certified Non-Debt Levy (3-4) $3,295,956 6 Payable 2001 Fiscal Disparity Distribution Tax $930,332 7 Total Fiscal Disparity Adjusted Non-Debt Levy (5-6) $2,365,624 8, Payable 2(~91 HAC~A~Net _T,~a_x Ca_p_aci_ty Adj,_ustmen~t__ $0 9 Payable 2001 HACA Fiscal Disparity Adjustment $0 11 Payable 2001 Taxable Net Tax Capacity $8,835,591 12 Levy Certification Tax Rate (10/11 ) 26.7738% CITY OF COLUMBIA HEIGHTS AGENDA SECTION: NO: ITEM: First Reading of Ordinance No. 1421, Amending Ordinance No. 853, Conveying Real Estate at 3855 Main Street N.E. Meeting of: October 9, 2000 ORIGINATING DEPARTMENT: Community Development CITY MANAGER APPROVAL BY:~xfJ,~,~F (0"6 "Od ISSUE STATEMENT: Conduct the first reading of Ordinance Number 1421 being an Ordinance Amending Ordinance Number 853, City Code of 1977, Authorization to Convey Certain Real Estate at 3855 Main Street N.E. to Brian Michael Roeller. BACKGROUND: The City of Columbia Heights acquired the property at 3855 Main Street N.E. from the previous property owner on Tuesday, August 15, 2000. The adjacent property owner to the south, Brian Michael Roeller of 3849 Main Street N.E., is interested in acquiring the property and incurring the cost to demolish the existing substandard structures on the lot which include a single family dwelling and detached garage. It is Mr. Roeller's intention to split the lot equally and convey the north half to the property owners at 3859 Main Street N.E. owned by Patrick and Sherri A. Truchinski. Staff has prepared a draft of Ordinance Number 1421 for City Council consideration to convey the subject parcel to Mr. Roeller. ANALYSIS: The City Code requires that the City convey the sale of real estate after conducting a first reading and second reading with an effective date 30 days after the Public Hearing and second reading. The public purpose for conveying this parcel to the adjacent property owners will be to remove a substandard, blighting influence on the neighborhood by allowing the adjacent property owners to undertake the acquisition, abandonment of utilities, demolition of the structures, and site restoration work as required to meet minimum City standards. The property will be split equally and combined with adjacent properties thereby eliminating a non-conforming structure and creating two properties with more open space and adjacent side yard setbacks exceeding twenty feet each. RECOMMENDATION: Staff recommends the City Council conduct a first reading and set a Public Hearing and second reading of Ordinance Number 1421 at the regular session on October 23, 2000 at approximately 7:00 p.m.. RECOMMENDED MOTION: Move to waive the reading of Ordinance 1421, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish October 23, 2000 at approximately 7:00 p.m. as the second reading of Ordinance Number 1421, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 3855 Main Street N.E. Attachments: COUNCIL ACTION: H:\consent2000\Ordinance 853 ORDINANCE NO. 1421 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3855 MAIN STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Brian Michael Roeller, the real property described as follows, to wit: Lot 29, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the purchase agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 9, 2000 Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk LOT ~ JSLOCV,.. 150 COLUMBIA. HEIGHTS ~klUEX TO MIUIJr::AP0LIS ,L~.MOK, A COUklTY ~C~TH /26',6' Or/ ~ Re"~'IDr'NCE'/ .':~'L,A~" !-: : "~'~'~"~' ';~:""" ; ........, ILl ~ P,:tr'~ ~. LOT Z9 ; ' ,.J .~- ~,,~ i ,'~.o',/P, es. 15T. F~.. ; ~s,49 LoT ~8 I Z, hereby, cer½,'~ tho/ ~he obo~e p/o/,~ o/rue and H~iGhl~ ~Dnex YO ~neapo/jb, o~ ~urveyed by me/h/~ ~p/~/e~ G,~,7 ~ngn ~ Lond ~tyOp COLUMBIA HEIGHTS ~ CITY COUNCIL LETTER AGENDA SECTION: NO: Public Hearings ITEM: Second Reading - Ordinance #1420 to Convey Real Estate at 4101 and 4103 Central Avenue Background ORIGINATING DEPARTMENT: CITY MANAGER' S BY: Walt Fehst DATE: October 5, 2000 Meeting of: October 9, 2000 CITY MANAGER' S APPROVAL BY: c4,&.5 DATE: CL Attached please find a Real Estate Purchase Agreement for 4101 and 4103 Central Avenue NE and a Conflict of Interest Disclosure Statement from the law firm of Barna and Guzy. The City purchased the 4101 Central Building in July of 2000. They also, at that time, entered into a Lease agreement with Families Moving Fonvard (F.M.F.). FMF and the City have ended their lease arrangement and FMF's $20,000 deposit has been returned to them. Washburn-McReavy Funeral Chapels, Inc. has submitted a Purchase Agreement for $375,000. The City purchased the property for $360,000. The Conflict of Interest Disclosure statement was submitted for Council review and action at the September 23rd meeting. Since the Barna-Guzy firm, which prepared the purchase agreement, is also the firm which the City uses for their corporation counsel (different individuals from the firm prepared the purchase agreement, other than the City's regular attorney, Jim Hoeft). Because of this, staff has retained the Kennedy and Graven Chartered law firm to review the Purchase Agreement on the City's behalf. On Thursday, October 5, the City Manager showed the site to Daniel Gonsior. On Friday, October 6, the City received this attached request from Mr. Gonsior. He is requesting that the City table the 2nd reading of the Ordinance to allow him time to put tegether an offer and proposed business use for the site. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1420, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance #1420, being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE, and authorizing the Mayor and City Manager to enter into a purchase agreement for same. ALTERNATE MOTION: Move to table Ordinance #1420, being an Ordinance amending Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at 4101 and 4103 Central Avenue NE until COUNCIL ACTION: h:\2000 10 9 4101centralsale Daniel A. Gonsior 4917 Puppy Lane Edina, Mn SS435 612-701-7303 October 6,2000 Dear Columbia Heights Mayor ,City Council and City Attomeyl My name is Daniel A. Gonsior. I received a phone call yesterday morning Thursday October 5t" regarding the property for sale on the comer of 41 ~t and Central (old Norwest building). I met with Walter Sehst at the site yesterday and we did a walk through of the property. Walter did inform me of a pending sale of the property, and stated that if we were interested in the pwperty lhat we should attend Mondays council meeting. Due to previously scheduled meetings, my attorney and I will not be able too attend the meeting. Mowever, I am very interested in putting together an offer and proposed business use plan for the site. The plan that that I have in mind would benefit all of the area residence morc than a proposed funeral home, please don't be misunderstood, I have nothing against a funeral home being located in Columbia Heights. just not in the heart of a redevelopment area. This is a highly visible comer with enormous re~il pot~mtial, especially with the plan to create a "New Downtown" area. I would ask the Mayor and City Council to table the 2~ reading of the proposed sale for 2 weeks. In those 2 weeks we will be able to put together an offer and proposed business use for that site. I look forward to hearing from some~one on the city staff on Tuesday October 10~h regarding this matter, You may reach me at 612-701-7303. Sincerely, ORDINANCE NO. 1420 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 4101 AND 4103 CENTRAL AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Washburn-McReavy Funeral Chapels, Inc., the real property described as follows, to wit: Lots 27, 28, 29, 30 and the West ½ of Lot 3 l, Block 4, Except Noah 120 feet of West ½ of said Lot 31, Block 4, Reservoir Hills, Except Road, Anoka County, Minnesota. AND The South twenty (20) feet of Lot 26, Block 4, Reservoir Hills, Anoka County Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the purchase agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: September 25, 2000 October 9, 2000 Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk REAL ESTATE PURCHASE AGREEM2ENT THIS AGREEMENT is made as of Octoberge~ .2000, between City of Columbia Heights. a Minnesota municipal corporation ("Seller"), and Washburn-McReavy Funeral Chapels, Inc., a Minnesota corporation, or assigns ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively, "Property"): (a) Real Property. Seller's interest the real properly located in Anoka County, Minnesota described on the attached Exhibit A ("Land"). together with (1) all buildings and improvements constructed or located on the Land ("Buildings"), and (2) all easements and fights benefiting or appurtens. nt to the Land (collectively the "Real Property"). (b) Personal Property. Seller's interest in all of the personal property situated in or about the Real Property owned by Seller, including without limitation, that described on the inventory attached to this Agreement as Exhibit B ("Personal Property"). (C) Leases. Seller's interest as lessor in all of the leases as described on the rent roll attached to this Agreement as Exhibit C ("Leases"). (d) Contracts. Seller's interest in the service and maintenance contracts, equipment leases and other contracts regarding the Real Property and the Personal Property described on the attached Exhibit D ("Contracts"). (e) Permits. Seller's interest in the permits and licenses described on attached Exhibit E ("Permits"). Warranties. Seller's interest in all warranties and guaranties given to, assigned to or bene~ting Seller or the Real property of the Personal Property regarding the acquisition, construction, design, use, operation. management or maintenance of the Real Property and the Personal Property ("Warranties"), tf any, plan~. Seller's interest in all originals and copies of the as-built bluepnnts, plans and specifications regarding the Real Property and the Personal Property, if any, in Seller's possession ("Plans"). 2. Purchase Price and Manner of PavmenL The total purchase price ("Purchase Price") to be paid by Buyer to Seller for Interest as a tenant-in-common in the Property shall be Three Hundred Seventy-five Thousand and 00/100 Dollars ($375,000.00) and shall be payable as follows: (a) $5,000.00 as earnest money ("Earnest Money") to be deposited in a trust account of Commercial Partners Title, LLC ("Title") within three (3) days of the date of the last signature completing the execution of this Agreement. (b) The balance of $370,000.00 in cerufied check or wire transfer to the account of Seller on the Closing Date as hereinafter defined. 3. Contingencies. 3.1 Buyer General Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: (a) _Ti~e. The status of title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (b) Condition of Property. Buyer obtaining, at Buyer's sole cost and expense, an engineenng report suitable to Buyer stating that the Buildings on the Property are in sound condition. (C) Govemmental Aoomvals. Buyer obtaining, at Buyer's sole cost and expense, adequate assurances from all appropriate govemmental authorities that the Property can be used for Buyer's intended purposes. The sufficiency of the assurances must be demrmined by Buyer in Buyer's sole discretion. (d) Hazardous Waste. Buyer obtaining, at Buyer's sole coat and expense, an environmental assessment from an environmental engineer satisfactory to Buyer showing that the Property is free of contamination from any hazardous waste, pollutant or comaminant, including but not limited to asbestos (except as set forth in Paragraph 8(h`} below'}, the release and clean-up of which is regulated by any federal, state or local govemmentai agency or entity. The sufficiency of the report shall be determined by Buyer in Buyer's sole discretion. (e) Documents. Within ten (10) days after the dam of acceptance by Seller of this Agreement, Seller shall provide Buyer with the following items: (1) Complete plans and specifications of the building(s) located on the Property, if available; (2) Ex~sUng Plat and As-built survey of the Property, if available; (3) Current rent roll, hstmg the names of each tenant, occupancy date, apartment number, apartment rent, garage rent, if any, and security deposit held by Seller; (4) Seller shall make available for Buyer's review complete copies of all leases, addenda to leases, and security deposit agreements; (5) Complete copies of all engineering reports, and any subsequent updates, if any; (6) The most recent Annual Tank Certification on the fuel oil tank, if any; (7) Copy of existing Phase I Environmental reports and any subsequent reports or updates, if any; (8) Copy of the fuel tank soil test reports. if any; (9) Complete copies of all service and employment contracts of any kind or nature affecting the Property, including management agreement, caretaker contracts and service contracts, if any, such as rubbish removal; -2- (I O) True and correct copies of all im, urance coverage maintained by Seller on the Property, which coverage Seller shall keep in full force and effect until the date of closing; (11) A complete statement of operalinE: income and expense for the years 1995, 1996, and year to date 1997, and Seller's certification that all available documents have been supplied, and a listing of documents not available; (12) M.A.I appra,sal, if any; (13) Copy of the most recent real estate tax statement. The "Contingency Date" shall be November 9Sopmmber 29, 2000. If any such contingency has not been satisfied on or before the stated date, then this Agnement may be terrmnated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the fight to unilaterally waive any contingency by not exercising its right to terminate this Agreement. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's appraisal, investigation and testing the same. Buyer shall pay all costs and expenses of such appraisal, investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. 4 Closine. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on November 9Soptsmbnr 29, 2000, or at such other time mutually agreed to by Buyer and Seller (the "Closing Date"). The Closing shall take place at 9:00 a.m. local time at the office of Barns, Cruzy & Steffen, Ltd., or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date, subject to the rights of tenants under the Leases in their capacity as tenants. Buyer shall be entitled to extend the Closing Date for an additional 30 days in the event Buyer needs additional time to satisfy requirements of any lender. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively "Seller's Closing Documents"): (1) Deed. A ~Wa."rar. t7 Deed, in form reasonably satisfactory to Title, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (2) Bill of Sale. A ~ Bill of Sale, in form reasonably satisfactory to. l~uyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. (3) Assignment of Leases. An Assignment of Leases, in form reasonably satisfactory to Buyer, conveying the Leases and any security deposits, prepaid rents or collections regarding the Leases to Buyer, free and clear of all encumbrances. -3- (4) Assignment of Contracts. An Assignment of Contracts, in form reasonably satisfactory to Buyer, conveying the Contracts to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (5) Assignment of Permits. An Assignment of Permits, in form reasonably satisfactory to Buyer, conveying the Permits to Buyer. free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (6) Assi~,nment of Warranties. An Assignment of Warranties, if any, in form reasonably satisfactory to Buyer, conveying the Warranties to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (7) Revised Rent Roll. A revised rent roll certified as to its accuracy by Seller as of the Closing Date. (s) Notice to Tena.q[. Notice to the tenant under the Leases, in form reasonably satisfactory to Buyer, advising them of the sale of the Property and directing them to make future lease payments to Buyer at the place designated by Buyer. (9) Title Commitment. A Commitment for Title Insurance, or a suitably marked up Commitment for Title Insurance initiated by Title. (Io) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptctes against or involving Seller or the Real Property; that there has been no sicill. labor or material fuxnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title to issue an Owner's Policy of Title Insurance. (1 I) Certificate(s) of Occupancy. One or more certificates of occupancy lssued by the appropriate governmental body authorizing the use of the Real Property for the purposes now used. (12) Securitv Deposits and Prepaid Rents, All security deposits together with accrued interest thereon and prepaid rents under the Leases, including valid transfers of any noncash securities or documents held for such puq:}oses, if any. (13) OnRinal Documents. Original copies of the Leases, the Contracts, the Permits, the Warranties, the Plans and the Records in Seller's possession. (14) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulattons. (15) I~P,S Reporting Form. The appropriate Federal Income Tax reporting form, if any is required. (16) Other Documents. All other documents reasonably determined by Title Insurer or Lender to be necessary to transfer the Property to Buyer free and clear of all encumbrances. B. Buver's Closing Documents. On the Closingpate, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): -4- (1) regarding this (a) (b) (d) (e) (g) Purchase Price. The cash portion of the Purchase Price, by wire transfer of U.S. Federal Funds, or by certified check to be received in Tide's trust account and/or delivered to Seller at the closing on the Closing Date together with the Note. Title Documents. Such affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue a Title Insurance Policy. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs Agreement: Title and Closing P¢¢. Seller will pay all costs of the Tide Evidence and the fees charged by Title for any escrow required regarding Title Insurer's Objections. Buyer will pay all premiums required for the Issuance of the Owner's Title Insurance Policy and any moftgagee's Tide Policy required by Lender. Seller and Buyer will divide equally the closing fee or charge imposed by any closing agent designated by the Title Company. Deed TaX. Seller shall pay all state deed tax regarding the ~W""zz.-.',y Deed to be delivered by Seller under this Agreement. Real Estate Taxes and Special AssessmentS. Seller will pay, on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without lirmtauon any installments of special assessments including interest payable with general mat estate taxes in the year of Closing. General real estate taxes and installments of special assessments payable therewith for the y~ars prior to Closing will be paid by Seller. General real estate taxes payable in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. To the extent that levied assessments cannot be partially prepaid, Seller shall credit buyer at dosing the Seller's proportionate share of such assessments. Basic RentS. All basic rent and other charges under the Leases will be prorated as of the Closing Date. If at the Closing Date a tenant under any Lease is delinquent in any payment required of it, then to the extent Buyer receives from such tenant amounts in excess of the payments due Buyer pursuant to this Agreement, Buyer will remit such mounts to Seller. However, Buyer will have no obligation to seek or collect any such payments and will only be obligated to make such payment to Seller after Buyer is fully paid for all amounts due it. Security Devosits. All security deposits paid by tenants pursuant to the rent roll, plus interest thereon, shall be paid to Buyer by Seller at closing. RecordinE Costs. Seller will pay the cost of recording all documents necessary to establish title in Seller as required by this Agreement. Buyer will pay the cost of recording all other documents. Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date. and Buyer pays that part?f such operating costs payable from and after the Closing Date. -5- (h) (a) Co) Attomev's Fees. Each of the parties will pay its own attorneys fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the non-defaulting party to enforce its rights regarding such default. 6. TitleExawanation. Tide Examination will be conducted as follows: Seller's Title Evidence. Seller shall furnish the following (collectively, "Title Evidence") to Buyer: (D Title Insurance Commitment. Within twenty (20) days of the date of this Agreement, Seller shall cause to be delivered to Buyer, at Sellers expense, a commitment for title insurance, issued by Title, properly certified, including proper searches covering bank. xuptcies, state and federal tax liens, judgments, unpaid taxes, assessments and pending assessments. (2) ALTA/ACSM Land Title Survey. Seller shall deliver to Buyer, at Sellcr's sole coct and expense, within 30 days eftor the execution of thin Agreement, a currently certified ALTA/ACSM Land Title Survey meeting minimum standard detail requirements for an urban survey (1992). UCC Soarche$. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by stud Secretary of State, or by search firm acceptable to Bu:,~r, showing no UCC filings regarding any of the Proper~y. Buyer's Objections. Within 20 days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objecuons, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to: (1) Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any, and, in such case, the panics agree to sign a Cancellation of Purchase Agreement; or (2) Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any mount so withheld will be placed in esc~ow with Title, pending such core. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys', fens) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. (3) Waive the objections and proceed to close. -6- 7. Operation Prior to Closing. Dunng the period from the date of the Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent. reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious ntischief. 8. Representations and Warranties bv Seller. Seller represents and warrants to Buyer as follows: (a) Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances-~-x.eept the ~rsf mortg~g~ which xvill be asoumod by Buyor at thn time of Closlng. (b) Title to Personal Property. Seller owns the Personal Property free and clear of all encumbrances. (e) Leases. Seller has made available to Buyer a correct and complete copy of each Lease and all its amendments. The information regarding the Leases contained in attached Exhibit C is correct and complete as of the date of this Agreement. Except as noted by Seller, the Leases are in full force and neither Seller, nor any tenant, is in default under the Leases. There are no other leases or possessory rights of others regarding the Real Property. The tcnn of ~oh leas~ is for a month to month tenancy. (d) Contracts. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Contract and its amendments. To the best knowledge of Seller, the Contracts are in full force and neither Seller, nor any other party to the Contracts, is in default under the Contracts. All other contracts in effect regarding the Property are terminable on or before the Closing Date. (e) Permits. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Permit and its amendments. To the best knowledge of Seller, the Permits are in full force, and Seller is not in default under the Permits. (f) Certificates of Occupancy. Seller has received no notice of actual or threatened cancellation or suspension of any certificates of occupancy for any portion of the Real Property. (g) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. (h) Environmental Laws. Seller has vrovided to Buyer the followins~ documents mlatin~ m the Prxmertv: (a) Environmental Profile, Phase I Environmental Site Assessment. PN #1-01305. dated May 29. 1998. vrenared by EnPro Assessment Coru. and reliance letter from EnPro Assessment Corn. to Families Movin,, Forward dated December 30. 1999. (b) Letter dated May 29, 1998 from Korsunskv Krank Erickson to Timothy Welch, Leonard. Street & Deinard, relatin~ to Fixman Proveriles - Columbia Heir, his. MN, Physical Condition Survey. KKF No. 98-03-1086-01, (c'~ Phase I Environmental Audit and Boundary Survey oreDared bv Schoell & Madsen. Inc. for Norwest ProDel'ties relating to Site No. 44. Columbia Heights Office. 4101 Central Avenue Northeast. Columbia HeiP. hts. Minnesota 55421. (d~ Polafi2ation Asbestos Assessment Report vrenared bv Professional Service Industries. Inc. Seller represents and warrants that it has not usut the Pro~et~v in connection with the £elleration. dietmeal. sinraise, treatment or transnortation of hazardous substances, other than as referenced Seller hereby represents and warrant5 that, to the boct of Sellar's knowledge, the property i~ free of hazardout ¢ub~ances and ia not subject to any "sup,,"~' fund" t:,~:~o lions or claims by gonerome. no2 regulatory agencieo or other third parties arising from the relea.~e or threatenoff release of hazardou~ substances in, on er about the prelacy. Seller aloe represents and warrant~ that it has not ue~l the proport), in conn~'tion with the generation, disposal, aterage, txeatment or transportation of hazaxdoua subc, tances. (i) Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (j) Sellers Defaults, To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Property. (k) F~PTA2 Seller is not a "foreign person", "foreign pannership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (1) ProceedinRs. To the best knowledge of Seller, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. (m) A~ents and Etr~lovees. No management agents or other personnel employed in connection with the operation of the Property have the fight to continue such employment after the Closing Date. There are no claims for leasing commission or other payments with respect to the existing Property, including leases which will survive and rema. m unpaid after the Closing Date. (n) Condition. Exceot aq heroin exnresslv stated. Buvex is purchasin,, the Pronetry baked upon its own investigation and inuuirv and is not relylint on any reoreseatafion of Seller or other ~erson and is a~reein~ to accent and ourchase the prot>ertv "AS IS, WI-IFRE IS" subject to the conditions of examination heroin set forth and the ext>ress warranties heroin contained. A: r.f Closing Date all plumbing and electrical will be in worMng order. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its.successors and assigns, harmless from. any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Each of the representations and warranties heroin contained shall survive the Closing. -fxe-ept~ heroin c~¢procsly iRated, Buyer is purohaeing the Property based upon its own inw/atigation mid inqui~nJ and is not relying on any representation of Seller or other perr~n and is agreeing to accept and purchase the property "as re, where is" ~ub. lect to the conditions of exazmnation heroin tot forth and the expro~36 warranties heroin -8- ~onsummation of this Agreement by Buyer with knowledge of any such breach by Seller will constitute a waiver and release by Buyer of any claims due to such breach. 9. Renresentations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer is a coxpotation in good standing under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and pe~ormance by Buyer of such documents do not conflict with or result in violation of Buyer's organizational documents or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, agmnst. and will hold Seller, its successors and assigns, harmless from. any expenses or damages. includting reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will constitute a waiver and release by Seller of any claims due to such breach. 10. Name of Building. Seller agrees that it will relinquish and transfer to Buyer on the Closing Date, all rights to designate the name of the Building and agrees that Buyer shall have the right to continue the use of the present name. 11. Damage. If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terrmnate, in which eveht neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to ternunate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the fight to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repaff or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insuxance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words "substantially damaged" mean damage that would cost $100,000.00 or more to repair. 12. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately gxve notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terrmnate, in which event neither party will have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. -9- 13 Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, inclu~ng reasonable attomey's fees. 14. Survival. All representations and warranties contained in Paragraphs 8 and 9 of this Agreement shall survive the Closing of this transaction. 15. Notices. Any notice required or pemutted to be given by any party upon ~e other is given m accordance with this Agreement if it is directed to Seller by delivering it personally to an office:' of Seller, or if it is directed to Buyer, by delivenng it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Columbia Heights A'I-rN: City Manager 590 40 Avenue NE Columbia Heights, MN 55421 with a copy to: James D. Hoefi, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 If to Buyer: Washbum-McReavy Funeral Chapels. Inc. ATTN: William L. McReavy 2413 Silver Lane NE St. Anthony Village, MN 55421 with a copy to: leffrey S. Johnson, Esq. Barns, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that tf notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 18. Captions. The paragraph headings or captions appeanng in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 19. Entire Agreement: Modification. This wrinen Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the pardes -10- regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the par~ies. and assigns. 20. Bindin~ Effect. This Agreement binds and benefits the part:es and their heirs, successors 21. Controlline Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretanon. 22. Remedies. If either patty defaults under this Agreement, both paxties shall retain all rights and remedies avaalable under the laws of Minnesota. 23. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn unless accepted by Seller and a fully executed counterpart of this Agreement returned to Buyer on or before November ~?S.~F::m~er Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: City of Columbia Heights, Washbum-McReavy Funeral Chapels, Inc., A Minnesota municipal corporation a Minnesota corporation BY: Its Mayor BY: William L. McReavy Its Chairman BY: ItsCity Clerk 96700_2 -11- Exhibit A Real Property Exhibit B Personal Property NONE Exhibit C Leases Exhibit D Contracts Exhibit E Permits Exhibit F Pelm~tted Encumbrances CONFLICT OF INTEREST DISCLOSURE STATEMENT This law fn'm ofBarna, Guzy & Steffen, Ltd. (the "Law Firm") has been requested to represent Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation ("Washbum- McReavy") in the matter of a land sale/purchase transaction involving Washbum-McReavy and The City of Columbia Heights ("City"), The facts relating to the Law Firrn's representation of City and Washbum-McReavy are as follows: The Law Firm has represented both City and Washburn-McReavy in the past, The Law Firm represents both City and Washburn-McReavy at the present time and expects to continue representing both in the future. In connection with the proposed transaction, the Law Firm's role on behalf of Washburn- McReavy and City will be advice relating to the structuring of the transaction in a manner that would achieve for both clients the purchase and sale of the real property as mutually agreed upon by the parties, preparation of appropriate documentation to evidence the basic agreements made by the companies, and such other documentation as may be necessary to facilitate the consummation of the proposed transaction. AGREEMENT I have reviewed the foregoing statement disclosing that a conflict of interest exists for the law firm of Bama, Guzy & Steffen, Ltd. (the "Law Firm") in connection with its simultaneous representation of the City of Columbia Heights ("City") and Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation CWashbum-McReavy"). I understand that the conflict arises out of the Law Firm's representation of both parties in a land sale/purchase l~ansaction now being negotiated between the parties. With the authority vested in me by the board of directors as Chairman of Washburn- McReavy, I hereby consent on behalf of Washbum-McReavy to the Law Firm's representation of both parties in the aforementioned transaction. Furthermore, on behalf of Washburn- McReavy and with the authority of the board of directors, I waive any obj cotion to such conflict of interest based on the facts of which I am aware on the date hereof. On behalf of Washburn- McReavy, I also waive any breach of confldentiality as to information the Law Firm may have obtained concerning Washburn-McReavy's affairs in its role as Washburn-McReavy's counsel in past matters. Dated this day of September, 2000. WASI-IBURN-MCREAVY FUNERAL CHAPELS, INC., a Minnesota corporation By: William L. McReavy Its: Chaimaan -2- AGREEMENT On behalf of the City of Columbia Heights ("City") We have reviewed the foregoing statement disclosing that a conflict of interest exists for the law fn'rn of Barna, Guzy & Steffen, Ltd. (the "Law Firm") in connection with its simultaneous representation of the City and Washburn-McReavy Funeral Chapels, Inc., a Minnesota corporation CWashburn-McReavy"). We understand that the conflict arises out of the Law Firm's representation of both parties in a land sale/purchase transaction now being negotiated between the parties. The City hereby consents to the Law Firm's representation of both parties in the aforementioned transaction. The City waives any objection to such conflict of interest based on the facts of which we are aware on the date hereof. Dated this day of September, 2000. City of Columbia Heights 96701_1 By: Its Mayor By: Its City Clerk -3- CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: BID CONSIDERATION ~- '3- ITEM: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR RETAINING WALL CONSTRUCTION PROJECTS 9818 AND 0012 AT JEFFERSON DIVIDE, 5255 7TM STREET (ON 53RD AVENUE) AND 4342 ARTHUR STREET ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER DATE: Background: On July 10, 2000, City Council authorized staff to seek bids for retaining wall construction at the following three locations along State Aid Streets: Jefferson Divide, 5255 7th Street (on 53rd Avenue) and 4342 Arthur Street. Plans and specifications for retaining wall construction were advertised in the Focus on September 14lh and in the Construction Bulletin on September 8, 15, 2000. Twelve contractors or suppliers requested copies of the bidding documents. Six bids were received and publically read aloud at the October 3, 2000 bid opening. A copy of the bid opening minutes and bid tabulation is attached. Analysis/Conclusions: The low bid for retaining wall construction was submitted by Sunram Construction, Inc. of Corcoran, Minnesota, in the amount of $139,866.23. The low bid is 13.5% under the engineer's estimate and staff is recommending award of the project. All construction costs are funded with City State Aid Construction Funds. Consauction on 53rd Avenue and Arthur Street will be completed in 2000. Consauction on Jefferson Divide must be completed by June 30, 2001. Recommended Motion: Move to waive the reading of Resolution No. 2000-71, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2000-71 accepting bids and awarding the Retaining Wall Consauction Projects No. #9818 and #0012 along State Aid Streets: Jefferson Divide, 5255 7th Street (on 53ra Avenue) and 4342 Arthur Street to Sunram Consauction Inc. of Corcnran, Minnesota, based upon their low responsible bid in the amount of $139,866.23 to be appropriated from Funds 402-59818-5130 and 402-50012-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Auachments: Bid Opening Minutes Bid Tabulation Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening Tuesday, October 3, 2000 at 10 a.m. City Project No. 9818 and 0012 2000 Improvement Projects 9818 and 0012 Retaining Wall Construction Pursuant to an advertisement for bids for City Project No. 9818 and 0012, an administrative meeting was held on October 3, 2000 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kathyjean Young, Assistant City Engineer Joanne Baker, Public Works Secretary CliffMeyers, Timme Inc. Robert Scott, Thor Construction Lee Sunram, Sunram Construction Bids were opened and read aloud as follows: Stmram Construction Inc. Nadeau Utility, Inc. Schmidt Curb Company, Inc. Thor Construction TMS Construction Inc. Timme, Inc. $139,866.23 $154,333.30 $158,606.75 $163,053.05 $165,093.78 $165,100.74 Respectfully submitted, ' Public Works Secretary CITY OF COLUMBIA HEIGHTS 637 38TM AVENUE NE COLUMBIA HEIGHTS, MN 55421 Bid Package: City Project No.: Bid Time And Date: 2000 Improvement Projects 9818 and 0012 Retaining Wall Construction fO:O0 a.m. - Tuesday, October 03, 2000 Bidder Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 Nadeau Utility, Inc. 20005 Highway 81 Maple Grove, MN 55311 Schmidt Curb Company Inc. 1319595thSt. N. E. Elk River, MN 55330-7416 Thor Construction 5400 Main St. N. E Minneapolis, MN 55421-1132 TMS Construction Inc. 5990 Meadowlark Lane Prior Lake, MN 55372 Timme, Inc. N8714 - 250th Street P. O. Box118 Spring Valley, WI 54767 Bid Bond Base Bid 5% X $139,866.23 X $154,333.30 X $158,606.75 X $163,053.05 X $165,093.78 X $165,100.74 2000pro j/concrete floorOpening List RESOLUTION NO. 2000-71 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR RETAINING WALL CONSTRUCTION PROJECTS #9818 AND #0012 WHEREAS, pursuant to an advertisement for bids for 2000 Improvement projects #9818 and #0012 Retaining Wall Construction, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Sunram Construction Nadeau Utility, Inc. Schmidt Curb Company Inc. Thor Construction TMS Construction Inc. Timme, Inc. Base Bid $139,866.23 $154,333.30 $158,606.75 $163,053.05 $165,093.78 $165,100.74 WHEREAS, it appears that Sunram Construction, 20010 75th Avenue North, Corcoran, Minnesota, is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED by the City Council of Columbia Heights, Minnesota: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Sunram Construction in the name of the City of Columbia Heights for 2000 Improvement Projects #9818 and #0012, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lower bidder shall be retained until the contract has been signed. City Projects #9818 and #0012 shall be funded with 100% City funds - Municipal State Aid Construction funds. Dated this 9th day of October, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 10/9/00 AGENDA SECTION: BID CONSIDERATION NO: '1- B- 2Z ITEM: RESOLUTION ACCEPTING BIDS AND AWARDING DEMOLITION, REMOVAL AND RESTORATION OF THE HUSET BAND SHELL AND ADJACENT AREAS ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. ,.;;o; DATE: CITY MANAGER DATE: Background: City Council authorized seeking bids for the demolition, removal and restoration of the Huset Band Shell and adjacent areas at their meeting of August 14, 2000. Quotations were sent to 11 contractors. Eight quotations were received for the bid opening which was held on September 20, 2000 at 3:00 p.m. At the regular Park & Recreation Commission meeting of June 28, 2000, staff informed the Commission that Band Shell removal would be in the range from $5,000 to $7,500. The Commission voted unanimously to recommend to the City Council to remove the Band Shell at Huset Park. Analysis/Conclusions: The Band Shell is sparsely used throughout the year. The Jamboree Coronation and one or two summer Recreation programs are held there. The general public, on average. may use it two to three times a year for such activities as a band or other civic groups. Public Works staff would note the existing and future maintenance issues such as cracked concrete flooring, roofing will need to be replaced in about five years, and the building does sustain a significant amount of vandalism. The sound system is only about five years old and like the building, seldom used. The sound system is salvageable for other City uses. Other neighboring communities do have portable Band Shells that may be available for related uses. Recommended Motion: Move to waive the reading of Resolution No. 2000-72, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2000-72 accepting bids and awarding the demolition, removal and restoration of the Huset Band Shell and Adjacent Areas to Kevitt Excavating Inc. of Crystal, Minnesota, based upon their low, qualified responsible quotation in the amount of $5,375.00; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Funding would be provided from the City's Parks Capital Improvement Fund 412-45200- 5120. Attachments: Bid OpeningMinutes Resolution COUNCIL ACTION: CiTY OF COLUMBIA HEIGHTS Minutes of Bid Opening Wednesday, September 20, 2000 at 3:00 p.m. Demolition, Removal and Restoration of the Huset Park Band Shell and Adjacent Areas Pursuant to an advertisement for informal quotation, an administrative meeting was held on September 20, 2000 at 3:00 p.m. for the purpose of bid opening. Informal quotations were opened and read aloud. Attending the meeting were: Jake Bronder, Mn/DOT Engineering Intern Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Kevitt Excavating Inc. Wickenhouser Excavating Inc. Land Recycling Service Inc. USD Minnesota - LLC Belair Excavating Veit& Company Ceres Environmental K-B Excavating $ 5,375 $ 5,550 $ 5,664 $ 6,250 $ 6,288 $ 6,675 $ 9,000 $16,884 Respectfully submitted, Jo e Baker, Public Works Secretary RESOLUTION NO. 2000-72 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR DEMOLITION, REMOVAL AND RESTORATION OF HUSET BAND SHELL AND ADJACENT AREAS WHEREAS, pursuant to an advertisement for bids for Demolition, Removal and Restoration of the Huset Park Band Shell and Adjacent Areas, quotations were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Kevitt Excavating Inc. $ 5,375 Wickenhouser Excavating Inc. $ 5,550 Land Recycling Service Inc. $ 5,664 USD Minnesota - LLC $ 6,250 Belair Excavating $ 6,288 Veit& Company $ 6,675 Ceres Environmental $ 9,000 K-B Excavating $16,884 WHEREAS, it appears that Kevitt Excavating Inc, 3335 Pennsylvania Avenue North, Crystal, Minnesota, is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED by the City Council of Columbia Heights, Minnesota: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Kevitt Excavating Inc. in the name of the City of Colnmbia Heights for Demolition, Removal and Restoration of the Huset Park Band Shell and Adjacent Areas according to plans and specifications therefore approved by the Council. 2. City Project shall be funded with approximately 100% Parks Capital Improvement Funds. Dated this 9th day of October, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS Meeting of: October 9, 2000 AGENDA SECTION: Other Business NO: "1 -C ITEM: Approval of Sale/Development Agreement for 3855 Main Street N.E. ORIGINATING DEPARTMENT: CITY MANAGER Community Development APPROVAL DATE: October 5, 2000 ISSUE STATEMENT: Enclosed is a Sale/Development Agreement prepared by the City Attorney for adoption by the City Council to allow for the sale of 3855 Main Street N.E. to Brian Michael Roeller who resides at 3849 Main Street N.E. BACKGROUND/ANALYSIS: The City Council approved a motion on August 14, 2000 to authorize the acquisition of the property at 3855 Main Street N.E. for $54,000 plus up to $1,000 for closing costs. This property was acquired with monies from the Abatement Revolving Fund and is one of the fifty six properties included in our Scattered Site Housing TIF (Redevelopment) District. The purpose of this district was to acquire homes that were blighted, non-conforming, and to remove the structures to improve these sites. The City Attorney has prepared a Sale/Development Agreement for conveying this parcel property to the property owner directly to the south, which is Mr. Roeller, at 3849 Main Street N.E. The Agreement notes that at a later date, Mr. Roeller will go through a lot split process and sell one half of the property to the owner at 3859 Main Street N.E. (Lot directly to the noah of this site, owned by Patrick and Sherry Truchinski). We have requested that language be added to the Agreement to prohibit the resale of the property for redevelopment purposes. The Agreement specifies that the house and garage at 3855 Main Street N.E. will be removed at the buyers expense within 90 days of closing. Furthermore, the Agreement requires the lot to be restored and graded to match the adjacent properties with seed or sod to be placed on site no later than May 31, 2001. The sale of property to Mr. Roeller will be in the amount of $20,000 plus normal buyers closing costs and the responsibility for payment of any liens, encumbrances, j udgements, or outstanding assessments. Property taxes will be prorated as of the date of sale. Finally, the Agreement allows the buyer to have the option of paying the City to have the utility services removed to avoid incurring additional costs due to excavation in frozen ground. RECOMMENDATION: Staff recommends City Council approval of the attached Sale/Development Agreement and to authorize the Mayor and City Manager to enter into an agreement for the same. RECOMMENDED MOTION: Move to approve the Sale/Development Agreement with Mr. Brian Michael Roeller of 3849 Main Street N.E. for an amount of $20,000 plus associated costs; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: COUNCIL ACTION: H:\consent\Approval Sale Development Agreement,3855 Main St. LoT ~ 5~ocic 80 COLUMBI~ HEIGHTS ~MUEX TO MlUMEAPOLIS _/~klOK, A COUNTY AvE. IkJ.E. ~CJTH ~"' e OId/,,or., ~' /. 5 ' ~ Von /~.o' ; 5849 ~foO LOT 50. LoT Z9 / LoT ~8 ] Z, hereby, cer/,' fy /ho/ ~tl~e ebove p/o/,Ls e /rue o,~J Coffee/copy oFo survey o/Zo/-~0, Dlock 80, Co/umb/~ H~/~h/~ ~noex /o ~,~pea~o//~, o~ ~ur~eyed by me/h,~ ~pt~/e~d G/v,7 ~ng~ ~ Zond~u~eYor From z Patrick E. & Sherri A. Tmchinski 3859 Main St. N.E. Columbia Heights, MN 55421 763-781-7984 July 22, 2000 Brian Roeller 3849 Main St. N.E. Columbia Heights, MN 554.21 763-208-0502 Council, City of Columbia Heights, MN City Manager, City of Columbia Heights, MN This letter is to reform you that it is our intent to purchase half the property each, presently known as 3855 Mare St. N.E. for approximately $10,000.00 each. Furthermore, we will assume one haft the cost (each) of demolition as negotiated, or make arrangements, at our cost, for the razing of this property at the time of sale. Patrick E. Tmchinski & Sherri A. Tmchinski Date 'Brian Roeller Date SALE / DEVELOPMENT AGREEMENT THIS SALE/DEVELOPMENT AOP-.EEMENT C'Agreement") is made this day of · 2000, by and between the City of Columbia Heights ("City"), a municipal corporation; Brian Michael RoeHer and ("RoeHer"); and Patrick Truchinski and Sherri T. Tmehinski, husband and wife CTruchinski"). WHEREAS, the City owns the real property located at 3855 Main Street NE, as legally described in Exhibit A. Said property currently has a sub-standard single family home thereon; and WHEREAS, Roeller owns the real property located at 3849 Main Street NE, which is the property direc~y adjacent to the south of 3855 Main Succt NE; and WI-IEREAS, Tmchinski owns the real property located at 3850 Main Street NE, which is the property directly adjacent to the north of 3855 Main Street NE; and WHEREAS, it is the desir~ of all parties hereto that the sub. standard structure located at 3855 Main Street NE be razed, the lot split and deeded in equal proportion to Roetier and Truchinski, NOW, THEREFORE, the parties hereto agree as follows: 1. Officer/Acceptance. Roeller offers to pumhase and City agrees to sell the real property located at 3855 Main Street NE, Columbia Heights, Anoka County, Minnesota, legally described in Exhibit A. 2. Purchase Price. The price for the real property included m this sake is Twenty Thon~nd Dollars ($20,000), which Roeller agrees to pay in cash on ,2000, the Date of Closing. Closing shall take place 31 City Hall, or at some other mutually agreeable location. 3. Deed. Upon performance of Roeller, City shall execute and deliver a quit claim deed conveying title of record, subject to: (a) building and zoning laws, ordinances, state and federal regulations; (b) reservation of any romerat rights by the State of Mirmesota; and (e) utility and &alnage easements. 4. Real Estate Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be pro-rated between the City and Roeller on a calendar year basis to the actual Date of Closing. Roeller shall pay on Date of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. Roeller shall assume all other special assessments levied as of the date of this Agreement. Roeller shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, subject to the further conditions as set forth herein. City makes no representation concerning the amount of future real estate taxes or of future special assessments. 3.:t 6 '~'=" 9:41~M N0}985 P. :3/5 5, Condition of Provertv. The parties hereto acknowledge that the subject prol:~rty is ~ing .sold in ar~ "As Is' condition. 6. Termination of Utility Services. Termination of all utility services must be completed within thirty (30) days of the Date of Closing. All costs of such termination shall be the joint and several responsibility of Roeller and Tmchinski. If Roeller and Tmchinsld wish to have the utility services terminated prior to the Date of Closing (due to weather related issues), City agrees to conduct such services upon lytior receipt of an agreed upon cost of such termination. If the termination of the utility services is not completed within thirty (30) days of the Date of Closing. Roeller and Truchinski hereby agree that City may then conduct such work or contract for the same, with the costs of the termination to be assessable in equal shares against the real property owned by RoeHer and Tmchinski as described above. 7. Removal, of Existing Structures. Complete removal of all existing smictures located on the subjecl property must be completed within ninety (90) days of the Date of Closing. All costs of such removal shall be the joint and several liability of Rueller and Iruchinsld. If the removal of the existing structures is not completed within ninety (90) days of the Date of Closing, Roeller and Truehinski hereby agree that City may then conduct such work, or contract for the same, with the costs of the removal to be assessable in equal shares against the real property owned by Roeller and Truchinski as described above. 8. Properly Restoration. Once all existing structures are removed, the lot shall be restored so that the grade of the lot matches the adjacent properties. G-round cover of seed or sod must be provided no later than May 31, 2001. The cost of the above work shall be the joint and several responsibility of Roeller and Truchinski. If the restoration and groundcove are not provided by May 31, 2001, Roeller and Truchinski hereby agree that City may conduct such work, or conh~act for the same, with the costs of the restoration and/or groundcover to be assessable in equal shares against the real property owned by Roeller and Tmchinski as described above. 9, Possession. City shall deliver possession of the property to Roeller no later than the Date of Closing. 10. Lot Split/Resale. Within one (1) year from the date of possession, RoeHer shall cause to be accomplished a lot split of the subject property. The split shall divide the property from east to west and shall be as close to an equal division of the property as possible. Also within one year of the date of possession, Roeller hereby agrees to sell to Truchinski the northerly portion of the subject property created pursuant to the lot split. Roeiler shall deliver to Trucbin~ki a quit claim deed conveying said portion upon purchase payment of $10,000 by Trachinski. In addition m the $10,000 purchase price, Truchinski shall also reimburse Roeller for on~-half(l/2) of the utility termination, structure removal, property restoration and lot split costs if not already so paid by Traehinski. 11. Re, development Prohibit If for any reason the above-referenced lot split is not completed, Roeller hereby agrees not to lease or resell the subject property for any 2 Oct. 5. 2005 g 4ZAM No.~985 P. 4/!. redevelopment purposes. If this specific provision is violated, City shall be hereby authorized to withhold any permits, certificates of occupancy or other approvals that such redevelopment may require. 12. Minnesota Law. This Agreeraent shall be governed by the laws of the State of Minnesota. CITY OF COLUMBIA HEIGHTS Its: Mayor By: Its: City Manager Bfian Michael Roetier Patrick Truchinski Sherri T. Truckinski STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing inslrument was aclmowledged before me this .... day of ,2000, by Gary Peterson and Walt Fehst, the Mayor and City Manager, respectively of the City of Columbia Heights, on behalf of the City. Notary Public O:t 5 2:.De 9:4:tM No:!98! P STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instnnnent was acknowledged before me this ,2000, by Bfian Michael Roeller and day of Notary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ,2000, by Palxick Truchinski and Sherri T. Truchinski. day of Notary Public 9950~_1 4 EXHIBIT A PROPERTY IDENTIFICATION NUMBER: 35 30 24 33 0059 LEGAL DESCRIPTION: Lot 29, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Sale & Development Agreement/City/TCHabitat HOUSING & REDEVELOPMENT AUTHORITY (I-IRA) IN AND FOR COLUMBIA HEIGHTS SPECIAL MEETING MINUTES OF MONDAY, AUGUST 28, 2000 CALL TO ORDER TheRegularMeetingoftheHousing&RedevelopmentAuthority(H:RA) in and for Columbia Heights was called to order by Chaurnan, John Hunter at 6:46 p.m., Monday, August 28, 2000, in the City Hall Conference Room 1,590 40a' Avenue N.E., Columbia Heights, Minnesota. ROLL CALL Commission Members Present: John Hunter, Marlaine Sz'urek, Don Jolly, Gary L. Peterson, Julienne Wyckoff, and John Hunter Staff Present: Walt Fekst, Executive Director Ken Anderson, Deputy Executive Director/Assistant Secretary Randy Schumacher, Community Development Assistant APPROVAL OF MINUTES OF THE SPECIAL MEETING OF MAY 16, 2000. MOTION by Mariame Szurek, seconded by Don Jolly, to adopt the minutes of the May 16, 2000 regular meeting as presented in writing. All Ayes. MOTION CARRED. ADOPT PRELI1V[INARY 2001 HOUSING & REDEVELOPMENT AUTHORITY BUDGET AND PROPOSED 2001 LEVY. Chairman Hunter introduced the discussion on the proposed 200I Budget and Proposed 200I, levy for the Housing and Redevelopment Authority in and for the City of Columbia Heights. Mr. Anderson indicated the HRA Proposed Budget included expenses of $106,752 and revenue of $127,151. The difference between the revenues and the expenses is attributable to the Business Revolving Loan Fund and other housing loans principal and interest scheduled to be received in 200I. The Budget assumes that no additional loans will be issued in 2001. Mr. Anderson further explained that the recommended HRA levy was $94,752 which was the same levy amount spread on taxable property in Columbia Heights for taxes payable in 2000. The HRA levy maximum is calculated using a percentage established within the State Statute of .0144% of the taxable market value in the City of Columbia Heights. The maximum amount that could be levied using the pay 2000 values would be $95,328.28. _ Mr. Anderson indicated that levy amount would be used to pay off the outstanding construction loan made to the Sheffield Redevelopmerit Project. He indicated the HACA would be transferred to the Community Development Fund as it has been for the last several years. MOTION by Gary L. Peterson, seconded by Marlaine Szurek, to waive the reading of liRA Resolution 2000-02, there being ample copies available to the Public. All Ayes. MOTION CARRIED. MOTION by Gary L. Peterson, seconded by Marlaine Szurek, to adopt HRA Resolution 2000-02, being a Resolution of the Housing and Redevelopmerit Authority in and for Columbia Heights, adopting the Preliminary 2001 Budget and Recommending Setting the HRA Local Levy at $94,752. All Ayes. MOTION CARRIED. OTHER BUSINESS. Chairman Hunter requested staff provide the HRA Commissioners with the outstanding balance on the constraction loan funds made by the City to the Sheffield Redevelopment Project. The HRA levy is curren~y pledged to the repayment of that recoustmction loan. Mr. Anderson indicated a loan balance arnoant would be forwarded to the Commissioners as requested. ADJOURNMENT. MOTION by Gary L. Peterson, seconded by Julietme Wyckoff, to adjourn the meeting at 6:52 p.m. All ayes. MOTION ARRIED. /;Oenne~ON A~~ son, Assistant Secretary/Deputy Executive Director OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION SEPTEMBER 13, 2000 The meeting of the Traffic Commission was called to order at 7:00 p.m. by Chairperson Ed Carlson. I. ROLL CALL Members Present: Members Absent: Anderson, Carlson, Goodman, Stumpf, *Sturdevant StaffPresent: Kathy Young, Assistant City Engineer Tom Johnson, Police Chief II. APPROVAL OF AUGUST 7, 2000 MINUTES Motion by Stumpf, second by Anderson, to approve the minutes of August 7, 2000 meeting. Motion carried unanimously. III. OLD BUSINESS REQUEST TO DESIGNATE "2-HOUR PARKiNG-SCHOOL DAYS" ON THE RESIDENTIAL STREETS SURROUNDING THE HIGH SCHOOL Jane Liepold, High School Principal, met with Police Chief Johnson and Captain · Bill Roddy to discuss parking issues at the high school. The armual permit fee for parking in the high school lot has been raised from $5 to $80. Raising the fee allows the school to provide a security guard during the day. Principal Liepold is concerned students will park on the residential streets instead of paying the permit At the August meeting staff was directed to review the parking on local streets after school is in session and report back to the Traffic Commission at the September 13 meeting. Flyers ~vere distributed by the Police Department to residents in the vicinity of the high school informing them of the change in the parking policy for students and the meeting date of the Traffic Commission to consider different options should they have concerns or ideas. Two property owners called to say they couldn't attend the meeting but were in favor of the 9-11 a.m. parking restriction. A second flyer was distributed to vehicles parking on the street reminding them of the six-hour parking ordinance. Official Traffic Commission Meeting September 13, 2000 Page 2 As of this meeting, it is not known what impact the new permit fee will have on parking. A security guard starts on Monday, September 18th. Don Taschner of 1430 Lincoln Terrace stated that he felt the issue was a School District one. Phil Clark of 1260 Lincoln Terrace felt that the high school lot has provided more than adequate parking for students and parking restfictions should not be placed on residents in the area. He too felt it a School District problem. He raised the question of how serious the damages are in the lot that would make it necessary to pay a security guard to keep watch. Also, he wondered if teachers paid to park in the lot. Tom Kj ellberg of 1610 Fairway Drive questioned the fairness of restricting resident parking and questioned the motive of such restrictions stating he felt it ~vould be a burden for the residents in the area. Dick Braun of 1275 Lincoln Terrace thanked the City for sending out the flyer to inform the residents of what is being considered as a result of the new parking fee at the high schooI. * Commissioner Sturdevant arrived at 7:12 p.m. Jo-Anne Student of 1615 49th Ave. stated she felt discussion of the issue was premature, that a Public Heating should be held once it is known what impact the parking fee has on where students park once permit parking only is enforced. She added that she didn't think the problem was the School District's, but one of the community as a whole. Principal Liepold addressed questions raised by residents at the meeting. She indicated that they have been working with the Police Department as a "good neighbor". The School District cannot enforce what is done on the street and need the help of the Police. She indicated there have been 50 parking permits sold. The capacity of the parking lot is t60 spaces, with a minimum of 120 potential students who would be driving. With regard to vandalism in the parking lot, there has been some theft, keying of vehicles, etc. In the interest of safety for the students, the door school doors are locked, a greeter is present and the hiring of a security guard who ~vill drive the premises along with surveillance of the parking lots. Official Proceedings Columbia Heights Traffic Commission September 13, 2000 Page 3 Superintendent Behlow reiterated what Principal Liepold had explained and indicated that in the interest of providing safe streets and schools, the School District would rather prevent vandalism, theft, etc. from happening rather than having to intervene. He felt the City and School District both want to work together to provide safe streets and schools. Beginning next Monday, security will be asking for each student's permit. If students are parking without a permit, they will be warned. If it continues, their vehicle could be towed. Police Chief Johnson indicated that presently the Police Department can only enforce the Ordinance currently in place that limits the parking on residential streets to no longer than six (6) hours. Residents expressed that once the impact of the parking issue is known, and should there be a parking problem and parking restrictions necessary, a Public Hearing be held as soon as possible. Assistant City Engineer, Kathyjean Young, explained the requirements for calling for a Public Hearing and the deadlines for notification. The next Traffic Commission Meeting will be held October 2nd. The earliest the Hearing could be held would be October 23~d because of mailing requirements. A recommendation by the Commission would go to the regular City Council Meeting November 13th. Motion by Goodman, second by Sturdevant, to direct staff to monitor parking on the local streets identified in the minutes of August 7 between September 14 and September 22, 2000, and to report the results at the next meeting. Motion carried unanimously. REQUEST TO iNSTALL "SLOW CHILDREN" SIGN iN THE AREA OF 52ND AVENUE AND 5TM STREET Ms. Rose Corbett requested a "Slow Children" sign for the 5~h Street and 52na Avenue area. The concern is speed. Several years ago MnfDOT sent a letter advising against the installation of this type of sign except in unusual situations. Motorists should expect the presence of children and pedestrians in residential areas. Official Proceedings Columbia Heights Traffic Commission September 13, 2000 Page 4 IV. At the last meeting, the Commission directed staff to conduct a traffic survey of speed and volume. The Police Department reported that the average speed for east/west traffic on 52nd Avenue was 22 mph. North and southbound traffic speed on 5th St. was 20 mph. Staff stated that the more signs are installed, the less motorists pay attention to them. Mr. Corbett expressed his concern with children's safety and asked for the number of "Slow Children" sign requests vs. the number installed. Staff indicated they would have to research the information. Motion by Goodman, second by Stump to deny the request for installation of "Slow Children" sign in the area of 52"d Avenue and 5th Street. Motion carded unanimously. METRO TRANSIT BUS STOP LOCATION Metro Transit requested the location of the existing bus stops on 40th and 41st Avenues and Central Avenue, Presently they stop noah of 40th Avenue and noah of 41sl Avenue. Relocating these bus stops to the south would mean they would be stopping in the fight turn lane at both 40th and 41st and Central Avenue. Commission members indicated they did not agree with moving the bus stops to the south sides of 40th Avenue and 41 st Avenue and suggested a representative from Metro Transit attend the next meeting to discuss the proposal. Metro Transit Representatives, John Spurgetis and Christy Bailly, were present at the meeting. Traffic patterns of the buses using the new Columbia Heights Transit Hub were explained. Commission members were still not in favor of moving the bus stops and suggested that both stops at 40th and 41 st and Central Ave. be eliminated and the entrance and exit to the Mall be used. Metro Transit questioned the safety of passengers being dropped off at the Mall. Motion by Goodman, second by Sturdevant, to direct staff to investigate the feasibility of eliminating the bus stops at 40th and 41 st Avenue, using the bus entrance and exit as a bus stop for passengers, and report at the next meeting. Motion carried unanimously. OTHER OLD BUSINESS Official Proceedings Columbia Heights Traffic Commission September 13, 2000 Page 5 NEW BUSINESS REQUEST TO INSTALL A STOP SIGN FOR NORTHBOUND TRAFFIC ON JEFFERSON AT 42N~> AVENUE Mr. Daniel Kane of 4209 Jefferson Street has requested a stop sign be installed for northbound traffic on Jefferson St. at the intersection of 42nd Avenue. Mr. Kane's concern is the location of the school bus stop and the number of accidents at the intersection. The eastbound school bus on 42'd Avenue stops at the southwest comer of the intersection. This requires small children to cross Jefferson Street where there is no stop sign or painted cross walk. At times, traffic traveling east or westbound on 42nd Avenue are unable to clear the intersection before northbound traffic on Jefferson Street enters the intersection. Staff suggests the School District be contacted concerning the bus stop location. Perhaps the bus can stop both on the west side of Jefferson Street and the east side of Jefferson Street. With this scenario, none of the children would need to cross Jefferson Street and the bus would effectively stop traffic on 42nd Avenue. Traffic currently stops on 42nd Avenue. Visibility at the intersection is adequate. A review of Police incident reports shows one accident each year since 1997. Accident reports in November 1997 and June 1998 showed an east or westbound vehicle pulling into the intersection and being struck by a vehicle on Jefferson Street. In June 1999 a parked car ~vas hit. In 2000 Police were called to the intersection; however, both drivers left the scene before officers arrived. Mr. Kane stated that the rate of speed of northbound vehicles is very excessive. At the top of the hill is a blind intersection. Police Chief johnson stated he would put the speed trailer up to monitor speed at the intersection. Motion by Stumpf, second by Goodman, to direct staff to obtain traffic speed and volume counts on Jefferson Street at 42na Avenue. Motion carried unanimously. Official Proceedings Columbia Heights Traffic Commission September 13, 2000 Page 6 VI. VII. OTHER NEW BUSINESS None REPORTS A. CITY ENGINEER 1. SCHOOL ZONE STUDY At this time Anoka County will give the City permission to install two flashing lights indicating a school zone; however, they will not support a reduction in speed. Commissioner Goodman left the meeting at 8:50 p.m. 2. DECEMBER MEETING The holiday dinner meeting date has been set for Monday, December 4, 2000. B. POLICE CHIEF None. C. COMMISSIONERS Commissioner Stumpf mentioned he had observed an elderly gentleman directing traffic on 49m Avenue by the high school and wondered who had authorized this activity. Police Chief Johnson indicated he was not aware of this activity and would look into it. Official Proceedings Columbia Heights Traffic Commission September 13, 2000 Page 7 VIII. ADJOURNMENT Motion by Sturdevant, second by Anderson, to adjourn the meeting at 9:00 p.m. Motion carried unanimously. Jo(t/rme Baker Traffic Commission Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION OCTOBER 2, 2000 The meeting of the Traffic Commission was called to order at 7:00 p.m. by Chairperson Ed Carlson. I. ROLL CALL Members Present: Staff Present: Anderson, Carlson, Goodman, Stumpf, Sturdevant Kathy Young, Assistant City Engineer Tom Johnson, Police Chief Don Jolly, City Council II. APPROVAL OF SEPTEMBER 13, 2000 MINUTES A correction to the minutes was made in Section III, Old Business - A - on page 2, last paragraph, last sentence to eliminate the duplication of the word "door". Motion by Goodman, second by Stumpf, to approve the minutes of September 13, 2000 meeting. Motion carried unanimously. III. OLD BUSINESS REQUEST TO DESIGNATE "2-HOUR PARKiNG-SCHOOL DAYS" ON THE RESIDENTIAL STREETS SURROUNDiNG THE HIGH SCHOOL The School District has implemented parking lot permits and the number of vehicles parking on the residential streets surrounding the high school ranged from none to 6. Approximately 120 students have paid for the parking permit. As the number of concerns and problems have been minimal, staff recommends there not be a restriction on parking at this time. Chairperson Carlson stated that he felt it was a school district problem and the school district has taken care of it. He expressed thanks to Jane Liepold, Principal of the High School. Mr. D. Philip Clark of 1260 Lincoln Terrace commented on the fine job the school administration and Police Department have done in resolving this issue. Motion by Sturdevant, second by Goodman, to deny the request to designate '~2-hour Parking - School Days" on the residential streets surrounding the high school. Motion carried unanimously. Official Proceedings Columbia Heights Traffic Commission October 2, 2000 Page 2 METRO TRANSIT BUS STOP LOCATIONS Commission members, at their meeting of September 13th, requested Metro Transit explore the feasibility of eliminating the bus stop at 40I" Avenue and 41 st Avenue and replacing them ~vith a stop in the mall parking lot. Presently they stop north Of 40th Avenue and north of 41st Avenue. Relocating these bus stops to the south would mean they would be stopping in the fight turn lane at both 40th and 41st and Central Avenue. Staff contacted the cities of Mirmeapolis and St. Louis Park where signage of "Buses in right lane allowed to go straight" has been used with great success. Mr. Jon Spurgetis with Metro Transit indicated that the buses stopping in the mall parking lot have worked out very well. Traffic and safety does not seem to be an issue. Metro Transit will work with mall management on signage. Metro Transit would still like to use the south side of 40th Avenue as a bus stop on a trial basis. This would require signage that allows buses in fight turn lane to go straight. The request to keep the bus stop on the south side of 40th Avenue would make it easier for passengers getting off the bus. Police Chief johnson expressed concern that traffic would not be able to see a sign posted as the bus would be in the way. Chairperson Carlson mentioned that as buses leave the transit hut and turn on to 4lst Avenue going west they are jumping the curb. Mr. Spurgetis said he would caution the bus drivers. Motion by Goodman, second by Anderson, to approve parking between 40th and 41 st Avenue in the mall parking lot and eliminate the bus stop at 41 st Avenue. Motion carried unanimously. Motion by Carlson, second by Stumpf, to allow the bus stop at the south side of 40th Avenue intersection to remain on a trial basis for six months at which time it ~vould be reviewed and terminated or made permanent. Roll Call: Stumpf-aye, Goodman-nay, Sturdevant-nay, Carlson-aye, Anderson-nay. Motion failed. Official Proceedings Columbia Heights Traffic Commission October 2, 2000 Page 3 IV. VI. VII. C. REQUEST TO 1NSTALL A STOP SIGN FOR THE NORTHBOUND TRAFFIC ON JEFFERSON STREET AT 42Nn AVENUE Mr. Kane of 4209 Jefferson Street has requested that his request to install a stop sign for noahbound traffic on Jefferson Street at 42nd Avenue be tabled. He is canvassing his neighborhood and considering other options at this intersection. Motion by Sturdevant, second by Anderson, to table the request to install a stop sign for the northbound traffic on Jefferson Street at 42nd Avenue. Motion carded unanimously. Commissioner Stumpf asked for results of traffic speeds at this intersection. Staff reported that during the hours monitored, the g5th percentile speed for Jefferson Street at 42nd Avenue ranged from 30-32 mph. About 82% of vehicles travel at 30 mph or less, 17% travel between 31 and 37 mph and less than 1% travel faster than 38 mph. OTHER OLD BUSINESS None NEW BUSINESS None OTHER NEW BUSINESS None REPORTS A. CITY ENGiNEER None Official Proceedings Columbia Heights Traffic Commission October 2, 2000 Page 4 B. POLICE CHIEF Police Chief Johnson mentioned that the Police Department will continue to monitor any complaints regarding speed in the City. As winter approaches, there will be less complaints. C. COMMISSIONERS As Commissioner Anderson has a conflict for the regularly scheduled December meeting, the date has been rescheduled. Motion by Goodman, second by Anderson, to reschedule the December dinner meeting to Wednesday, December 6, at 6:30 p.m. Motion carried unanimously. Commissioner Stumpfasked about installation ofan alley light. Staff indicated that alley lights are assessed and a petition needs to be submitted to KathyYoung. The petition must be circulated to affected properties within 300 feet of the light and the cost is $10 a year. VIII. ADJOURNMENT Motion by Goodman, second by Stumpf, to adjoum the meeting at 7:50 p.m. Respectfully submitted, jo~e~a~4kk~4z-e~-' Traffic Commission Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, SEPTEMBER 21, 2000 The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: City Representative: MediaOne Representative: Legal Counsel: Dennis Stroik, Dan Swee, Bradley Peterson, Reuben Ruen, and Bob Buboltz Linda Magee Kathi Donnelly-Cohen Steve Guzzerta APPROVAL OF MINUTES Motion by Brad Peterson , seconded by Dan Swee to approve the minutes from the meeting of july 20, 2000. All ayes. OLD BUSINESS A. Channel Check Channel #12 was slow to sink in. Kathi stated that once we go to digital, this will be common. Bob noticed that the sound levels between channels seem to fluctuate more than usual lately. Kathi explained that a sound control is in place, but there is an audio "range" that is considered acceptable before the control would make an adjustment. She needs to have specific times, channels, and programming to make changes. B. Correspondence Log and Complaint Follow Up. #1 36-Mortvedt-Inappropriate conduct by service tech when in the residence for an outside problem to repair reception. Subscriber was called by supervisor and given an apology and also given a one week credit on their bill. #137-Meekin-Subscriber wanted Universal service hooked up. The first tech was unable to do so due to trees in the way. However, the second tech was able to complete the installation and hook up process. C. Status of Ordinance Regulating Telecommunications Towers/Antennaes On August 14, 2000 a draft of the ordinance Steve Guz~etm wrote was sent out for review. Comments were to be made by August 28th. Linda forwarded these comments to the appropriate people. She explained the City Council extended the moratorium to December 7th so the P & Z Commission and Telecommunications Commission would have time to review the draft ordinance and make a recommendation to the Council. The Planning and Zoning Commission will address this at their October meeting and make a recommendation to the Council. The Telecommunication Commission members thought the ordinance was much more complete and were satisfied with it. TELECOMMUNICATIONS COMMISSION MINUTES OF SEPTEMBER 21, 2000 PAGE 2 D. Status of Consideration of Franchise Applications Received Linda reported that the public hearing was continued to September 25, 2000, to consider the applications for franchises from Wide Open West and Everest Corp. The council has to consider the technical, legal, and financial qualifications of the companies before making a decision regarding granting a franchise. The reports containing the information needed to make this decision are not yet complete so Linda stated that the hearing will be continued to the November 271h City Council Meeting. Steve explained that three sets of data requests were sent out to the companies. The legal qualifications have been reviewed. However, they are still working on the technical and financial information. The consultants working on this are still gathering information, and one of the companies is requiring them to travel to their corporate headquarters to obtain the information. The final data should be ready for the commission to review at the November 16th meeting so a recommendation can be made to the City Council for the November 27, 2000 meeting. E. Status of Franchise Fee Audit The audit is drawing to a conclusion. The accountant is in the process of preparing the report. Steve reported they do know that errors were made in Maplewood and a credit will be due. The accountant found a simple mistake on a calculation which may also affect other areas. We will need to see the report before knowing for sure how this will affect us. F. Other Old Business There was no other old business. NEW BUSINESS A. Receipt of 2nd Quarter Franchise Fee A copy of the 2na Quarter Franchise Fee payment in the amount of $31,909.50 was enclosed in the agenda packets. B Name Change to AT & T Broadband Due to the merger of MediaOne and AT & T, the company will now be known as AT & T Broadband. The name change took affect August 23, 2000. A copy of the notice, along with phone numbers and E-Mail addresses, was enclosed in the agenda packets. C. Other New Business * The commission members suggested putting our web site address on our stationery, newsletters, water bills, etc. *Since the fiber optic lines were installed, there is an excess amount of cable on the pole at 434 & Benjamin St. that should be checked on. REPORTS A. Report of Commissioners Educational-Nothing to report Government-Local election results were put on Channel 16 the evening of the primary. A local girl scout troop came and observed the process for their government badge they are working on. The girls were very interested in the election process, the tabulation process, and the cable/computer equipment used to air the results. Library-Nothing to report Public-Nothing to report TELECOMMUNICATIONS COMMISSION MINUTES OF SEPTEMBER 21, 2000 PAGE 3 D, Report of AT & T Broadband- Kathi reported that Kevin Griffin was promoted to Regional Vice President of Engineering and that the new General Manager is Jim Commers. Report of the Cable Attorney There was nothing further to report. Report of the Assistant to the City Manager Web Site Update- The goal of the site was to get on line and establish basic information. Some of the information provided in Phase I includes: City Ordinances, Pet Licensing, City Services, Commission and Boards, Community Events, Council Information, Election Information, Federal and State Officials, Frequently Asked Questions, History of the City, Job Opportunities, Park and Recreation, Property Taxes, Safety Programs, and School Information. Phase 2 has a projected completion date of December 31, 2000. The items to be added at this time will include: Link to the Chamber of Commerce, City Budget and Financial Reports, City Code, City Maps, Application form for Commission/Boards, Council Agendas and Minutes, City Newsletter, Link to School District #13, and Links to Government Representatives. Phase 3 has a projected completion date of 2002 and would include: City Code, Public Safety Statistics, Council minutes for a six month period, and other suggestions from citizens. Motion by Bob Buboltz , seconded by Reuben Ruen , to adjourn the meeting at 7:40 pm. All ayes. Respectfully submitted, , Shelley Hanson Secretary CITY O F CO L U M B IA H E IG HTS Ted Yehle Stephen Johnson 590 4.0TH AVEN U E N.E., COLUMB [A HEIGHTS, M N 55421-3878 (612) 782-2800 TDD 782-2806 Tammere Ericson PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES October 3, 2000 The October 3, 2000 Planning and Zoning Commission meeting was called to order at 7:00 p.m. by Chairperson Ramsdell. Members present were Ericson, Johnson, Yehle, and Ramsdell. Commissioner Hanson was not in attendance. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). MOTION-by Yehle, seconded by Johnson, to approve the minutes from the meeting of September 5, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS Public Hearing Conditional Use Permit Case #2000-1026 Frattalone's Ace Hardware 2261 N.E. 37th Place Columbia Heights, Mn. Mr. Johnson presented the request of Dan Terzich, Manager of Frattalone's Ace Hardware, for a Conditional Use Permit to allow the display and sales of holiday trees and wreaths in a portion of their parking lot at 2261 N.E. 37th Place from November 15 through December 31, 2000. He added that approximately seven (7) parking spaces would be eliminated during that time. He stated that the operation would be similar to the greenhouse sales that they conduct each spring and early summer as well as being in the same location. Mr. Johnson informed the Commission that the existing parking spaces exceed zoning requirements and will still meet the required parking while the temporary sales use in being conducted. He added that the use is consistent with the Zoning regulations of the City and the Retail Business District. Mr. Johnson noted that he had referred the proposal to the Fire Department and they did not express any concerns regarding the proposed use. He added that the applicant will be required to file an application with the City License Department for the applicable license pending approval of the Planning and Zoning Commission and City Council. A deposit of $500 will be required to be submitted to the License Clerk to assure that removal of all debri is completed by December 31, 2000. Chairperson Ramsdell opened the public hearing. He closed the public hearing as no one was present to speak to this case. Motion by Ericson, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit to allow the temporary display and sales of holiday trees/wreaths in the parking lot at 2261 N.E. 37th Place from November 15 through December 31, 2000 provided a deposit of 8500 be submitted to the License Clerk prior to PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 3, 2000 Page 2 placement of the display on the lot and that the required City license is obtained. Voice Vote: All Ayes. Carried. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF OCTOBER 9, 2000. Motion Staff Reports: A. Due to the next Planning and Zoning Commission meeting being scheduled on November 7, 2000 which is Election ~ay, it will be necessary that a new date be set for the meeting. Open dates are Wednesday, November and Tuesday November 14, 2000. It was the consensus of the Commission members that the meeting be held on Wednesday, November B, 2000 at 7:00 p.m. in the City Council Chambers. B. Draft Tower Ordinance Review. Steve Guzetta, attorney for the Cable Commission and author of the draft ordinance, was present to address any questions or concerns of the Commission. The major concerns were the maximum height allowed for towers/antennas, the aesthetics of the towers/antennas, the number of co-locators allowed on one tower/antenna. Discussion was held regarding the variance process outlined in the draft as the Commissioners felt that the hardship requirements necessary to grant a variance would not apply for a tower proposal. Mr. Guzetta stated that he would check with other cities regarding height restrictions in residential areas as well as make the amendments to the areas discussed and have a finished document for the Commission to review at the November meeting. Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:15 p.m. Voice Vote: All Ayes. Motion passed. Respectfully su itted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp