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Home My WebLink AboutDecember 11, 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 are: Main Number (763) 706-3600; TDD (763) 706-3692 ADMINI$ TRA TION December 8, 2000 Mayor Gary L. Peterson Councilmembers John Hunter DonaM G. Jolly Marlaine Szurek Julienne Wyckoff 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, December 11, 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, accommodation 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 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CALL TO ORDER/ROLL CALL 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.) A, MOTION: Move to approve Consent Agenda items as follows: 1 ) Minutes for Approval a. MOTION: Move to approve the minutes of the November 27, 2000, Regular Council Meeting as presented. b. MOTION: Move to approve the minutes of the December 4, 2000 Truth in Taxation Meeting as presented. 2) Establish Work Session Meeting Dates for January, 2001 MOTION: Move to establish a Work Session meeting date of Tuesday, January 2, 2001 beginning at 7:00 p.m. 3) Authorize Payment of North Metro Mayors Association Membership Fee for 2001 MOTION: Move to authorize payment of the 2001 Annual Membership Fee to the North Metro Mayors Association in the amount of $8,762.00 4) Authorize Transfer of Funds from General Fund to Forfeiture Fund MOTION: Move to approve the transfer of $2,900 from the General Fund to the Police Department Forfeiture Fund; these funds to be used for DWI enforcement and/or training. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda December 11, 2000 Page 2 of 7 5) 6) 7) 8) 9) lo) Authorize Purchase of One Unmarked Downsized Vehicle for the Police Department MOTION: Move to authorize the purchase of one 2001 Ford Taurus unmarked mid-size vehicle from the State of Minnesota bid in the amount of $15,769.46 including tax, with funding to come from 431-42100-4150; and that the Mayor and City Manager are authorized to enter into a contract for same. Adopt Resolution No. 2000-80, being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates MOTION: Move to waive the reading of Resolution No. 2000-80, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-80, being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. Adopt Resolution No. 2000-79, being a resolution Designating Depositories for City funds of the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2000-79, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-79, being a resolution designating depositories for City funds of the City of Columbia Heights. Approve Designation of an Official City Newspaper for 2001 MOTION: Move to designate Focus News as the official City newspaper for 2001 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. Authorize an Agreement with the League of Minnesota Cities Insurance Trust for Worker's Compensation coverage MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with League of Minnesota Cities Insurance Trust for worker's compensation coverage based on their premium quotation of $120,930. Adopt Resolution No. 2000-95, being a resolution adopting a budget for the year 2001 and setting the total city levy collectable for the year 2001 and approving the HRA Levy of $94,752. MOTION: Move to waive the reading of Resolution No. 2000-95, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-95, being a resolution adopting a budget for the year 2001 and setting the total city levy collectable for the year 2001 in the amount of $3,625,552 and approving the HRA levy of $94,752. Approve Resolution No. 2000-91, being a resolution approving Appointment of Commissioners to the Housing and Redevelopmerit Authority in and for Columbia Heights MOTION: Move to waive the reading of Resolution No. 2000-91, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2000-91, being a resolution approving Appointment of Commissioners to the Housing and Redevelopment Authority in and for Columbia Heights. City Council Agenda December 11, 2000 Page 3 of 7 12) 13) 14) 16) Adopt Resolution No. 2000-87 being a resolution adopting 2001-2003 Salary and Fringe Benefit Adjustment for Non-Union Supervisory Employees MOTION: Move to waive the reading of Resolution No. 2000-87, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-87, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2001, 2002, and 2003. Adopt Resolution No. 2000-88 being a resolution adopting 2001-2003 Salary and Fringe Benefit Adjustment for Non-Union Essential and Confidential Employees MOTION: Move to waive the reading of Resolution No. 2000-88, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-88, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2001, 2002, and 2003. Adopt Resolution No. 2000-89 being a resolution adopting 2001-2003 Teamsters Labor Agreement - Police Officers MOTION: Move to waive the reading of Resolution No.2000-89, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-89, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320-Police Officers, effective January 1, 2001 -December 31, 2003. Adopt Resolution No. 2000-93, being a Resolution adopting a Revised Personnel Policy Manual MOTION: Move to waive the reading of Resolution No. 2000-93, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-93, being a resolution adopting a revised Personnel Policy Manual. Adopt Resolution No. 2000-94, being a Resolution adopting the IUOE Labor Agreement for 2001-2003 MOTION: Move to waive the reading of Resolution No. 2000-94, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-94, regarding the Labor Agreement between the City of Columbia Heights and the Intemational Union of Operating Engineers, Local 49, effective January 1, 2001 - December 31, 2003. City Council Agenda December 11, 2000 Page 4 of 7 17) is) 19) 20) 21) 22) 23) Adopt Resolution No. 2000-90, adopting the 2000-2001 Snow and Ice Control Policy for the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2000-90, there being ample copies available to the public. MOTON Move to approve and adopt Resolution No. 2000-90 adopting the 2000-2001 Snow and Ice Control Policy for the City of Columbia Heights. Approval of Purchase Agreement for Single Family Residential Property at 1307 42na Avenue MOTION: Move to authorize the Mayor and City Manager to execute the purchase agreement for the acquisition of 1307 42nd Avenue in the amotmt of $ 111,500 for flood mitigation purposes with funds from the City's Storm Water Utility and DNR Flood Mitigation Grant funds on a 50/50 cost share. Authorize Final Payment for 1999 Alley Construction MOTION: Move to accept the work for 1999 Alley Improvements, City Project 9902 and to authorize payment of $36,959.08 to Ron Kassa Consauction, Inc. of Elko, Minnesota. Approve renewal of Joint Powers Agreement and Values First/SACCC Coordinator Services MOTION: Move to approve the renewal of the Joint Powers Agreement with the Southern Anoka County Community Consortium and the payment of the annual fees for FY 2001 and 2002. Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 4421 5th Street NE MOTION: Move to establish a Hearing Date of December 27, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Steve Anderson at 4421 5th Street NE Adopt Resolution No. 2000-96, being a resolution declaring the Contents of the Building on the property located at XXXX North Upland Crest as Hazardous MOTION: Move to waive the reading of Resolution No. 2000-96, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-96, being a resolution directing the removal of hazardous conditions located at XXXX North Upland Crest N.E., to charge all costs in the form of a special assessment to the property in an amount not to exceed $15,000; and furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for December 11, 2000 City Council Agenda December 11, 2000 Page 5 of 7 24) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for December 11, 2000 and to deny the application by James Eng for a motor vehicle sales license at 5101 University Avenue as it would not be in compliance with zoning regulations. 25) Payment of Bills MOTION: Move to pay the bills as listed out of proper ~mds. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations Cs Introduction of New Employees Tina Foss - Park and Recreation Department D. Recognition s PUBLIC HEARINGS A. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4600 Polk Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Richard Lee regarding rental property at 4600 Polk Street in that the property is in compliance with the Residential Maintenance Code. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4023 6'h Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Ranae Novak regarding rental property at 4023 6th Street in that the property is in compliance with the Residential Maintenance Code. C, Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1206-1208 Circle Terrace MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Susan Loewenthal regarding property at 1206-1208 Circle Terrace in that the property is in compliance with the Residential Maintenance Code. Rental Housing Revocation for 4055-4057 University Avenue MOTION: Move to close the public hearing. MOTION: Move to waive the reading of Resolution No.2000-98, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-98, being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code Section 5A.408( 1 ) of the Rental License held by Kwei Fang regarding property at 4055-4057 University Avenue. City Council Agenda December 11, 2000 Page 6 of 7 Second Reading of Ordinance No. 1424, Being an Ordinance Regulating the Zoning of Wireless Communications Towers and Wireless Communications Facilities (Tower Siting Ordinance) MOTION: Move to waive the reading of Ordinance No. 1424, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1424, Columbia Heights Tower Siting Ordinance, an Ordinance of the City Council of the City of Columbia Heights, Minnesota, regulating the zoning of wireless communication towers and wireless communications facilities; providing intent and definitions; providing minimum standards for location, visual impact and approval of wireless communications towers; providing minimum standards for the location, visual impact and approval of wireless communications antennas and facilities; providing for shared use of wireless communications towers; providing for inspections; providing for conflict; providing for severability; providing for inclusion in the city code; providing for an effective date. Reconvene Public Heating to Approve Modified Redevelopment Plan for CBD Redevelopment Project and TIF Plan for TIF District (Redevelopment) No. 9. MOTION: Move to waive the reading of Resolution No. 2000-67, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-67, being a Resolution Approving a Modified Redevelopment Plan for the Central Business District Redevelopment Project and a Tax Increment Financing Plan for Tax Increment Financing District (Redevelopment) No. 9. (Transition Block Redevelopment Project - Crest View/Real Estate Equities) 7. ITEMS FOR CONSIDERATION A, Other Ordinances and Resolutions 1. Adopt Resolution 2000-97, Being a Resolution Approving Contract for Private Development and Associated Agreements between the Columbia Heights Economic Development Authority and Columbia Heights Transition Block, LLC. MOTION: Move to waive the reading of Resolution No. 2000-97, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-97, being a Resolution approving Agreements Relating to a Proposed Development in Tax Increment Financing District No. 9 with the City (Transition block-Crest View/Real Estate Equities). B. Bid Considerations C. Other Business ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attomey City Council Agenda December 11, 2000 Page 7 of 7 GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1 ) Meeting of the November 29, 2000 Park and Recreation Commission 10. CITIZENS FORUM (At this time, citizens have an oppommity 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, ~ity Manag~ WF/pm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 27, 2000 The following is. the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 27, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, November 27, 2000 in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights, Minnesota. Present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter, and Mayor Peterson 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 by Wyckoff, second by Szurek, to approve Consent Agenda items as follows: 1 ) Minutes for Approval MOTION: Move to approve the minutes of the November 13, 2000, Regular City Council Meeting, and the November 20, 2000 Special Assessment Levy Heating, as presented. 2) Establish Work Session Meeting Dates for December, 2000 MOTION: Move to establish Work Session meeting dates for Monday, December 4, 2000 following the Troth In Taxation Meeting, and Monday, December 18, 2000 beginning at 7:00 p.m. and a Budget Heating meeting for Tuesday, November 28, 2000, at 7:00 p.m. 3) Authorize Clarification Revisions to Letter of Agreement for Legal Services Regarding Cable and Telecommunications MOTION: Authorize the Mayor and the City Manager to enter into a Letter of Agreement with Creighton, Bradley, and Guzzetta for legal services provided for cable and telecommunications matters. l, Falt Fehst, City Manager, indicated our Cable and Telecommunications Attorney left the previous ~rm to establish a new firm, and this re-establishes the Letter of Agreement under the new name. City Council Minutes November 27, 2000 Page 2 of 20 4) Adopt Resolution 2000-84, Being a Resolution Regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2001 - December 31, 2003 RESOLUTION 2000-84 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 27th day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-84, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-84, Regarding the Memorandum of Under- standing between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2001 -December 31, 2003. 5) Adopt Resolution 2000-83, Being a Resolution Regarding the Labor A~reement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2001 -December 31, 2003 City Council Minutes November 27, 2000 Page 3 of 20 RESOLUTION 2000-83 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA I-IEIGI'ITS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Fire fighters of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 27th day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-83, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-83, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2001 - December 31, 2003. Fehst stated both labor agreements are three-year agreements, with a 3.5 percent cost of living increase each year, and health insurance increases which fall into Council guidelines. 6) Authorize the Assistant Fire Chief to Attend the National Fire Academy MOTION: Move to authorize the Assistant Fire Chief to attend the National Fire Academy in Emmitsburg, Maryland from January 8, 2001, to January 19, 2001 and that expenses be reimbursed from the appropriate account. 7) Approve payment of Stipends for Participating Student & Teacher from 2000 School Based Partnership Grant MOTION: Move to approve the payment of the stipends for work performed by a student representative and a school representative to the Columbia Heights School District in the total amount of $6,502.06. These payments are to be made in two equal City Council Minutes November 27, 2000 Page 4 of 20 payments of $3,251.03 on the following dates: December 1, 2000, and June 6, 2001, with funding for this expense to come from the 1999 School Based Partnership Grant Fund No. 279-42100-3050. Fehst stated these two people will assist the Resources/Crime Analyst and are under the direction of Officer Mike McGee. 8) Authorize to accept Juvenile Accountability Block Grant from State MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant in the amount of $9,874 with a match of $1,097, with the match to come from unexpended ~mds in the 2000 Police Department budget. Fehst stated some of these funds are for Project Safety Net, a program for youth curfew violators. This grant is ongoing for the last 5 or 6years. 9) Approve changes in Joint Law Enforcement Council - Joint Powers Agreement MOTION: Move to approve the attached addendum to the Joint Law Enforcement Council, Joint Powers Agreement, which will allow for the inclusion of the cities of Centerville and St. Francis and allow for county representation through two representatives appointed by the Sheriff and two County Commissioners. 10) Approve Extension of GIS Ranl~e Rider Contract MOTION: Move to approve an extension to the GIS Joint Powers Agreement; and, authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated this includes maps often seen by Council Map information is input by hand, one property at a time. We share a one-third of the cost with two other municipalities. 11) Authorize Final Payment for MSC concrete Floor Repair and Coating MOTION: Move to accept the work for MSC Concrete Floor Repairs and Coating, City Project #0016 and to authorize payment of $1,249.00 to TMI Coatings Inc. of St. Paul, Minnesota. 12) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 4023 6th Street, 4055-4057 University Avenue, 1206-1208 Circle Terrace, and 4600 Polk Street. MOTION: Move to establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Renae Novak at 4023 6th Street. MOTION: Move to Establish a Heating Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Kwei Fang at 4055-4057 University Avenue. MOTION: Move to Establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Jacobs-Susan Loewenthal at 1206-1208 Circle Terrace. City Council Minutes November 27, 2000 Page 5 of 20 MOTION: Move to Establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Lee at 4600 Polk Street. 13) Approve Replacement of Unit #17, 1985 Ford C700 Water Flush Truck MOTION: Move to authorize staff to seek bids for one (1) new Cab-over Cargo Chassis and reconditioning of the existing water tank and flushing system. The estimated cost of $55,000 would be appropriated from Capital Equipment Replacement Fund #431-43121-5150. 14) Authorization to proceed with Purchase Agreements for 4542 Washington Street and 1307 42"a Avenue as Recommended in the 1999 Storm Water Study MOTION: Move to authorize for Purchase Offers to be made for the Fair Market Value for 4542 Washington Street and 1307 47a Avenue NE as recommended by Wilson Development Services. Offers are being made on state and federal laws requiring fair market value at volunteer sale. We would remove homes and make storm water holding area. 15) Adopt Resolution 2000-85, for 2001 Seasonal and Temporary Wage Adiustments RESOLUTION 2000-85 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE PATROL OFFICER WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and bike patrol officer, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FLIRTHER RESOLVED that such schedules be effective January 1, 2001. Passed this 27th day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-85, there being ample copies available to the public. City Council Minutes November 27, 2000 Page 6 of 20 MOTION: Move to adopt Resolution No. 2000-85, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2001. 16) Approve License Applications a. 2000 Business License b. 2001 Business License MOTION: Move to approve the items as listed on the business license agenda for November 27, 2000. 17) Adopt Resolution 2000-86, being a Resolution to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City RESOLUTION NO. 2000-86 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Intemal Revenue Service has promulgated Treasury Regulations, Section 1.150-2, providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, an approximately 50-unit senior rental housing facility (the "Facility') has been proposed to be constructed by Crest View, Crest View ONDC I, or a related entity (the "Borrower'); and WHEREAS, provided that nothing herein shall bind or limit the discretion of the City with regard to the Facility or the bonds that the City may issue in connection therewith, the City of Columbia Heights (the "City') believes that the Facility, and the issuance of tax-exempt bonds to assist in financing the Facility, will be in the best interest of and advance the health, safety, and general welfare of the City and its residents; and WHEREAS, the City and the Borrower expect to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of issuance of tax-exempt bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, AS FOLLOWS: 1. The City reasonably intends to make expenditures for the project described in Exhibit A (the "Project") and reasonably expects the expenditures by the Borrower for the Project, and reasonably intends to reimburse itself and the Borrower for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Manager is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the City Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section 3. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treasury Regulations, Section 1.150-2 and any successor law, regulation, or ruling. Approved this 271h day of November, 2000. City Council Minutes November 27, 2000 Page 7 of 20 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION: Move to Adopt Resolution 2000-86, Being a Resolution Declaring the Official Intent of the City of Columbia Heights, Minnesota to Reimburse Certain Expenditures From the Proceeds of Bonds to be issued by the City. Fehst stated this is based on legal review for "if and when" bonds are soM for the NEI Transition Block project, and wouM not come out of current expenditures. Payment of Bills MOTION: Move to pay the bills as listed out of proper ~mds. Hunter questioned work on the Public Works building floor. Kevin Hansen, Public Works Director, stated the contractor would scuff the floor to eliminate the slippery problem. Wyckoff questioned #17, Proceeds of Bonds, if this obligates the City to anything. Fehst stated it does not. Bruce Nawrocki, 1255 Polk Place, asked the possible expenses covered by the bond sale, and how much it is anticipated to be. Ken Anderson, Community Development Director, stated the amount will not exceed $6 million and is only for senior housing. These are 501C3 bonds, which serve as conduit funding at no cost to the city, and are the responsibility of the developer. Fehst stated that all legal review is paid by the developer and the city will retain a percentage of the outstanding principal, with an estimated net profit of $60, 000. All ayes. Motion carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations C, Introduction of New Employees Tina Foss, Clerk-Typist II - Recreation Department, was unable to attend. Brian Hachey, Assistant Liquor Operations Manager, introduced himself and thanked Council for this opportunity. D. Recognition PUBLIC HEARINGS A. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4546 Tyler City Council Minutes November 27, 2000 Page 8 of 20 Street NE. Mayor Peterson closed the Public Hearing, as the property is in compliance with the Residential Maintenance Code. B, Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1224-1226 Circle Terrace NE. Mayor Peterson closed the Public Hearing, as the property is in compliance with the Residential Maintenance Code. Paul Stein, 1226 Circle Terrace expressed concerns for maintenance code violations that are not corrected. Jolly asked him to bring this to the attention of the Fire Department personnel. Jim Hoe~, City Attorney, stated these are new issues coming forward and do not need to be addressed at this meeting. Consideration of Franchise Application Linda Magee, Assistant to the City Manager stated that on October 30 she received a request from Wide Open West to put their application on hold. The Telecommunications Commission reviewed and passed the request from Everest Connections. She asked Council to close the public hearing, place the application of Wide Open West on hoM until they ask for their request to be readdressed, and find that Everest Connection Corporation is legally, technically, and financially qualified to construct and provide cable service to the City of Columbia Heights. Steve Guzzetta, Attorney, was present to answer questions. MOTION by Hunter, second by Jolly, to close the Public Heating to consider the franchise applications of Wide Open West and Everest Connections Corporation. All ayes. Motion carried. MOTION by Hunter, second by Jolly, to place the franchise application of Wide Open West on temporary hold and to make no findings as to their legal, technical, and financial qualifications. All ayes. Motion carried. MOTION by Jolly, second by Szurek, to find that Everest Connections Corporation is legally, technically, and financially qualified to construct a cable system and provide cable service within the territorial limits of the City, and to direct staff and Creighton, Bradley, and Guzzetta to proceed with negotiations of a cable franchise. All ayes. Motion carried. Approve Resolution No. 2000-82, being a Resolution Establishing Restrictive Accounts for Excess Fire Pension Residual Assets and Adopting a Plan for the Expenditure of Such Assets MOTION by Jolly, second by Szurek, to waive the reading of Resolution No. 2000-82, there being ample copies available to the public. All ayes. Motion carried. MOTION by Jolly, second by Szarek, to adopt Resolution #2000-82, a resolution establishing restrictive accounts for excess fire pension residual assets and adopting a plan for the expenditure of such assets; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for purchase of a 2001 Ford Expedition, under State Consortium Bid, City Council Minutes November 27, 2000 Page 9 of 20 for a total of $46,254.01, plus any applicable tax and license fees, from North Central Ambulance Sales and Service of Lester Prairie, Minnesota. Charles Thompson, Fire Chief, stated that in 1999, Chapter 22 of the Omnibus Retirement Bill, entitled the Fire Department to residual funds of approximately $678,959, with requirements to hold a public hearing and to adopt a plan for the funds. $46,254.01, plus tax and license fees were earmarked to purchase a SUE which was removed from the 2001 budget. The remaining fund will be placed in the capital outlay fund for major equipment, and building improvements. Bruce Nawrocki felt some of these funds should be used to reduce property tax, and toward the general fund for Fire operations. Thompson stated PERA gave specific examples for uses and did not include operating budgets. All ayes. Motion carried. RESOLUTION 2000-82 BEING A RESOLUTION ESTABLISHING RESTRICTIVE ACCOUNTS FOR EXCESS FIRE PENSION RESIDUAL ASSETS AND ADOPTING A PLAN FOR THE EXPENDITURE OF SUCH ASSETS WHEREAS, Minnesota Law 1999 Chapter 22, titled Omnibus Retirement Bill, has made substantial changes to public employee pensions in Minnesota, including the total merger of Columbia Heights Fire Pension Plan; and WHEREAS, one of these changes permits the return of the excess funding from the fire consolidation account to the local jurisdiction; and WHEREAS, the portion of excess ~mding available for retum to the City of Columbia Heights is approximately $678,958, WHEREAS, the City of Columbia Heights has held an advertised public hearing on November 27, 2000, at which public hearing the proposed use of the fire residual assets were discussed and a spending plan approved. NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights, Minnesota, adopts the following plan for the receipt and use of these excess fund assets. 1. The excess funds may be used to assist the Fire Department in the funding of the Fire Capital Outlay fund. 2. The excess funds may also be used to assist the Fire Department in ~mding the Purchase of a new SUV. Dated this 27th Day of November, 2000 Offered by: Jolly Second by: Szurek Roll Call: All ayes City Council Minutes November 27, 2000 Page 10 of 20 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk E, Federal Law Enforcement Block Grant for Equipment Purchase MOTION by Szurek, second Jolly, to waive the reading of Resolution No. 2000-81, there being ample copies available to the public. All ayes. Motion carried. MOTION by Szurek, second by Jolly, to adopt Resolution 2000-81, being a Resolution to Accept the U.S. Department of justice Law Enforcement a Block Grant for $21,578 with a local match of $2,398, and approve the list of equipment to purchase with this grant. Tom Johnson, Po~ce Chief, stated this block grant was accepted, with a local match to come from unexpended 2000funds. A committee reviewed the list of items to purchase with the grant. Johnson read the list: gooseneck lights, 4 - 35ram cameras, storage units for the investigation area, two sets of MP5 night sights, shelving for range room, computer software for bar coding evidence, speed trailer, and CHPD hook up from laptops to mainframe. All ayes. Motion carried. RESOLUTION NO. 2000-81 BEING A RESOLUTION ACCEPTING LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATIONS MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $21,578 in an equipment block grant from the U.S. Department of justice for the purpose of ~mding equipment, and WHEREAS, a condition of the grant is that the City provides $2,398 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation of funding this grant, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled "Local Law Enforcement Equipment Block Grant Program: for the period October 1, 1999, to September 30, 2001". , That $2,398 be appropriated from unexpended ~mds in the Police Department 2000 budget to pay the local match. Passed this 27th day of November, 2000 Offered by: Szurek Seconded by: Jolly Roll call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes November 27, 2000 Page 11 of 20 Emergency Ordinance No. 1427, being an Ordinance for an Extension of the Moratorium on the Placement, Construction, and Modification of Towers and Wireless Telecommunications Facilities from December 7, 2000 to March 30, 2001 MOTION by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1427, there being ample copies available to the public. All ayes, carried. MOTION Wyckoff, second by Szurek, to approve Emergency Ordinance 1427, being an Emergency Ordinance of the Columbia Heights City Council for extension of the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights from December 7, 2000 to March 30, 2001. Peterson stated this Ordinance would be in place until the tower ordinance was approved. All ayes. Motion carried. EMERGENCY ORDINANCE 1427 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR AN EXTENSION OF THE MORATORIUM ON THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE CITY OF COLUMBIA HEIGHTS FROM DECEMBER 7, 2000 TO MARCH 30, 2001. The City of Columbia Heights does Ordain: Section 1: WHEREAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P .L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and WHEREAS; the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WHEREAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility structures; and, WHEREAS, the City Council determines it is necessary to complete further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City as identified within the proposed Tower Siting Ordinance, Ordinance Number 1427. Section 2: NOW, THEREFORE BE IT ORDAINED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes an extension to the moratorium on City Council Minutes November 27, 2000 Page 12 of 20 the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective December 7, 2000 through and including March 30, 2001 and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this Ordinance. Section 3: This Ordinance shall be in full force and effect from and after December 7, 2000 and extending through and including March 30, 2001 or the effective date of the Tower Siting Ordinance, whichever occurs first. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Pah'icia Muscovitz, Deputy City Clerk Reconvene First Reading of Ordinance No. 1424, being an Ordinance Regulating the Zoning of Wireless Communications Towers and Wireless Communications Facilities (Tower Siting Ordinance) Peterson stated this item was previously tabled until more information could be received. Ken Henke, Telecommunication Commission, stated he met and discussed his questions with the attorney, and they were answered satisfactorily. He also asked if an owner of an existing tower increased the single capacity to co-users, would they be required to meet height and lot set-bach. Attorney Stephen Guzzetta stated the owner would have to go through the application process and meet all guidelines for the new request. Regarding noise levels, Henke's research indicated the generator noise level would be comparable to that of an office setting. l~yckoff questioned fees. Guzzetta indicated the ordinance allows Council to set these fees. Anderson indicated there was amended language to the FCC admission standards to be included the ordinance. Guzzetta stated the portion on annual testing was deleted as this is covered by the FCC. MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1424, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Szurek, to establish Monday, December 11, 2000, at approximately 7:00 p.m. as the second reading of Ordinance 1424, Columbia Heights Tower Siting Ordinance. All ayes. Motion carried. Second Reading of Ordinance No. 1425, Being an Ordinance amending Ordinance No. 853 City Code of 1977, vacating Certain Alleys and Easements within the NEI Transition Block MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1425, there being ample copies available to the public. All ayes. Motion carried. City Council Minutes November 27, 2000 Page 13 of 20 MOTION by Szurek, second by Wyekoff, to Approve Ordinance 1425, which is an Ordinance vacating certain alleys and easements for Northwest Addition, as the proposal is in compliance with the City Subdivision Requirements. Anderson displayed a copy of the ~nal plat for the northwest addition, the proposed alley vacations and redirections, and easement vacations and rededication. There will not be changes to any private utility easements. He recommended approval as proposed. Szurek stated the Planning and Zoning Commission had concerns regarding the alley curves being big enough for large trucks to maneuver. Anderson stated this is contingent upon the City Engineer's approval and may be modified. Jolly questioned fire truck access. Anderson stated our Fire Department has approved this plan. Anderson stated Outlot D snow removal is the responsibility of our Public Works Department. Bruce NawrocM reemphasieds the merits of a Senior Assisted Living facility but felt the 22 affordable housing units were too much development in such limited space. There will not be adequate room for the children to play. There would not be enough parking for two vehicles per household, not considering recreational vehicles or guests. He referred to a letter from the Chief of Police regarding his concern for such high-density areas. Nawrocki referred to homes in this area having problems with sewer backups and felt the project shouM not go forward until these problems are solved. Also there will be no additional tax revenue from this area for 20 years because of TIF district. Nawrocki stated NEI shouM not be allowed exclusive rights to 44 street parking spaces, as they are non-profit and do not contribute taxes for maintenance. He felt the PUD agreement has a clause showing liability for the city to be sued for anything the developer feels the city has not complied with, and the developer has set up an entity to limit their liability. He suggested starting over and concentrating on the Senior Assisted Living units. He stated the City shouM work with Crest View Corporaton to give priority to Columbia Heights residents, to free up housing units to be available in the community for affordable housing. Hoefi recommended a friendly amendment to the motion stating.' as the proposal is in compliance with the City subdivision and Engineering requirements and subject to the following conditions: 1) Recording of the approved final plat, 2) Approval of Rezoning from R-2 and CBD to R-4, multiple family district for the subject properties, and 3) Approval of the final planned unit development conditional use permit and agreement. The maker and second to the motion were agreeable to the friendly amendment. All ayes. Motion carried. ORDINANCE NO. 1425 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING CERTAIN ALLEYS AND EASEMENTS The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alleys over, across, and under the following described property, to wit: City Council Minutes November 27, 2000 Page 14 of 20 All of the alley adjacent to Lots 1 and 2, Block 38, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the westerly extensions of the north line of said Lot 1 and the south line of said Lot 2; All of the alley adjacent to Lots 29 and 30, Block 39, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the castefly extensions of the north line of said Lot 30 and the south line of said Lot 29. All of the drainage and utility easements on Lot 1, Block 2, NORTHWESTERN ADDITION as dedicated in said plat. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: November 13, 2000 November 27, 2000 November 27, 2000 Offered By: Szurek Seconded By: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Approval of Second Reading of Ordinances No. 1411 and No. 1423, Being an Ordinance Rezoning the properties at 825 41st Avenue, 4150 Central Avenue, 4156 Central Avenue, and 4157 Jackson Street from R-2 and CBD to R-4 Fehst suggested having a redevelopment agreement in hand before rezoning property. Hoe~ stated the rezoning couM be made contingent on approval of the Developers Agreement. Fehst discussed affordable versus market rate housing. He does not like to restricting parking, but felt this was necessary to negotiate the project, and stated NEI already uses this area for parking. Keith Jan& Real Estate Equities stated any delays wouM cause difficulties for the project. Fehst stated the redevelopment agreement would be discussed on December 11'h by the EDA. Anderson stated the basic structure of the development agreement and the TIF plan are in place, with some final details to be completed. Hoe~ commented that if the property was rezoned and the project did not go forward, the area could be rezoned back to the original zoning. Any Councilmember voting affirmative can recall this Ordinance in the 30 days before it takes affect. Anderson stated that the Comprehensive Plan indicates this type of area should be medium density, as it is a transition area between low-density residential and high-density commercial. City Council Minutes November 27, 2000 Page 15 of 20 MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1423, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Szurek, to Approve Ordinance No. 1423, which is an Ordinance rezoning 4157 Jackson Street from R-2 (single and two-family residential) to R-4, (multiple family residential), as the rezoning is consistent with the City Comprehensive Plan. David Toms, 4045 Van Buren Street, suggested if there are plans to redo the area of 40th and Central that the City begin to purchase property including areas for additional parking. Fehst stated this was only a beginning plan, subject to much change depending on funds and more extensive planning. All ayes. Motion carried. ORDINANCE NO. 1423 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lots 29 and 30, Block 39, Columbia Heights Annex to Minneapolis Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: November 13, 2000 November 27, 2000 November 27, 2000 Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1411, there being ample copies available to the public. All ayes. Motion carried. MOTION by Szurek, second by Jolly, to approve Ordinance #1411, which is an ordinance rezoning 825 41st Avenue from R-2 (single and two-family residential) to R-4 (multi-family residential), and rezoning of4150 Central Avenue NE, and 4156 Central Avenue NE from CBD (Central Business District) to R-4 (multi-family residential), as the rezoning is consistent with the City Comprehensive Plan. All ayes. Motion carried. City Council Minutes November 27, 2000 Page 16 of 20 ORDINANCE NO. 1411 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: That certain property legally described as Lot 2 and the south 11 feet of Lot 1, Block 38, Columbia Heights Annex to Minneapolis. Section 4: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 5: That certain property legally described as Lot 2, except the south 11 feet, Block 38, Columbia Heights Annex to Minneapolis. Section 6: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 7: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: June 26, 2000 November 27, 2000 November 27, 2000 Offered by: Szurek Seconded by: Jolly Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk J, Second Reading of Ordinance No. 1426, Being an Ordinance desil~ating Permit Parking Only on 41 st Avenue NE eq.E.I. College of Technology) MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1426, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Szurek, to Approve Ordinance No. 1426, Being an Ordinance designating permit parking from 7:00 a.m. to 3:00 p.m., Monday through Friday, except holidays, on the north side of 41 st Avenue from Qnincy Street to the alley west of Central City Council Minutes November 27, 2000 Page 17 of 20 Avenue and on the south side of 41st Avenue from Jackson Street to the alley west of Central Avenue and on the east side of Jackson Street south of 42na Avenue N.E. lrFyckoff indicated she would not vote to approve this permit parking. She wants the project to go through, but felt it will be too dense and wants it toned down. She felt policing these permits would be a problem. Chief Johnson indicated problems would be addressed by complaint. He stated the Police Department does not want to be involved in the issuance of these permits. Anderson stated NEI already issues parking stickers and would be able to issue the street parking permits. The permits would be for 11 spaces on Jackson Street, and 33 spaces on 41st Street, only between the hours of 7 am and 3 pm. The proposed PUD would be modified to reflect this. The permit process would be reviewed by the Police Department prior to the initial issuance. Chuck Dettmann, President of NEI College of Technology, was concerned that any vehicle ticketed be dealt with immediately. Hoe~ stated the Police Department would only monitor this site as they do any other area of the City. Chief Johnson indicated State Statutes prohibit towing if parked under a specific number of hours. Discussion included the current number of students and future plans. Szurek addressed problem of students parking on other residential streets, and fitter problems. She stated that if their parking lot was fully utilized and the student population raised she would be willing to re-address this issue. Joyce Shelfito, felt there would be insufficientparking for the assisted senior living. She questioned the entrances and exits. Jans gave a history on the parking issue. He indicated three open parking spaces have been designated next to Central Avenue for commercial parking. Upon Roll Ca!l: Szurek - nay, Jolly - aye, Wyckoff- nay, Hunter - aye, Peterson - aye. Motion carried. ORDINANCE 1426 BEING AN ORDINANCE DESIGNATING PERMIT PARKING ONLY FROM 7:00 A.M. TO 3:00 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS ON 41s~' AVENUE N.E. AND JACKSON STREET N.E. ADJACENT TO 825 41sx AVENUE N.E. (N.E.I. COLLEGE OF TECHNOLOGY). The City of Columbia Heights does ordain: Section 1: Parking shall be designated by permit parking only, 7:00 A.M. to 3:00 P.M., Monday through Friday, except holidays, on the north side of 41st Avenue N.E. from Quincy Street N.E. to the alley west of Central Avenue N.E. consisting of eighteen (18) parallel parking spaces, on the south side of 41st Avenue N.E. from Jackson Street N.E. to the alley west of Central Avenue N.E. consisting of fifteen (15) parallel City Council Minutes November 27, 2000 Page 18 of 20 parking spaces, and on the east side of Jackson Street N.E. (11) parking spaces. south of 42na Avenue N.E. consisting of eleven Section 2: The provisions of the Columbia Heights City Code, Section 7.205 (1) which reads "No person shall park a vehicle in his custody or control in any one place upon any street or roadway for a continuous period longer than six (6) hours..." shall not be applicable during the hours of 7:00 A.M. to 3:00 P.M., Monday through Friday, except holidays, on the noah and south sides of 41 st Avenue N.E. between Quincy Street N.E. and the alley west of Central Avenue N.E. and the east side of Jackson Street N.E. south of 42nd Avenue N.E. 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: November 13, 2000 November 27, 2000 November 27, 2000 Offered by: Seconded by: Roll Call: Hunter Szurek Szurek - nay, Jolly - aye, Wyckoff- nay, Hunter - aye, Peterson - aye. Aye - 3, Nay - 2. Motion carried. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk , ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 1. Approval of Conditional Use Permit Case #2000-0408, Final Planned Unit Development for construction of a 50- unit senior assisted living building and 22 affordable rental townhome units. MOTION by Jolly, second by Szurek, to approve the Conditional Use Permit for the Final Planned Unit Development and accompanying PUD Agreement at 825 41 st Avenue NE, 4150 Central Avenue NE, 4157 Jackson Street NE, and 4156 Central Avenue NE, subject to the following conditions: 1. City Council adoption of Ordinances 1411 and 1423, rezoning the subject properties to R-4, Multiple Family Residential District. 2. City Council adoption of parking Ordinance #1426, to allow for 44 NEI only on-street Parking spaces. 3. Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier and guardrail shall be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building, as well as a fence erected along the alley abutting Outlot B for safety measures. 4. All engineered plans and specifications are subject to City Engineer review and approval. City Council Minutes November 27, 2000 Page 19 of 20 The turning radius at the comer of the 14 foot wide alley intersection with the 23 foot wide alley (Outlot D) is subject to City Engineer review and approval. Landscape materials and plant,rigs must be guaranteed to survive a minimum of two years. Replacement plantings to be installed at the sole expense of the developer in accordance with the approved landscaping plan. Successful negotiation and approval of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority/City of Columbia Heights. Anderson requested several additions to the recommended motion, at the request of the Planning and Zoning Commission: Item #6, Replacement plantings must be installed in a reasonable timeline at the sole expense of the developer in accordance with the approved landscaping plan. Item #8 Modification of the PUD Agreement amending Section 3B on page 10 to reflect that NEI and the City of Columbia Heights mutually accept a permit issuance system for on street parking submitted to the Police Department for administrative approval. Ron Clark, owner of the retail center that backs up to the alley, voiced his concern regarding delivery trucks and semi's being able to negotiate the turns in this alley. Hansen stated the City Engineer wouM review the alley turns. The alley turns accommodates a 40foot single axel truck. Clark suggested relocating two parMng spaces to redesign these turns. Hansen has asked the developer to redesign to alley turns to the standard for a 65foot trailer. Hoe~ responded to the resident comment that this agreement would protect the developer from any lawsuits while opening the City for litigation. He stated this portion of the agreement was deleted and clarified to indicate relief of the City could only be by writ of mandamus or injunction of mandamus Upon vote: Szurek - aye, Jolly - aye, Wyckoff- nay, Hunter - aye, Peterson - aye. Motion carried. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attomey , GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions l) 2) 3) 4) 5) 6) Meeting of the October 17, 2000, Economic Development Authority Meeting of the November 1, 2000, Library Board of Trustees Meeting of the November 6, 2000, Traffic Commission Meeting of the November 16, 2000 Telecommunications Commission Meeting of the November 8, 2000 Planning and Zoning Commission Meeting of the October 25, 2000 Park and Recreation Commission City Council Minutes November 27, 2000 Page 20 of 20 Peterson invited everyone to dedication of the new Habitat for Humanity home this Saturday, at 10:00 a.m., on 4th Street between 42~a and 43rd Avenue to welcome our new residents. 10. CITIZENS FORUM No comments were received. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:54 pm. Patricia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL TRUTH IN TAXATION HEARING DECEMBER 4, 2000 Call to Order - Roll Call Mayor Peterson called the Truth in Taxation Hearing meeting to order at 7:00 p.m. Members present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter, and Mayor Peterson Presentation of 2001 Budget and Tax Levy Information Walt Fehst, City Manager, indicated that State law requires residents to receive notice of an increase or decrease in property taxes due to the proposed budget. Residents were notified of the 10% City budget increase. He stated that the last three years the City has been required to stay within levy limits. The 1999 levy was 1.2 percent and the 2000 levy was 1.8 percent. The proposed budget reflects departmental increases of less than 1%. Fehst stated there has been a dramatic drawdown in the City' s fired balance to meet payroll and other expenses. He indicated that if levy limits had remained in place, the City would have had to consider cutbacks or lay- offs. Bill Elrite, Finance Director, presented the 2001 Proposed Budget. He stated that the Public Works and Police Departments account for 46% of this budget, and personnel costs account for 63% of services provided. Items covered in the power point presentation included: · major expenditure increase differences from 2000 to 2001 · breakdown of the proposed property tax levy over the last three years · changes in State Aid · breakdown of expenditures of the General Fund and Library Fund · changes in the tax levy · class rate structure for real property · breakdown of where taxes go (23% of total taxes imposed go to the City) · examples of the tax bill for a $94,000 home · comparisons of taxes on various different valued homes. · comparison of what tax increase amount could purchase Elrite explained Fiscal Disparities funds received and their benefit to our City. He indicated that during the State imposed levy limits of the last three years the City has existed on fired reserves. He explained how taxes are collected on specific types of property. Fehst indicated the proposed budget would be presented to the City Council for approval at the next regular meeting on Monday, December 11, 2000. He referenced the Citizen's League Annual Report, which is a metropolitan community comparison. The Councilmembers and the City Manager thanked staff for their efforts in the budget preparation. Hunter questioned the Columbia Heights survey. Fehst stated it should be presented at the December 27th City Council meeting. Wyckoff referred to $10,000 added back into the Park and Recreation budget for citizens who wish to do something for our parks and the City would provide matching funds. She was also glad to see the Community Service Officer position added back into the budget. Wyckoff questioned rebuilding the fund balance this year. Elrite stated this would begin the process. Wyckoff referred to budget ~mds available to publish City Council meeting minutes in the local newspaper. Szurek referred to the SUV cut from the Fire Department budget, and that they found other ~mds to make this purchase. She felt this purchase will work better, long term, instead of using the ambulance for things like inspections. MOTION by Jolly, second by Szurek, to schedule the date for the adoption of the city budget and tax levy for December 1 lth at approximately 7:00 p.m. in the City Council Chambers. All ayes. Motion Carried. Adjournment Mayor Peterson adjoumed the meeting at 7:35 p.m. Barb Goodwin, State Representative elect was present. The Mayor invited her to speak. She stated that she has asked citizens for their comments on property taxes. She stated she will be glad to work with the City Council and citizens of Columbia Heights. Pat~cia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: NO: /q-j, ).... ITEM: January 2001 Work Session Dates NO: ORIGINATING DEPARTMENT: CITY MANAGER BY Walt Fehst DATE: December 6, 2000 CITY MANAGERS APPROVAL Work Sessions dates: As Monday, January 1, and Monday, January 15, are holidays and City offices are closed, it is recommended that a Work Session for January, 2001 be scheduled for: 1. Tuesday, January 2, 2001 beginning at 7:00 p.m. An additional work session for January will be scheduled at the December 27, 2000 City Council meeting. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date of Tuesday, January 2, 2001 beginning at 7:00 p.m. COUNCIL ACTION: h: X2000-12-11 worksession dates COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: NO: ITEM: NORTH METRO MAYORS ASSOCIATION MEMBERSHIP FEE NO: ORIGINATING DEPARTMENT: CITY MANAGERS BY: W. Fehst DATE: CITY MANAGERS APPROVAL BY: 4/~ DATE: BACKGROUND: Attached is an invoice from the North Metro Mayors Association for the 2001 Annual Membership Fee. The amount is $8,762.00. This figure is in line with previous years. RECOMMENDED MOTION: Move to authorize payment of the 2001 Annual Membership Fee to the North Meti'o Mayors Association in the amount of $8,762.00. Attachment: COUNCIL ACTION: h: \ 00 - 12 - llnorthmetromayors NORTH HETRO. MAYORS ASSOC IATION ) BILL TO ~VValt Fehst ~City Manager )City of Columbia Heights 1590 40th Avenue N.E. Columbia Heights, MN 55421 Invoice DATE ~ INVOICE # 12/4/'00 99000165 i2001 DESCRIPTION North Metro Mayors Association Annual Membership Fee SUBTOTAL AMOUNT 8,762.00 8,762.00 Please remit payment to: North Metro Mayors Association Total $8,762.00 8525 ibmok Crossing, Suite #5, Brooklyn Park, MN 55443 TEt (763) 493-5115 A F~x(763) 424-1174 CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDASECTION: Consent c/' ~_~ NO. ITEM: Transfer of Funds from General Fund to NO: Forfeiture Fund ORIGINATING DEPARTMENT POLICE DATE: CITY MANAGI~R DA~E: ~ BACKGROUND On September 16, 2000, at the Hennepin County Auction several vehicles belonging to the City were auctioned off. Two of these vehicles were DWI forfeiture vehicles. The first vehicle was a 1988 Olds Delta 88 for which we received $1,400, and the second vehicle was a 1985 Chevrolet Caprice for which we received $1,500. ANALYSIS/CONCLUSION By State Statute money received from DWI forfeiture vehicles must be used for DWI enforcement or DWI training. Because of this, we are requesting that the Council move the $2,900 the City received for these from the General Fund to the Police Department' s Forfeiture Fund to be used for DWI enforcement and/or training. RECOMMENDED MOTION: Move to approve the transfer of $2,900 from the General Fund to the Police Department Forfeiture Fund; these funds to be used for DWI enforcement and/or training. TMJ:mld 00-261 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDA SECTION: Consent NO. tq -tq-,~ ITEM: Authorization to Purchase One Unmarked NO: Downsized Vehicle BACKGROUND ORIGINATING DEPARTMENT CITY MANAGER BDYA~FE: November 27 200~ DATE'//j ~ ~ ' . The State of Minnesota has awarded the contract for the delivery of mid-sized unmarked police vehicles for 2001. This award is to Superior Ford, Inc. of Plymouth, Minnesota. The base vehicle price listed in the award for the mid-sized sedan is $14,807. Included in this price is the 3.OL 2V. engine, air, cruise, tilt, cloth seats, engine block heater, power windows, defroster, and power locks. 2001 Ford Taurus LX, 4-door, base price: Plus 6.5% sales tax $14,807.00 962.46 $15,769.46 Grand Total $15,769.46 ANALYSIS/CONCLUSION The Police Department has reviewed both the Hermepin County bid and the State of Minnesota bid for police vehicles and has found that the costs are the same on both bids. It is our recommendation to the Council that a new mid-size administrative vehicle be purchased from the State of Minnesota bid, which has been awarded to Superior Ford of Plymouth, Minnesota. RECOMMENDED MOTION: Move to authorize the purchase of one 2001 Ford Taurus unmarked mid-size vehicle from the State of Minnesota bid in the amount ors 15,769.46 including tax, with funding to come from 431-42100-4150; and that the Mayor and City Manager are authorized to enter into a contract for same. TMJ:mld 00-271 COUNCIL ACTION: NOU-Z'?'-2E)E~ 1 ../: 4'7 FIk:'Oil TO ' U i T0~:A~ FLEET.& GOVERNMENT SALES DEPARTMENT #.OF PAGES SENT / 9700 56TH AVE. NO. PLYMOUTH, IqN 55442 P!IONE 612-559-911 t FAX 612-519-6336 P.01 DATE_ FAX COI, OR-EXT TRADE ALLOWANCE - UNIT/ YR HAKE/NODEL VIN MILEAGE THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS QUOTATION. P~,EASE CALL IF YOU HAVE ANY QUESTIONS. nnm .~;TIJA~T OR CAROl. HENDRICKSON. FLEET I~tANAGERS TOTAL TOTAL NET SALES TAX & LIC[N~ CITY COUNCIL LETTER AGENDA SECTION: NO: - A- ITEM: RESOLUTION INCREASING INCOME GUIDELINES NO: MEETING OF: DECEMBER 11, 2000 ORIGINATING DEPT: FINANCE BY: ROXANE SMITH DATE: NOVEMBER 13, 2000 CITY MANAGER APPROVAL BY: ~,a~d} Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 2000 maximum income eligibility level was set at $17,700. Attached is a resolution establishing the year 2001 maximum income eligibility level at $17,900 to receive reduced senior citizen rates in the year 2001. This amount was computed utilizing the same formula that has been used in prior years. The formula used is the maximum Social Security benefits for an individual 65 years old, plus 4% rounded to the next even $100 increment. For the year 2001, the maximum Social Security level for a 65 year old individual is $17,196. The 4% adjustment to this figure in the City's eligibility level allows for $704 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2000-80 being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. RS:SFflS 0011132COUNCIL COUNCIL ACTION: RESOLUTION NO. 2000-80 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $17,900 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2001. Passed this Offered by: Seconded by: Roll Call: day of ,2000 Patty Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor 0011132COUNCIL CITY COUNCIL LETTER AGENDA SECTION: NO: ITEM: NO: CONSENT DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF COLUMBIA HEIGHTS MEETING OF: DECEMBER 11,2000 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL Each year the Council passes a resolution designating depositories for City funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to City safe deposit boxes. It is staffs recommendation that the City Council adopt this resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-79 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-79, being a resolution designating depositories for City funds of the City of Columbia Heights. WE:sms ool 1131COUNCIL Attachment COUNCIL ACTION: RESOLUTION NO. 2000-79 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast State Bank and Wells Fargo Bank of Minnesota, N.A. are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast State Bank and Wells Fargo Bank of Minnesota, N.A. as designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast State Bank and Wells Fargo Bank of Minnesota, N.A. shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as goveming the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and continned. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Miunesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage finn located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Accounting Coordinator Passed this __day of ,2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: DESIGNATING AN OFFICIAL NEWSPAPER FOR 2001 NO: MEETING OF DECEMBER 11, 2000 ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL DATE: NOV. 20, 2000 Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published on a minimum of a weekly basis. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Focus News and the Star Tribune. Based on rates charged to commercial customers, the Focus News is the least expensive alternative. The Star Tribune's 2001 rate will be $3.13 per line. The following is a comparison of the 2000 rates to the 2001 rates for the Focus News: 2000 hte 2001 R~te One Column Width: Per line, first insertion Per line, subsequent insertion Two Column Width: Per line, first insertion Per line, subsequent insertion 0.95 0.99 0.53 0.55 1.90 1.98 1.06 1.10 The Focus newspaper has increased their rates for 2001. RECOMMENDED MOTION: Move to designate Focus News as the official City newspaper for 2001 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. WE:SIns 0011203COUNCIL Attachment COUNCIL ACTION: November 24, . :. Ms. Sue Schtnidfimuer City of Columbia Heights 590 40th Avenue, NE Columbia Heights, MN 55421 We would be pleased ff you would consider the Focus News as the City of Columbia Heights' official news- paper for the year 2001 at your City Council Meeting. We also want to thank the city for their patronage this past year and we look forward to the ftmm~. We value the city's legal business very much. We regret that we must apply a small increase this year to the cost of your legal publicaticos to acccinmcdate our constan~y rising paper and printing costs. The increase will be a minimum of 4% which calculates as follows: 1 column width: 2 column width: $0.99 per line - first insertion ($10.89 per col. in.) $0.55 per line - subsequent insertiota ($6.05 per col. in.) $1.96 per line - first insertion ($21.78 pe~r col. in.) $1.10 per line - subs~luent insertion ($12.10 per col. in.) Notarized affidavits will be provided for each of your publications. We endeavor to prim each legal accu- rately and to follow any written specifications you may have included with your legal. All publications should be received in our office by Friday at noon preceding our Thursday publications. As you know, we receive most of our legals by e-mail and it works beautifidly. These iwocaimes have made this year's legal ads error free which is what we all strive for with legal publications. In the event you would need to mail a legal, please direct your legal notices to Focus News, attention Howard Collins, Legal Publications, 3701 Reservoir Bird., Columbia Heights, MN 55421. We prefer legals not be faxed. If you have budget reports or anything done on a sinend sheet, we axe able to use e-mail for these as well; however, you would also need to send a hard copy through the mail so we can chw~ fractions and columns, etc. ff you have any questions or are in doubt on a specific legal, please give Linda or Howard a call at 763-706-08~. Our e-mail ackiress is: info~focusnews.com. Thank you for considering the Focus News as your official newspaper for the upcoming year. We are hon- ored and pleased to serve you and look forward to another year of working together with the City of Columbia Heights. Focus News 3701 ftllW #olr BIvlL, C431,k.jklr ll~l%ts. MNS6421 763-taB OlgO- FBx763-706..~891 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ~-A- ITEM: WORKERS' COMPENSATION INSURANCE NO: Meeting of: DECEMBER 11. 2000 BY: WILLIAM ELRITE DATE: Dec 6, 2000 CITY MANAGER APP OVAL B~ O D ' ~ In January of 1997 the City changed the worker' s compensation carrier from Berkley Risk Administrators under the League of Minnesota Cities Insurance Trust to St. Paul Companies. At that time the City made the change due to two primary reasons. The first reason being the service that was received from Berkley Administrators in adjusting worker' s compensation claims was very poor and often resulted in higher worker's compensation costs due to delays in processing claims and other complications that they did not handle in a satisfactory manner. The change of worker's compensation to St. Paul Companies four years ago resulted in a significant improvement in the overall handling of claims and maintaining lower worker's compensation costs. However, due to the fact that Berkley Risk Administrators operating under the League of Minnesota Cities has established a monopoly on municipal Worker's Compensation coverage in Minnesota, St. Paul Companies is no longer willing to write worker's compensation coverage for the few remaining cities that are not part of the Berkley system. Subsequently, after extensive research by our insurance agent, the only alternative left for the City for worker's compensation insurance is Berkley Risk Administrators. Our insurance agent was unable to find any other insurance companies that are writing municipal worker's compensation coverage in Minnesota. The other factor that has a significant impact on the City's worker's compensation is our experience modification ratio. An average experience modification ratio is 1. For several years the City's experience modification ratio was less than this, which resulted in a reduction of premium. Currently our experience modification factor is 1.36, which means our claims under worker's compensation are 36% higher than what is considered to be normal or average. This, in turn, increases our total worker's compensation premium by 36%. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with League of Minnesota Cities Insurance Trust for worker' s compensation coverage based on their premium quotation of $120,930. WE:SmS 0012064COUNCIL Attachment COUNCIL ACTION: Sdf-ksured Workers' Compensation Quotation 01/01/EO00 ~1/01/EO01 ESTIPI~TED DEF'DGZT CDD~ R~TE PAYRDLL F*REI, IIIJ~ 75~0 E. i!5 24e176. ~9. 7701 3.76 386335. i437~, ~ ~.65 ~ 71~, , ~, ~ e.eZ 14~. 40319, ~lO 0.~ 1~1. 91~ 2.~ ~. 94~0 1 ,~ ~7. ~491. Tbeforr;.,::,~Ja' ~i~i. fia'adepmitpmmima leOdm ymareslkumof~. pamiumwilllmcmmpmedikrn -.!kd~~todm elmeefyma, ae,_:~r.,t Wandwill PO k ~11~17 l~.mpdb, ~ ~4~1S17 CITY COUNCIL LETTER Council Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ~'/~t-f 0 ITEM: BEING A RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2001 AND SETTING THE TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVING THE HRA LEVY OF $94,752 ORIGINATING DEPT< BY: WILLIAM ELRITE DATE: DEC 6, 2000 CITY MANAGER APPROVAL On December 4, 2000 the City Council held the Truth in Taxation, budget/levy hearing. At that time it was announced that the proposed total levy for the City of Columbia Heights increased by $270,143. In addition to this, the EDA levy decreased by $1 and the Library increased by $47,523 for a total property tax increase of $317,665. This brings the proposed levy for 2001 to $3,625,552. Although on the surface this may appear to be a relatively significant increase, when you look at the City' s tax levy average over the past three years, this amounts to an average increase of only 4.4%. In addition to the tax levy increase, the City Manager reviewed various aspects of the 2001 budget and overall increases. It was noted that the General Fund in total increased by less than 1%. The City Manager also reviewed the report from the Citizen's League, which lists 109 municipalities. According to their information, out of the 109 municipalities, Columbia Heights ranks 107th in taxes on an average priced home in Columbia Heights. This means that there are only two communities in the metropolitan area that have a lower tax base on an average priced home than Columbia Heights. This is a very good statistic in looking at how our property taxes compare to other communities. At the hearing a list of the City Manager's cuts to the proposed budget and the City Council's proposed add-backs was handed out. The attached resolution does include the proposed add-backs that the council discussed. It should be noted that at the council meeting of December 11% further changes can be made with additions or deletions to the proposed attached resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-95 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2000~95 being a resolution adopting a budget for the year 2001 and setting the total city levy collectable for the year 2001 in the amount of $3,625,552 and approving the HRA levy of $94,752. WE:sms O012063COUNCIL Attachment COUNCIL ACTION: RESOLUTION 2000-95 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A BUDGET FOR THE YEAR 2001, AND SETrING THE TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2001 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Water Fund Debt Service Sewer Fund Debt Service Storm Sewer Fund Debt Service Debt Service Fund Total Expense Including Interfund Transfers Expense 8,037,279 307,762 119,045 249,011 349,552 161,445 16,250 106,752 68,764 192,399 597,234 8,825 2,066,300 215,594 494,393 1,286,219 1,433,109 1,258,725 1,491,610 324,853 274,732 96,910 3,677 84,914 2,129,220 21,374,574 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2001: General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Reve ~ u · 8,037,279 307.762 119 045 249 011 349.552 161 445 16.250 106 752 68,764 192,399 597,234 8,825 2,066,300 RESOLUTION 2000-95 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A BUDGET FOR THE YEAR 2001, AND SETTING THE TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752 Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Water Fund Debt Service Sewer Fund Debt Service Storm Sewer Fund Debt Service Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 215,594 494,393 1,286,219 1,433,109 1,258,725 1,491,610 324,853 274,732 96,910 3,677 84,914 2,129,220 21,374,574 Section C. The following sums of money are levied for the current year, collectable in 2001, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General and Library Fund Levy Estimated EDA Fund Levy Total Proposed Levy 930,000 2,576,257 119,295 3,625,552 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2001 in the amount of $94,752. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing was held on December 4th at 7:00 P.M. in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 11 th day of December 2000 Offered By: Seconded By: Roll Call: Patricia Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor G:BUDGET'~B2K1%RESOLUTIONTVVO COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: COnsent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ - A - kl Community Development APPROVAL Approving Appointments to the HRA. E: ISSUE STATEMENT: This is a request to approve the Mayor appointm lumbia Heights Housing and Redevelopment Authority. BACKGROUND/ANALYSIS: Pursuant to Section 469.003 subdivision 6, the Housing and Redevelopment Authority Commissioners shall be appointed by the Mayor, with the approval of the governing body. Resolution No. 2000-91 approves the Mayor' s appointment of the Councilmembers- elect Robert A. Willjams and Bruce Nawrocki and reappointment of Mayor Peterson to the HRA. Furthermore, Commissioners terms will coincide with their respective terms of office as elected officials. RECOMMENDATION: Move to approve the Mayor's appointments per his request in the attached letter dated December 1, 2000. RECOMMENDATED MOTION: Move to waive the reading of Resolution 2000-91, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Resolution No. 2000-91, Being a Resolution Approving Appointment of Commissioners to the Housing and Redevelopment Authority in and for Columbia Heights. Attachments COUNCIL ACTION: h:\CL consent\Resolution 2000-91 CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 ! -3878 (612) 782-2800 TDD 782-2806 PLEASE NOTE: CITY HALL PHONE NUMBERS HAVE CHANGED. NEW NUMBERS ARE: MAIN NUMBER (763)706-3600; TDD (763)706-3691 Mayor: Gary L. Peterson Councilmembers: Donald G. Jolly Marlaine Szurek Julienne Wyckoff John Hunter City Manager: Walter R. Fehst ADMINISTRATION December 1, 2000 Kenneth R. Anderson Community Development Director C/O Housing and Redevelopment Authority 590 40e Avenue N.E. Columbia Heights, MN 55421 RE: Appointment of liRA Commissioners Dear Ken: I am hereby writing to inform you of my decision to appoint Councilmembers-elect Robert A. Williams and Bruce Nawrocki to the vacant terms on the Housing and Redevelopment Authority in and for Columbia Heights expiring in January, 2001. Furthermore, I am also reappointing myself to the vacant term expiring in January, 2001. As you know, these appointments are subject to approval of the City Council, therefore, I am requesting you schedule the approval of these appointments for the City Council meeting scheduled on December 11, 2000. Thank you for your attention to this matter. Yours very truly)/L~c,., Gary L. Peterson Mayor 3: Walt Fehst, Executive Director Randy Schumacher, Community Development Assistant Patty Muscovitz, Deputy City Clerk BRA Commissioners file H:\HRA\Appointmen= of HRA2001 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITYEMPLOYER RESOLUTION NO. 2000-91 BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONERS TO THE COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the City has, by the adoption of a formal resolution, duly created an Housing and Redevelopmerit Authority (HRA) for the City of Columbia Heights, pursuant to Minnesota Statutes, Chapter 469 (Act), and WHEREAS, the resolution provides that the Board of Commissioners of the HRA shall consist of five members, who shall be residents of the area of operation of the HRA, and WHEREAS, the Mayor has this day appointed the following Commissioners of the HRA for the terms as indicated: and, Robert A. Williams Brace Nawrocki Gary L. Peterson Term Ending 1/3/2005 Term Ending 1/3/2005 Term Ending 1/6/2003 WHEREAS, the terms of the Commissioners shall coincide with their respective terms of office as a City Councilmember. NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights hereby approves appointment of the above named persons as Commissioners of the HRA for the terms as indicated herein. Passed this Offered by: Seconded by: Roll Call: day of ,2000. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk H:XResolution~2000-91 CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ~l'A"~ ITEM: ADOPTING 2001-2003 SALARY & FRINGE BENEFIT ADJUSTMENT FOR NON-UNION SUPERVISORY EMPLOYEES NO: ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL BY: WALTER FEHST BY: DATE: 11-27-00 DATE: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union supervisory employees. The proposed changes are as follows: w~qes 2001: 2002: 2003: 3.5% adjustment over 2000 wages 3.5% adjustment over 2001 wages 3.5% adjustment over 2002 wages Insurance 2001: $475 per month (2000= $455 per month) 2002: $505 per month 2003: $535 per month Pursuant to requests by the Public Works Director and Finance Director, the following positions were re-evaluated, using the Hay System of Job Evaluation. Foreman - Vehicle Maintenance Assistant City Engineer Assistant Finance Director IS Director Based on this re-evaluation, our current compensation plan, internal equity, and external comparability, revisions in the salary ranges for these positions were made. The proposed salary ranges for these positions have been included in the attached salary schedules for 2001, 2002, and 2003. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-87, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2001, 2002, and 2003. COUNCIL ACTION: RESOLUTION 2000-87 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey dam; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the Office of the City Manager, for calendar years 2001, 2002, and 2003; and, BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this __ day of ,2000. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk SCHEDULE A 2001 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2001 STORE SUPERVISOR ASSISTANT LIQUOR OPERATIONS MANAGER $2,892 ACCOUNTING COORDINATOR $2,962 IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS $3,057 SENIOR CITIZENS COORDINATOR $3,089 CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST $3,156 POLICE SUPPORT SERVICES SUPER. PLANNER FOREMAN-VEHICLE MAINT. $3,742 BUILDING OFFICIAL $3,908 COMMUNITY DEVELOPMENT ASST. $4,214 ASSISTANT FINANCE DIRECTOR $4,343 PUBLIC WORKS SUPERINTENDENT $4,424 IS DIRECTOR $4,492 ASSISTANT CITY ENGINEER RECREATION DIRECTOR $4,560 LIQUOR OPERATIONS MANAGER $5,157 LLM/cb Entry 6 Months 1 Year 2 Years 3 Years $2,370 $2,451 $2,531 $2,612 $2,693 $2,990 $3,089 $3,187 $3,286 $3,063 $3,164 $3,265 $3,366 $3,161 $3,266 $3,370 $3~74 $3,194 $3,299 $3,405 $3,510 $3,263 $3,371 $3~78 $3,586 $3,869 $3,997 $4,124 $4,252 $4,041 $4,175 $4,308 $4,441 $4,358 $4,502 $4,645 $4,789 $4,491 $4,639 $4,787 $4,935 $4,575 $4,725 $4,876 $5,027 $4,646 $4,799 $4,952 $5,105 $4,716 $4,871 $5,027 $5,182 $5,333 $5,508 $5,684 $5,860 SCHEDULE A 2002 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2002 Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,453 ASSISTANT LIQUOR OPERATIONS MANAGER $2,993 ACCOUNTING COORDINATOR $3,066 IS TECHNICIAN SPECIAL PROJECTS COORDINATOR $3,164 ADMINISTRATIVE ASST-PUB WORKS SENIOR CITIZENS COORDINATOR $3,197 CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST $3,267 POLICE SUPPORT SERVICES SUPER. PLANNER FOREMAN-VEHICLE MAINT. $3,873 BUILDING OFFICIAL $4,044 COMMUNITY DEVELOPMENT ASST. $4,362 ASSISTANT FINANCE DIRECTOR $4,495 PUBHC WORKS SUPERINTENDENT $4,579 IS DIRECTOR ASSISTANT CITY ENGINEER $4,650 RECREATION DIRECTOR $4,719 LIQUOR OPERATIONS MANAGER $5,337 LLM/cb $2,536 $2,620 $2,703 $2,787 $3,095 $3,197 $3,299 $3,401 $3,170 $3,275 $3,379 $3,484 $3,272 $3,380 $3,488 $3,596 $3,306 $3,415 $3,524 $3,633 $3,378 $3,489 $3,601 $3,712 $4,005 $4,137 $4,269 $4,401 $4,182 $4,320 $4,458 $4,596 $4,511 $4,660 $4,808 $4,957 $4,648 $4,802 $4,955 $5,108 $4,735 $4,891 $5,047 $5,203 $4,808 $4,967 $5,125 $5,284 $4,880 $5,041 $5,202 $5,363 $5,519 $5,701 $5,883 $6,065 SCHEDULE A 2003 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2003 Entry STORE SUPERVISOR $2,539 ASSISTANT LIQUOR OPERATIONS MANAGER $3,098 ACCOUNTING COORDINATOR $3,173 IS TECHNICIAN SPECIAL PROJECTS COORDINATOR $3,275 ADMINISTRATIVE ASST-PUB WORKS SENIOR CITIZENS COORDINATOR $3,309 CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST $3,381 POLICE SUPPORT SERVICES SUPER. PLANNER FOREMAN-VEHICLE MAINT. $4,008 BUILDING OFFICIAL $4,186 COMMUNITY DEVELOPMENT ASST. $4,514 ASSISTANT FINANCE DIRECTOR $4,653 PUBLIC WORKS SUPERINTENDENT $4,739 IS DIRECTOR ASSISTANT CITY ENGINEER $4,813 RECREATION DIRECTOR $4,885 LIQUOR OPERATIONS MANAGER $5,524 LLM/cb 6 Months 1 Year 2 Years 3 Years $2,625 $2,712 $2,798 $2,885 $3,203 $3,309 $3,414 $3,520 $3,281 $3,390 $3,498 $3,606 $3,387 $3,499 $3,610 $3,722 $3,422 $3,534 $3,647 $3,760 $3,496 $3,611 $3,727 $3,842 $4,145 $4,282 $4,418 $4,555 $4,329 $4,472 $4,614 $4,757 $4,668 $4,822 $4,976 $5,130 $4,811 $4,970 $5,128 $5,287 $4,900 $5,062 $5,223 $5,385 $4,977 $5,141 $5,305 $5,469 $5,051 $5,218 $5,384 $5,551 $5,712 $5,900 $6,089 $6,277 SCHEDULE A INSURANCE The EMPLOYER will contribute up to a maximum of four hundred and seventy-five dollars ($475) per month per employee for calendar year 200 1 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $475 per month, the difference may be used toward any other City-provided insurance benefit and or ICMA deferred compensation. The EMPLOYER will contribute up to a maximum of five hundred and five dollars ($505) per month per employee for calendar year 2002 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $505 per month, the difference may be used toward any other City-provided insurance benefit and/or ICMA deferred compensation. The EMPLOYER will conUibute up to a maximum of five hundred and thirty-five dollars ($535) per month per employee for calendar year 2003 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $535 per month, the difference may be used toward any other City-provided insurance benefit and/or ICMA deferred compensation. LLM/cb CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT L( 'A' 15 NO: ITEM: ADOPTING 2001-2003 SALARY & FRINGE BENEFIT ADJUSTMENTS FOR NON-UNION ESSENTIAL AND CONFIDENTIAL EMPLOYEES NO: ORIGINATING DEPARTMENT: CITY MANAGER ' S CITY MANAGER ' S APPROVAL DATE: 11-27 - 00 DATE Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union essential and confidential employees. The proposed changes are as follows: Waqes: 2001: 2002: 2003: 3.5% adjustment over 2000 wages 3.5% adjustment over 2001 wages 3.5% adjustment over 2002 wages Insurance: 2001: $475 per month (2000 = $455 per month) 2002: $505 per month 2003: $535 per month Over the years, since the position of Assistant to the City Manager was initially evaluated under the Hay System of Job Evaluation, the level and scope of responsibility, accountability, and howledge required has increased significantly. Therefore, the City Manager, based on a re-evaluation of the positionunder the Hay System of Job Evaluation, our current compensation plan, internal equity, and external comparability, has included a revision in the salary range for that position. Additionally, it is recommended that the position title be changed to Assistant to the City Manager/Human Resources Director, to better reflect the duties and responsibilities of the position. The proposed salary range and position title is included in the attached salary schedules for 2001, 2002, and 2003. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-88, adopting changes in non-union' group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2001, 2002, and 2003. COUNCIL ACTION: SCHEDULE B 2001 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2001 PAYROLL/ACCOUNTING CLERK ADMINISTRATIVE SECRETARY COUNCIL SECRETARY ASSISTANT FIRE CHIEF POLICE CAPTAIN ASSISTANT TO THE CITY MANAGER/HUMAN RESOURCES DIRECTOR Entry_ 6 Months 1 Year 2 Years 3 Years $2,730 $2,823 $2,916 $3,009 $3,102 $2,869 $2,967 $3,064 $3,162 $3,260 $2,869 $2,967 $3,064 $3,162 $3,260 $4,492 $4,646 $4,799 $4,952 $5,105 $4,820 $4,984 $5,148 $5,313 $5,477 $4,972 $5,142 $5,311 $5,841 $5,650 LLM/cb SCHEDULE B 2002 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2002 PAYROLL/ACCOUNTING CLERK ADMINISTRATIVE SECRETARY COUNCIL SECRETARY ASSISTANT FIRE CHIEF POLICE CAPTAIN ASSISTANT TO THE CITY MANAGER/HUMAN RESOURCES DIRECTOR Entry 6 Months 1 Yellr 2 Years 3 Years $2,826 $2~922 $3,018 $3,115 $3,211 $2,969 $3,070 $3,172 $3,273 $3,374 $2,969 $3,070 $3,172 $3,273 $3,374 $4,650 $4,808 $4,967 $5,125 $5,284 $4,989 $5,159 $5,329 $5,499 $5,669 $5,146 $5,322 $5,497 $5,673 $5,848 LLM/cb SCHEDULE B 2003 MONTHLY SALARY SCHEDULE · EFFECTIVE JANUARY 1, 2003 PAYROLL/ACCOUNTING CLERK ADMINISTRATIVE SECRETARY COUNCIL SECRETARY ASSISTANT FIRE CHIEF POLICE CAPTAIN ASSISTANT TO THE CITY MANAGER/HUMAN RESOURCES DIRECTOR Entry 6 Months 1 Year 2 Years 3 Years $2,924 $3,024 $3,124 $3,223 $3,323 $3,073 $3,178 $3,282 $3,387 $'3,492 $3,073 $3,178 $3,282 $3,387 $3,492 $4,813 $4,977 $5,141 $5,305 $5,469 $5,163 $5,339 $5,515 $5,691 $5,867 $5,327 $5,508 $5,690 $5,871 $6,053 LLM/cb RESOLUTION 2000-88 ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey dam; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager for calendar years 2001, 2002, and 2003; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this __ day of ,2000. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor PaWicia Muscovitz, Deputy City Clerk SCHEDULE B INSURANCE The EMPLOYER will contribute up to a maximum of four hundred and seventy-five dollars ($475) per month per employee for calendar.year 2001 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $475 per month, the difference may be used toward any other City- provided insurance benefit and/or ICMA deferred compensation. The EMPLOYER will contribute up to a maximum of five hundred and five dollars ($505) per month per employee for calendar year 2002 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $505 per month, the difference may be used toward any other City- provided insurance benefit and/or ICMA deferred compensation. The EMPLOYER will contribute up to a maximum of five hundred and thirty-five dollars ($535) per month per employee for calendar year 2003 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $535 per month, the difference may be used toward any other City- provided insurance benefit and/or ICMA deferred compensation. CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ORIGINATING DEPARTMENT: CITY MANAGER'S cITY AGER'S APPROV ITEM: 2001-2003 TEAMSTERS LABOR AGREEMENT - BY: LINDA L. MAG BY: NO: POLICE OFFICERS DATE: 12-61~~ATE: The current labor agreement between the City and the Teamsters, Local 320, representing Police Officers, terminates on December 31, 2000. Negotiations between the City's negotiation spokesperson and the Teamsters have resulted in a mutually acceptable labor agreement for calendar years 2001, 2002, and 2003. The proposed changes are as follows: Waqes: 2001: 2002: 2003: 3.5% adjustment over 2000 wages 3.5% adjustment over 2001 wages 3.5% adjustment over 2002 wages Insurance: 2001: $475 per month (2000 2002: $505 per month 2003: $535 per month $455 per month) Court Time: Clarification in language from Anoka County Attorney's Office felony cases to Anoka County Attorney's Office cases. Holidays: Addition of one premium holiday (Easter). Deferred Compensation: Employer shall contribute $1 for every $2 contributed by the employee; $300 per full-time employee for 2001; $300 per full-time employee for 2002; $300 per full-time employee for 2003 (2000 = $300). Job Assiqnments: Those employees assigned as Field Training officers shall receive i ~ hours of compensatory time for each full shift spent performing Field Training Officer duties. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2001, 2002, and 2003. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 10.99%. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ITEM: 2001-2003 TEAMSTERS LABOR AGREEMENT - POLICE OFFICERS NO: Page 2 ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL BY: LINDA L. MAGEE BY: DATE: 12-6-00 DATE: Also attached is a uniform settlement form. Minnesota Statute 179A.07, Subdivision 7, requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.07, Subdivision 7. It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniformsettlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.) Thus, if the new dollars for wage schedule movement and the corresponding medicare and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-89, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320-Police Officers, effective January 1, 2001 - December 31, 2003. COUNCIL ACTION: RESOLUTION 2000-89 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003. WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for Teamsters, Local 320-Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,2000. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk November 21, 2000 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE TEAMSTERS (POLICE OFFICERS) ARTICLE XIV COURT TIME An employee who is required to appear in Court during his/her scheduled off-duty time shall receive time and one-half (1 ~) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one-half times (1 ~h) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. For Anoka County Attorney's Office cases, when a Police Officer is off duty and has been notified that his or her testimony may be necessary, the Police Officer shall receive two hours of standby compensation at straight time (to be paid or taken as compensatory time at the officer's election) for each day that he or she is to continue calling for instructions. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of four hundred and seventy-- five ($475) dollars per month per employee for calendar year 2001 for group health, including dependent coverage, life and long-term disability insurance. 17.2 The EMPLOYER will contribute up to a maximum of five hundred and five ($505) dollars per month per employee for calendar year 2002 for group health, including dependent coverage, life and long-term disability insurance. 17.3 The EMPLOYER will contribute up to a maximum of five hundred and thirty-five ($535) dollars per month per employee for calendar year 2003 for group health, including dependent coverage, life and long-term disability insurance. 17.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 17.5 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee of health, life, and long term disability insurance dollars in Articles 17.1, 17.2, and 17.3 for dental insurance for unit employees. November 21, 2000 ARTICLE XXII HOLIDAYS In lieu of holidays, employees shall be paid twelve (12) eight-hour days per year. Employees required to work on any of the following nine holidays: New Year's Day, President's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on such holiday. ARTICLE XXVHI DURATION This AGREEMENT shall be effective as of January 1,2001, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 2003. ,aPPENDIX A November 21, 2000 1. WAGE RATES a. Effective January 1.2001 After 36 months of continuous employment ..................$4,185 per month Top Patrol Rate Start ..................... .....................................65% of Top Patrol Rate After 6 Months .............................................70% of Top Patrol Rate After 1 Year ...............................................80% of Top Patrol Rate After 2 Years .............................................90% of Top Patrol Rate After 3 Years .........................................................Top Patrol Rate b. Effective January 1.2002 After 36 months of continuous employment ..................$4,331 per month Top Patrol Rate Start .........................................................65% of Top Patrol Rate After 6 Months .............................................70% of Top Patrol Rate After 1 Year ................................................80% of Top Patrol Rate After 2 Years ...............................................90% of Top Patrol Rate After 3 Years .........................................................Top Patrol Rate c. Effective January 1.2003 After 36 months of continuous employment ..................$4,483 per month Top Patrol Rate Start .........................................................65% of Top Patrol Rate After 6 Months .............................................70% of Top Patrol Rate After 1 Year .....· ..............: ............................80% of Top Patrol Rate After 2 Years ...............................................90% of Top Patrol Rate After 3 Years .........................................................Top Patrol Rate As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a city-sponsored deferred compensation program for every $2 contributed by such employee toward suchcity-sponsored deferred compensation program. Such employer contribution will not exceed $300 for calendar year 2001, and $300 for calendar year 2002, and $300 for calendar year 2003. (New Article) Employees assigned as Field Training Officers shall receive one and one-half (1 hours of compensatory time for each full shift spent performing Field Training Officer duties. 0 i'"-l- ="t f- 0 -'1 I:}_ :r' 0 "il i.=l. - .~ \ CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ORIGINATING DEPARTMENT: CITY MANAGER'S CITY m AGER'S APPROVAL ITEM: ADOPT REVISED PERSONNEL POLICY MANUAL BY: ~A LINDA L. MAGEE Y: NO: DATE: 12-1-200 TE: A revised Personnel Policy was adopted in November, 1989. Since then, revisions have been made to various pages or sections of the policy. Staff has recently reviewed the Personnel Policy Manual in its entirety. As a result of the review, changes have been made to the policy. The changes are for housekeeping purposes, clarification by policies, and are aligned to state statutes and regulations and/or federal laws and regulations. Staff recommends adoption of the revised Personnel Policy Manual. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-93, being a resolution adopting a revised Personnel Policy Manual. COUNCIL ACTION: RESOLUTION 2000-93 ADOPTING REVISED PERSONNEL POLICY MANUAL WHEREAS, in order to establish an equitable and uniform procedure for dealing with personnel matters, the City of Columbia Heights previously adopted a Personnel Policy Manual dated November 13, 1989; and, WHEREAS, a thorough review of the Personnel Policy Manual has been conducted; and, WHEREAS, as a result of the review, revisions to the Personnel Policy Manual are recommended for adoption; and, NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council that it does hereby adopt the revised Personnel Policy Manual, dated December 11, 2000, a copy of which is on file in the Office of the City Manager; and, BE IT FURTHER RESOLVED that such revised Personnel Policy Manual be effective December 11, 2000. Passed this __ day of December, 2000. Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Patricia Muscovitz Deputy City Clerk City of Columbia Heights PERSONNEL POLICY MANUAL December 11, 2000 TABLE OF CONTENTS INTRODUCTION ............................. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT ............. SECTION 1 I. II. III. IV. Duties of the City Manager or Mayor ........... Supervisory Responsibility ................ Definitions ....................... Unionized Employees ................... PAGE iii iv 1 1 1-3 3 SECTION 2 I. II. III. IV. Classification of Employment Positions and Pay Plan Recruitment and Selection ................ Residency Requirement .................. Probationary Period ................... 4 5 5-6 6 SECTION 3 I. II. Regular Working Hours and Pay Period ........... Overtime ......................... 7 7-8 SECTION 4 I. II. III. IV. V. VI. VII. Personal Data Changes and Records ............ Performance Appraisals .................. Promotion ........................ Transfer ......................... Demotion ......................... Grievances and Grievance Procedure ............ Discipline ........................ VIII. Appeals .......................... 9 9 9 10 10 10-11 11 11-12 SECTION 5 I. II. III. IV. V. VI. VII. Vacation ......................... Holidays ......................... Sick Leave ........................ Funeral Leave ....................... Jury Duty, Other Legal Duties, Voting in Elections .... Military Leave ...................... Injury-On-Duty Leave ................... VIII. Medical Leave ....................... IX. Personal Leave of Absence ................ X. Family/Medical Leave ................... XI. Parenting Leave ...................... XII. School Conferences and Activities Leave .......... XIII. Bone Marrow Donation Leave ................ XIV. Unauthorized Leave of Absence .............. XV. Resignation ....................... XVI. Retirement ........................ XVII. Lay-Offs ......................... XVIII. Travel .......................... Conference Attendance .................. City-Owned Vehicles ................... Privately-Owned Vehicles ................. Out-of-State Travel ................... 13 13-14 14-15 15 15-16 16 16 16-17 17 17-18 18-19 19 19 19 19 19 20 20-23 20 20 21 21-22 SECTION 5 CONTINUED XIX. Commercial Transportation ................ Meals .......................... Lodging ......................... Parking Fees ..................... Special Expenses ................... Advances ........................ Leave Applications .................... PAGE 22 22 22 22 22 23 23 SECTION 6 I. II. III. Severance Pay ...................... Insurance ........................ Health, Life, Dental, Flexible Benefit Plan, Workers' Compensation Pension and Retirement .................. 24 24 25 SECTION 7 I. II. III. IV. Education and Training .................. Uniforms ......................... Physical Fitness ..................... Drug and Alcohol Testing ................. Purpose ........................ Policy ......................... Definitions ...................... Drug and Alcohol Testing ................ Job Applicants ..................... Reasonable Suspicion Testing .............. Routine Physical Examination Testing .......... Random Testing ..................... Treatment Program Testing ............... Procedure ....................... Discipline or Discharge ................ Confidentiality and Privilege ............. Appeal Process ..................... Notification and Acknowledgement of Receipt Form. Safety and Accident Procedure ......... : ..... SECTION 8 I. II. III. Outside Employment ..................... Release of News Information .......... i ..... Personal Business ............... ! ..... SECTION 9 I. II. III. IV. V. VI. VII. Discrimination ....................... Sexual Harassment ................ ! ..... Veterans Preference .............. : ..... Competitive Service .............. ! ..... Administration of Policy ................. Employee-Public Relations ................ Political Activity .................... VIII. Gifts and Gratuities .............. : ..... APPENDIX A ~ Travel and Meal Compensation ............. ! ..... 26-27 28 28 28-35 28 28 28-29 29 29-30 30 30 30 30 31-33 33-34 34 34 35 36 37 37 37 38 38 38 38-39 39 39 39 39 40 ii INTRODUCTION In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and in the interest of promoting mutual understanding, efficiency in service, and good morale among employees of the City of Columbia Heights, the following personnel system is hereby in effect. As the Chief Administrative Officer of the City, the City Manager, or in the case of the Police Department, the Mayor, is directly responsible for maintaining conditions of employment consonant with policy established by the City. The following outline of personnel policies sets out the City's policy with regard to conditions of employment and other personnel matters which affect all employees. Such policies are intended to serve as guides for employment, and shall not be regarded as or construed as contractual provisions. As guides, the policies may be changed at any time at the sole discretion of the City. Interpretations or decisions on items not covered will be made by the City Manager in conjunction with the supervisor. iii CITY OF COLUMBIA HEIGHTS EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This is to affirm the City of Columbia Heights' policy of providing equal opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of federal, state, and local governing bodies or agencies thereof, specifically Minnesota Statutes 363. The City of Columbia Heights will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, membership or activity in a local commission, status with regard to public assistance, or sexual orientation. The City of Columbia Heights will take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Columbia Heights will use its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that the City engages in. The City of Columbia Heights will commit the necessary time and resources, both financial and human, to achieve the goals of equal employment opportunity and affirmative action. The City of Columbia Heights fully supports incorporation of non-discrimination and affirmative action rules and regulations into contracts. The City of Columbia Heights will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these affirmative action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City, who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/Affirmative Action laws, directives, and regulations of the federal, state, and local governing bodies or agencies thereof, specifically Minnesota Statutes 363, will be subject to appropriate legal sanctions. The City of Columbia Heights has appointed Linda L. Magee to manage the Equal Employment Opportunity Program. Her responsibilities will include monitoring all equal employment opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by federal, state, and local agencies. The City Manager of the City of Columbia Heights will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact Linda L. Magee, 590 40th Avenue NE, Columbia Heights, MN 55421 or call (763) 706-3609. Walter R. Fehst, City Manager Date iv SECTION 1 Duties of the City Manaqer or Mayor In conformance with these rules, it shall be the duty of the City Manager, or in the case of the Police Department, the Mayor: A. To interpret and administer all the provisions of the personnel policies. B. To prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. C. To promote public understanding of the purposes, policies, and practices of the Personnel Policy. D. To perform such duties as are prescribed by these rules or the City Council. II. Supervisory ResPonsibility All supervisors are expected to maintain efficiency in their operations. With the approval of the City Manager, they may adopt and enforce rules and regulations in their operations not in conflict with this policy. They will notify the City Manager of changes in duties and responsibilities of their employees in order that the classification plan will be maintained, recommend pay adjustments in accordance with provisions of the compensation plan, report upon the performance of their subordinates, and maintain and carry out other personnel matters as necessary. III. Definitions CLASS (Classification): One or more positions sufficiently similar in the duties performed, know-how, problem solving, accountability, and working conditions, and degree of supervision exercised or required. DEMOTION: The movement of an employee from one classification to another having a lower maximum rate of pay and/or reduced responsibilities. C. DISMISSAL: The termination by the employer of an employee for cause. EXEMPT EMPLOYEES: Employees who hold positions which meet the executive, administrative, or professional definition as outlined in the Fair Labor Standards Act (FLSA). Exempt employees are not covered by the minimum wage and overtime pay provisions of the Fair Labor Standards Act. E. FULL-TIME EMPLOYEE: An employee who is regularly scheduled to work a minimum of 40 hours per week. LAY-OFF: The termination of employment of an employee due to lack of funds or work, abolition of a position, or due to organizational change. -1- SECTION 1 NON-EXEMPT EMPLOYEE: Employees who hold positions which are covered by the minimum wage and overtime pay provisions of the Fair Labor Standards Act (FLSA). PART-TIME EMPLOYEE: An employee who is scheduled to work on a regular and recurring basis for less than 40 hours per week. PERMANENT. FULL-TIME EMPLOYEE: An employee who has completed his/her probationary period and who serves in a position which is provided for in the budget for a minimum of 40 hours per week throughout the year. It should be noted that this "permanent" designation does not reflect duration of employment with the City, nor is it meant to convey to the employee any rights or implications of tenured employment. PERMANENT, PART-TIME EMPLOYEE: An employee who has completed his/her probationary period and who serves in a position which is provided for in the budget for less than 40 hours per week throughout the year. It should be noted that this "permanent" designation does not reflect duration of employment with the City, nor is it meant to convey to the employee any rights or implications of tenured employment. POSITION: A group of current duties and responsibilities requiring the employment of one person. PROBATIONARY EMPLOYEE: An employee who has not completed a designated probationaryperiod for the position he/she currently occupies. During such period, the employee may be separated from that position without cause. PROBATIONARY PERIOD: A working test period during which an employee is required to demonstrate his/her fitness for the position to which he/she is appointed by actual performance of the duties of the position. PROMOTION: The movement of an employee from one position in a class to a higher position in a class having a higher maximum rate of pay and/or higher responsibilities. RECLASSIFICATION: A reassignment or change of a position by raising it to a higher class of positions, reducing it to a lower class of positions, or moving it to another class of positions at the same level on the basis of significant changes in the know-how, problem solving, accountability, and/or working conditions of the work performed. RESIGNATION: The termination of an employee, made at the request of the employee. SUPERVISOR: The individual who has the authority to undertake a majority of the following supervisory functions in the interests of the employer. 1. Hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees, direction of the work of other employees, or adjustment of other employees' grievances on behalf of the employer, or, 2. To effectively recommend any of the above actions. -2- SECTION 1 SUSPENSION: An enforced leave of absence with or without pay, for disciplinary purposes or pending investigation of charges made against the employee. SEASONAL EMPLOYEE: A part-time or full-time employee who serves in a position which is basically temporary or seasonal in character and is not for more than 67 working days in any calendar year; or is not for more than 100 working days in any calendar year if the employee is under the age of 22, is a full-time student enrolled in a non- profit or public educational institution prior to being hired by the City, and has indicated, either in an application for employment or by being enrolled at an educational institution for the next academic year or term, an intention to continue as a student during or after his/her temporary employment. Seasonal employees have a definite end of employment date insofar as the duration of employment is determined by the end of a specific program or season. TEMPORARY EMPLOYEE: An employee who serves in a position for a period in excess of 67 working days, and is scheduled for less than 14 hours per week; or an employee hired under a federal, state, or county work program. TRANSFER: A change from one position to another position involving the performance of similar duties and requiring essentially the same qualifications, training and/or experience. UNIONIZED EMPLOYEE: Employees performing under a collective bargaining agreement. IV. UNIONIZED EMPLOYEES Unionized employees, performing under a collective bargaining agreement, and Civil Service employees, performing under Civil Service rules, regulations, and procedures, should make reference to such agreement and/or rules, regulations, and procedures for those sections or clauses which may be in conflict with the foregoing personnel policies. Such bargaining agreement or civil service rules, regulations, and procedures shall supercede any such inconsistent provisions of the Personnel Policy. -3- SECTION 2 Classification of EmDlovment Positions and Pay Plan The City Council has adopted a comprehensive plan for all positions covered by this policy. The plan is based on investigation and analysis of the duties and responsibilities of positions and is so developed and maintained that all positions that are substantially similar in know-how, problem solving, accountability, and working conditions are included in the same class. The classification plan consists of written specifications for each class. Each specification includes an appropriate title; a description of the duties, responsibilities and accountabilities; and the requirements of training, experience, knowledges, skills and abilities. There has also been adopted a comprehensive compensation plan for all classes of positions. The plan includes salary ranges for all classes of positions with a range for each of the various classes and with the salary of each class consistent with the duties and responsibilities outlined in the class specifications. Minimum, intervening, and maximum rate of pay for each class is established to provide for salary advancement in recognition of employee performance. The annual schedule of pay for each position shall be established by resolution of the City Council, and shall be filed with the City Clerk and have the same effect as though it were a part hereof. Such resolution shall state the minimum salary, intervening steps, and the maximum salary for each position. Any salary range, plus fringe benefits, established for a class shall represent the total remuneration for employment in that class, but shall not be considered as reimbursement for official travel and other expenses which may be allowed for the conduct of official business. The compensation plan may be adjusted for changes in the level of salary rates in business and government for similar and competing types of employment as determined by the City Council. The entrance salary for any new employee shall be at the minimum salary for the class of positions to which he/she is appointed, except that the entrance salary may be above or below the minimum rate provided that: Such appointment at a higher rate is justified by the exceptional qualifications of the individual. The City Manager may set a starting rate of pay below the minimum rate of any classification. Such appointments under (A) or (B) above shall be subject to the prior approval of the City Manager upon submittal by the supervisor of a request outlining the reasons for the higher or lower rate. -4- SECTION 2 II. Recruitment and Selection All employees are selected on the basis of qualifications, experience, training and fitness. In all of its employment practices, the City shall comply with the City Charter, City Ordinances, Affirmative Action Policy, collective bargaining agreements, and State and Federal laws and legislation. When the vacant position occurs in the competitive service or a new position is created, the supervisor shall notify the City Manager. The City Manager shall determine if the proper budgetary authorization exists, the proper class to which the position belongs, and the proper method for filling the vacancy. Vacancies may be filled in the following ways: A. From an appropriate lay-off list, if such a list is in existence. B. By promotion of an employee employed on a regular basis by the City who meets the qualifications necessary to adequately perform the duties of the position. C. By a person not employed on a regular basis by the City. The City Manager shall post position vacancy announcements in municipal buildings. Notices of vacancy shall be posted for five (5) days. The announcements shall specify date, position title, primary duties, qualifications, salary/wage range, application procedure, selection procedure, closing date, and whether the vacancy will be filled on an open competitive or promotional basis. Moreover, the posting must state "An Equal Opportunity Employer", M/F/V/H, and the City of Columbia Heights does not discriminate on the basis of disability in employment or the provision of services. If necessary, other appropriate means of publicizing job openings will be utilized. When required by law or by the City Manager, fitness for a position may be ascertained by written, oral, physical, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. In case of appointment to positions for which examinations are not required, the City Manager may appoint any person who meets the require- ments of the position and whom the City Manager deems qualified to perform the duties of the position. Any method of evaluation chosen shall evaluate only those criteria necessary to perform adequately in the position. The City Manager's Office shall notify all interviewed candidates of the decision. The notification to the successful candidate shall include the employment date, starting time, salary, and a listing of benefits. III. Residency Rec~/irement Although desirable, employees are not required to maintain residence within the City limits. -5- SECTION 2 All City employees are subject to call outside of regular working hours for emergency, special assignment, or overtime duty; and must, therefore, be living within a reasonable distance of the City. IV. Probationary Period The probationary period is an essential part of the evaluation process and shall be used to closely observe the employee's performance in a new position and fitness for the position. During such period, an employee whose performance does not meet the required' standard of work may be separated from that position without recourse to appeal. A person employed by the City of Columbia Heights in any of the following ways shall serve a probationary period: A. Appointment of an eligible applicant to a new or existing position. B. Reinstatement of a former employee to a new or existing position. C. Promotion of a current employee to a new or existing position. The probationary period shall consist of the first twelve months of actual service following the date of appointment action requiring such period unless specified otherwise in writing. The City Manager, after determining that rare or unusual circumstances or conditions exist with respect to a probationary employee, insomuch as it prevents the making of a full and fair determination as a basis for granting permanent status or separating the employee from the City, may grant an extension of the probationary period upon recommendation of the employee's supervisor. Moreover, the City Manager, upon recommendation from the employee's supervisor, may place an employee on probation at any time, due to performance. During a probationary period, an employee may be transferred or dismissed without recourse, if his/her performance as determined by the immediate supervisor does not meet necessary minimum standards. Upon completion of the probationary period, unless a written statement requesting the employee's dismissal is received from his/her supervisor, the employee will be certified as .a permanent employee. -6- SECTION 3 Reqular Workinq Hours and Pay Period The regularly scheduled work week for all departments of the City shall be determined by the City Manager. The standard work week for non-exempt office staff consists of forty (40) hours including rest periods, and excluding lunch periods. From Monday through Friday, the work day for such personnel shall begin at 8:00 AM and shall end at 4:45 PM. The lunch period shall not exceed forty-five (45) minutes except upon approval of the supervisor. Rest periods may be taken, not to exceed fifteen (15) minutes in the morning and not to exceed fifteen (15) minutes in the afternoon. Compensation shall be issued in no less than quarter-hour increments. When an employee punches in/commences work six (6) minutes through fourteen (14) minutes after the start of the quarter-hour, he/she shall not receive payment for that quarter-hour. Pay periods shall be from 4:45 PM Friday to 4:45 PM two weeks later, or as determined by the City Manager. Any department changes in the established shift shall be approved by the Division Head. Exempt employees shall work such additional hours as necessary to satisfactorily perform the duties of their positions. Employees covered by this policy shall be paid by check on a bi-weekly basis with holidays, vacation days, and sick days included as specified herein. Whenever an employee works for a period of less than the regularly scheduled hours per day, days per week, or weeks per month, the amount paid shall be determined by his/her immediate supervisor. Non-Exempt Personnel Only: It is up to each employee every two (2) weeks to calculate on his/her time card the exact number of hours worked, overtime hours worked, sick leave hours, vacation hours, etc. and sign his/her time card. Before the time cards are turned over to the Finance Department, the supervisor shall check all his/her employees' time cards and either approve or disapprove the compensation claimed by the employee and sign the time card. If the supervisor disapproves a time card, the discrepancy should be worked out by the supervisor and the employee involved. II. Overtime The supervisor is responsible for scheduling the work in their departments in order to minimize overtime. When a supervisor anticipates that a non-exempt employee will be working beyond his/her regular work schedule, if possible, the work schedule should be rearranged so as to not exceed the designated work schedule and/or shift. Overtime may be authorized by the supervisor when the need arises. Overtime hours should be authorized by the supervisor before the hours are actually worked. However, in special situations or emergency occasions, overtime hours may be authorized by the supervisor after the hours have been worked. -7- SECTION 3 II. Overtime (Continued) Employees eligible for overtime must work at least eight (8) minutes beyond the start of the quarter-hour of overtime to receive pay for that quarter-hour. Non-exempt, non-union employees shall be paid one and one-half times their regular hourly rate of pay for all authorized hours worked in excess of forty (40) hours in a work week. Paid time off due to sick leave, holidays, (other than Liquor Operations Employees), vacation or other paid leaves is to be included as "time worked" in computing the forty hours per week requirement. In the case of Liquor Operations Employees, paid time off due to holidays is not to be included as ~time worked" in computing the forty hours per week requirement. Non-exempt, non-union employees may accrue compensatory time off at the rate of one and one-half hours off for every hour of overtime worked. Compensatory time must be taken during the same pay period accrued or within the pay period following accrual. Compensatory time may be accrued and taken in the manner described only upon mutual agreement between the supervisor and the employee. Overtime earned and not taken consistent with the above as compensatory time will be paid at one and one-half times the employee's hourly rate. Opportunity to work overtime shall be distributed as equally as practicable among qualified employees in each department. -8- SECTION 4 Personal Data Chan~es and Records Individual personnel files shall be open for inspection and review by the employee concerned and City personnel (as may be subject to the Data Practices Act) authorized access to employment records during office hours in accordance with such procedures as the City Manager's Office shall prescribe. The City Manager's Office shall maintain records necessary for the proper administration of the personnel system. It is the responsibility of each employee to ensure that the data below is correct and reflects current information about the employee. It shall be the employee's responsibility to see that the following items are kept current at all times. Changes and/or corrections should be submitted in writing to the City Manager's Office. B. C. D. E. Home address and phone number. Dependents. Person to contact in case of emergency. Beneficiary. Legal name. II. Performance ApPraisals Upon completion of the probationary period, and thereafter on the employee's anniversary date, or as deemed necessary by his/her supervisor, an employee is subject to a performance evaluation to be completed by his/her supervisor. Eligibility for step increases will be in conformance with the wage compensation program as established by the City Council and subject to satisfactory performance. III. Promotion Notice of vacancies will be posted so that all employees who may be eligible will be aware of promotional opportunities. The City Manager shall be responsible for determining whether an employee possesses the necessary qualifications for promotion to a particular position. Appropriate tests may be administered to aid this determination. Whenever reasonably possible, vacancies in the City service shall be filled by promotion of permanent employees. Where candidates for promotion are equally qualified, the City Manager shall give consideration to length of service in making the appointment. All promotions shall be subject to a probationary period of one year, or as extended by the City Manager. If the employee who has been promoted is found unsuited for the work of the position to which promoted, he/she may be reinstated in a position in the class from which he/she was promoted. -9- SECTION 4 IV. Transfer A transfer of an employee from a position in one organizational subdivision of the City to a position of the same class in another organizational subdivision of the City may be made at any time by the City Manager. Any employee may be transferred from a position in one class to a position in another class, the transfer being either within one department or between departments. Employees may be transferred within the organization as far as practicable to vacant positions where their highest skills may be utilized. Transfers may be initiated by the City Manager when he/she determines that such transfer is in the best interest of the City. Demotion The supervisor may demote an employee for unsatisfactory performance of his/her duties, for disciplinary reasons, or for other just causes. Before the action is taken, an employee shall be furnished with a statement, in writing, setting forth the reasons for the demotion. He/she shall be permitted five (5) days time to reply, in writing, to the supervisor. Demotion shall not be subject to grievance procedures. NOTE: If an employee is transferred, promoted, or demoted, his/her rate of pay for the new class shall be determined by the City Manager, in accordance with the salary compensation plan in effect. VI. Grievances and Grievance Procedure A grievance is defined as a dispute or disagreement regarding the interpretation or application of specific terms and conditions of employment. To assure due process, grievances shall be resolved in conformance with the following procedure: SteD 1: An employee shall, within fifteen (15) calendar days after the first knowledge of the alleged dispute or disagreement, present such grievance in writing to the employee's immediate supervisor (employer-designated Step 1 representative). The immediate supervisor will discuss all relevant circumstances with the employee, consider and examine the causes of the employee's grievance, and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the term or condition of employment allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the immediate supervisor's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the employee within ten (10) calendar days shall be considered waived. -10- SECTION 4 Step 2: Step 3: If appealed, the written grievance shall be presented by the employee to the next level of authority (employer-designated Step 2 representative). The employer-designated representative shall give the employee an answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in 'Step 2 may be appealed to Step 3 within ten (10) calendar days following the employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the employee within ten (10) calendar days shall be considered waived. If appealed, the written grievance shall be presented by the employee and discussed with the City Manager (employer-designated Step 3 representative). The City Manager shall give the employee an answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. The City Manager's decision shall be final, with the exception of suspensions and discharges, which may be acted upon by the Merit Commission or the Police and Fire Civil Service Commission. VII. Discipline The employer shall have the right to impose disciplinary action on employees for just cause. Just cause shall include, but not be limited to, insubordination, negligence, fraudulent action, inappropriate be- havior, incompetence and inability to perform job duties. The cause for disciplinary action shall not be based on the employee's race, color, creed, religion, national origin, sex, disability, age, marital status, membership or activity in a local commission, status with regard to public assistance, or sexual orientation. Such action shall be in the form of an oral or written reprimand, demotion, suspension, or dismissal. A written statement will be furnished to the employee prior to the effective date of the suspension, demotion, or dismissal. The supervisor, in consultation with the Assistant to the City Manager, shall determine the disciplinary action to be taken against an employee. Disciplinary measures shall depend on the severity of the incident and the frequency of such incidents. Any employee may be suspended by the supervisor without pay or other benefits for just cause or pending the investigation of charges, which if substantiated, could result in dismissal. If such investigation does not substantiate the charges and the employee is retained, his/her pay and benefits for the period of suspension shall be restored and no record of such action shall appear in his/her personnel file. Each notice of disciplinary action shall become part of an employee's personnel file. Removal of disciplinary action from the file shall be dependent upon time and severity of violation. VIII. Appeals Suspended or discharged permanent, full-time City employees may make a written demand to the Merit Commission for a public hearing and -11- SECTION 4 investigation into the cause of said discharge or suspension. for the hearing shall be submitted to the secretary of Commission. The demand the Merit The foregoing shall not apply to Civil Service employees or unionized employees. Such employees should make reference to Civil Service rules and regulations and/or applicable collective bargaining agreements. -12- SECTION 5 Vacation Upon satisfactory completion of the first six months of the probationary period, full-time employees and part-time employees budgeted for 20 hours or more per week are entitled to receive vacation leave benefits. Vacation leave shall not be granted to seasonal and temporary employees. Vacation leave is provided as a rest period. It is not the intention of vacation leave to provide additional income; therefore, no trade-in of vacation leave for cash payment shall be made except to those persons who are terminating their employment with the City. Vacation leave will be compensated at the salary level of the year during which such vacation time is taken. Vacation leave shall accrue on the following basis: During Employment Year Vacation Accrued Per Month 1 thru 4 ........... 833 day 5 thru 9 ........... 1.250 day 10 thru 19 ........... 1.667 day 20+ ............ 2.083 day All vacation leave schedules shall be approved by the supervisor and filed in the prescribed manner. For vacations to be taken in the amount of three consecutive working days or more, an employee shall give at least two weeks' notice. Vacation leave may not be accumulated to any amount greater than one and one-half times an employee's annual earned vacation. Individuals requesting consideration of an extension of time due to a special out-of-town event or similar affair that would require additional vacation time should outline such a request to their immediate supervisor, who will upon his/her approval, in turn, present the request to the City Manager's Office for approval. This extension of time will be granted, unless it is shown to create a hardship, upon written permission of the City Manager. Any employee leaving municipal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued to the date of the separation. II. Holidays Holidays include New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day. When New Year's Day, Independence Day, Veteran's Day or Christmas Day falls on Sunday, the following day shall be a holiday. When New Year's Day, Independence Day, Veteran's Day or Christmas Day falls on Saturday, the preceding day shall be the holiday. Christmas Eve Day will be celebrated as a holiday on the regular work day preceding the day on which Christmas Day is observed. Any employee who observes a religious holiday on days which do not fall on a Sunday or a legal holiday shall be entitled to such days off from his/her employment for such observance. Such days off shall be taken off without pay except where the employee has accumulated vacation leave, and in that case, such days shall be charged against the accumulated vacation leave of the employee. -13- SECTION 5 All permanent and probationary full-time employees and part-time employees budgeted for twenty hours or more per week shall be eligible for the paid holidays as listed. Holiday pay shall not be granted to seasonal and temporary employees. Employees shall be on the payroll on the work day immediately preceding and the work day immediately following a holiday to be eligible for that holiday pay. When a holiday comes during an authorized leave of absence for which an employee receives compensation, such holiday shall not be charged as leave. Non-exempt, full-time employees working the normal Monday through Friday schedule who are required to be on duty on any holiday, as set out in the preceding paragraphs, shall be paid time and one-half for the hours worked in addition to eight hours pay at straight time. Non-exempt full-time employees working schedules other than the normal Monday through Friday, who are required to be on duty on any holiday as set out in the preceding paragraphs, shall be paid straight time for the hours worked in addition to the payment for the holiday. Those employees in the position of Liquor Operations Manager or Assistant Liquor Operations Manager who are required to be on duty on any holiday, as set out in the preceding paragraphs, shall be compensated for hours worked in addition to payment for such holidays. III. Sick Leave Sick leave shall be a benefit provided to all full-time employees and part-time employees budgeted for twenty hours or more per week. Sick leave shall not be granted to seasonal and temporary employees. Lay-offs, suspensions, and unauthorized leaves of absence shall not be counted in the computation of sick leave for that payroll period. Only during periods of continuous service shall sick leave be accrued. Sick leave with pay shall be granted to full-time employees at the rate of one working day for each calendar month of full-time service and to part- time employees (budgeted for twenty [20] hours or more per week) in proportion to hours worked in relation to full-time employees, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of three months of the initial probationary period. Promotional probationary employees may make use of sick leave. Sick leave may be accumulated to a maximum of 120 days. Sick leave may be granted for absence from duty because of personal illness or disability (necessary medical, dental, or chiropractic care), legal quarantine, or serious illness in the immediate family. The immediate family is defined as the following of either the employee or the employee's spouse: spouse, mother, father, or children, sister, brother, grandparents, grandchildren, or dependents. One-half of the accumulated sick leave in excess of 120 days shall be converted and recorded as additional annual vacation leave the calendar year after such surplus is earned. -14- SECTION 5 To receive approval for sick leave, the employee must communicate with his/her immediate supervisor no later than thirty minutes after the time set for beginning work or prior to leaving work during the normal day. However, should it be determined that the employee was unable to contact the supervisor during the time allotted, sick leave may be approved. To remain eligible for sick leave, employees are responsible for keeping their supervisors advised of illness. The supervisor or the City Manager's Office may require a medical exam, a written statement from a Christian Science practitioner if the employee is a Christian Scientist, a medical certificate, or a statement from a chiropractor or dentist before granting sick leave. The use of sick leave will be charged in units of not less than one-fourth (1/4) hour increments. IV. Funeral Leave An employee may be entitled to a maximum of five (5) days leave with pay, at the discretion of the City Manager, for death in the immediate family as defined in Section III Sick Leave. That time is not chargeable against any accrued vacation or sick leave. Leave to attend the funeral of an employee shall be granted with the approval of the immediate supervisor and the consent of the City Manager. Jury Duty, Other Legal Duties, Voting in Elections Employees shall be granted leave with pay for required jury duty. Such employees shall receive that portion of their regular compensation, which will together with their jury duty pay or fees equal their total compensation for that period. Time spent on jury duty shall not be counted as time worked in computing overtime. An employee excused or released from jury duty during his/her regular working hours should report to his/her supervisor immediately. Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of jury duty is completed by the Clerk of Court each week so the City will be able to determine the amount of compensation due for the period involved. Employees shall be granted leave with pay for appearance before a court, legislative committee or other body as a witness in a proceeding involving the federal government, State of Minnesota, or a political subdivision thereof, in response to a subpoena or direction by his/her supervisor if such attendance is in connection with the employee's official duties. Such leave shall be approved by the supervisor. Supervisors shall have authority to grant leaves of absence with pay to employees for voting purposes. Voting procedures shall be in compliance with applicable State law. ~15- SECTION 5 Jury Duty, Other Leqal Duties, Votinq in Elections (Continued) All leaves of absence for this purpose shall be scheduled in such a manner that no disruption in City services results from such absences. VI. Military Leave All municipal employees who are members of any United States military reserve, members of the Minnesota National Guard, or subject to call or induction into Federal service by the President of the United States shall be entitled to a leave of absence for the period of such active service without loss of status. Any employee who is a member of any United States military reserve or the National Guard, who annually attends, is to receive his/her pay from the City, which, when combined with his/her full military pay will equal his/her pay received from the City the pay period immediately preceding the leave of absence. All vacation, sick leave, and benefits shall accrue, for a period not exceeding fifteen (15) working days in any calendar year. Employees who shall be called or inducted for active military duty of prolonged duration shall receive full pay up to fifteen (15) working days. Upon request of an officer or employee, military leave of absence without pay may be granted by the City Manager taking into consideration good conduct, length of service, efficiency of the employee, and the general good of the municipal service. Such leave of absence shall not exceed one (1) calendar year except when the employee is detailed for military service or is disabled from an injury incurred while in the service of the military. No vacation or sick leave benefits shall accrue during the period of the leave of absence. VII. Iniury-On-Duty Leave Employees injured through ~o misconduct of their own during the performance of their assigned duties and thereby rendered unable to work will be paid the difference between the employee's regular pay and workers' compensation insurance payments, charged to the employee's sick leave, vacation, or other accumulated paid leave benefits. During such injury-on-duty leave, the City shall continue to provide the employer's contribution to insurances, if applicable, up to 120 working days per injury, or until such time the employee has exhausted his/her accumulated sick leave and vacation leave, whichever is greater. VIII. Medical Leave A medical leave without pay may be granted by the City Manager to a permanent employee who is unable to perform the duties of his/her position because of a physical or mental illness, injury, and/or chemical dependency, if the employee has exhausted his/her accumulated sick leave and vacation leave or is ineligible to use such leave. In order to be eligible for a medical leave, the employee must submit a statement from an approved medical authority to the City Manager's office. Such statement must include a definition of the illness or disability, a justification as to why the employee is unable to perform the duties of his/her position, -16- SECTION 5 VIII. Medical Leave (Continued) and an expected date of return to work. The City Manager may require that the employee provide a medical certificate stating that he/she is able to perform the duties of the position prior to his/her return from medical leave. No vacation or sick leave benefits shall accrue during the period of leave of absence. IX. Personal Leave of Absence Upon request of an employee, a personal leave of absence without pay may be granted by the City Manager, taking into consideration good conduct, length of service, efficiency of the employee, and the general good of the municipal service. Such leave shall not exceed one (1) calendar year. No vacation or sick leave benefits shall accrue during the period of leave of absence. Employees shall request such leaves in advance of the date so desired. In no instances shall an employee be granted a personal leave without pay if he/she can use accumulated vacation time. Family/Medical Leave An employee is eligible for Family/Medical leave if the employee has been employed for the preceding twelve months and has worked a minimum of 1,250 hours during the twelve month period preceding the commencement of the leave. Leave may be granted for the following reasons: 1) Because of the birth of a child, and to care for that child; 2) Because of placement of a child with the employee for adoption or foster care; 3) To care for a spouse, child, or parent of the employee if such spouse, child, or parent has a serious health condition; 4) Because of a serious health condition that makes the employee unable to perform the functions of the position. The length of the leave shall not exceed 12 weeks in a 12 month period. The 12 month period is measured on a calendar year basis. Leave shall not be taken intermittently or on a reduced leave schedule unless it is in the best interest of the City or it is medically necessary for a serious health condition of the employee, the employee's spouse, child, or parent. The City may require the employee to transfer to an alternative position of like status and pay. Taking unpaid leave will not affect the exempt status of an employee when leave is taken intermittently. Except in an emergency, the employee is required to provide written notice to the employee's supervisor and the City Manager's Office of not less than 30 days before the date the leave is to begin. If the leave is to begin in less than 30 days, the employee shall provide such written notice as soon as practicable. The City may request from an employee a certification issued by a health care provider to support a requested medical leave to care for a child, spouse, parent, or for the individual eligible employee with a serious health condition. The certification shall be sufficient if it contains the following: -17- SECTION 5 1) The date the serious health condition commenced; 2) The probable duration of the condition; 3) The appropriate medical facts; 4) A statement that the eligible employee is needed to care for the child, spouse, or parent and the estimated time that such employee is needed to care for the family member; or 5) A statement that the employee is unable to perform the functions of the employee's job; and 6) In the case of intermittent care, the dates on which such treatment is expected to be given and the duration of such treatment. The City may require, at City expense, an opinion from the City's Health Doctor. If the opinion from the original employee's certification and City's certification differ, the City may obtain a third opinion, at the City's expense. The third health care provider shall be agreed upon jointly by the City and the employee. The third opinion shall be considered to be final and shall be binding on the City and employee. The City may require the employee to use any or all accrued applicable leave for the 12 week period. On return from leave, the employee shall be returned to a position of like status and pay. During a period that an eligible employee takes leave under this Section, the City shall continue to contribute its share of employee contributions to insurances for not more than a total of 12 weeks. Employer contributions to insurances shall be continued at the level of and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. The employee shall be required to continue payment of the employee portion of the premiums. If the employee fails to return to work, or returns to work for less than 30 calendar days after the family/medical leave, the City may recover the premiums paid by the City for insurances unless the serious health condition of the child, spouse, parent, or employee continues or for other circumstances beyond the control of the employee. XI. Parentinq Leave An unpaid parenting leave of absence of not more than six (6) weeks shall be granted to an employee who is a natural or adoptive parent, in conjunction with the birth or adoption of a child. To qualify for such leave, the following requirements shall be met: 1) Employee shall have worked an average of twenty (20) or more hours per week, and, 2) Employee shall have been employed by the City for at least twelve months, and 3) Employee must submit a written request to his/her immediate supervisor and to the City Manager's office prior to commencement of such leave, and, 4) The leave shall not begin more than six weeks after the birth or adoption, except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. The length of leave granted shall be in addition to whatever paid sick leave the employee is authorized to utilize during such absence. -18- SECTION 5 In order to be eligible for paid sick leave, the employee shall submit a statement from an approved medical authority to the City Manager's Office. Such statement must include a definition of the illness or disability, a justification as to why the employee is unable to perform the duties of his/her position, and an expected date as to when the employee could return to work. An employee returning from a parenting leave of absence of more than four (4) weeks must notify his/her immediate supervisor at least two weeks prior to return from the leave. The City will continue to provide the employer contribution to insurances during the time the employee is on an approved parenting leave of absence. XII. School Conference and Activities Leave A full time or part time employee budgeted for 20 hours or more per week may take up to 16 hours unpaid leave during any 12 month period to attend school-related activities or child care activities for the employee's child which cannot be scheduled during non-work hours. The employee shall provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt City operations. XIII. Bone Marrow Donation Leave A full time or part time employee budgeted for 20 hours or more per week who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave. The City may require verification by a physician of the purpose and length of each leave requested. XIV. Unauthorized Leave of Absence Any absence from duty, including any absence for a day or part of a day, that is not approved by a specific grant of leave of absence under this policy shall be without pay, and the employee shall be subject to disciplinary action, including discharge. Employees who absent themselves for three consecutive working days without approval shall have automatically resigned. However, the supervisor may subsequently decide to grant an approved leave of absence if the circumstances surrounding the absence warrant such action. XV. Resignation An employee may resign from City services by presenting his/her resigna- tion in writing to his/her supervisor. Written resignations must include the effective date of resignation and the reason(s) for leaving. To resign in good standing, a non-exempt employee must give the supervisor at least fourteen calendar days' prior notice. All exempt employees are required to give thirty days' notice prior to resignation. XVI. Retirement There is no mandatory retirement age for City employees. Employees nearing retirement should contact the City Manager's Office at least thirty days prior to their last work day for assistance in filing for retirement benefits. -19- SECTION 5 XVII.Lay-Offs The City Manager may lay-off any employee whenever such action is made necessary as provided in the annual budget by reason of shortage of work or funds, the abolition of a position or because of changes in organization; provided, however, that two weeks advance written notice be given. Any employee may be transferred to another position if he/she is qualified. However, no permanent full-time employee shall be laid-off while there are probationary employees serving in the same class of positions for which the permanent employee is qualified, eligible, and available. Length of service in the same position class may be given consideration. A laid-off employee may be reinstated to his/her former position within one (1) year only and shall not have claim thereto after one (1) year. Employees who have been laid-off will be recalled to their former positions within one year from the date of their lay-off, in the reverse order of the lay-off. XVIII. Travel and Conferences Conference Attendance Leave with pay may be taken for purposes of attendance at professional meetings or comparable activities provided that prior approval of the supervisor and/or City Manager is obtained for periods not to exceed five (5) work days or $3,000. For periods over five (5) work days or $3,000, City Council approval is required. Such meetings must relate to the work of the City and are expected to contribute materially to the background and understanding of the City staff. Any travel expense incurred during such leave is to be borne by the City within the limits of the travel policy. City-Owned Vehicles An employee may be permanently assigned a 24-hour City-owned vehicle in order to perform the duties of his/her position. Such assignments shall be authorized by the City Manager. Use of permanently assigned City-owned vehicles will be reported on the employee's W-2 form, if applicable, in accordance with Internal Revenue Service Vehicle Use Regulations. It is often necessary for many City employees to have City vehicles available to them in order to carry out their duties and functions. All City employees operating any vehicle shall do so in a safe and efficient manner and shall avoid any actions which may damage or otherwise impair the vehicle operation. This vehicle is to be used only for official transportation during normal tour of duty, or at such other times as required for official transportation. Vehicles may be stored at an employee's residence within the City of Columbia Heights during off-duty periods. When the vehicle is stored on an employee's premises, every effort should be made to safeguard this vehicle against theft, vandalism, and the elements. It is preferred that the vehicle be garaged during such periods if this is at all feasible. By doing the latter, it will minimize citizen complaints that vehicles are assigned to personnel for personal use, i.e., transportation to and from work, etc. -20- SECTION 5 In the case of the City-owned vehicle assigned to the custody of City personnel living outside the corporate limits of the City of Columbia Heights, it will be expected that only when job-related duties take the employee more than ten miles from the City (and would therefore be illogical to drive back to the City), will the employee be allowed to park the vehicle overnight at his/her residence. Each time that this occurs, notification shall be made to the supervisor. Should it become necessary for other personnel in the department to use the assigned City vehicle, it shall be the responsibility of the employee to whom such car was assigned to assure that all aspects of this policy are carried out. The responsibility of seeing to the routine and regular maintenance of this vehicle, as required, including regular lubrication, filter changes, etc., as well as seeing to its appearance by periodic washing of the vehicle, is assigned the employee. Gasoline and oil additions between changes may be obtained at the City Garage. Reimbursement for use of City-owned or operated vehicles shall be for gasoline and related car expenditures, only if City gas and oil supplies are not available. A written receipt shall be submitted to the Finance Department for reimbursement. In the event that a City employee is involved in any type of an accident involving property damage or personal injury, it is his/her responsibility to immediately look to the needs of the injured, and to summon the local police of the jurisdiction in which the accident occurred and to notify his/her supervisor as soon as reasonable, but no later than the work shift in which the accident occurred. He/she will also be required to submit a narrative report of the accident and property damage to the supervisor. Caution: Do not give any statements to anyone except the local police and do not admit liability to anyone, including the local police. Liability will be determined by the City's insurance underwriters or by litigation, as the case may thereafter develop. Employees are required to observe traffic laws and safety practices at all times while operating this vehicle. Any abuses of the vehicle or use of same for personal gains or for activities not connected with official duties will be cause for disciplinary action. Privateiv-Owned Vehicles The maximum compensation for use of personal automobiles shall be established by the City Council. (See Appendix A.) The mileage shall be paid based on the most direct route according to Highway Department records. Deviations from the shortest direct route, such as vicinity driving or driving from the employee's residence when the employee's residence becomes the point of departure, shall be shown on the expense account as a daily total, with a separate explanation outlining the reasons for such mileage. No additional reimbursement will be made for incidental expenses to the operation or maintenance of a personal automobile for City business except for payment of toll charges and parking. Out-of-State Travel Payment for expenses for transportation by personal vehicle for out-of- state travel shall be made on the basis of a single coach air fare for each vehicle used. If available, City-owned vehicles may be used for out-of-state travel. The expense for such vehicle will be charged against the out-of-state travel authorization of the department. -21- SECTION 5 When personal vehicles are used in driving to out-of-state locations not available by commercial transportation, travel reimbursement shall be made on an actual mileage basis in accordance with these policies. When mileage reimbursement is made when a City vehicle is used, reimbursement for meals and lodging shall be limited to such periods of time as would be required if travel were by commercial transportation, unless the use of a City-owned or personal vehicle results in a total cost to the City that is less than the cost by commercial transportation. In such cases, reimbursement may be made for additional meals and lodging. When commercial transportation is not available, reimbursement for meals and lodging shall be limited to a reasonable period of time. Commercial Transportation City employees may travel in-state and out-of-state by commercial trans- portation when authorized by their supervisor. When air travel is found to be more advantageous than travel by car, the employee must travel by air or be reimbursed according to the air fare rate. Air transportation shall be by coach class except in those instances where such space is not available. When an employee has a reservation for a flight that is not going to be used, such employee shall be accountable for the cancellation of such reservation. Meals Employees shall claim reimbursement only for the amount actually paid for meals when in a travel status. The amount must be reasonable, taking into consideration the location in which the meal is obtained. Maximum reimbursement for meals shall be as established by the City Council. (See Appendix A.) Reimbursement for an official breakfast, luncheon, dinner or banquet meeting in conjunction with or required by an approved conference, workshop, or seminar shall be the actual cost of the meal. Lodqinq Reimbursement for subsistent expenses shall be as follows: A. Reimbursement for hotel and motel accommodations will be made at actual cost for a single room. Reimbursement for meals, tips, telephone calls, telegrams, secretarial service, and similar items, necessary to the performance of official business shall be allowable. Parking Fees Employees using City-owned or private vehicles shall be reimbursed on an actual expense basis for parking. Charges shall be necessary and reasonable, and consistent with the facilities available. When receipt or other evidence of payment is issued to the employee, such receipt must be submitted with the expense reimbursement request. Special Expenses Special expenses shall require prior approval of the supervisor. Such special expenses for the purpose of the policy are defined as registra- tion or conference fees, or other items incurred not as a direct result of travel on City business. All expenses approved under the provisions of this section shall be processed under the procedures established by the Director of Finance. -22- SECTION 5 Advances A department may, upon request, advance an estimated amount for approved travel expenses, if greater than $50.00, to an employee who will be traveling on City business. Travel advances may be issued upon approval by the City Manager. If a travel advance is necessary, it must be made to the City Manager at least five working days in advance of the departure date. The employee must submit an expense report within ten days after his/her return. An employee who claims reimbursement for hotel and motel expenses incurred in travel shall file receipts for same. An effort should be made to obtain receipts for all other expenditures also. XIX. Leave ADDliCationS Any employee eligible for a leave (except holidays) and desiring to take advantage of such leave must complete and sign a leave application form and submit it to the supervisor for approval. Upon receipt of the application, the supervisor shall submit same to the Finance Department. If the request is for a leave falling within the parameters of a Family/Medical Leave or Parenting Leave, a copy of the leave request shall also be submitted to the City Manager's Office. Should any discrepancies arise about hours worked, eligibility for leave, vacation and/or sick leave balances, etc., the payroll records kept in the Finance Department shall take precedence and be used to settle the dispute. -23 - SECTION 6 Severance Pav Upon leaving City employment in good standing, employees shall receive payment based on their most recent salary level for all vacation leave earned but not taken and for one-third of earned and unused sick leave. II. Insurance The City will contribute up to a designated amount per month toward health, life, and dental insurance for full-time employees. Such coverage shall not be granted to part-time, temporary, and/or seasonal employees. Health The City's contribution toward health insurance includes coverage for full-time employees and their dependents. Depending upon the amount of the City's contribution and monthly premiums, employees may incur an out-of-pocket expense for such coverage. Life The City provides term life insurance to full-time employees. Life insurance coverage for dependents and/or additional coverage for employees is available. Depending upon the amount of the City's contribution and monthly premiums, employees may incur an out-of-pocket expense for such coverage. Dental The City provides dental insurance to full-time employees. Family coverage is available. Depending upon the amount of the City's contribution and monthly premiums, employees may incur an out-of-pocket expense for such coverage. Flexible Benefit Plan Full-time and part-time employees scheduled to work 20 or more hours per week are eligible to participate in the City's Flexible Benefit Plan. The plan offers the option of participating in premium conversion, health care spending account, and/or dependent care spending account. Workers' ComPensation By law, all employees are covered by Workers' Compensation insurance at no cost to themselves for injuries sustained while in the employ of the City. Employees injured on the job shall report such injury to their supervisor immediately. In an effort to assure quality, cost-effective medical treatment for injured employees and to keep them on the job, the City implemented a workers' compensation managed care program. As such, it is mandatory (with some exceptions) that employees go through the managed care plan for medical services for work-related injuries. -24- SECTION 6 III. Pension and Retirement Membership in PERA is available to public employees who meet eligibility requirements. Public employees meeting income and position requirements set by state statute automatically become a member when they begin public service. By state statute, upon retirement, an employee may continue his/her participation in the City's health and/or dental insurance program at the same premium rate as active employees until age 65. Retirees must meet the requirements necessary to receive a disability benefit or an annuity from a Minnesota public pension plan. The City does not contribute toward any portion of the monthly insurance premium for retirees. -25- SECTION 7 Education and Traininq The Education and Training Reimbursement Program shall be as follows: PURPOSE To encourage employees to continue their formal educational training by taking academic courses, on a voluntary basis, to keep pace with the demands of their current job, and to encourage employees to acquire knowledge and develop skills necessary to enable them to seek reasonable promotional opportunities within the City. Formal educational training means academic courses offered by accredited institutions including vocational schools, colleges, and universities, as well as adult education courses. This program is not intended to finance college degrees for employees, but rather to help defray the cost of obtaining training from academic institutions. In offering such a program, the City develops depth within its various departments, along with a better qualified, more well-rounded, effective and efficient work force. ELIGIBILITY REQUIREMENTS Only full-time permanent City employees who have satisfactorily com- pleted their probationary period will be eligible for program benefits. An employee receiving benefits under this program must remain in City employment for at least one year following completion of the course for which they receive reimbursement, since this program is beneficial to the employee as well as the City. By submitting an application for reimbursement, the employee shall agree to remain in the City's employ for one year following completion of the course or agree to refund the reimbursement received within the one year prior to his/her termination (through cash payment or withholding from final paycheck). Participation in the program is on a voluntary basis. Therefore, all coursework must be taken outside the employee's normal working hours. However, in unusual circumstances, an employee may be allowed to attend class during his/her normal working hours. In such cases, the employee will not receive pay for those hours of the normal working day during which he/she is engaged in class-related activities. Proposed coursework must be job-related or coursework which would enable the employee to seek reasonable promotional opportunities within the City. Coursework is considered job-related if: 1. Its content has a direct effect on the knowledges, skills and abilities needed to keep pace with the performance requirements of the employee's current job; 2. Attendance at such course will enhance the employee's effectiveness in his/her current position; and/or, 3. Attendance at such course will benefit the department in which the employee is assigned. Coursework that would enable the employee to seek reasonable promo- tional opportunities (as adjudged by the City Manager or his/her designee) within the City is considered as such if the following conditions are met: -26- SECTION 7 Education and Trainin~ Eliqibilitv Recmirements (Continued) It would enable the employee to meet the minimum qualification standards of the position the employee aspires to within the City, and, It would enable the employee to acquire the knowledges, skills, and abilities necessary to meet the performance requirements of the position the employee aspires to within the City. REIMBURSEMENT This program will reimburse the employee 100% of the approved course tuition for job related courses, and 50% of approved course tuition for courses which would enable the employee to seek reasonable promotional opportunities within the City, and does not reimburse employees for books, student health fees, materials fees, nor registration fees. Approved course tuition is that which does not exceed the University of Minnesota rates for comparable courses (or as adjudged by the City Manager or his/her designee). Expenses for which the employee is compensated through other educational incentive programs, for example, the GI Bill, scholarships, etc. will not be covered. 1. Reimbursement will be provided contingent upon the following: Prior to enrolling in a course, the employee must complete a Request for Educational Assistance Form. The employee must submit the request to the department head for his/her signature. The department head will: 1. Review the request; 2. Ensure it is complete; and 3. Forward the material, including his/her recommendation, to the division head. The division head will review the request, and forward the material, along with a recommendation, to the City Manager. The City Manager will determine whether the employee will be reimbursed for the course, and the amount of reimbursement (based on approved course tuition). The City Manager's Office will notify the employee, department head, and division head of the decision. 2. The employee must pay the initial costs of tuition· Upon completion of the course, the employee shall submit proof of tuition payment and satisfactory course completion to the Finance Department. Receipt from the educational institution shall serve as proof of tuition payment. An official transcript, report, or certificate of satisfactory completion from the educational institution shall serve as proof of satisfactory course completion. Satisfactory completion is defined as receiving a final grade of "C" or better, or if no grades are given, receipt of certification that the employee has "passed" the class. Funding for this program is to be budgeted through the individual department. Maximum reimbursement allowable per employee is $1,500 per calendar year. Reimbursement monies for the program is contingent upon availability of funds. -27- SECTION 7 II. Uniforms Those persons provided with uniforms by the City should check within their department for issuance and replacement policy. Uniforms shall be worn only when an employee is on duty. III. Physical Fitness Pre-placement medical examinations are required of prospective employees upon receiving a conditional offer of employment for specific position classifications. The medical examination will be administered by the City's Health Doctor at no cost to the prospective employee. Whenever a supervisor suspects that the physical condition of an employee is endangering his/her own health, or the health or safety of other workers, he/she may request the employee to submit to a medical examination by a physician, without expense to the employee, for the purpose of determining physical condition relative to City employment. IV. Drug and Alcohol Testing In the event that the provisions of this section conflict with the Federal Omnibus Transportation Employee Testing Act, the Federal Act shall prevail. The Drug and Alcohol Testing Policy of the City of Columbia Heights will conform to the requirements of State Law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988, as follows: A. PurPose The City is adoptin9 a dru9 testin9 policy not out of distrust of the employees, but rather to provide a better working environment for employees, protection of the community, and to protect the health of the individual employee. B. Policy To protect the health and safety of employees and the public, it is the policy of the City that all its employees be drug and alcohol free in the workplace. This policy has been drafted to balance the individual employee's rights against the rights of co-workers and the community. C. Definitions Confirmatory Test; Confirmatory Retest. "Confirmatory test" and "Confirmatory retest" means a drug or alcohol test that uses a method of analysis approved by the Minnesota Department of Health as reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. Drug. "Drug" means a controlled substance as defined in Minnesota Statute 152.01, Subd. 4· -28- SECTION 7 Drug and Alcohol TestinG· "Drug and alcohol testing" means analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statutes 181.953, Subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Initial Screening Test. "Initial screening test" means a drug or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statutes 181.953, Subdivision 1. Positive Test Result· "Positive test result" means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minnesota Statutes 181.953, Subdivision 1. Reasonable SusPicion. "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from these facts. Safety Sensitive Position· "Safety sensitive position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. Random Selection Basis. "Random Selection Basis" means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Drug and Alcohol Testing No person will be tested for drugs or alcohol under this policy without the person's consent. The City will request or require an individual to undergo drug and alcohol testing only under the circumstances described in this policy. If any employee refuses to undergo drug or alcohol testing requested or required by the City no such test will be given, and the employee may be discharged from employment on grounds of insubordination. Job Applicants The City will require a job applicant to undergo drug and alcohol testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position. A job applicant's refusal to submit to drug and alcohol testing will be considered a withdrawal of the application. The job offer may be withdrawn based on a positive test result from an initial screening test that has been verified by a confirmatory test. ~29- SECTION 7 The City has the right to determine which positions within the City may require drug and alcohol testing prior to hiring. If the job offer is withdrawn for failure to pass a drug and alcohol test, the City will inform the applicant in writing of the reasons for its action. Reasonable Suspicion Testin~ The City may request or require an employee to undergo drug and alcohol testing if there is reasonable suspicion that the employee: 1. Is under the influence of drugs or alcohol. Has sustained a personal injury arising out of and in the course of employment, or has caused another person to sustain a personal injury. Has caused a work-related accident or was operating or helping to operate equipment or vehicles involved in a work-related accident. Has violated any City Department's work rules or any section of the City Personnel Manual. 5. Has discharged a firearm other than: a) During a firearm training exercise or firearm testing on an established firing range. When shooting sick or injured animals. While engaged in recreational hunting or shooting. Routine Physical Examination Testin~ The City may request or require an employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than once annually and the employee has been given at least two weeks' written notice that a drug or alcohol test may be requested or required as part of the physical examination. Random Testin~ The City may request or require any employee in a safety sensitive position to undergo drug and alcohol testing on a random selection basis. Treatment Proqram Testing An employee who has been referred for a chemical dependency evaluation and/or treatment program may be required, during the treatment period and for a period of up to two years after completion, to undergo testing without notice. -30- SECTION 7 Procedure Before requesting an employee or job applicant to undergo drug or alcohol testing, the employee or job applicant shall be provided with a copy of the City Drug and Alcohol Testing Notification Form. On the form the employee or job applicant will indicate that the employee or job applicant has seen the policy on Drug and Alcohol Testing. Test Samples: Blood samples shall be obtained in a hospital or medical clinic setting. Urine samples shall be obtained in a restroom at a location determined by the supervisor. The procedures for obtaining a sample shall ensure privacy to the employee or job applicant to the extent practicable, consistent with preventing tampering with the sample. Identification of Samples: Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. Chain of Custodv: The City shall use a testing laboratory which has established a reliable chain-of-custody procedure to ensure proper record- keeping, handling, labeling, and identification of the samples to be tested. The procedure must require the following: Possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory; The sample must always be in the possession of, must always be in view of, or must be placed in a secured area by a person authorized to handle the sample A sample must be accompanied by a written chain-of-custody record; and Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer. Laboratorv: The City shall use the services of a testing laboratory that meets one of the following criteria for drug testing: Is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988; Is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or Is licensed to test for drugs by the State of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law. For alcohol testing, the laboratory must either be: ~31- SECTION 7 Licensed to test for drugs and alcohol by the State of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or Accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program. Retention and Storace: All samples that produced a positive test result shall be retained and properly stored for at least six months. Test Report: The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the City within three working days after obtaining the final test results. Notice of Test Results: Within three working days after receipt of the test result report from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test. The City shall also inform an employee or job applicant of the following rights pursuant to Minnesota Statutes 181.953: The right to request and receive from the City a copy of the test result report. The right to request within five working days after notice of a positive test result a confirmatory retest of the original sample at the employee's or job applicant's own expense. The right to submit information to the City within three working days after a notice of a positive test result to explain that result. The right of an employee for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's benefit plan. The City may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee may be discharged if he/she has either refused to participate in the counseling or rehabilitation program, or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. The right to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. -32- SECTION 7 The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation for, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. The right to access the information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquired information. The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Discipline or Discharqe On the basis of one positive test result on a confirmatory test, the employee may be disciplined. Discipline may include, but is not limited to, the following: a. Transfer b. Demotion c. Suspension. An employee may be required to undergo chemical and/or psychological assessment and required to follow the assessor's recommendations as a condition for continued employment. The employee shall furnish a copy of the chemical and/or psychological report to the City. An employee may be discharged after two incidents resulting in positive confirmatory test results. An employee may be discharged on the first positive confirmatory test result only under the following conditions: The employee has been given the opportunity to participate in, at the employee's expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee has either refused to participate in the counseling program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. -33- SECTION 7 The City may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of a confirmatory test and, if requested, the confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, other employees, or the public. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the confirmatory retest or requested confirmatory retest is negative. Confidentialitv and Privileqe Test result reports and other information acquired in the drug or alcohol testing process are considered private data on individuals as defined in Minnesota Statute 13.02, Subdivision 12. Test results and other information acquired in the drug or alcohol testing process shall not be disclosed to a third party individual, governmental agency, or private organization without the written consent of the employee or job applicant. Notwithstanding paragraphs 1 and 2 of this section, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States Government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee; and (4) to the consulting or treatment professional or drug evaluator. Positive test results acquired under this drug and alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested. Appeal Process When disciplinary action has been taken pursuant to this policy, the employee may have appeal procedures available under the terms of a labor agreement, Civil Service Commission rules, or under the terms of the City Personnel Policy Manual. An employee who is a veteran may have additional rights under the Veteran's Preference Act, Minnesota Statute 197.46. -34- SECTION 7 CITY OF COLUMBIA HEIGHTS DRUG AND ALCOHOL TESTING NOTIFICATION AND ACKNOWLEGEMENT OF RECEIPT FORM The undersigned employee/applicant acknowledges receiving a copy of, and reading and understanding the City of Columbia Heights Policy on Drug and Alcohol Testing. Name (Please Print) Signature Date -35- SECTION 7 Safety and Accident Procedure All City employees are required to become familiar with the safety regula- tions and requirements in effect within their department or division. They shall guard their own safety and that of their co-workers. They are responsible for prompt reporting of all personal injuries and traffic and non-traffic accidents occurring within the course of their employment. The employees shall assist in promoting the program and recommendations of the Safety Committee. They are responsible for reporting all unsafe conditions and acts to their immediate supervisor. Safety procedures and accident procedures have been detailed in the Columbia Heights Safety Manual. Employees should familiarize themselves with such procedures as described therein. It is the policy of the City to provide each employee conditions of employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious injury or harm. -36- SECTION 8 Outside Employment Employees of the City are permitted to engage in outside work, business venture or other activity; however, such employment shall not be acceptable if any of the following conditions apply or develop: A. Where secondary employment would involve the employee's appearance in City uniform, use of City equipment, or in any manner be considered as a conflict of interest with the employee's City position. B. Where it appears that secondary employment has an adverse effect on the employee's sick leave record. C. Where secondary employment impairs the employee's ability to discharge the duties and responsibilities of his/her City position. D. Where employees might be considered to be using their City positions to influence their outside employment. Employees who engage in secondary employment shall do so only with the understanding and acceptance that their primary duty, obligation, and responsibility is to the City. All City employees are subject to call at any time for emergencies, special assignment, or overtime duty, and no secondary employment may infringe on this obligation. II. Release of News Information These rules set forth in this policy shall not restrict the rights of the individual employee to comment in his/her capacity as a private citizen on any public matter. However, no employee covered by the provisions of these rules shall volunteer any information on City business. If requests are made by any representative of communication media, the employee shall refer such request to the supervisor. III. Personal Business The conducting of personal business while at work shall be kept at a minimum at all times by employees. A. Telephones are installed for official use. Employees shall keep the number and length of personal calls to a minimum. Personal long distance calls from City phones shall not be made, unless charged to another telephone number. B. Employees are discouraged from receiving personal mail at their working address. C. Employees shall discourage friends, etc. from making personal visits at the employee's post of duty. If such visits do occur, the employee shall make such visits as brief as possible. D. City stationery and supplies are for official use only and shall not be used for personal business. -37- SECTION 9 II. III. IV. Discrimination No person in the competitive service or seeking admission thereto shall be employed, promoted, demoted, or discharged, or in any way favored or discriminated against because of race, color, creed, religion, national origin, sex, disability, age, marital status, membership or activity in a local commission, status with regard to public assistance, or sexual orientation. For further clarification, contact the City Manager's office. Sexual Harassment Harassment of others in the workplace is unacceptable behavior on the part of its employees and such behavior is just cause for the most severe disciplinary action. Sexual harassment is a particular form of employee misconduct which undermines the integrity of the employment relationship. All employees are entitled to work in an environment free from unsolicited and unwelcomed sexual overtures. It is the firm commitment of the City of Columbia Heights to promote such an atmosphere. Any employee who feels that he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment, is required to contact any of the following persons: Assistant to the City Manager and/or the City Manager. The City of Columbia Heights has a commitment to attempt to maintain a productive working environment free from all discrimination. This policy is designed to promote its philosophy and practice. For further clarification, see the Sexual Harassment Policy or contact the City Manager's office. Veterans Preference Nothing contained herein is intended to supercede any law of the State of Minnesota relating to preference in the employment or dismissal of any person who is an honorably discharged veteran of the Armed Forces of the United States of America; and in all cases, the procedures required by any such statutes shall be applicable. Competitive Service All offices and positions in the City's employ, now existing or hereafter created, shall be subject to the provisions of this policy except that: A. The following offices and positions shall be wholly exempt from the provisions of the policy: 1. Officials elected by the people. 2. Members of boards and commissions. 3. Volunteer personnel and personnel appointed to service without pay. 4. City Manager. 5. Persons engaged under contract to supply expert, professional, technical, or any other services. 6. Those employees hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or natural disaster which threatens life or property. -38- SECTION 9 VI. VII. VIII. Employees subject to the provisions of Civil Service regulations or union contracts shall be exempt from those provisions of this policy which are superceded by such Civil Service regulations or union contracts. Administration of Policy The City Manager is vested with full authority over all personnel and personnel matters: The City Manager may delegate authority to one or more persons formally designated by him/her and shall make and enforce appropriate rules and regulations to carry into effect the provisions, intent and purpose of this Personnel Policy. EmPloYee-Public Relations Successful public relations is a most important element in every City employee's job. An employee shall be particularly courteous in handling citizens' complaints, whether or not these complaints seem justified. An employee shall be considerate, pleasant, prompt, and brief in all dealings with others. The impression made by an employee over the telephone or in person, whether good or bad, will be remembered by the citizen as an impression by the City of Columbia Heights. Political Activity No officer, agent, clerk, or employee of the City shall, directly or indirectly, during his/her hours of employment solicit or receive funds, or at any time use his/her authority or official influence to compel any officer of employee of the City to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Gifts and Gratuities Employees shall be prohibited from requesting or soliciting any gift or gratuity from any other employee or member of the general public. Employees shall also be prohibited from accepting an unsolicited gift or gratuity from an employee or member of the general public. The prohibition does not apply if the gift or gratuity includes the following: a. A plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause. b. A trinket or memento of insignificant value. c. Informational material of unexceptional value. d. Food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program. e. If a gift is given because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given to the other members of the group f. Gifts from a family member. g. Usual or customary gift giving among employees during the holiday season, birthdays, retirements, weddings, baby showers; rolls, cookies, flowers, etc. provided by co-workers. -39- APPENDIX A TRAVEL AND MEAL COMPENSATION Mileage The reimbursement for use of a personal vehicle is: Standard mileage rate established by the IRS. Reimbursement for Meals Maximum reimbursement, not including sales tax or gratuity, for meals is: Breakfast $ 8.00 Lunch $15.00 Dinner $27.00 Maximum daily reimbursement, not including sales tax or gratuity, for meals when attending an in-state or out-of-state conference of one day or longer is $50.00. -40- CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO= ~' A'~ ITEM: 2001-2003 IUOE LABOR AGREEMENT NO: The current labor agreement between the city ORIGINATING DEPARTMENT: CITY MANAGER ' S CITY MANAGER ' S APPROVAL BY: LINDA L. MAGEE [-~ : t r t f Operating Engineers, Local 49, representing public works employees, terminates on December 31, 2000. Negotiations between the City's negotiation spokesperson and IUOE have resulted in a mutually acceptable labor agreement for calendar years 2001, 2002, and 2003. The proposed changes are as follows: Waqes: 2001: 3.5% adjustment over 2000 wages 2002: 3.5% adjustment over 2001 wages 2003: 3.5% adjustment over 2002 wages Combining of Maintenance I and Maintenance II classification to Maintenance Worker, and establishment of two tier wage system for new hires effective January, 2002. Insurance: 2001: $475 per month (2000=$455 per month) 2002: $505 per month 2003: $535 per month Recoqnition Combining of Maintenance I and Maintenance II into one classification of Maintenance Worker. Job Postinq and Promotion Deletion of article providing for promotion from Maintenance I to Maintenance II upon reaching the sixth year of employment. Deferred ComDensation: Employer shall pay on a dollar-for-dollar matching basis; $300 per full-time employee for 2001; $300 per full-time employee for 2002; and $300 per full-time employee for 2003 (2000=$300). Workinq Out of Classification Pav Deletion of $.50 per hour out-of-classification pay for operation of specific pieces of equipment, and deletion of $.20 per hour out of classification pay for operation of specific pieces of equipment. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2001, 2002, and 2003. The total cost package over the three years is 11.97%. Also attached is a Uniform Settlement Form. Minnesota Statute 179A.07, Subdivision 7, requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. ICOUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: CONSENT NO: ITEM: 2001-2003 IUOE LABOR AGREEMENT NO: ORIGINATING DEPARTMENT: CITY MANAGER'S BY: LINDA L. MAGEE DATE: 12-6-00 Page 2 of 2 CITY MANAGER'S APPROVAL BY: DATE: The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.07, Subdivision 7. It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the UniformSettlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-94, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2001- December 31, 2003. COUNCIL ACTION: RESOLUTION 2000-94 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003. WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a-part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003, for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,2000. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 12/11/00 AGENDA SECTION: CONSENT AGENDA NO: ~- A' ~ ITEM: RESOLUTION ADOPTING SNOW AND ICE CONTROL POLICY FOR 2000/2001 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hartsen ~/ DATE: 12/5/00 CITY MANAGER DATE: Background: The Snow and Ice Control Policy was reviewed by city staff and updated this year (copies distributed previously). Several changes have been made in the assignment of plow routes to make better use of new equipment and improve salt/sand application. Based upon an October 8th, 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities (LMC), it is recommended by attorneys at the LMC that every city have a snow and ice control policy that is reviewed annually by the City Council and approved by resolution. Our policy had been reviewed with the Council in the past but a resolution approving the City's Snow and Ice Control Policy had never been adopted. In 1998 and 1999 Columbia Heights City Council followed the LMC recommendations and approved the Snow and Ice Control Policy by Resolution. Analysis/Conclusions: Public Works staff updated the policy and has also held an annual meeting with staff from the Police, Fire, Administration, Recreation and Library for review and comment on the policy and any proposed changes. In an effort to improve snow removal and ice control, the following changes from 1998 to 1999 have been made: The ratio of salt to sand has been changed from 1 to 4 to 4 to 1. The Police Department will use the 1992 Chevy 4 x 4 pickup (~420) in case of emergency. The new dmnp track Unit #68 equipped with reversible front plow, wing plow, underbody plow and spinner sander has been assigned to plow the SE Quadrant. Three sand barrel locations have been deleted based on historical use - 3827 Reservoir, 4464 Stinson, 4410 Stmson. Recommended Motion: Move to waive the reading of Resolution #2000-90, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2000-90 adopting the 2000/2001 Snow and Ice Control Policy for the City of Columbia Heights. KH.'jb Attachment: Resolution COUNCIL ACTION: RESOLUTION NO. 2000-90 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 11m day of December, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz Deputy City Clerk CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT SNOW AND ICE CONTROL POLICY 2000/2001 Adopted by City Council 12/11/00 MASTER PLAN FOR SNOW PLO'~VING, ICE CONTROL AND REI~IOVAL The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concems. The City will use city employees, 'equipment and/or private contractors to provide this service. POLICY The types of snow, wind conditions, time of day and time of the year the snow falls will affect the decision on when snow plowing and ice control operations will be performed. It has been our general policy to begin plowing snow when there is three inches or more of accumulation. Plowing may also be scheduled when consecutive smaller snowfalls, within a short time frame, amount to three inches. Plowing during the parking ban has proven to be the most efficient. Generally, operations shall continue until all roads are passable. Widening and clean-up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snow plowinodremoval operations may be terminated after 10-12 hours to allow personnel adequate time for rest. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited visibility. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. The City will still provide access for emergency fire, police and medical services during a major snow or ice storm. CALL-OUTPROCEDURE During non-City office business hours, the Police Department notifies the County Central Dispatcher, who in turn alerts the duty person of the conditions. In the case of a call for sanding, duty person will call out the required number of sanding trucks. In the case of an unscheduled request for plowing, the duty person notifies the Public Works Superintendent, who, in turn, makes the decision to begin plowing operations. If the Superintendent is not available, the duty person will contact the Public Works Director, Street Foreman or City Manger in that order. Should the Superintendent have any questions or concerns, the Superintendent shall confer with the Public Works Director. The Public Works Superintendent has pre-arranged a schedule of assignments for personnel and equipment. On evenings and weekends the employees are called out based on department, overtime priority and availability. .. PRIORITIES The following general priorities shall be observed for snow plowing, ice control and removal. Some priorities are performed simultaneously depending on conditions and existing situations. Priority # 1 - Main thoroughfares, low volume residential and commercial streets, Fire and Police Department ramps and accesses, alleys, cul-de-sacs, dead ends, pump and lift statiot,. accesses. -2- Priority #2 - Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. Priority #3 - Clear intersections for visibility, walkways through parks, skating and hockey rinks, bus stops needing clearing for handicap accessibility and the Municipal Service Center walkways and stairways. Priority #4 - Industrial and school hydrants. Priority #5 - Hauling snow when necessary. (Business District, parking lots, widening streets, etc.) Priority #6 - Roof maintenance JPM, Police Station, Library. Check for ice, dams and plugged drains. Priority #7 - Residential hydrants. Assist Adopt-a-Hydrant Program. PLOWING EMERGENCY - PERSONNEL & EQUIPI~IENT A. Assignments by department 1. The Street Department shall do as follows: a.. Assign personnel as necessary for street plowing and sanding operations. b. Remove snow from main thoroughfares and apply salt and/or sand. c. Remove snow from residential streets and alleys and apply salt and/or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. The Sewer and Water Department shall remove snow according to the following priorities: Furnish personnel as necessary for street plowing operations. Plow entrances and areas around tower sit. e, pump houses, and lift stations. Clean sidewalks and entrances at the Library before it opens and, if necessary, in the afternoon. The sidewalk snow removal will be done by personnel employed by the Library under the School Work Program, if available. Personnel can then assist others who are hand shoveling other areas. Personnel shall assist the Fire Department in digging out hydrants as they become available. Certain hydrants have been designated as critical and will be witnessed by reflective hydrant markers. The -3- Park Department shall remove snow according to the following priorities: Fumish personnel as necessary for street plowing operations. Clear snow and deice all City Hall, Police Department, Fire Department and JPM sidewalks and entrances. Fire Department: For snow conditions of three inches or more the Fire Department shall initially clear all doorways, stairs, the bus shelter, and open the walks around City Hall. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished, Public Works shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewalks and entrances on weekends, holidays and evenings. If conditions warrant, they may use the snow blower from the Fire Department. c. Remove snow from municipal sidewalks · City Hall and parking lot · Recreation and JPM - Mill St. sidewalk · Library - 40th Avenue sidewalk and Jackson Street sidewalk · Van Buren - parking lot and sidewalk along side Anoka County building d. Remove snow from miscellaneous designated sidewalks · Central Avenue between 4022 and 4024 · 49th, University to Monroe · 40th, University bus stop, 3rd St. to University, Central to Hayes. · 37th Avenue, noah side, Reservoir to first alley east · 5m Street, 47th-48th, east side sidewalk · 4601 Jefferson Street - driveway entrance · 42"d and University (walk bridge) - west side · 44'h Avenue (Tyler Street to Reservoir Blvd.) · Central Avenue sidewalk in front of 4150 Central Avenue e. Remove snow from Park sidewalks · Jefferson Street, Huset east and west · Jackson Pond, south end sidewalk · Edgemoor Park, 2"a Street sidewalk · Ostrander Park, Tyler Street sidewalk and front entrance sidewalk · Wargo Park, exterior sidewalk f. Remove snow from Park pathways · McKenna park pathway · Sullivan Park pathway - Note: New patl';~ay from lift station to Central Ave. has been added. · LaBelle Park pathway · Prestemon Park pathway · Curt Ramsdell Park pathway g. Remove snow from skating areas and park parking lots. h. Roof Maintenance JPM, Police Station, Library · Remove ice dams and unplug roof drains. -4- Weekend Skating Rink Maintenance Weekend maintenance of skating rinks would be done on a call-out basis. Department will be considered the home department for these call-outs. The Park Criteria for call-out . · · NO SNOW, NO MAINTENANCE · Amount of snowfall must exceed ¼" before 5:00 a.m. Saturday and/or Sunday · If snowfall exceeds 2" before 5:00 A.M. Saturday and/or Sunday. Duty man should call supervisor to coordinate rink maintenance with general plowing. · If it snow later in the day on Saturday, we will clean the rinks on Sunday morning. · If it snows later in the day on Sunday, we will clean the rinks on Monday. Call-out procedure · Duty man will call out one person from the Park Department to assist with rink maintenance. · The duty person will make the call out no later than 5:00 A.M. on Saturday and/or Sunday. Job Assignments · Duty person will shovel library on Saturday · Senior park person will be assigned to the sweeper. All rinks must be swept. Duty person will blow snow around the hockey rinks and shovel around the gates. · Rink maintenance operations will begin at 6:00 A.M. Saturday and/or Sunday. The Sign Department personnel shall hand shovel the pedestrian bridges and spread aleleer. · Fumish personnel as necessary for street plowing operations. · 42"d and University (walk bridge) · 49th and Central (walk bridge) , The Engineering Department Techs shall remove snow and deice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow from the pedestrian bridges. Drivable Equipment Used in Snow Emergencies: Heavy Equipment #7 #9 #14 #104 #128 Caterpillar front end loader with plow (t~vo stage snow blower - used for snow removal) Case front end loader with front plow and wing Caterpillar motor grader with plow JCB bac'khoe loader Caterpillar backhoe loader -5- #19 #45 #68 #69 #70 #99 #200 #218 Dump Trucks # 18 1 ton Ford dump truck with front plow. 33,000 G.V.W. GMC dump truck with front plow, underbody plow and sander (NW Quadrant) 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (Alleys) 33,000 GVW Sterling dump truck with reversible front plow, underbody plow, wing plow and sander (SE Quadrant) 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (NE Quadrant). 54,000 G.V.W. Ford Tandem dump truck with reversible front plow, underbody plow, wing plow and sander (Main drags). 33,000 G.V.W. Ford dump truck with reversible front plow, underbody plow, wing plow and sander (SW Quadrant). 1 ton Ford dump truck with front plow 1 ton Ford dump truck with front plow Pickups #12 4 x 4 3/4 ton Chev pickup with plow # 125 4 x 4 3/4 ton Chev pickup with plow #207 4 x 4 3/4 ton Chev pickup with plow - (designated for park use) #420 4 x 4 3/4 ton Chev pickup (designated for Police use until streets are passable) Misc. Equipment #217 Melroe Bobcat (with snow bucket attachment) #296 MT Trackless (with snow blower), plow and broom Street Plowin2 Routes Attached are maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, parking lots and snow removal areas. 1. Main thoroughfares - Tandem dump truck and motor grader 2. Quadrants SW, NW, SE, NE - dump trucks 3. Thru-alleys - #45 dump truck with V plow 4. Dead-end alleys and cul-de-sacs - Pickups and 1 ton dump trucks 5. Parking lots - front end loader (#7 and #9) 6. MSC, SACA, Library, load sand trucks backhoe JCB/ti04 - Backhoe Caterpillar #128 When a starting time is determined, the following procedures are followed: Main Thoroughfares Tandem dump truck #70 and motor grader #14 will work together to plow: · 3Th Avenue, Central to Stinson (or) 37th Avenue, Main to Central · Main Street, 3Th Avenue to 40~h Avenue. · 40~ Avenue, University to Stinson -6- Stinson, 40th Avenue to 43~d Avenue Benjamin - 43~d Avenue to 45~ Avenue 44m Avenue, Main St. to Arthur Arthur Street, 44m to 45m Avenue 45a' Avenue, Arthur to Stinson 49m Avenue, University to Fairway Drive Fairway Drive, Upland Crest to Fairway Drive When the main thoroughfare combined mutes have been completed, the grader will proceed to NE Quadrant and assist with plowing the avenues. Tandem dump truck #70 will plow the remainder of the main thoroughfares. · 39a' Avenue, 5~ Street to Central Avenue · 45th Avenue, University to McLeod · McLeod, 45th Avenue to Reservoir Blvd. · 51 ~t Avenue, University to Central · Fillmore, 46th Avenue to 49~ Avenue · 46th Avenue, Fillmore to Reservoir Blvd. · Reservoir Blvd., 37th Avenue to 46th Avenue · Chatham Road, 45~h Avenue to Fairway Drive · Stinson Blvd., Fairway Drive to Silver Lake Beach · Arthur Street, 39th Avenue to 44th Avenue · Hart Blvd., 37th to 39th Avenue The tandem will have the primary responsibility for applying salt and/or sand to the main thoroughfares. Ouadrants Four dump truck plows - each operator is assigned to a specific quadrant. SW Ouadrant. This area is from 371h Avenue to 451h Avenue from Main Street to Central Avenue. In this quadrant we have two main arterials we open up first. They are the Jefferson Street and University Avenue Service Road. The operator in this area will plow Jefferson and the Service Road before plowing any other streets or avenues. When these two streets have been plowed, the operator will start plowing on 371h Avenue and Van Buren Street going north and working in a westerly direction. Usually when the operator reaches University Avenue, one of the other plows from a different quadrant is finished an.d, will help to finish the area west of University Avenue. Alternate starting points may be used each time. Note: We share the responsibility of plowing 371h Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 371h Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we altemate segments each year. The a~eement period is October 1st to October 1 st. For 2000-2001 Columbia Heights maintains Central Avenue to Stinson Blvd. NW Ouadrant This area includes University Avenue to Central from 451h Avenue lt0~53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has two main arterials -7~ plo~ved first, that being Jefferson Street and the University Avenue Service Road. The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Alternate starting points may be used each time. SE Ouadrant. This area includes 371h Avenue to 451h Avenue between Central Avenue and Stinson Blvd. In this area the plow starts plowing Tyler Street from 371h Noah and then works avenues from 371h to 44th, then streets easterly to Stinson Boulevard. When this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Altemate starting points may be used each time. Note: We share the responsibility of plowing 371h Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 371h Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we altemate segments each year. The agreement period is October 1 st to October 1 st. For 2000-2001 Columbia Heights maintains Central Avenue to Stinson Blvd. NE 0uadrant: This area includes 45th to 51" 1/2 Avenues from Central to Stinson. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition, Innsbrock Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Altemate starting points may be used each time. Thru-Alleys The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 371h to 451h Avenue and works its way east. Alternate starting points may be used each time. Equipment problems may require the use of 4-wheel drive vehicles to clear alleys, as last resort. Dead-end alleys and cul-de-sacs The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get at places. When each operator has their o~vn designated areas finished, they will check with the other operators and will help ei~h other finish plowing where needed. They may assist the "V" plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parkins lots The plow route for #9 front end loader, #7 front end loader, #104 backhoe and #128 backhoe is as follov,'s: -B- 2. 3. 4. 5. 6. Administration Building, Police & Fire lots M.S.C. Area (includes SACA driveway) JPM lot on Mill Street Library Van Buren lot south of 40th JPM rear lot, then wherever needed, (i.e., other lots, intersections, drifted areas, etc.), priority mainly depends upon the amount of snowfall. ICE CONTROL When there is any accumulation of snow or ice, it normally is necessary to salt and/or sand streets. This function begins when reports from the police indicate that slippery conditions exist. On weekends and evenings the duty person is called by the Police or County Central Dispatcher. The duty person organizes the sanding operation based on the Superintendent's standing instructions. Main thoroughfares, busy intersections, hills, emergency routes, are given priorities. Police reports of slippery conditions are also considered. Application is limited on low volume streets and cul-de-sacs. Sanding provides for traction but is not intended to provide bare pavement during winter conditions. Salt and sand is ordered and mixed in controlled quantities, usually 300 ton at a time. The standard mix ratio will be 4 parts salt to 1 part sand. Mix ratios salt to sand may vary to maximize effectiveness. Salt sand will be fumished for residents in the designated area behind the Municipal Service Center outside the Recycling Center. The City cannot be responsible for damage to grass caused by the salt/sand mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way. SAND BARRELS Sand barrels are located at the following 14 locations throughout the City. They are put in place the first week of November and removed by the 15th of April. EAST SIDE · Alley behind 3813-15 Pierce St. · 1305 371h Ave. CNE comer of 371h & Pierce) . · 3850 Stinson Blvd. (by Heights Manor NortheaSt Senior Housing) · Across from 4088 Stinson Blvd. (by street sign) · 3984 Reservoir Blvd. (SW. comer of40th & Reservoir) · 2 Ban'els at 965 40th Ave. (High Rise) - 1 east of Bus shelter and 1 rear of building at service garage. · 1300 Pierce Terrace (SE comer) WEST SIDE · 4707 Jefferson (by driveway north side) -9- 951 46 1/2 Ave. (noah side by pole) 4101 Washington (NE comer) 4059 Monroe (on 41st Ave. by alley by pole on west side) 590 40th (police lot by steps) Behind Murzyn Hall (back door entrance) 530 Mill St. Alley behind 3935 Van Buren (by steps on the noah side) As we approach the end of the winter season, the Public Works Department concentrates on exposing catch basins in critical areas where early runoff may cause serious damage. Storm drains are inspected for freezing. Some steam thawing may be necessary. SNOW REMOVAL Ceaain actions and areas were designated by the City Council on January 11, 1982, and amended from time to time, for services. These services are shown on the attached drawing # 1. They specifically point out services other than normal street plowing and ice control that the City will perform. When accumulated piles of snow in the business areas, around schools, churches and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1 ) Huset Park East Quincy parking lot, (Note: restricted to day time use), 2) Huset Park East Jefferson lot, and 3) Silver Lake Beach parking lot. Snow Removal at Library A. Parking Lot The Library parking lot will be cleared in accordance with the priorities established in this policy. the lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks During the work week, two members of the Sewer & Water Department will remove snow and ice from the sidewalks, stair wells and entrances to the Library before the Library opens and, if necessary, in the aftemoon. The sidewalk snow and ice removal will be done by personnel employed by the Library under the School Work Program if available. The Weekend Duty Person will be responsible for clelring snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions warrant, may call out the weekend duty person for assistance. Note: Weekend Duty Person is not responsible for clearing snow and ice from stair wells. PLOWINGaCE CONTROL INFORMATION 3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING 2. FIRST PRIORITY - MAIN DRAGS, ARTERIALS, AND RESIDENTIAL AREAS 3. ALLEY PLOWING: * "THRU-ALLEYS" PLOWED WITH "V" PLOW DEAD END ALLEYS PLOWED WITH PICK-UPS AREAS ARE TO BE SALT/SANDED IN CONJUNCTION WITH PLOx, VING OPERATIONS - OTHER SANDERS OUT AS PLOW OPERATORS FINISH. EMERGENCY ICE CONTROL - 4 SALT/SANDERS - 4 ON STREETS, ALLEYS TO BE DONE AFTER STREETS ARE COMPLETED SNOW DEPTH 1" TO Y - PLOW DRIVING LANES AND APPLY SALT/SAND 5. 53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS - ICE CONTROL 6. STINSON BLVD. FROM 37TM TO 40TH: ST ANTHONY PLOWS - COLUMBIA HEIGHTS ICE CONTROL 37TH AVENUE MAINTENANCE: · MAIN STREET TO CENTRAL AVENUE (2000-2001) MINNEAPOLIS · CENTRAL AVENUE TO STINSON BLVD. (2000-2001) COLUMBIA HEIGHTS (SEGMENTS ALTERNATE EACH YEAR) 1 i. :"-I Z 0 Z _( --I 'rl 0 Z Z CITY COUNCIL LETTER Meeting of.' 12/11/00 AGENDA SECTION: CONSENT AGENDA NO: q - A - t~ ITEM: APPROVAL OF PURCHASE AGREEMENT FOR SINGLE FAMILY RESIDENTIAL PROPERTY AT 1307 42t'q~ AVENUE ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen ~ DATE: 12/05/00 CITY MANAGER Background: An extensive engineering study was undertaken in 1998 and completed in 1999 evaluating various locations throughout the City with storm water problems. The largest study area, Jackson Pond, recommended the most feasible alternative for three separate sites would be the acquisition, demolition, and site grading of three residential properties. At their September 12% 2000 regular meeting, the Council authorized the fn'm of Wilson Development to assist the City with the acquisition process. At their November 27th, 2000 regular meeting, the Council authorized Wilson Development to begin the negotiation process for property acquisition as recommended in the 1999 Storm Water Study. Analysis/Conclusions: Based upon an independent appraisal firm, the fair market value was offered and accepted by the owners of 1307 42"d Avenue. The comparable 'differential' was waived by the homeowners. As indicated in the November 27th staff report, moving costs of $1,450 and closing costs $3,800 are additional costs and listed out separately in the agreement. Funding will be provided by the City's Storm Water Utility and DNR Flood Mitigation Grant funds, on a 50/50 cost share. As detailed in the Storm Water Engineering reports, the next step would be for the home to be removed, the lot to be graded and restoration to be completed. Public Works would then have the responsibility for seasonal maintenance on the property. Recommended Motion: Move to authorize the Mayor and City Manager to execute the purchase agreement for the acquisition of 1307 42"a Avenue in the amount of $ 111,500 for flood mitigation purposes with ~mds from the City' s Storm Water Utility and DNR Flood Mitigation Grant tim& on a 50/50 cost share. rd-~.'jb Attachment: Purchase Agreement for 1307 42na Avenue COUNCIL ACTION: Page 1 of 6 Address: 1307 42"a Avenue NE Columbia Heights, MN 554421 REAL ESTATE SALE/PURCHASE AGREEMENT THIS AGREEMENT, made as of the ~q7~h day of/~c~'e~ber, 2000, by and between d~ter Iq. trod ~ctt4~-~'~ [<'r~,qeL , hereinafier referred to as Seller, an e City of Columbia eights, a municipal corporation, hereinaf~er referred to as Buyer. WITNESSETH: WHEREAS, Seller owns certain real estate situated at 1307 42"a Avenue NE, Columbia Heights, Minnesota, and legally described below; and WHEREAS, Buyer wishes to purchase and Seller is willing to sell to Buyer said real estate; and WHEREAS, the parties wish to define their respective rights, duties and obligations related to the sale/purchase of said real estate. NOW, THEREFORE, in consideration of the mutual promises and the respective agreements contained herein, the parties hereby agree as follows: 1. Prohetty The Seller hereby agrees to sell and the Buyer hereby agrees to purchase the following described real estate located in the City of Columbia Heights, State of Minnesota, to-wit: The east 56 feet ofthe south 150 feet of Lot 46, Block 3, Reservoir Hills (except the south 5 feet thereof) Page 2 of 6 2. Purchase Price The purchase price for the subject property shall be the sum of Cr~e, hu~re.~ deveA '~-~o~sttc~ ~ ve ~t~,dre~Q 'rht,, ,.,.,,.r! and 00/100 Dollars ($ ~ I I, 5'00. oo ) payable at Closing. 3. C!osinl, The closing shall be on or before ~fO.n~tct~' ~'# 2.oo~ or with in 30 days after all title objections have been satisfied by the Sel~r, if any have been made by the Buyer. 4. Possession The Seller further agrees to deliver possession no later than ~e.)o. 5" ,2004, provided that all conditions of this agreement have been complied with. All charges for city water, city sewer, electricity, natural gas, and real estate taxes shall be prorated between the parties as of date of possession. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. Any personal property not removed by the date of possession, shall be considered the property of the Buyer. 5. Deed/Marketable Title Subject to performance by the Buyer, the Seller agrees to execute and deliver a Warranty Deed conveying marketable title to said premised subject only to the following exceptions: 6. Title (a) Building and zoning laws, ordinances, State and Federal regulations (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) The Seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The Buyer Page 3 of 6 shall be allowed 15 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the Seller shall be allowed 60 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the Buyer, the parties shall perform this agreement according to its terms. If Seller shall fail to have said 'exceptions removed or satisfied within the time provided, Buyer may elect to do one or more of the following: (a) remove or satisfy the exceptions on behalf of Seller and at Seller's cost and expense, all of which costs and expenses shall be deducted fi-om the purchase price at closing; (b) elect to purchase the properly subject tot he exceptions; and/or (c) declare this Agreement null and void (in which case neither party shall have any further liability or obligation to the other. In the event Buyer elects to remove or satisfy the exceptions on behalf of Seller in accordance with alternative (a) above, Seller shall cooperate with and assist Buyer in all reasonable respects. 7. Real Estate Taxes Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar basis to the 'actual date of possession. 8. Snecial Assessments Seller shall pay on date of closing all installments of special assessments. Seller shall pay on date of closing all other special assessments levied as of the date of closing. Seller shall provide for payment of all special assessments pending as of the date of closing for improvements that have been ordered by the city or other assessing authorities. Seller shall pay on the date of closing, any deferred taxes. 9. Seller Warranties Seller warrants that buildings, are or will be, constructed entirely within the boundary lines of the property. Seller warrants that t.h.ere is a fight of access to the property from a public fight of way. These warranties shall survive the delivery of the deed or contract for deed. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure on or improvement to the property. Page 4 of 6 Seller warrants upon execution of this Agreement, Seller will not rent the properly once it is vacated by any person now occupying same. Seller warrants Seller has executed no option to purchase, right of first refusal, or any other agreement giving any person or other entity the fight to purchase or other,vise acquire any interest in the property, and Seller is unaware of any option to purchase, right of first refusal, or other similar fights affecting the property, except as otherwise noted in the title commitment for the property. Seller has received no notice of any action, litigation, investigation or proceeding of any kind pending against Seller, nor to the best of Seller's knowledge is any action, litigation, investigation, or proceeding pending or threatened against the Subject Premises, or any part thereof. On the Date of Closing, there will be no service contracts in effect in connection with the Subject Premises, except those which are terminable on thirty (30) days' written notice. 10. Risk of Loss If There is any loss or damage to the property between the date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on Seller. If property is destroyed or substantially damaged before the closing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement. 11. Time of Essence Time is of the essence in this Purchase Agreement. 12. Accentance Seller understands and agrees that this Purchase Agreement is subject to acceptance by Buyer in writing. 13. Default If the title to said property shall be found marketable or be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the Seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said Seller, as liquidated damages, time being of the essence hereof. This provision shall not deprive Page 5 of 6 either party of the fight of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be comeneed within six months after such right of action shall arise. 14. Environmental Concerns To the best of the Seller's knowledge there are no hazardous substances, underground storage tanks, or wells except herein noted: 15. Well Disclosure Buyer acknowledges receipt of a well disclosure statement from Seller attached as Exhibit A to this Agreement. 16. Individual Sewaide Treatment System Disclosure Seller discloses that there is not an individual sewage treatment system on or serving the Property. 17. As-Is-Basis It is specifically agreed that the Real Property is being conveyed to the Buyer by the Seller in "As-Is Condition" ("with all faults"). 18. Ripht of Entry Buyer is duly authorized agents shall have the right during the period from the date of this Agreement to closing, to enter in and upon the Premises in order to make, at Purchaser's expense, surveys, measurements, wetland delineations, soil tests, and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Premises and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, suits, proceedings, demands, asse.~sments, costs, expenses and attorneys' fees. 19. Brokers Commissions In the event Seller has retained the services of any agent, person, corporation or firm to assist in the sale of the property who, in turn, is entitled to a commission by reason of this Agreement and the closing hereunder, Seller hereby agrees to indemnify and hold Buyer harmless from any liability arising therefrom. Page 6 of 6 20. Entire Agreement This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other written or oral agreements between Seller and Buyer. This Purchase Agreement can be modified only in writing signed by Seller and Buyer. 21. Incidental Exnenses All expenses ofexarnination oftitle, transfer tax, preparation and recording of deed, appraisal, closing fees, lot surveys, etc. will be paid by the Buyer. Any cost incurred to remove any of Buyer's title objections on the title to convey a good and marketable title to said premised subject shall be the responsibility of the Seller. 22. Addendure A - Waiver of Relocation Benefits SELLER: I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. BUYERS: Final Acceptance Date: ~VAIVER AGREEMENT REGARDING RELOCATION BENEFITS AGREEMENT made this ~q~" day of Nevem~r .2000, by and between ~,xev- c~\ ~ "~ ~r~ ~e~rjo~y~fe~ed~ as"O~e~'), ~d~e ~y of ~lmbi~ Heigh~ ~ere~r refemd ~ as "Buyer) WHEREAS, Owner is the fee owner of certain real property and improvements used for residential purposes located at l .~7 ~ Ze~4 He, N~, Gi,,~l~ ~' ereinafier "subject property"), in the City of Columbia Heights, County ofAnoka, ~a~ of Minnesota; and WHEREAS, Owner knows and understands certain rolocation benefits are available, pursuant to Minnesota Statute No. 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. No. 4621 et seq., (hereinaf~er referred to as "Uniform Act") from the Buyer and/or The City of Columbia Heights to assist in the relocation of the personal residence at the subject property, which relocation benefits Reimbursement of Moving Expenses You may choose between either a payment for your actual reasonable moving and related expenses or a fixed money expense and dislocation allowance. Replacement Housing Assistance To enable you to buy or, ffyou prefer, rent a comparable or suitable replacement home. Other Relocation Assistance This includes housing referrals and other assistance to help the owner relocate to a comparable decent, safe, and sanitary dwelling. The owner co_nnot be required to move from their home, unless they are given reasonable opportunities to relocate to a comparable decent, safe and sanitary dwelling that they can afford. Specifically, I am waiving the following relocation benefits: Replacement Housing Payment Estimate a. Differential $13,900.00 b. Incidental closing costs $ 3,800.00 c. Interest rate differential N/A Waived Not Waived Moving Costs $ 1,450.00 Not Waived Total Estimated Waived Relocation Benefits: S13,900.00 ADDENDUM Property Address: 1307 42nd Ave. NE, Columbia Heights The following personal property will be retained by the sellers: APPLIANCES: Refrigerator, range, dishwasher, washer, two dryers, outdoor playset. PERENNIALS: Sellers will remove the perennials arotmd the perimiter of the house by April 30, 2001. Dat//e'r'''QT'rgd) ~elle~r~' ~ - Seller Date Buyer Buyer WELL INSCLOSURE STATEMINI' 7. auu. i. WlaJ, DIBCI.QIURi Sq'ATF. MBNT ' ! F:::RECK T148 APPI~IATE BOX.) I. r"i The 84~ar ce~ee ltal the f~lowlnG we!a m'a k;cam~ ~, the above clescrbed reel ~ope~. L W~ ~ O~ C;~. TXN USE I. W~2 O D ;. W~ 8 D O r,t~M~~IMM~U ~y In enn~ ms~ntanm~e f~ ~ a ~ island I. ~ ~ ~MA~ . L M~ '. ~n, In6 ~ m l ~ ~ NNd~e or w~an~s ~ Pa~/(s) my ~lh ~ ~ ~PYTO ~ ~; ~ TO 9i~, BUYE~ 9[~G BROKER CITY COUNCIL LETTER Meeting of: 12/11/00 AGENDA SECTION: CONSENT AGENDA NO: c.-{, A ITEM: AUTHORIZE FINAL PAYMENT FOR 1999 ALLEY CONSTRUCTION ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen~'(" DATE: 12/5/00 CITY MANAGER Background: Attached is the final request for payment of $36,959.08 for the 1999 Alley Improvements, City Project 9902 in the original contract amount plus one change order approved by Council on March 27, 2000. The Contractor has completed additional work requested by staff as well as warranty work. The alley and associated construction work is paid for with PIR (assessments), infrastructure, and utility funds. The fund totals are shown on the table below: FUND AMOUNT PIR $224,855.00 Infrastructure $328,412.00 Storm $114,580.44 Water $234,386.78 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 1999 Alley Improvements, City Project 9902 and to authorize payment of $36,959.08 to Ron Kassa Construction, Inc. of Elko, Minnesota. KH.'jb Attachments: Engineer' s Report of Acceptance COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 1999 ALLEY IMPROVEMENT PROJECTS CITY PROJECT NUMBER 9902 December 5, 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 Ron Kassa Construction, Inc. The work consisted of concrete or bituminous alley with retaining wall, watermain replacement, and storm sewer construction. 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 CHANGE ORDERS FINAL CONTRACT AMOUNT $ 875,091.50 $ 37,732.72 $ 912,824.22 FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 902,234.22 $ 865,275.14 BALANCE DUE $ 36,959.08 Sincerely, CITY F COLUIMBIA HEIGHTS ~ ~ / evlI1 . ansen City Engineer COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: NO: ITEM: Renewal of Joint Powers Agreement & Values First/SACCC Coordinator Services NO: ORIGINATING DEPARTMENT: CITY MANAGERS BY: Walt Fehst DATE: December 11, 2000 CITY MANAGERS APPROVAL Background: Attached is a request to renew the Joint Powers Agreement and Values First/SACCC Coordinator Services for fiscal year 2001-2002. The cost to Columbia Heights is $5,297 for 2001 and $5,450 for 2002. The effectiveness and accountability of this organization has improved greatly with the hiring of Barb Warren as its part-time coordinator. I would recommend that we continue with this coordinated effort. Recommendation Staff recommends the renewal of the Joint Powers Agreement with the Southem Anoka County Community Consortium and the payment of the annual fees for FY 2001 and 2002. Recommended Motion: Move to approve the renewal of the Joint Powers Agreement with the Southern Anoka County Community Consortium and the payment of the annual fees for FY 2001 and 2001, COUNCIL ACTION: h:X2000-12-1 lvalues~rst-saccc TIM YANTOS Deputy County Administrator Direct #763-323-5692 COUNTY OF ANOKA Office of County Administration GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-226~ (763) 323-5700 November 16, 2000 MEMO TO: FROM: SUBJECT: Commissioner Jim Kordiak Dr. David L. Behlow, Superintendent Ind. School District #13 ~/Valter Fehst, City Manager, City of Columbia Heights Dr. Mary Ann Nelson, Superintendent, Fridley Ind. School District #14 Dr. William W. Bums, Manager, City of Fridley Ruth Nelson, Clerk, City of Hilltop Tim Yantos, Deputy County Administrator~.~j/~ Renewal of Joint Powers Agreement and Values First/SACCC Coordinator Services At the November 1, 2000, meeting of the Southern Anoka County Community Consortium, the consortium recommended that the participating Southern Anoka County Community Consortium members consider renewing the current Joint Powers Agreement by extending the term to December 31, 2002. According to Article 8 of the current Joint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this agreement." I have attached a sample resolution you may wish to use to allow for this extension. Also, attached is a listing of some of the highlights of the Values First initiatives over the last two years. The Southern Anoka County Community Consortium again recommends that a contract be continued for a 25-hour per week Values First/Southern Anoka County Coordinator. The consortium recommends a 25-hour per week coordinator of which 20 hours per week would be dedicated to the community values program and approximately five hours per week for the Southern Anoka County Community Consortium. The consortium recommended that this contract position would be for two years. The total cost for the position in 2001 would be $34,586 and in 2002, $35,624, which represents a three percent increase. The formula used for 1999-2000 drew down the budget reserve to hold down our costs. If we were to use that same formula, we would be left with approximately $2000 at the end of 2002. We must raise our contribution to create a small $5-6000 budget reserve. The formula encloses would accomplish this end. FAX: 763-323-5682 Affirmative Action / EquakJRportunity Employer TDD/TTY: 763-323-5289 November 16, 2000 Page 2 City of Fddley City of Columbia Heights School District #13 School District #14 City of Hilltop Anoka County 2001 2002 $5,297 $5,450 $5,297 $5,450 $3,904 $4,017 $3,904 $4,017 $279 $287 Up to $9,201 Up to $9,467 $7.704 $7.936 $35,586 $36.624 The remaining $7,704 for 2001 and the $7,936 for the year 2002 for the Southern Anoka County Community Consortium Coordinator would come from current budgeted reserves. The fund balance at the end of 2002 would be approximately $5600. The consortium requests each member governing body take action on the approval of the extension for the Joint .Powers Agreement and the hiring and funding of the coordinator by December 31,2000. Should you have any questions regarding this matter, please do not hesitate to contact me. TY:sc Enclosures Tim Yantos Deputy County Administrator RESOLUTION #2000- EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT (CONTRACT #950154A) WHEREAS~ in June of 1995, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, and Cities of Columbia Heights, Fridley and Hilltop and Independent School Districts #13 and #14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public, pdvate community partnership and to develop and fund programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation' upon which to operate: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortlure Joint Powers Agreement (Contract #950154A) until December 31,2002, unless earlier terminated or extended under the terms hereof. Values First 2001 Values First will continue the programs and action items established in 1999 and 2000. As we plan for the upcoming year, members have agreed that Values First will focus on a theme or topic for each year, which relates directly to the seven core community values. Members also agreed that Values First will promote and encourage community members to embrace the program and incorporate the core values in their daily lives. The items timed below will enhance the promotion of our message, as well as, bringing additional programs and action items to various sectors of the community. Value First will continue to aggressively pursue funding fxom outside sources, such as corporate sponsors, foundations etc. Southern Anoka County Community Connection Program · Diversity Coordinator to be hired by February l, 2001 · Establish a resource library · Organize the Community Circles Program · Organize the Family to Family Mentor Program · Work in partnership with schools on the Parent Orientation Program · Plan a community celebration of diversity · Value First will organize a program to be offered to the community on tolerating difference in others · Values First will continue to recruit minority members to serve on the full committee Values First and the School Districts · Beginning in August 2001 at the new faculty orientation, Values First will make a presentation on the program. Arrangements will be coordinated as directed by each Superintendent's office. · Values First members would like to meet with School Districts to encourage the incorporation of the program in the schools curriculum on all levels to some degree. · Values First will be working with the schools to encourage the utilization of the seven core values in their conflict resolution procedures. Values First will be recommending a uniform approach in each District. · Values First will be establishing a scholarship program for graduating seniors for both Districts. Criteria will be developed. The mount of the scholarship has not yet been determined. · Becoming a Values First Classroom- Values First would like to encourage day to day awareness of the seven core values in the classroom. Through a program to be designed by committee members Values First will be offering the opportunity to each educator for ~xeir classroom to become a Values First Classroom and receive a handsome sign of recognition to be posted for all to see. Sports Violence Program · This program will have a major focus in 2001. Values First will be applying for grant dollars to support this area. · Production of a video for parents, student athletes and coaches · Re-establish the oath card program for all youth sports · Display Values First banners/signs on athletic field, parks and gymnasiums · Insure that the message of Values First and non-violience is printed on all programs at sporting events. · Insure that the message of zero tolerance of un-sportsman like conduct, inappropriate behavior and drug use including alcohol and tobacco is read prior to each sporting event. Theme 2001 · Values First is concaned about the issue of civility in our community. · A plan will be developed by committee members that will encourage the community at large to consider their attitudes toward civility and how can each person or organization can promote the concept of civility in their daily lives. · Committee members will send monthly articles to the editor of the Focus News, · As the committee designs thi~ program more details will be determined. New Poster Design · Values First will be researching the cost to produce a new poster. 12/B8/2028 18:41 17637179729 BARBWARREN DISTR PAGE 82 10/31/00 02/08/00 02/09100 02/tl/00 03/23/(X) 04/24/00 05/26/00 0GO2/00 06t29/00 07/11/00 08/24/00 09/11/00 10/18/00 1 I/15/00 11/20/00 REVENUES CITY OF HILLTOP FRIDLEY PUBLIC SCHOOLS CITY OF FRIDLEY CITY OF COLUMBIA HEIGHTS ANOKA COUNTY 269.00 3,764.O0 5.108.00 5,108.00 17,484.00 TOTAL REVENUES EXlmE,NOITUImIES TUCCITTO WARREN VALUES FIRST LEAGUE OF MN CITIES TUCCII'I'O WARREN TUCCITTO WARREN IND SCHOOL DIST TUCCII'I'O WARREN TUCCITTO WARREN TUCCITTO WARREN TUCCITTO WARREN TUCCITTO WARREN TUCCITTO WARREN LEAGUE OF MN CITIES TUCCITTO WARREN 2,812,50 951,00 2,912.50 2,787.50 2,275.00 2,250.00 1,087,50 3,012.50 3,182.50 2,812.50 3,437.50 TOTALEXPEN~E~ NET 8056 VALUES 1 ST 2,516.00 2.516.00 4,042.12 CI,526.12) FUNDS AVAILABLE (BEG. BAL 01101/2000) 2000 ACTIVITY FUNDS AVAILABLE (END. BAL.) $ 26,S16.1 $ 29,963.82 $ 29,011.11 (1,528.12) S 27,484.99 ~O'd 0T:II 00, 9 3a(:I ~89S-~C~-~I9:xe~ NIt4O~ Allot103 CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: NO: ITEM: NO: Establish Hearing Dates License Revocation, Rental Properties ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: December 6, 2000 CITY MANAGER APPROVAL Revocation or suspension of a license to operate a rental property within the City of Colmbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Steve Anderson .............................................................4421 5th Street NE RECOMMENDED MOTION: Move to Establish a Heating Date of December 27, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Steve Anderson at 4421 5th Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: Consent NO: ITEM: Declaration of Hazardous Building NO: Backl~round: ORIGINATING DEPT.: .~ CITY MANAGER Community Developm~7/ APPROVAL BY: Mel Coilova .~, q ~O co DATE: December 6, 2000 c~ The interior of the house and garage on the property located at XXXX Noah Upland Crest has remained in a suspected hazardous condition for a period of at least one year. The Building Official verified the house owned by an elderly person did not have heat. The Building Official had mailed notices to the owner/occupant and the owner/occupant had not complied with the Notice and Order and has allowed the condition to remain. The Building Official consulted with the City Attomey and an Administrative Search Warrant was obtained. On November 22 the Warrant was served in a joint effort by Anoka County Health, Fire, Police, and Building Inspection Departments. Anoka County Adult Protection has been notified of the condition of the property. The interior of both buildings were filled with debris constituting a fire and health hazard. The plumbing system, as well as the heating system, was not operational in the house. The Building Official ordered the buildings emptied of debris and restoration of the heating system and the plumbing system in the house. A PIR Project Number has been assigned to the project. Costs of the project will be assessed to the property and its owner in the form of a special assessment to the property over a period of five (5) years at an eight (8) percent interest rate as allowed by the hazardous building statutes. Recommended Motion: Move to waive the reading of Resolution 2000-96, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2000-96, Being a Resolution Directing the Removal of Hazardous Conditions Located at XXXX North Upland Crest N.E., to charge all costs in the form of a special assessment to the property in an amount not to exceed $15,000; and furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. COUNCIL ACTION: H:\Consent2000\I2)eclaration of Haz. Bldg. RESOLUTION NO. 2000-96 RESOLUTION DIRECTING THE REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT XXXX NORTH UPLAND CREST N.E. WHEREAS, there are substandard buildings located at XXXX North Upland Crest which have been unsafe for a period in excess of six months, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: Findings of Fact Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that the structures at XXXX North Upland Crest are substandard, full of debris, and/or lack minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings. The Building Official is recommending the structure be abated by removal of the hazardous conditions and contents and restoration of mechanical systems. Conclusions of Council That all relevant parties have been duly notified of this action. That the house and garage structures and/or their contents on the property at XXXX North Upland Crest N.E. are hazardous and in violation of many local, state and national code requirements. That the structures can be rehabilitated to bring them into compliance with local, state and national code requirements. Page 2 Resolution 2000-96 Order 1. ,¸ of Council The dwelling and garage accessory structure located at XXXX North Upland Crest, Columbia Heights, Minnesota, are hazardous buildings pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above noted hazardous buildings, or his/her heirs, to abate the hazards. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The Mayor, Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection along with property taxes. Passed this Offered by: Seconded by: Roll Call: day of ,2000. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk H:\ResolutionsX2000-96 CITY COUNCIL LETTER Meeting of: December 13, 2000 AGENDA CONSENT ORIGINATING CITY SECTION: DEPARTMENT: MANAGER ~ - A - z~ ~PRov~ NO: Fire ITEM: Approval of Rental Housing License BY: Dana Alexon Applications NO: DATE: December 6, 2000 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items for rental housing license applications for December 11, 2000. COUNCIL ACTION: To: Walt Fehst, City Manager From: Dana Alexon Re: Rental Housing Licenses Date: 12/06/2000 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Occultany I.D. 30003 Columbia Heights Fire Dept Property Owner Name Pro~3erty Address Columbia Village 1675 44th Avenue Permit # F4358 30017 Lynde Investment Company 4050 4th Street F4387 30019 Lynde Investment Company 4060 4th Street F4387A 30021 Lynde Investment Company 4120 4th Street F4387C 3O027 Lynde Investment Company 4100 4th Street F4387B 30125 30127 3O141 3O153 Lynde Investment Company Lynde Investment Company Lynde Investment Company Lynde Investment Company 4425 University Avenue 4441 University Avenue 5131 University Avenue 5141 University Avenue F4387D F4387F F4387J F4387K 34049 Nancy Abbott 1429 42nd Avenue F4390 20025 Clifford Boyum 4855 5th Street F4491A 2O261 Chades Chen 1207 43-1/2 Avenue F4467 12102 Cindy Cotton 1233 37th Avenue F4318 12119 Willam Dankel 660 47-1/2 Avenue F4394 2OO14 William Dankel 666 47-1/2 Avenue F4394A 12/06/2000 13:32 Page 1 Occupany I.D. 12056 Columbia Heights Fire Dept Property Owner Name Property Address Stephen Dziedzic 1262 Circle Terrace Permit # F4379 12189 Alma Field 3948 3rd Street F4511 20042 Edward Fragale 1316 Circle Terrace F4291 12091 Laura Gorecki 4651 Taylor Street F4372 30128 James Hansen 4609 University Avenue F4452 12150 Carrie Herkal 1163 CheeW Lane F4489 3O124 Vernon Hoium 4347 University Avenue F4411 12075 David Holton 65447-1~Avenue F4404 20006 Gerald Janson 1236 Circle Terrace F4386 20389 Gerald Janson 1242 Circle Terrace F4384 20390 Gerald Janson 1248 Circle Terrace F4385 12191 Ma~hew Jennings 4851 5th Street F4504 30079 Nancy Jordan 4557 Madison Street F4145 30082 MichaelJuaire 315 44th Avenue U315 10035 Gina Kilgore 4753 Upland Crest F4499B 30022 Harvey Kowalzek 4220 4th Street F4288 12161 Dorothy Langie 4527 Taylor Street F4418 20315 Larry Larson 1087 Polk Circle F4408 20387 Stanley Larson 3726 3rd Street F4369 12/06~000 13:32 Page 2 Occupany I.D. 20301 Columbia Heights Fire Dept Property Owner Name Property Address Brian LeMon 4344 Quincy Street Permit # F4344 30157 Leo Lemke 4649 University Avenue F4435B 12163 John Lonsky 4209 Washington Street F4483 20034 Joe Maciaszek 4401 Jackson Street F4510A 20038 Joe Maciaszek 4400 Van Buren Street F4510D 20039 Joe Maciaszek 4404 Van Buren Street F4510C 12140 Thomas McQuarry 609 51st Avenue F4501 12147 Kathryn Morales 673 51 st Avenue F4486 12184 Renae Novak 4023 6th Street F4117 20269 Mulji Patel 939 42-1/2 Avenue F4466 20282 Willam Shutte 3731 Pierce Street F4332A 12137 Dwight Sonnenberg 1111 42-1~Avenue F4441 10015 Raymond Sowada 4113 6th Street F4495 12148 Gary Stockwell 683 51 st Avenue F4506 12145 Thomas Therden 633 51st Avenue F4502 12142 Terry Thombe~ 4332 Monroe Street F3873 30056 Robed Turcotte 1440 47th Avenue F4171 12195 Janene Unke 4357 7th Street F4475 12/06/2000 13:32 Page 3 Occupany I.D. 3OO43 Columbia Heights Fire Dept Property Owner Name Property Address Paul Yeh 4200 3rd Street Permit # F4236 12/06/2000 13:32 Page 4 CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: ORIGINATING DEPT.: NO: 4' A ' 1 ~ License Department ITEM: License Agenda BY: Kathryn Pepin NO: DATE: December 7, 2000 CITY MANAGER DATE: BACKGROUNDIANALYSIS Attached is the business license agenda for the December 11, 2000 City Council meeting for the renewals for 2001. The application by James Eng for a license to sell motor vehicles at 5101 University Avenue has been recommended for denial by Tim Johnson, City Planner/Zoning Administrator as Mr. Eng no longer holds the Conditional Use Permit for the auto service repair which is necessary under the Zoning Ordinance to obtain a car sales license. If you recall, Jeffrey Bauer was approved for a Conditional Use Permit to operate an automotive repair business at 5101 University Avenue by the City Council on September 11,2000. A copy of a letter sent to Mr. Bauer by Tim Johnson on Septemher 18, 2000 is attached. Mr. Bauer has also applied for the necessary license to sell automobiles at 5101 University Avenue and his application is currently in the process. Also attached is a copy of a letter from Tim Johnson to Mr. Eng informing him of this action as well as a letter to Mr. Eng from myself providing similar notification. 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 Decemher 11, 2000 and to deny the application by James Eng for a motor vehicle sales license at 5101 University Avenue as it would not be in compliance with zoning regulations. COUNCIL ACTION: license agenda TO CITY COUNCIL December 11, 2000 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY POLICE DEPT. CIGARETTE/TOBACCO SALES *City of Columbia Heights Liquor Dept. *Holiday Station Stores, Inc. *Sama's Tobacco Store *City of Columbia Heights Liquor Dept. *The Gardens Restaurant *Avanti Petroleum *City of Columbia Heights Liquor Dept. *University Texaco ADDRESS 2241 N.E. 37~ Ave. 4259 Central Ave. 4329 Central Ave. 4340 Central Ave. 4755 Central Ave. 4001 University Ave. 5225 University Ave. 5257 University Ave. FEES 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 BUILDING OFFICIAL CONTRACTORS *AI'S Master Plumbing *As-U-Need-It Plumbing *Don's Service of Golden Valley Drobnick's Demolition *Friedgee Drywall, Inc. *Jones Sign Company, Inc. *Plumbing Services *Woodbury Mechanical *Central Mn. Tree Service 3041 Aldrich Ave. S. 10610 South Shore Dr. 1800 Hampshire Ln. N. 14146 Naples St. N.E. 430 Webster St. 711 Hinkle St. 1628 Hwy. 10 N .E. 1988 Stanich St. 144 Satellite Ln, N.E. 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE DEPT. GAMES OF SKILL *Mendora Valley Amusement *Mendora Valley Amusement A,A.A, 6 Central Ave. 4811 Central Ave. 60.00 135.00 FIRE DEPT. MOTOR VEHICLE FUEL DISPENSIli6 UNITS *Maliks Petroleum *University Auto Service 3955 University Ave. 5257 University Ave. 50.00 80.00 MOTOR VEHICLE RENTAL BUSINESS *Columbia Heights Rental CITY PLANNER 3901 Central Ave. N.E. 50.00 Page 2 ZONING/POLICE DEPT. MOTOR VEHICLE SALES Jim Eng dlbla 30 Minute Muffler 5101 University Avenue ***RECOMMENDED DENIAL BY ZONING DEPARTMENT*** (See Council letter) 200.00 POLICE, FIRE, BUILDING SECONDHAND SALES *Nash Sales, Inc. dlbla Unique Thrift 2201 N.E. 37~ Avenue 100.00 POLICE DEPARTMENT TAXICAB DRIVERS *George Howard Hoskins *Salah Hefny Farghaly *John Wesley Schroeder *Charles William Meckstroth *Alexei Valentinovich Kolov 2404 Sheridan Ave. N. 3428 Harriet Ave. S. 3702 Polk St. N.E. 3909 E. River Rd. 450 Ford Rd. 25.00 25.00 25.00 25.00 25.00 POLICE DEPARTMENT TAXICAB VEHICLES *Suburban Taxi Corp. 3 taxi vehicles within the City 75.00 POLICE DEPARTMENT TRANSIENT MERCHANT SALES *Sunripe Citrus Johnson Creek, Wi. 3919 Central Ave. 12114, 111 1,218 & 318 250.00 POLICE, FIRE, BUILDING OFF SALE 3.2 BEER *Totem Supererie *Hot Market 4635 Central Avenue 5011 University Avenue ~150.00 150.00 Page 3 POLICE, FIRE & BUILDING ON AND OFF SALE 3.2 BEER *Tycoon Tavern 4952 Central Avenue 550.0O POLICE, FIRE, BLDG. ON SALE 3.2 BEER AND ON SALE WINE *Sahib's Gateway To India Restaurant *Jang Won, Inc. *Puerto Vailaria, Inc. 4022 Central Avenue N.E. 4920 Central Avenue N.E. 3800 Central Avenue N.E. 2,400.00 2,400.00 2,400.00 POLICE, FIRE, BLDG. LIMITED ON SALE LIOUOR WITH SUNDAY SALES *Wolff's Mr. Steak 4545 Central Avenue N.E. 5,500.00 license agenda CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.tr., COLUMBIA HEIGHTS, MN 5542 !-3878 (6 ! 2) 782-2800 TDD 782-2806 COMMUNITY DEVELOPMENT DEPARTMENT Mayor Gary L. Peterson Councilmembers Donald G. Jolly Marlaine Szurek Julienne Wyckoff John Hunter City Manager Waiter R. Feltst September 18, 2000 Jeffcry Bauer 30 Minute Auto 5101 University Avenue NE Columbia Heights, MN 55421 Re: City Council approval of Conditional Use Permit. Dear Mr. Bauer: This letter is to inform you that on September 11, 2000, the Columbia Heights City Council approved your request for a Conditional Use Permit to allow for auto sales in addition to auto repair at 5101 University Avenue NE. The Planning Commission had recommended that the City Council approve the conditional use request subject to the following conditions: AI required state and local codes, permits, licenses and inspections will be met and in full compliance. The screening requirements of the Zoning Ordinance for fencing and trash enclosure shall be in compliance. Used vehicle sales shall be limited to a maximum of ten (10) vehicles, and vehicle signage must be displayed within vehicle at all times. Landscaping and property shall be maintained and kept free of trash and debris. Future signage shall be in compliance with City codes. Feel flee to contact me at (763) 706-3673 if you have any questions or need additional information. Tim Johnson City Planner 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 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 85421-3878 (612) 782-2800 TDD 782-2806 December 7, 2000 COMMUNITY DEVELOPMENT DEPARTMENT Mayor Gary L. Peterson Councilmembers Donald G. Jolly Marlaine Szurck Julienne Wyckoff John Hunter City Manager Walter R. Fehst James Eng 5324 Raymon Avenue Mounds View, MN 55112 Re: Operation of a motor vehicle sales lot at 5101 University Avenue NE. Dear James: I am writing you in response to your request for licensure t{i operate a motor vehicle sales lot under company name Thirty Minute Muffler at 5101 University Avenue NE in Columbia Heights. As per our recent conversation, I had informed you that in order to operate a motor vehicle sales lot on this property, you need to also operate a auto repair service. The motor vehicle sales is an accesso~7 use to the auto repair business. It is my understanding that you are the former owner/operator of the business, and therefore are not allowed to just sell vehicles at this site without also operating the business. Per our recent conversation, I also informed you that Jeffcry Bauer who currently operates the business, recently obtained a conditional use permit granted by the Planning Commission and the City Council to allow for motor vehicle sales in conjunction with the existing auto repair business. Although licensure is not my department, I review licensure that is in conflict with zoning regulations. In order to grant this lieensure, we would need to see proof that you are indeed currently operating Thirty Minute Muffler. It is our understanding that Jeffe~y Bauer is the current owner/operator of the business at 5101 University Avenue NE. I have spoken with City License Clerk, Kathy Pepin regarding this application and we regret to inform you that your license application has been denied. Feel free to contact me at (763) 706-3673 if you have any questions or need additional information. City Planner Cc: Kathy Pepin H:5101UnivAveAutoSalesLicensedenial 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 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (6|2) 782-2800 TDD 782-2806 December 7, 2000 James William Eng 5324 Raymon Avenue Moundsview, Mn. 55112 Dear Sir: This office has received an application from you for a license to operate a motor vehicle sales business at 5101 University Avenue for the year 2001. Your application has been denied by the Zoning Administrator/City Planner, Tim Johnson, as you are no longer in compliance with the zoning requirements of the City at that location for auto sales. This letter is to notify you that under Section 5.103(3) of that Section of City Code pertaining to License Conditions and Requirements, "No license shall be issued or renewed for any business, trade, occupation or business activity where such licensed activity would result in a violation of the Zoning Code at the proposed location". In addition, Section 5.103(5)(a) states "Fees shall not be prorated unless specifically authorized herein, or by Council resolution, and are not refundable for any reason, including license revocation, suspension, denial or termination of the licensed activity". Formal action will take place at the City Council meeting of December 11, 2000. If you have any questions, you may contact this office at 763-706-3678. Sincerely, ....... Kathryn Pepin License Clerk kp T. Johnson, City Planner/Zoning Administrator THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER BRC FINANC;IAL. SYSTEM :1. 2/07/2000 15:38: 1. 5 ::'LJND F~:I!ECAI::': ::'UI',II) DE:SCF;: I F:'T I ON 1.0:1. ,?.01 ?.02 :?.03 ?.04 :?..1.2 ?.:1.3 :?.25 '..'.35 :?.40 ?.70 ~0.1. 'K)2 ~.1.5 !:,01 .":,02 ~,03 !:,04 :~09 ~01 ~20 '380 ;~85 ~86 ~87 GE:NEF;:AL. COMMUN l TY DE:VIEI..OF'MI='.N'F F'UND ANOKA C.~C31..JhI'1'Y I='ARKVIlii:W V:EI..L.A NOI';:'I"H E:CONC)MI C: I')E:VE:LC)F:'MENT AUTH STATE A I D MA I N'lf'!:::NAN[::,IE F:'ARKVIE:W "JIL. L.A SC)UTH CABL. E TEL. I=:VISI[3N RE:NTAL. HOLJS :r NG L. I BRARY DAREE F:'ROJEC~T LOCAL L. AW ENFOF(CE BI._K GRANT' COF:'S: SC;HOC3L. F'ARTNEF~.SHI P CAPITAl... IMF'I-~C)VE:I~I.:.':N'FS STATE] A I D COIISTRUC:T :[ OII CAF:' I TAL I MF'I'~OVEMEZNT .... F' I I:;: WATEF~: I..J'F I I... I 'l'Y SEWE::R UTII...ITY F;~EF:'I. JSE] F:'LJND STORM SE:WE:R LJTIL. ITY L. I QUOR CEN'FRAL GAF,:.AGF': I)ATA F:'F~:O[:E:SS I NG F'L:.RM I T SURCHARGF: C~ONTF;.: I BUTE:D F:'RC3JE:C::TS--F;,:EC; ESCROW I NVE:STME:NT TRLJST F:'I...F::X BENE:F I T TR!..JST F'I. JND 'OTAL. AL..L. F:LJNDS :.~Ar.-II.( F;,'IEC, AF:': .~AN K NAME: :{ANK CI.-IEi:C~KING AC~C::C3LJr, I'I' "C)TAL. AI...L. BANKS Check History D I SBUF(SE:ME:NTS 64 :, 548.29 2,061 . 58 24 :L. 93 .1., 347.62 9,755.. 59 3:,013..24 I, 373.74 :1.27,, .1.9 660.57 9,73.l ..61. 350.00 :L, 805 ,, 07 800.00 7 :, 182 .. 04 297.60 1 :, 903.36 I, 869.33 989 .. 92 103,079.03 928.80 110,893.39 3,028 .. 65 557.02 1,350 ,, 61 4,151.23 226,766,.02 I , 200,000.00 656 .. 24 1,759,469.67 DISBURSEME:NTS 1,759,469.67 1,759,469.67 BRC F:' I NANC: I AL. SYS'TEM ].2/07/2000 15 [;beck I.~istory 12/11/00 COLJNC I L. L. I ST I NG CITY OF COL. LJMBIA FIEIGH'rE~ [~I...540FC.-..V06.27 F'AGE BANK VENDOR CI-41EC~ K NUMBEl'"( AI'I(31.JN'I' 8AI,I I,( (:;I--IEi:(:; K I IIG AI::;CC)UI,I'T AAA AWAF:.'I)S AID IE:I_IEC'rl;~:I:C Sli..".I~V]:CE ]:NC ANOKA CC}Ut, ITY MC)'f'[)R VI!i:HI[:: BEI..I..BOY BAR SUF'F:'L..Y BE:L.L.BOY [;[}F;,'F'[)RAT I [)1-1 BRANSC)N/L. UC I L..L..E D:I:LL.C}N ~.'. DONNA DE:MAR,S/L.A DUGDALE/MARY lii:I)GAR/BE:THANY EDI...UND/DOR :1: NDA C~ENUI NE: F:'AF;,'TS/hlAF:'A AUTC) G :1: I...!..IETIE/DOI;;OTI-IY :1: F'C F:'F;,' I NT I NG JOHN,SON BROS, !...IQUOR CO, JOHNSC)N/THOMA8 M KOHAU T/I<A!~IEN I...{.1KE:/DE:BB I E: MOIEI...LI.:.'.I~/KAREN t,IATI... REECREATION & F'ARK A OF:'F:' :1: (:lie DIEF'O T F:'HIL. L. IPS W:I.'NE: & SPIRI'S QIJAI...ITY W]:NE & ,SF':[I~]:TS QWE: S T COMMLJN I C::AT I F;~EEI... :!: ANT ENERGY M ]: NNEGASC R IE ,S M A N / S T E: V E: RI!i:TAI1... DATA 8YSTL"'.MS OF M SBS I I NC TMI COAT'.I:NGS ]:NC I..JS~C W :1: I...I...F'F:~!.~ZC, HT/C :1: ND XCE:L. E:I'IE:RGY ( bl YC]UNG/I<A'IFI-IY AI::'F':[t,III'Y F'LLJS FE:DE:RAL. C:R F::I:R,~T COMMUNITY CFd-'.'.D]:'F U :!.'CMA RE:TIREME:I,II' I'RLJST 45 I...MC :[ T L. MC:[T -.- FIF' MF_:D I CA SEN I MI,I CHIL. D SLJF'F:'ORT F:'AYMENI' I,IC]I~WI.:Z,ST ]E~AIx!K -- F'AYF~C]I_I... A OF:,'CFIARD TF:,'UE~T C.:C]MF'ANY F:'IEI:::A F:'I...IBL. :[ C MAI-IAGERS ASSOC:: .1: AT LJl,-I :[ (:IN 32'20 UI',I 1 l'l~i:D WAY W:I: :DIEF'AI~TMI:::NI" OF I~I.:.:VI.-".:NUI.:.: I,IORTFIE-ZAST ,c.~TA1'E: BAt-II< 89542 16.00 89543 ]. , 500. O0 89544 3,598.00 89545 299.93 89546 7,063.24 89547 32.00 89548 159.77 89549 56.00 89550 213.50 8955.1. 302.57 89552 44.10 89553 41.35 89554 45,79 89555 7 :, 219 ,, 60 89556 56.00 89557 101.00 89558 250, O0 89559 216.30 89560 160.00 8956 ]. 78 ,. 97 89562 332.19 89563 1., 772,29 89564 62.01 89565 38 .. 28 89566 25.00 89567 48 .. 00 89568 947.85 89569 I, 249.00 89570 i, 543.00 89571 :L93 ,, 75 89572 i, 964.09 89573 32 ,. 55 89574 484.77 89575 .1. , 9.1.0 ,, 00 89576 9,663.70 89577 21 , 402 ,. 48 89578 :l 4,630.06 89579 484 .. 60 89580 808.16 8958.1. .1.45 ;, 313 .. 54 89582 5,823.20 89583 25,665 .. 3~. 89584 50.00 89585 884 .. 00 89586 47.00 89587 139.94 89588 I , 000 :~ 000.00 ~RC F:INANC, IAL.. SYSTEI~ CITY OF COL. UMBIA 1.411EiIGHTS L2/07/2000 15 8L. 540R-.V06,27 PAGE 2 Check History .1.2/:1.]./00 COUNCIl_ !...ISTING BAN K VEi:NI)OF~ CHECK NUMBER AMOUNT :.:~AN I< CHlii:C I< :1: NG ACCC)I. JI, I 'T' NORTHEAST ,c.~TATE BANK AI_E:XON/DANA BEL..LBC~Y BAR 8L]PPI_Y BL'-Z!_.I_BOY CORPORAT ION BRADLEY REAL ESTATES INC CHECK F.: :1: TE (:~'HISAC~I[:) L. AKES DISTRIBUTI CI_ASS I C, CATER :1: NG CC)CA-..COL.A BC)TTL. I NG M I DWE COL..I..JMB I A I..llii: I GHTS I CC)NVERGEt-IT [;Ot'IMLJNICATI[)N DI!!:L..li~GAI-~D TOOL C(]. L:.'ZAGL. E WIt, lE: CC)MF'ANY EAST 8IDlii: BL"::Vli':.RAGli:". CO E-:I...I_::C'(' I ON SYSTEMS & ,c.~[)FTW GENLJINI.;.". I-"'AF~TS/NAPA ALJT(] GF::E!:EN M I L.I_ (:]REENWOI~KS I..IANS[:ZN/KEV I N HAN,S(]N/<,~I-~I-_'L. LY :1: I<[)t,I C)FF:' :1: CE S[)L. LJT I [)t-I :[F:'C PRINTING JC)HNSC)N BRC),S. L..IQLJOR CO. JC)HNS(]N/THC)MAS M KI,IUTSC)N/CL.. I FFC)RD I_OSS I NO/BAR 'r MAR :[ NC] ' S RESTAURANT MAF~I< VII DIST. MEI...L..EM/MARGE METF~OC, AI_.L.. - ATT ML=]S,SAG I N M I L..STEN/MARY MOEI..L.I~]~/KAI."(EN NEI COL..L.E[~E [)F' TECFINC)L.[)C~ NC)I~TI-~ MI.-'.RO JR I:'OOTBAL_L.. I='AUS'f'IS & 80NS I'-"I~.".TTY C, ASI-I -- CINDI WII..L..F:' F:'ETTY C;ABH .... KAREN PI[)E:I...I... F:'L..YMC]UTH PL..AYHOUSL:.': [-)UAL. ITY WINE & SPIRITS QWEST C;OMMUN I CAT I ON8 F:,'I~!:TAIL.. DATA SYSTEMS [)F M SCHINDL. I-":I~ L=.':L.I.:.:VATOR COI~F' SI...[)W :[ K/MARY ST ANTHONY SF'ORTS BOOSTL-7. V E R I Z 0 N W I R E I_ E: S S VOS8 L..IGHTING W :1: NE C::C:~MPANY/THE 89589 200,000.00 89590 40 .. 34 8959:L 30.8:1. 89592 .1.3,93.1.. 45 89593 11,344.47 89594 33.00 89595 653.75 89596 1 :, 092 .. 76 89597 601.2.1. 89598 4,520.97 89599 56.83 89600 54 .. 96 8960:L 2,961.60 89602 4,047.65 89603 249.45 89604 .1.32.99 89605 514.65 89606 1 , 850 .. 00 89607 119.16 89608 8., 06 89609 128.80 89610 1.1.2.87 89611 3,709 .. 68 89612 429.37 89613 36.93 89614 4.1.. 33 89615 2,217.31 89616 4,992 .. 45 896:1.7 125.50 89618 69 .. 55 89619 29.81 89620 .1. 74.62 89621 778.05 89622 2,970.00 89623 498 .. 50 89624 82.46 89625 96.18 89626 800.00 89627' 54 1.46 89628 400.58 89629 48.00 89630 .1. 80 .. 51 89631 120.00 89632 I, 109.00 89633 16.04 89634 37 .. 56 89635 141.32 8RC FINANCIAl_ SYS1]EM 2/07/2000 15 Check History .1. 2/.1..1./00 (:;(:}[.IN(:; I L.. I... I ~,i~ T ]: 11(3 C I TY OF: COI_UIqB l A HE :[ GI-4T.~3 GL..540R-V06.27 F'AGE: 3 BANK VE:NDOR CHEC::K I,ILJMBE:R AMOUNT 8AN I< CHIEC I( :1: I,.IC-) ACCC)!..JN'T' XC;E:L. E:NE:RGY (N 8 F') AC, E I-IAI~DWAI:~E AI...L SAINTS BRAND DISTI:~IB AMEt~ICAN .SEMI F:'ART8, SIERV AME:F~ I F:"F~ I DE: ANOI<A COUIqTY E:I_.IECTIONS AI-IOKA COUNTY L..IBF~ARY ANOI{A CTY .-- CENTI~AI_ COMM ASPE:N MIL. L.S, :[NC. BAKEI~ & TAYL. OR BAKE:F~ & TAYLOR ENTE:RTAIN BAT TIER l ES F'L. US BA'T'I'E:F~Y CITY INC BF I/WOODI_A I{E SAN I TAllY SE B:I:FF:' ' S, INC ,, BL..UIE F~IBBON CHEM-DRY BC)OI<ME:N I NC/THE: BOYD UF'I~OI_STERY/CI~AI~L. ]: E BC)YER TRUCK F:'AF~TS BF(ADI_IEY LAW OI=I::ICE BF~AUN I NTE:F~TE:C CORP BF~ODART BRYAN RC}C K F:'RODUCTS, I NC CAF:' I TOI._ GARB I DIE C E N T E: R F' 0 R E: N E: R G Y / E: N V I I:~ 0 CIENTI~AL. ROOF:'ING CBMF'ANY CH I SAGC) I...A KES D I STR I BUT I CI...AI~K I=OODSERVICE INC COCA-COL. A BOTTL. I NG M I DWE: COL. L_ECTOF( BOOKS CC}L..UMB I A HE: :[ GHT8 RE:NTAL. CONSTRUCT ION BU!_I...IET IN CF~EATI VE: F:'C)RM8 & CONCE:F"T CF~C)WN I=ENCIE & WII:~IE DAI...CO E:N'TE:F~F:'R :1: SE:S I NC DAI-I KA DAV I E:S WATE: R E:QU I F' CO ,, DIEMCO DEI'EF~MAN BF~C)WI~!IE:, INC DF(AIN DOCTOI~ lEAS1' SIDE: BE:VE:RAGE: CO E:HL. IEI~ & ASSOC :[ ATIE""F'UBI... ]: C E:I...E:CTI ON SYSTE:MS & 80F'TW F:'ADDIEN I='UMF" F'ALC::ON CC}MMLJN :1: CAT IONS GR F:'E:DIE'RAI... E:XF:'I:~IES8 F' :1: DEL. I TY SE:RVI CE:S I NC 89636 :L, 404 .. 32 89637 242 ,. 79 89638 338 .. 50 89639 25.78 89640 64.62 89641 10 :, 656.00 89642 6,816.48 89643 500.50 89644 80.00 89645 106 .. 97 89646 269.15 89647 51 .. ]. 1 89648 201.24 89649 :L01, :1.78,,09 89650 491.82 89651 69.22 89652 129.02 89653 ~. 50.00 89654 35.37 89655 1,822.50 89656 162.00 89657 189.23 89658 3,789.4 :L 89659 217 ,, 50 89660 250.00 89661 658.00 89662 i, 126 ,, 95 89663 538 ,, 67 89664 332.67 89665 56.40 89666 25.09 89667 297.60 89668 181 ,, 07 89669 108.86 89670 74.37 89671 27 ,. 00 89672 78., 01 89673 35 ,,9:1. 89674 923.00 89675 237 ,, 00 89676 8,282.75 89677 4,695 ,, 00 89678 8 ,, 81 89679 326 ,, 80 89680 198 ,, 00 8968~. :1.85 ,, 46 89682 4,590.49 BI:~C I:]iI"IANCIAL. 8YSTFZM CITY OF: COI_UMBi[A I"llii:I(7~HTS [ 2/07/2000 :L 5 GL. 54C~R-V06.27 PA6E 4 C he c k H i s t o r y ].2/:i..1./00 C, OUNCIL.. L..I,t. ITING :."{ANI< VE:I',II)OF~ C'FIEZC!< NUMBE:R AMOUI',rT i:~l'l K CHEC I< ]1 NG ACCCILJI,IT F:' :[ F;," E[ INSTRUCTORS ASSN. I:'L_E:X C-OMf"IENSAT ION, IN(] F'F;," I DL. EZY/C I TY OF G & K ,SI~:I~VICIES GAI...I~i: C':iROUF:"/TFIE [:-)AI~DNIEI~ I-~ARDW~I~E G(.1RE:L.:[[:;K STE:E:L. CO C~IENU:I:NI.E F"AI;:TS/NAF'A AUTO G :1: I..BEi:RT ME:CHAN I CAI... G :1:. L..L..LJNDI.-::N'lr'IEI~F'I~ .'[ 81ES GI...I-ZNWOOD I NGL. E:WOOD (:-)(](]DIN C'O. GOF'HE:R STATE: ONE:-'CAI...I... IN GI:~AI':"E BIEGINNINGS ]:NC, G I:;,' E E: NW 0 R K S GI:;~IEG WIL. L..8 EXTER]:OR GF;," I GGS-COOF"E:R & C::O H,,W. WIL..SON C,O. I"IAC::H C:OMPANY H lie I G H T 8 I:: L. I.E C T R l C I N C ,, HOHE:NSTE: :1:N8 I NC HOMtE DEI""OT I~2802 HC~OVE:R WF'!I~!:I~i:L. AL. IGNMENT I HU]8 CAI:~ HAVL"T.N .... DI.=:AI_IEI~S ]: I',ISTRUMEN'rAL. RE:cJE:ARCH I N ]:NT!iF. GI~ATI_:.D I...OSS C, OIfR:~OL.. :!: F:'C PR I NT I NG JOF1NSON iid~(:)S. I...IQLJOF~ C,O. JOHNSTON/TROY I<EI,INEDY & GRAVEN KF;,'UGE.-ZR I NTE:RNATI ONAL. KUE:T!4ER DIST. CO. KURTH SURVE:Y :[ NG L..EADERSC)[JI~CL-: L..E:XI S L. AW PLJB[..IBFIING L..UBli:Z-TFCH I...YI...E: S:[GNS INC MAI~I< VII DIST ,, MALIMA MIENAI~D,t.I C, ASHWAY I...[Ji~]E~li.:.F;b-f: Mlii:TRO CCIUI-IC I L.. E:NV :[ ROME:NT MI!L'TI;:O f: I I:;~E ME TROCAL.L. ---- AT T ME:SSAG I N I~HSC ADVANCED DI~IV]:N(.I F:A M :1: DWAY FORD M I I...I_AI~ I.ZI_I.-Z:VATOI~ Sli.:.RV :1: C, IE M :1: IqNE:APOL. I S OXYGE:N CO. 89683 170.40 89684 .1..1. 5 .. 50 89685 904., 00 89686 281.71 89687 113.76 89688 44.31 89689 63.90 89690 77.99 89691 369.42 89692 142 ,, 84 89693 27.80 89694 290.42 89695 142.40 89696 226.00 89697 4,625.00 89698 95.00 89699 I , 346.76 89700 .1. 09.20 89701 237.68 89702 6,936 ,, 70 89703 4,6:[2.95 89704 224.64 89705 34.95 89706 90.53 89707 115.00 89708 59 :L. 00 89709 240.90 89710 6,0:1.7.35 89711 633.68 89712 4 :, 759 .. 47 89713 62.30 89714 17,370 .. :1. 5 897 :l 5 2,379.56 8971. 6 3,000.00 89717 64.38 897i8 256 ,, 16 89719 I :, 573.35 89720 1 :, 720.82 89721 30 .. 00 89722 405 ,. 46 89723 i, 089.00 89724 130.74 89725 14. :[4 89726 27 :L. 00 89727 28.37 89728 975 ,, 00 89729 4 .. 79 Chec:k I.-listc>ry 1.2/1. 1/00 C, OUNC, II_. I...ISTING i:~AI,IK VENDOR CFIE:CK NUMBE:R AMOtJNT !:~AI,I K CI-E:C K I 1,1[-~ ~CCO UI,I I" M :[ NNE:,c3OTA COACFIIE,S MN I)EF"r OFr I='UBI..IC SAF."E'FY MI~I STATE: FIRE: CFIIEI::'S ASS MN S'rA'rl~: TF~IEAS BU I I..D I NO M[)RREt..L & MORREZI...L. INC M T :1: D I ,STF~ I. BUT .1: NG N., S, R ,, M, A ,, A, NAT :1: ONAL. 81.:]M I NAR8 GR(]tJF' I'llii:!E: DHAM D ]: -c.'~TR I BUT I NG CO NOF~TH MIETI~(] HUMAIqE SOCI!i:". Iq[)RI'H STAR ICE: I'IOVliE:I..I...Rli:".SEAI'"(CI4 (]I~DER DE OF:'F:' ICE DIEF'O'T [)I...I...IES KITCHF':N & VITTI...E [)I...SON ' S PLUMBING (]NTIRACK DATA RECOVIE:I~Y OWf_::N8 ,SE:RV I [;E:,c3 CORF' F'AI:(I( SUF'F'I_Y :[NC F'ARTS PL.US F'C SOL. UTIONS F:'IEF'81 ---COL. A--'-7 LJF' F:'H:I:I...I_:[F"S WINIE & SI.:'I:I-TF,S H.-IYS :[ C I ANS DE:,S I< REFE:RE:I'-!C F:' :[ N I(IE:!."(TON SIF.:F~V I CIE GI~Ot. JF' F' L. E:T S C H E E;: S F'I:~ .'1: OR W I NIE I:~A I NBOW TRE:E: CARIE I=d-]YTI.]MS I;,'OSE:DAL. E CHE:V SCHIND!_.EI-~ E:I_E:VATOI~ CORF' SCOTT/VE. ZRNON 8E:NTRY SYSTEMS IN(3 S:I:GN L. At,IGt. JA[~E & GOL. DE:N A SM I TH MICRO 'f'IECt.~NOL. OG IFZ,S SQt. JE:E:GE:E: PRO WINDOW CI...EA ,ST JOSEF'I-I ' S I.:.':C.)U IF'MI:":NT STANWAY E:XC'.'AVAT I NG ,STAF~ TI-~ I EIUNIE S'T'RE: I CHE:R GLJI,I ' S I NC/DON SYSTI:ZMS SUF'F'I...Y IN(3. TAYL. OR TE:CFIOI...[)GI E:8 'Y'lii:l...li..Z l::'l--IONliF. AN ,SW IE I:~ I IqG Clii:N T TOWI!EI:~ AS!='I-4AI..T .'I:NC 'f' R I A N G I.. E F' I RE E: X T I NGU I .c.~!-.I 'T'I:~OF:'H :[ ES ElY I.. :1: NDA TWII',I CITY TRANSF'[)RT & RE 89730 684 ,, O0 8973.1. 350 ,, O0 89732 170. O0 89733 261.6.1. 89734 964.60 89735 .1. 34.07 89736 50.00 89737 195 ,. 00 89738 135.70 89739 I, 402., 45 89740 102.00 8974.1. 89 .. 00 89742 387.19 89743 91 ,, 86 89744 I , 200.00 89745 100 .. 00 89746 192.37 89747 49 ,, 46 89748 53.25 89749 395.40 89750 250., 88 8975.1. 1,229.65 89752 70.95 89753 200.64 89754 36., 2:!. 89755 2,134,,09 89756 42.80 89757 :1.24.8.1. 89758 73.06 89759 180 .. 51 89760 570.00 89761 390 .. 00 89762 51.12 89763 625.,40 89764 50.00 89765 38.7.1. 89766 480.00 89767 1.1.2.58 89768 I, 607.00 89769 320 ,. 52 89770 30.00 8977.1. 93.20 89772 490.00 89773 :1., 947.67 89774 383.40 89775 :1.03 ,, 31 89776 72.42 .~RC FINANCIAL SYSTL-'.M L 2/07/2000 15 Check H:istory 12/1.1/00 COUNCIL LISTING CITY GL540R-'-V06.27 F'AGEZ 6 ]~AhlK VENDOR CHECK NUMBER AMOLJNT i~ AI,I I< C;HIEC K :1: t,IG ACC OLII'.I T UN I TED RENTAI...S IJH:'ER M I DWEST C(]I~I~IJN I TY VAN-.-(ZI---L.:[TEE VE:R :[ ZON W l RL-'.L.E~.SS W 8;: W GENE:RATOR I;,'EBUII...DE: WAHLS ENTL-':F;:F'F;: .1: SF..S WI!i:ST WE:L.D WI-~Ii.-]I-ZI..IE.R ANDI~I:ZWS/F'ATTY W :1: L.L.AME:TTE: I NDUSTR I E:S 1' N W ]: NE: C(31qF'ANY/THIE WORL.I) CL. AS,c.'~ W:[NE: WW GRAINGL:ZR 89777 24 :l. 93 89778 800.00 89779 297.30 89780 466 .. 95 89781 240.64 89782 3,035.25 89783 43.06 89784 150.00 89785 360.79 89786 544 .. 75 89787 [123.00 89788 .1. 02., 22 :1. :, 759 , 469 . 67 *** CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDA '~;c, \'~ s ORIGINATING CITY SECTION: ,. o._~ ~,,~ DEPARTMENT: MANAGER (o ' ~ Fire APPROVAL NO: ITEM: NO: Close Hearing Rental License Revocation BY: Dana Alexon DATE: December 6, 2000 The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Richard Lee regarding rental property at 4600 Polk Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of December 11, 2000. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard Lee Regarding Rental Property at 4600 Polk Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDA 'p ,~ ~ \ ~ c ~ ORIGINATING SECTION: e a. ~ci ~'_3 5 DEPARTMENT: NO: (o- 13 Fire ITEM: Close Heating BY: Dana Alexon Rental License Revocation DATE: December 6, 2000 NO: CITY MANAGER APPROVAL B~~_~ DATE:i f The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Renae Novak regarding rental property at 4023 6' Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of December 11, 2000. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Renae Novak Regarding Rental Property at 4023 6t~ Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDA ?v,~,C~ ~-e-a-~r;',,-~S ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~ 'C.~ Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon Rental License Revocation D NO: DATE: December 8, 2000 ATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of December 11, 2000. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Susan Loewenthal Regarding Rental Property at 1206-1208 Circle Terrace in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of December 11, 2000 AGENDA P,..~ k, ,_-. X~ ~ ,.~- ,- ~-~ ~sORIGINATING SECTION: DEPARTMENT: NO: (9' i'~ Fire ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon Revocation NO: 2000- DATE: December 6, 2000 CITY MANAGER APPROVAL Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kwei Fang regarding rental property at 40554057 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public heating RECOMMENDED MOTION: Move to waive the reading of Resolution No.2000- copies available to the public. , there being ample RECOMMENDED MOTION: Move to adopt Resolution No. 2000- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Kwei Fang Regarding Rental Property at 40554057 University Avenue NE. COUNCIL ACTION: RESOLUTION 2000- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1 ) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY KWEI FANG (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4055-4057 UNIVERSITY AVENUE COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 18, 2000 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 11, 2000. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on July 29, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted a total of thirteen violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 5, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, were scheduled to inspect the property, but the owner called and requested an time extension. A 30-day time extension was granted. An extension letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on November 19, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights were scheduled to inspect the property, but called and advised that there were problems with his tenants and that he would not be able to let us in to the building. A 30-day time extension was granted. An extension letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. In a series of problems with the owner showing up and with the owner's tenants not cooperating with the owner in regards to allow inspectors into the building, extensions on the outside violations were granted until spring. In the meantime, the inspectors attempted to reinspect the violations on the inside of the building. 4. That on March 28, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspeeled unit number 4055 and noted that all violations were corrected. Inspectors were not able to get into unit number 4057, in which five violations remained and four violations remained on the exterior of the property. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 5. That on April 27, 2000, Gary Gorman and Rich Himichs, inspectors for the City of Columbia Heights, reinspected and noted that nine violations remained uncorrected. Inspectors were not able to get into unit number 4057, in which five violations remained and four violations remained on the exterior of the property. The owner once again requested a time extension, stating that all tenants in the building were given eviction notices and that he wanted to get the tenants out and make the repairs and the have the reinspection performed. The extension was granted to June 29, 2000. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 6. That on June 29, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspetted and noted that three violations remained uncorrected. Inspectors were able to get into unit number 4057, in which all violations were corrected. It was noted that three violations remained on the exterior of the property. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 7. That on August 14, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected and noted that three violations remained uncorrected. The owner once again requested a time extension, stating that the contractor that was contracted to do the work had not show up after starting the work. The extension was granted to October 18, 2000. An extension notice listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 8. That on October 18, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected and noted that three violations remained uncorrected. The owner once again requested a time extension, stating that the contractor had performed some additional work on the wall but had not been back to finish the job. Assistant Fire ChiefAlexon contacted the contractor and received information that there was an ongoing dispute between the owner and the contractor regarding payment. The extension was denied. A thirty day notice was given to have all completed, tenants that are remaining were notified and compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 9. That on November 14, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected and noted that three violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 10. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $250.00 11 That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4055-4057 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto. 2. That all relevant parties and parties in interest have been duly served notice of this heating, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4539 is hereby revoked/suspended (cross out one) 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revolting the license as held by License Holder. Passed this day of ,2000 Motion by: Second by: Roll call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER AGENDA SECTION: Public Hearings NO: ITEM: Second Reading, Ordinance # 1424 NO: Tower Siting Ordinance Meeting of: December 11, 2000 ORIGINATING DEPT.: CITY MANAGER Community Development ~' APPROV · i 2'720~00 Issue Statement: This is a request for the City Council to consider adopting a Telecommunication Tower Siting Ordinance that the City currently needs in order to address telecommunication and antennae requests. Background: The project has a rather extensive background, in which the Planning and Zoning Commission and the Telecommunications Commission have reviewed the proposed ordinance and had a chance to comment and recommend changes to the ordinance. The City Council met on November 13, 2000, and recommended to table the first reading of Ordinance # 1424 to allow for further review by the Telecommunications Commission. The first reading was reconvened on November 27, 2000 and the City Council scheduled the second reading for December 11, 2000. Analysis: The City of Columbia Heights has been involved in an extensive process to update the City Zoning Ordinance. The City's Attorney for cable and telecommunications issues, Steve Guzzetta has prepared this Tower Siting Ordinance for the City which has been proposed to be adopted independently, and eventually incorporated into the new Zoning Ordinance. The Planning and Zoning Commission reviewed the draft Telecommunications Ordinance on October 3, 2000 with staff, and the Attorney, Steve Guzzetta, and has determined the ordinance to be consistent with new federal telecommunications standards. There is currently a moratorium in place on telecommunications and antennae that has been extended from December 7, 2000, to March 30, 2001, or until final adoption of the Tower Siting Ordinance whichever occurs first. Recommendation: The Telecommunications Commission met on November 16, 2000, and reviewed questions posed by Ken Henke with Attorney, Steve Guzzetta. After review and discussion, the Telecommunications Commission passed a motion recommending that the City Council hold its first reading of Ordinance # 1424 on November 27, 2000, at 7:00 p.m. and proceed with the second reading and its adoption. At the recent City Council meeting on November 27, 2000, Attorney Steve Guzzetta recommended that the emission testing subsection be amended because of a recent order issued by the FCC, in order to minimize the likelihood that this section could be challenged by the personal wireless industry. Motion: Move to waive the reading of Ordinance 1424, there being ample copies available to the public. Motion: Move to adopt Ordinance 1424, Columbia Heights Tower Siting Ordinance, an Ordinance of the City Council of the City of Columbia Heights, Minnesota, Regulating the Zoning of Wireless Communications Towers and Wireless Communications Facilities; Providing Intent and Definitions; Providing Minimum Standards for Location, Visual Impact and Approval of Wireless Communications Towers; Providing Minimum Standards for the Location, Visual Impact and Approval of Wireless Communications Antennas and Facilities; Providing for Shared Use of Wireless Communications Towers; Providing for Inspections; Providing for Conflict; Providing for Severability; Providing for Inclusion in the City Code; Providing for an Effective Date. Attachments COUNCIL ACTION: COLUMBIA HEIGHTS TOWER SITING ORDINANCE NO. 1424 Table of Contents 1. Purpose ................................................................................................................................2 2. Definitions ............................................................................................................................3 3. Applicability ........................................................................................................................6 4. Exempt from City Review ...................................................................................................7 5. Permitted Locations .............................................................................................................7 6. Existing Towers ...................................................................................................................8 7. Co-Location Use, Modification and Relocation of Existing Towers ..................................9 8. Application to Locate Wireless Communications Facility on Existing Tower .................10 9. Wireless CommunicationsFacilities on Antenna Support Structures ................................11 10. Application to Locate Wireless Communications Facility on Antenna Support Structure .............................................................................................................12 11. Utility Pole-Mounted Wireless Communication Facilities ................................................14 12. Application for Utility Pole-Mounted Wireless Communications Facility .......................15 13. Construction of New Towers .............................................................................................16 a. Conditions of Approval for Wireless Communications Towers ..................................16 b. Requirements for Separation Between Towers ............................................................16 c. Standards for Co-Location ...........................................................................................17 d. Tower Design and Type ...............................................................................................18 e. Landscaping Minimum Requirements .........................................................................19 f. Visual Impact Standards ..............................................................................................19 14. Application Process for New Towers ................................................................................21 15. Annual Registration Requirement ......................................................................................24 a. Wireless Communications Facilities ............................................................................24 b. Wireless Communications Towers ..............................................................................24 16. General Requirements ........................................................................................................25 a. Duration of Permits ......................................................................................................25 b. Assignment and Subleasing .........................................................................................25 c. Aesthetics .....................................................................................................................25 d. Federal and State Requirements ...................................................................................26 e. Licenses or Franchise ...................................................................................................26 f. Discontinued Use .........................................................................................................26 g. Abandoned Tower or Antenna .....................................................................................26 h. FCC Emissions Standards ............................................................................................27 i. Maintenance .................................................................................................................28 j. Emergency ...................................................................................................................28 k. Equipment Cabinets .....................................................................................................29 1. Equipment on Site ........................................................................................................29 m. Inspections ...................................................................................................................29 n. Security ........................................................................................................................29 o. Advances in Technology ..............................................................................................30 17. Review of Applications ......................................................................................................30 18. Appeals ..............................................................................................................................30 19. Revocation .........................................................................................................................30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, REGULATING THE ZONING OF WIRELESS COMMUNICATIONS TOWERS AND WIRELESS COMMUNICATIONS FACILITIES; PROVIDING INTENT AND DEFINITIONS; PROVIDING MINIMUM STANDARDS FOR LOCATION, VISUAL IMPACT AND APPROVAL OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING MINIMUM STANDARDS FOR THE LOCATION, VISUAL IMPACT AND APPROVAL OF WIRELESS COMMUNICATIONS ANTENNAS AND FACILITIES; PROVIDING FOR SHARED USE OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING FOR INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Columbia Heights, Minnesota (the numerous inquiries from wireless communications service providers construction of wireless communications towers in the City; and "City") has received for the location and WHEREAS, 47 U.S.C. § 332(c)(7) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, expressly preserves the zoning authority of local governments relating to wireless communications towers and related facilities; and WHEREAS, the City has a limited number of potential sites that would be acceptable for the installation of wireless communications towers and facilities; and WHEREAS, the citizens of the City have expressed great concern about the location of wireless communications towers and related facilities within the City, related to preserving the residential character of the community, promoting the integrity of the City's residential neighborhoods and addressing safety issues; and WHEREAS, the limited number of potential wireless communications tower and wireless communications antenna sites requires the City to address the needs of competing wireless service providers; and WHEREAS, City staff and the Planning and Zoning Commission have studied and recommended appropriate siting policies to permit the placement of wireless communications towers and related facilities in locations that will balance the interests of public safety, aesthetics, property values and the provision of wireless communications services by the use of such facilities; and WHEREAS, the City Council has determined that the current zoning provisions within the City Code are inadequate as they relate to compatibility of wireless communications tower siting with surrounding properties, proliferation of towers and encouraging co-location of antennas; and WHEREAS, City staff has drafted amendments to the City Code determined to be necessary to protect the aesthetic, health, safety and welfare concems found to exist. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: Section 1. Section 9.116(16)(a)(ix) of the City Code is hereby repealed. Section 2. Chapter 9 of the City Code is hereby amended to include a new Section 9.615, to read as follows: "9.615 Wireless Communications Towers and Antennas. 1) Purpose. The purpose of this Section is to provide a uniform and comprehensive set of standards for the development and installation of wireless communications towers, antennas and related facilities. The regulations and requirements contained herein are intended to: (i) regulate the placement, construction and modification of wireless communications towers and related wireless communications facilities in order to protect the health, safety, and welfare of the public and the aesthetic quality of the City; and (ii) encourage managed development of wireless communications infrastructure, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the City of Columbia Heights. It is intended that the City shall apply these regulations to accomplish the following: Minimize the total number of towers throughout the community through siting standards; b) Encourage the location of towers in non-residential areas and with compatible uses; c) Provide for the appropriate location and development of wireless communications towers, antennas and related facilities within the City, to the extent possible, to minimize potential adverse impacts on the community; Minimize adverse visual impacts of wireless communications towers and related facilities through careful design, siting, landscape screening, and innovative camouflaging techniques utilizing current and future technologies; e) Promote and encourage shared use/co-location of towers and antenna support structures; Maintain and preserve the existing residential character of the City of Columbia Heights and its neighborhoods and to promote the creation of a convenient, attractive and harmonious community; 2 g) Promote the public safety and avoid the risk of damage to adjacent properties by ensuring that wireless communications towers and related wireless communications facilities are properly designed, constructed, modified, maintained and removed; h) Ensure that wireless communications towers and related wireless communications facilities are compatible with surrounding land uses; i) Encourage the use of alternative support structures, co-location of new antennas on existing wireless communications towers, camouflaged towers, and construction of towers with the ability to locate three or more providers; j) Maintain and ensure that a non-discriminatory, competitive and broad range of wireless communications services and high quality wireless communications infrastructure consistent with federal law are provided to serve the community; and Ensure that wireless communications facilities comply with radio frequency emissions standards as promulgated by the Federal Communications Commission. This Section is not intended to regulate satellite dishes, satellite earth station antennas, residential television antennas in private use, multichannel multipoint distribution service antennas, or amateur radio antennas. 2) Definitions. For the purposes of this Section the following terms and phrases shall have the meaning ascribed to them herein: Accessory Structure means a structure or portion of a structure subordinate to and serving the principal structure on the same lot. Accessory Use shall have the meaning set forth in the Land Use and Development Ordinance. .Antenna means a device fabricated of fiberglass, metal or other material designed for use in transmitting and/or receiving communications signals and usually attached to a wireless communications tower or antenna support structure. Antenna Support Structure means any building or structure, excluding towers, used or useable for one or more wireless communications facilities. Buffer or Buffering means a natural or landscaped area or screening device intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another so as to lessen the impact and adverse relationship between dissimilar, unrelated or incompatible land uses. City means the City of Columbia Heights, Minnesota, and any and all departments, agencies and divisions thereof. City Code means the Columbia Heights City Code, as amended from time to time. City Council or Council means the Columbia Heights City Council or its designee. City Manager means the City Manager of the City of Columbia Heights, Minnesota or the City Manager's designee. Co-location means the use of a single wireless communications tower, antenna support structure and/or site by more than one prorider. Conditional Use means those uses that are generally compatible with other uses permitted in a zoning district, but that require individual review of their location, design, configuration, intensity and structures, and may require the imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular location. This definition shall only apply to this specific Section and shall not apply to other Sections or provisions of the Land Use and Development Ordinance. Conditional Use Permit means a permit specially and individually granted by the Council after a public hearing thereon by the Planning Commission for any conditional use so permitted in any zoning district. In approving a conditional use permit, the Council may impose reasonable conditions to accomplish the objectives of this Section with respect to use, screening, lighting, hours of operation, noise control, maintenance, operation or other requirements. Equipment Cabinet or Shelter means a structure located near a wireless communications facility that contains electronics, back-up power generators and/or other on-site supporting equipment necessary for the operation of the facility. Existing Tower means any tower designated as an existing tower by subsection 6 of this Section for which a permit has been properly issued prior to the effective date of this Ordinance, including permitted towers that have not yet been constructed so long as such approval is current and not expired. After the effective date of this Ordinance, any tower approved and constructed pursuant to the provisions of this Section shall thereafter be treated as an existing tower for purposes of regulation pursuant to this Ordinance and the Land Use and Development Ordinance. 4 Guyed Tower means a wireless communications tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself. Land Use and Development Ordinance means Chapter 9 of the Columbia Heights Code, as it may be amended from time to time. Microwave Dish Antenna means a dish-like antenna used to transmit and/or receive wireless communications signals between terminal locations. Monopole Tower means a wireless communications tower consisting of a single pole or spire supported by a permanent foundation, constructed without guy wires and ground anchors. Non-Conformity shall have the meaning given in Minn. Stat.§ 394.22, Subd. 8, or successor statutes, and shall be govemed by the provisions of the Land Use and Development Ordinance (Non-Conformities). Ordinance means this Ordinance No. 1424. Panel Antenna means an array of antennas designed to direct, transmit or receive radio signals from a particular direction. Pico Cell means a low-power cell whose coverage area extends 300 to 500 yards. Planning Commission means the Columbia Heights Planning and Zoning Commission. Provider (when used with reference to a system) means a person or entity that provides wireless communications service over a wireless communications facility, whether or not the provider owns the facility. A person that leases a portion of a wireless communications facility shall be treated as a provider for purposes of this Section. Satellite Dish means an antenna device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, hom, or comucopia-shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas. Self-support/Lattice Tower means a tower structure requiring no guy wires for support. Stealth or Camouflaged Tower, Equipment Cabinet or Facility means any wireless commtmications tower, equipment cabinet or facility designed to hide, obscure or conceal the presence of the tower, antenna, equipment cabinet or other 3) related facility. The stealth technology used must incorporate the wireless communications tower, equipment cabinet and facility into and be compatible with the existing or proposed uses of the site. Examples of stealth facilities include, but are not limited to: architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and wireless communications towers designed to look like light poles, power poles, trees, flag poles, clocks, steeples or bell towers. Utility Pole-Mounted Facility means a wireless communications facility attached, without regard to mounting, to or upon an electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other similar facility located within a public fight-of-way or utility easement approved by the Planning Commission. The facility shall include any associated equipment shelters regardless of where they are located with respect to the mount. Whip Antenna means an omni-directional antenna used to transmit and/or receive radio signals. Wireless Communications Facility means a facility that is used to provide one or more wireless communications services, including, without limitation, arrays, antennas and associated facilities used to transmit and/or receive wireless communications signals. This term does not include wireless communications towers, over-the-air reception devices that deliver or receive broadcast signals, satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide direct-to- home satellite services CDBS") or devices that provide multichannel multi-point distribution services CMMDS") as defined and regulated by 47 C.F.R. § 1.4000, as amended. Wireless Communications Services means those services specified in 47 U.S.C. §§ 332(c)(7)(C) and 332(d)(1)-(2), and any amendments thereto. Wireless Communications Tower means a guyed, monopole or self- support/lattice tower, or extension thereto, constructed as a freestanding structure, supporting one or more wireless communications facilities used in the provision of wireless communications services. Zoning Administrator means the person appointed by the City Manager as provided in the Land Use and Development Ordinance. Applicability. The requirements of this Section apply to the extent provided herein to all new, existing, replacement, re-located or expanded and/or modified wireless communications towers and wireless communications facilities. The requirements of this Section apply throughout the City. It is the express intent of the City to impose, to the extent permitted by applicable law, all requirements of this Section to all land within the 6 City, whether publicly or privately held, including, without limitation, private property, City property, church property, utility property and school property. Non-Essential Services. Wireless communications towers and wireless communications facilities will be regulated and permitted pursuant to this Section and not regulated or permitted as essential services, public utilities or private utilities. b) Attempt to Locate on Existing Tower or Antenna Support Structure. Every owner/operator seeking to locate a wireless communications facility within the City must attempt to locate on an existing wireless communications tower or antenna support structure as required by subsections 7 through 8 of this Section. 4) Exempt from City Review. The following activities shall be permitted without City approvals: Amateur Radio - the installation of any antenna and its supporting tower, pole or mast to the extent City regulation is preempted by state or federal law. b) Residential Television Antennas the installation of residential television antennas in private use to the extent preempted by state and federal law. c) Satellite Dishes - the installation of satellite dishes to the extent preempted by state or federal law. d) Mobile News-the use of mobile services equipment providing public information coverage of news events of a temporary or emergency nature. Permitted Locations. The following applies to all wireless communications towers, including re-located or expanded and/or modified towers, but not to existing towers: Wireless communications towers less than 120 feet in height shall be a permitted use in the I-1 and 1-2 zoning districts. b) Wireless communications towers greater than or equal to 120 feet in height shall be a conditional use in the I-1 and 1-2 zoning districts. c) Wireless communications towers less than 80 feet in height shall be a permitted use in the RB, CBD and GB zoning districts. Wireless communications towers greater than or equal to 80 feet in height shall be a conditional use in the RB, CBD and GB zoning districts. e) Wireless communications towers less than 80 feet in height shall only be allowed as a conditional use in the R-l, R-2, R-3, R-4 and LB zoning districts. Wireless communications towers greater than or equal to 80 feet in height shall not be a permitted use in the R-1, R-2, R-3, R-4 and LB zoning districts. g) Except where superseded by the requirements of county, state or federal regulatory agencies possessing jurisdiction over wireless communications towers, equipment cabinets and wireless communications facilities, such towers, equipment cabinets and facilities shall be stealth towers, stealth equipment cabinets and stealth facilities camouflaged to blend into the surrounding environment using stealth technology in a manner pre-approved by the City on a case-by-case basis. h) Utility pole-mounted facilities shall be permitted as accessory uses in all zoning districts. Applications for such facilities shall be subject to the conditions set forth in this Section. 6) Existing Towers. Except where otherwise noted, existing towers shall not be rendered non- conforming uses by this Section. The City encourages the use of these existing towers for purposes of co-locating additional wireless communications facilities. Any and all towers erected and in use or approved on or before the effective date of this Ordinance shall be treated as existing towers. These towers shall be considered conforming uses with respect to this Section and the City shall allow co-location on these towers subject to the requirements of subsection 7 of this Section so long as the providers utilize the most visually unobtrusive equipment that is technologically feasible. b) Owners of existing towers shall be required to comply with the requirements and procedures set forth in subections 13 and 14 ("Construction of New Towers" and "Application Process for New Towers") to replace an existing tower. c) Owners of existing towers shall be required to comply with the applicable requirements and procedures set forth in subsections 6, 7, 8 and 13 ("Existing Towers," "Co-location Use, Modification and Relocation of Existing Towers," "Application to Locate Wireless Communications Facility on Existing Tower," and "Construction of New Towers") to modify or relocate an existing tower or to co-locate a wireless communications facility on an existing tower. d) Increases in height of an existing wireless communications tower, modification of an existing wireless communications tower or conversion of an existing wireless communications tower to a stealth or camouflage structure shall be treated as a new tower and subject to all the applicable requirements of this Section. e) Owners of existing wireless communications towers shall be required to comply with the requirements set forth in subsection 15 ("Annual Registration") and subsection 16 ("General Requirements"). 7) Co-Location Use, Modification and Relocation of Existing Towers. Any owner of an existing tower or antenna support structure containing additional capacity suitable for installation or co-location of wireless communications facilities shall permit providers to install or co-locate said facilities on such towers or antenna support structures; provided that no existing tower or antenna support structure shall be used to support wireless commtmications facilities for more than three separate providers. Any co-location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. b) Any existing tower may be modified or relocated to accommodate co-location of additional wireless communications facilities as follows: (i) An application for a wireless communications permit to modify or relocate a wireless communications tower shall be made to the Zoning Administrator. The application shall contain the information required by subsection 14(b)-(c) of this Section. The Zoning Administrator shall have the authority to issue a wireless communications permit without further approval by the Council or the Planning Commission, except as proirided in this Section. Any denial of an application for a wireless communications permit to modify or relocate a wireless communications tower for purposes of co-location shall be made in accordance with subsection 14(e) of this Section. (ii) The total height of the modified tower and wireless communications facilities attached thereto shall not exceed the maximum height allowed for a permitted wireless communications tower in the zoning district in which the tower is located, unless a conditional use permit is granted by the City. (iii) Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this Section. The tower's pre-modification height shall be used to calculate such distance separations. (iv) A tower which is being rebuilt to accommodate the co-location of additional wireless communications facilities may be moved on the same parcel subject to compliance with the requirements of this Section. (v) A tower that is relocated on the same parcel shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein. 9 8) Application to Locate Wireless Communications Facility on Existing Tower. An application for a wireless communications permit to locate or re-locate a wireless communications facility on an existing tower must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the existing tower, along with the tower owner's name and telephone number; (iii) Number of applicant's wireless communications facilities to be located on the subject tower; (iv) A swom and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all other construction standards set forth by the City Code, and federal and state law; (v) An application fee in the amount set by the Council for each wireless communications facility listed on the application; (vi) A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and the supporting tower, topography, and any other information deemed by the City to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the applicant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information about the location, height, and design of each wireless communications facility or tower; (ix) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of the Land Use and Development Ordinance; and 10 9) b) (X) A certification that the site described in the application is located on an existing tower and the owner/operator agrees to the co-location of the subject wireless communications facility. c) An application for a wireless communications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an existing tower and that satisfies the requirements set forth in this Section, shall receive expedited treatment in the review process. d) So as to further expedite the permitting process and to promote the efficient use of existing sites, the City encourages the users of existing towers to submit a single application for approval of multiple users on a single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee specified in this subsection multiplied by the number of users listed in such application. e) A petitioner shall submit any additional information requested by the City for purposes of evaluating the permit request. In granting or denying a wireless communications permit to locate or re-locate a wireless communications facility on an existing tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. Wireless Communications Facilities on Antenna Support Structures. b) All wireless communications facilities to be located on antenna support structures shall be subject to the following minimum standards: (i) Wireless communications facilities shall only be permitted on buildings which are at least thirty-five (35) feet tall. (ii) Wireless communications facilities shall be permitted on the City's water tower; provided that the City may impose reasonable conditions which ensure that such facilities do not interfere with access to or maintenance of the tower. (iii) If an equipment cabinet associated with a wireless communications facility is located on the roof of a building, the area of the equipment cabinet shall not exceed ten (10) feet in height, four hundred (400) square feet in area nor occupy more than ten percent (10%) of the roof area. All equipment cabinets shall be constructed out of nonreflective materials and shall be designed to blend with existing architecture and located or designed to minimize their visibility. Antenna dimensions. 11 (i) Unless a conditional use permit is obtained ~'om the City, whip antennas and their supports must not exceed 25' in height and 12" in diameter and must be constructed of a material or color which matches the exterior of the antenna support structure. (ii) Unless a conditional use permit is obtained from the City, panel antennas and their supports must not exceed 8' in height or 2.5' in width and must be constructed of a material or color which matches the exterior of the building or structure, so as to achieve maximum compatibility and minimum visibility. (iii) Unless a conditional use permit is obtained from the City, microwave dish antennas located below sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty- five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. c) Notwithstanding anything to the contrary, wireless communications facilities and related equipment shall not be installed on antenna support structures in residential zoning districts, unless a conditional use permit is obtained from the City. d) Wireless communications facilities located on antenna support structures, and their related equipment cabinets, shall be located or screened to minimize the visual impact of such facilities and equipment cabinets upon adjacent properties. Any such screening shall be of a material and color that matches the exterior of the building or structure upon which it is situated. Wireless communications facilities and related equipment cabinets shall be of a stealth design, and shall have an exterior finish and/or design as approved by the City. Application to Locate Wireless Communications Facility on Antenna Support Structure. An application for a wireless communications permit to locate or re-locate a wireless communications facility on an antenna support structure must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the antenna support structure, along with the property owner's name and telephone number; (iii) Number of applicant's wireless communications facilities to be located on the subject property; 12 (iv) A sworn and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all requirements and standards set forth in the City Code, and federal and state law; (V) An application fee in an amount set by the Council for each wireless communications facility listed on the application; (vi) A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and the roofiop and building, topography, a current survey, landscape plans, and any other information deemed by the City to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the applicant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information about the location, height, and design of each wireless communications facility or tower; (ix) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance; and (x) A certification that the site described in the application is located on an existing antenna support structure and the owner/operator agrees to the location or co-location of the subject wireless communications facility. b) An application for a wireless communications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an antenna support structure and that satisfies the requirements set forth in this Section, shall receive expedited treatment in the review process. c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the City encourages the users of antenna support structures to submit a single application for approval of multiple users on a single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee described in this Section multiplied by the number of users listed in such application. 13 An applicant must submit a proposed stealth design for camouflaging its wireless communications facility, unless this requirement is preempted by the operation of applicable laws or regulations. e) A petitioner shall submit any additional information requested by the City for purposes of evaluating the permit request. In granting or denying a wireless communications permit to locate or re-locate a wireless communications facility on an antenna support structure, the Zoning Administrator shall prepare a written record of decision including findings of fact. 11 ) Utility Pole-Mounted Wireless Communications Facilities. Utility pole-mounted wireless communications facilities may be permitted as accessory uses in all zoning districts if the provider uses pico cell equipment. Such facilities shall only be permitted in public rights-of-way that are at least 100 feet in width. To the greatest practical extent, utility pole-mounted wireless communications facilities shall be sited where they are concealed from public view by other objects such as trees or buildings. When it is necessary to site such a facility in public view, to the greatest practical extent it shall be designed to limit visual impact on surrounding land uses, which design must be approved by the City. b) The height of a utility pole-mounted facility shall not exceed two (2) feet above the pole structure. c) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are located within the public right-of-way shall be of a scale and design that make them no more visually obtrusive than other types of utility equipment boxes normally located within the right-of-way and shall be located in a manner and location approved by the City. To the greatest practical extent, equipment cabinets associated with utility pole-mounted facilities which are located outside of the public right-of-way shall be concealed from public view or shall be architecturally designed using stealth technology or buffered to be compatible with surrounding land uses, except that such shelters located in residential zoning districts must be screened from the view of residents and pedestrians. d) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are located outside the public fight-of-way shall meet the setback requirements for accessory buildings and structures for the zoning district in which the equipment cabinet is located. e) Generators associated with equipment shelters must meet with the requirements of the City Code. 14 12) Application for Utility Pole-Mounted Wireless Communications Facility. An application for a wireless communications permit to locate or re-locate a utility pole-mounted wireless communications facility must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: (i) Name, address and telephone number of the applicant; (ii) Location of the utility pole-mount, along with the property owner's name and telephone number; (iii) Number of applicant's wireless communications facilities to be located on the subject property; (iv) A sworn and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all requirements and standards set forth in the City Code, and federal and state law; (v) An application fee in the amount set by the Council for each wireless communications facility listed on the application; (vi) A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and utility pole-mount, topography, a current survey, landscape plans, and any other information deemed by the City to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the applicant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information about the location, height, and design of each wireless communications facility or tower; (ix) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance; and 15 (X) A certification that the site described in the application is located on a utility pole-motmt and the owner/operator agrees to the location of the wireless communications facility. b) An application for a wireless communications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an already existing utility pole-mount and that satisfies the requirements set forth in this Section, shall receive expedited treatment in the review process. c) A petitioner shall submit any additional information requested by the City for purposes of evaluating the permit request. d) In granting or denying a wireless communications permit to locate or re-locate a utility pole-mounted wireless communications facility, the Zoning Administrator shall prepare a written record of decision including findings of fact. 13) Construction of New Towers. (a) Conditions of Approval for Wireless Communications Towers. (i) Setback. The distance between the base of any proposed wireless communications tower, measured from the center of a tower, and the nearest lot line shall be at least equal to the height of the tower, provided that this distance may be reduced to a specified amount if an applicant provides a certification from the tower manufacturer or a qualified engineer stating that the tower is designed and constructed in such a way as to crumple, bend, collapse or otherwise fall within the specified distance. In no event shall the distance between the base of a proposed wireless communications tower, measured from the center of the tower, and the nearest lot line be less than twenty (20) percent of the tower height. (ii) Structural requirements. All wireless communications tower designs must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sound and, at a minimum, in conformance with the City's Building Code, the State Building Code, and any other standards outlined in the Land Use and Development Ordinance, as amended from time to time. (iii) Height. The height of permitted wireless communications towers shall be as specified in subsection 5 of this Section. 16 b) Requirements for Separation Between Towers. c) (i) Except for wireless communications facilities located on roof-tops or utility pole-mounted facilities, the minimum wireless communications tower separation distance shall be calculated and applied irrespective of jurisdictional boundaries. (ii) Measurement of wireless communications tower separation distances for the purpose of compliance with this Section shall be measured from the base of a wireless communications tower to the base of the existing or approved wireless communications tower. (iii) Proposed towers must meet the following minimum separation requirements from existing towers or towers previously approved but not yet constructed at the time a development pennit is granted pursuant to this Section: MINIMUM TOWER SEPARATION DISTANCE Height of Height of Minimum Existing Tower Proposed Tower Separation Less than 50' Less than 50' 100' " 50'-100' 200' " 101'-150' 400' " 151 '-200' 800' 50'-100' Less than 50' 100' " 50'-100' 400' " 101'-150' 600' " 151 '-200' 800' 101 '-150' Less than 50' 100' " 50'-100' 400' " 101'-150' 600' " 151 '-200' 800' 151 '-200' Less than 50' 100' " 50'-100' 600' " 101'-150' 800' " 151 '-200' 1000' For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the base of the existing or approved structure and the center of the proposed base, pursuant to a site plan of the proposed wireless communications tower. Standards for Co-location. This subsection is designed to foster shared use of wireless communications towers. (i) Construction of Excess Capacity. Any owner of a wireless communications tower shall permit other providers to install or co-locate antennae or wireless communications facilities on such towers, if available 17 (ii) (iii) (iv) (v) Tower (i) (ii) space and structural capacity exists; provided, however, that no wireless communications tower shall be used to support wireless communications facilities for more than three separate providers. Any co-location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. All new wireless communications towers shall be constructed with excess capacity for co- location as follows: Less than 80 feet in height One additional user 80 feet to 119 feet in height Two or more additional users (up to a maximum of three users) 120 feet in height or greater Three additional users Notwithstanding anything to the contrary, all new monopole towers over 80 feet in height and existing monopole towers that are extended to a height over 80 feet shall be designed and built to accommodate at least two providers, and up to a maximum of three providers if technically possible. Notwithstanding anything to the contrary, all new guyed towers, and existing guyed towers that are replaced or modified shall be designed and built to accommodate three providers. Site area. The site or leased footprint shall contain sufficient square footage to accommodate the equipment/mechanical facilities for all proposed providers based upon the structural capacity of the tower. Setbacks. If it is determined that a proposed wireless communications tower cannot meet setback requirements due to increases in tower height to accommodate the co-location of at least one additional wireless communications service provider, minimum setback requirements may be reduced by a maximum of fifteen (15) feet, unless such a reduction would decrease the distance between the base of the tower and the nearest lot line to less than twenty (20) percent of the tower height, in which case set-back requirements may be reduced to a distance that is equal to or greater than twenty (20) percent of the tower height. Design and Type. All proposed wireless communications towers shall be monopole towers or stealth towers. Self-supporting towers or guyed lattice towers shall only be permitted as a replacement of like structures. Utility pole-mounted facilities or extensions on utility poles to accommodate the mounting of wireless communications facilities shall be of the monopole type. 18 (iii) Antennas shall be of the uni-cell variety whenever feasible or mounted internal to the wireless communications tower structure. (iv) Stealth wireless communications towers, equipment cabinets and related facilities shall be required in all zoning districts. e) Landscaping Minimum Requirements. Wireless communications towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the perimeter of the compound. Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as wireless communications towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. All areas disturbed during project construction shall be replanted with vegetation. The owner of a wireless communications tower is responsible for all landscaping obligations and costs. A landscaping plan for the purpose of screening the base of the tower from view shall be submitted to the Zoning Administrator for approval prior to the issuance of a building permit for the tower. The City may waive the enforcement of this condition if it is deemed unnecessary. f) Visual Impact Standards. To assess the compatibility with and impact on adjacent properties of a proposed wireless communications tower site, an applicant seeking to construct, relocate or modify a wireless communications tower may be required to submit a visual impact analysis. The requirements of this subsection shall be required for any application to construct a tower greater than 80 feet in height. The applicant may request a review of a proposed wireless communications tower location, prior to submission of an application, to determine whether or not a visual impact analysis will be required. The applicant shall be advised of the requirement to submit a visual impact analysis by the City within ten (10) working days following the City's receipt of the applicant's application for construction of a new wireless communication tower or the relocation or modification of an existing tower. (i) Whenever a visual impact analysis is required, an applicant shall utilize digital imaging technology to prepare the analysis in a manner acceptable to the City. At a minimum, a visual impact analysis must provide the following information: a, The location of the proposed wireless communications tower illustrated upon an aerial photograph at a scale of not more than one inch equals 300 feet (1" = 300'). All adjacent zoning districts within a 3,000 foot radius from all property lines of the proposed wireless communications tower site shall be indicated; and 19 (ii) (iii) b, A line of site analysis which shall include the following information: certification that the proposed wireless communications tower meets or exceeds standards contained in this Section; identification of all significant existing natural and manmade features adjacent to the proposed wireless communications tower site and identification of features which may provide buffering and screening for adjacent properties and public rights-of-way; identification of at least three specific points within a 2,000 foot radius of the proposed wireless communications tower location, subject to approval by the Zoning Administrator, for conducting the visual impact analysis; copies of all calculations and a description of the methodology used in selecting the points of view and collection of data submitted in the analysis; graphic illustration of the visual impact of the proposed wireless communications tower, at a scale that does not exceed 5 degrees of horizontal distance, presented from the specific identified points; identification of all screening and buffering materials under the permanent control of the applicant (only screening and buffering materials located within the boundaries of the proposed site shall be considered for the visual impact analysis); and identification of all screening and buffering materials that are not under the permanent control of the applicant but are considered of a permanent nature due to ownership or use patterns, such as a public park, vegetation preserve, required development buffer, etc. Screening and buffering materials considered in the visual impact analysis shall not be removed by future development on the site. However, screening and buffering materials considered in the visual impact analysis shall be replaced if they die. An applicant shall provide any additional information that may be required by the Zoning Administrator to fully review and evaluate the potential impact of the proposed wireless communications tower. 2O 14) Application Process for New Towers. The use of existing structures to locate wireless communications facilities shall be preferred to the construction of new wireless communications towers. To be eligible to construct a new wireless communications tower within City limits, an applicant must establish to the satisfaction of the City that the applicant is unable to provide the service sought by the applicant from available sites, including co- locations within the City and in neighboring jurisdictions; and the applicant must demonstrate to the reasonable satisfaction of the City that no other suitable existing tower or antenna support structure is available, including utility poles; and that no reasonable alternative technology exists that can accommodate the applicant's wireless communications facility due to one or more of the following factors: (i) The structure provides insufficient height to allow the applicant's facility to function reasonably in parity with similar facilities; (ii) The structure provides insufficient structural strength to support the applicant's wireless communications facility; (iii) The structure provides insufficient space to allow the applicant's wireless communications facility to function effectively and reasonably in parity with similar equipment; (iv) Use of the existing structure would result in electromagnetic interference that cannot reasonably be corrected; (V) The existing structure is unavailable for lease under a reasonable leasing agreement; (vi) Use of the structure would create a greater visual impact on surrounding land uses than the proposed alternative or otherwise would be less in keeping with the goals, objectives, intent, preferences, purposes, criteria or standards of this Ordinance, the Land Use and Development Ordinance and land development regulations; and/or (vii) Other limiting factors. b) An applicant must submit any technical information requested by the City or its designated engineering consultant as part of the review and evaluation process. c) An application for a wireless communications permit to construct a wireless communications tower must be submitted to the Zoning Administrator on the designated form and shall contain, at a minimum, the following information: 21 (i) Name, address and telephone number of the applicant; (ii) Proposed location of the wireless communications tower, along with all studies, maps and other information required by subsections 13 and 14 of this Section (applicant shall submit information for only one proposed tower per application); (iii) Number of applicant's wireless communications facilities to be located on the subject tower and the number of spaces available for co-location; (iv) A sworn and certified statement in writing by a qualified engineer that the wireless communications tower will conform to all requirements set forth in the City Code, and federal and state law; (v) An application fee in the amount set by the Council; (vi) A copy of all licenses and/or ~'anchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the City; (vii) A scaled site plan clearly indicating the location, type and height of the proposed wireless communications tower, on-site land uses and zoning, elevation and stealth design drawings of the proposed tower, topography, and any other information deemed by the Zoning Administrator to be necessary to assess compliance with this Ordinance and the Land Use and Development Ordinance; (viii) An inventory of the applicant's existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the City or within one mile of the City limits, including specific information about the location, height, and design of each wireless communications facility or tower; (ix) The names, addresses and telephone numbers of all owners of existing towers or antenna support structures within an area equal to one hundred percent (100%) of the search ring for the wireless communications facility proposed to be located on the proposed new tower; (X) Written documentation in the form of an affidavit that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the proposed wireless communications facility on all existing towers or antenna support structures located within an area equal to one hundred percent (100%) of the search ring for the proposed site of the wireless communications facility; 22 d) e) (xi) Written, technical evidence from a qualified engineer that the proposed wireless communications facility cannot be installed or co-located on an existing tower or antenna support structure located within the City and must be located at the proposed site in order to meet the coverage requirements of the proposed wireless communications service, together with a composite propagation study which illustrates graphically existing and proposed coverage in industry-accepted median received signal ranges; (xii) A written statement from a qualified engineer that the construction and placement of the proposed wireless communications tower will comply with Federal Communications Commission radiation standards for interference and safety and will produce no significant signal interference with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties; and (xiii) A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this Ordinance and the Land Use and Development Ordinance. A proposed wireless communications tower that exceeds the height limitations for a permitted tower in the GB, RB, CBD, I-1 or 1-2 zoning districts, or any proposed wireless communications tower under eighty (80) feet in the R-l, R-2, R-3, R-4, or LB districts, shall only be allowed upon approval of a conditional use permit. The City Council may establish any reasonable conditions for approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives of this Ordinance and the Land Use and Development Ordinance. Such a conditional use permit shall be required in addition to a wireless communications permit. In granting or denying a wireless communications permit to construct a wireless communications tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. Proposed wireless communication towers that meet the standards and requirements contained herein, including location and height limitations, may be approved administratively by the Zoning Administrator. Proposed wireless communication towers that do not meet the standards and requirements contained herein, including location and height limitations, may be denied administratively by the Zoning Administrator, provided that the written record of decision including findings of fact is accepted by the Council. 23 15) Annual Registration Requirement. Wireless Communications Facilities. To enable the City to keep accurate, up- to-date records of the location of wireless communications facilities within City limits, on an annual basis, no later than February 1 of each year, or upon change in ownership of wireless communications facilities, the owner/operator of such facilities shall submit documentation to the Zoning Administrator providing: (i) Certification in writing that the wireless communications facility conforms to the requirements, in effect at the time of construction of the facility, of the State Building Code and all other requirements and standards set forth in the City Code, and federal and state law by filing a swom and certified statement by a qualified engineer to that effect. A wireless communications facility owner/operator may be required by the City to submit more frequent certification should there be reason to believe that the structural and/or electrical integrity of the wireless communications facility is jeopardized. The City reserves the fight upon reasonable notice to the owner/operator of the wireless communications facility to conduct inspections for the purpose of determining whether the wireless communications facility complies with the State Building Code and all requirements and standards set forth in local, state or federal laws; and (ii) The name, address and telephone number of any new owner, if there has been a change of ownership of the wireless communications facility. Annual payment of a registration fee, as set by the Council, for each wireless communications facility located within the City shall be submitted to the City at the time of submission of the documentation required above. b) Wireless Communications Towers. To enable the City to keep accurate, up-to- date records of the location and continued use of wireless communications towers within City limits, on an annual basis, no later than February 1 of each year, or upon change in ownership of a wireless communications tower, the owner/operator of each tower shall submit documentation to the Zoning Administrator providing: (i) Certification in writing that the wireless communications tower is structurally sound and conforms to the requirements, in effect at the time of construction of the tower, of the State Building Code and all applicable standards and requirements set forth in the City Code, and federal and state law, by filing a swom and certified statement by a qualified engineer to that effect. The tower owner may be required by City to submit more frequent certifications should there be reason to believe that the structural and/or electrical integrity of the tower is jeopardized; 24 (ii) The number of providers located on the tower and their names, addresses and telephone numbers; (iii) The type and use of any wireless communications facilities located on the tower; and (iv) The name, address and telephone number of any new owner of the tower, if there has been a change of ownership of the tower. An annual payment of a registration fee, as set by the Council, for each tower located within the City shall be submitted to the City at the time of submission of the documentation required above. 16) General Requirements. The following conditions apply to all wireless communications towers and wireless communications facilities in the City: Duration of Permits. If substantial construction or installation has not taken place within one year after City approval of a wireless communications peait, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such a petition shall be submitted in writing at least 30 days prior to the expiration of the approval and shall state facts showing a good faith effort to complete the work permitted under the original permit. b) Assignment and Subleasing. No wireless communications facility, tower or antenna support structure or wireless communications permit may be sold, transferred or assigned without prior notification to the City. No sublease shall be entered into by any prorider until the sublessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. No potential prorider shall be allowed to argue that a permit should be issued for an assigned or subleased wireless communications facility or tower or antenna support structure on the basis of any expense incurred in relation to the facility or site. c) Aesthetics. Wireless communications towers and wireless communications facilities shall meet the following requirements: (i) Signs. No commercial signs or advertising shall be allowed on a wireless communications tower or a wireless communications facility. (ii) Lighting. No signals, lights, or illumination shall be permitted on a wireless communications tower or a wireless communications facility, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtrusiveness to the surrounding community. However, an applicant shall obtain approval from the City if the Federal Aviation Administration requires the addition of standard obstruction 25 d) e) g) marking and lighting (i.e., red lighting and orange and white striping) to the tower. An applicant shall notify the Zoning Administrator prior to making any changes to the original finish of the tower. (iii) Graffiti. Any graffiti or other unauthorized inscribed materials shall be removed promptly or otherwise covered in a manner substantially similar to, and consistent, with the original exterior finish. The City may provide a wireless communications tower or equipment cabinet owner and/or operator written notice to remove or cover graffiti within a specific period of time or as required by other appropriate sections of the City Code as presently existing or as may be periodically amended. In the event the graffiti has not been removed or painted over by the owner and/or operator within the specified time period, the City shall have the right to remove or paint over the graffiti or other inscribed materials. In the event the City has to remove or paint over the graffiti, then the owner and/or operator of the wireless communications tower or equipment cabinet or structure on which the graffiti existed, shall be responsible for all costs incurred. Federal and State Requirements. All wireless communications towers and wireless communications facilities must meet or exceed the standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the state or federal government with the authority to regulate wireless communications towers and facilities. If such standards and regulations change, then the owners of the wireless communications towers and wireless communications facilities subject to such standards and regulations must bring such towers and facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to maintain or bring wireless communications towers and wireless communications facilities into compliance with such revised standards and regulations shall constitute a violation of this Ordinance and shall be subject to enforcement under the City Code. Penalties for violation may include fines and removal of the tower or wireless communications facility at the owner's expense. Licenses or Franchise. An owner of a wireless communications tower or wireless communications facility must notify the City in writing within 48 hours of any revocation or failure to renew any necessary license or franchise. Discontinued Use. In the event the use of a wireless communications tower or wireless communications facility is discontinued, the owner and/or operator shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Abandoned Tower or Antenna. The City may require removal of any abandoned or unused wireless communications tower or wireless communications 26 facility by the tower or facility owner within thirty (30) days after notice from the City of abandonment. A wireless communications tower or wireless communications facility shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. (i) Removal by City. Where a wireless communications tower or wireless communications facility is abandoned but not removed within the specified time frame, the City may remove the facility or remove or demolish the tower and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure of the City's housing code. (ii) Towers Utilized for Other Purposes. Where a wireless communications tower is utilized for other purposes, including but not limited to light standards and power poles, it shall not be considered abandoned; provided, however, that the height of the tower may be reduced by the City so that the tower is no higher than necessary to accommodate previously established uses. (iii) Restoration of Area. Where a wireless communications tower or facility is removed by an owner, said owner, at no expense to the City, shall restore the area to as good a condition as prior to the placement of the tower or facility, unless otherwise instructed by the City. (iv) Surety or Letter of Credit for Removal. Prior to the issuance of a building permit, a surety or letter of credit shall be submitted by the property owner(s) or tower operator(s) to ensure the removal of abandoned wireless communications towers. The surety or letter of credit shall be utilized to cover the cost of removal and disposal of abandoned towers and shall consist of the following: a. submission of an estimate from a certified structural engineer indicating the cost to remove and dispose of the tower; and either a surety or a letter of credit, equivalent to one hundred percent (100%) of the estimated cost to remove and dispose of the tower. The form of the surety or the letter of credit shall be subject to approval by the Zoning Administrator and the City Attorney. h) FCC Emissions Standards. At all times, owners and/or operators of wireless communications facilities shall comply with the radio frequency emissions standards of the Federal Communications Commission. (i) Testing required. All existing and future wireless communications facilities shall be tested in accordance with applicable laws and regulations. Such testing, to the extent it is required, shall comply with 27 standards and procedures prescribed by the Federal Communications Commission. (ii) Inspections. The City reserves the right to conduct random radio frequency emissions inspections. The cost for such random inspections shall be paid from the wireless communications annual registration fees, unless an owner and/or operator is found to be in non-compliance ivith Federal Communications Commission RF emissions standards, whereupon the non-compliant owner and/or operator shall reimburse the City in full for the cost of the inspection. i) Maintenance. All wireless communications facilities, wireless communications towers and antenna support structures shall at all times be kept and maintained in good condition, order, and repair, and, maintained in stealth condition (if stealth or camouflage is a permit requirement). The same shall not menace or endanger the life or property of any person, and shall retain original characteristics. All maintenance or construction on a wireless communications tower, wireless communications facility or antenna support structure shall be performed by licensed maintenance and construction personnel. The City shall notify a provider in writing regarding any specific maintenance required under this Section. A provider shall make all necessary repairs within thirty (30) days of such notification. Failure to effect noticed repairs within thirty (30) days may result in revocation of a tower owner's or provider's permit and/or removal of the tower, wireless communications facility or antenna support structure. j) Emergency. The City reserves the right to enter upon and disconnect, dismantle or otherwise remove any wireless communications tower or wireless communications facility should the same become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the Zoning Administrator or his designee, such as natural or manmade disasters or accidents, when the owner of any such tower or facility is not available to immediately remedy the hazard. The City shall notify any said owner of any such action within twenty-four (24) hours. The owner and/or operator shall reimburse the City for the costs incurred by the City for action taken pursuant to this subsection. k) Equipment Cabinets. Equipment cabinets located on the ground shall be constructed out of non-reflective materials and shall be screened from sight by mature landscaping and located or designed to minimize their visibility. All equipment cabinets shall be no taller than ten (10) feet in height, measured from the original grade at the base of the facility to the top of the structure, and occupy no more than four hundred (400) square feet in area, unless a waiver is granted by the City upon written request from a prorider. 1) Equipment On Site. No mobile or immobile equipment or materials of any nature shall be stored or parked on the site of a wireless communications tower or 28 wireless communications facility, unless used in direct support of a wireless communications tower or wireless communications facility or for repairs to the wireless communications tower or wireless communications facility currently underway. m) Inspections. The City reserves the right upon reasonable notice to the owner/operator of a wireless communications tower or antenna support structure, including utility poles and rooftops, to conduct inspections for the purpose of determining whether the tower or other support structure and/or related equipment cabinet complies with the State Building Code and all applicable requirements and standards set forth in local, state or federal law and to conduct radiation measurements to determine whether all antenna and transmitting equipment are operating within Federal Communications Commission requirements. n) Security. (i) An owner/operator of a wireless communications tower shall provide a security fence or equally effective barrier around the tower base or along the perimeter of the wireless communications tower compound. (ii) If high voltage is necessary for the operation of the wireless communications tower or antenna support structure, "HIGH VOLTAGE - DANGER" warnings signs shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart, or on each fence or barrier frontage. (iii) "NO TRESPASSING" warning signs shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart. (iv) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" waming signs shall be at least six (6) inches in height. The two waming signs may be combined into one sign. The waming signs shall be installed at least 4.5 feet above the finished grade of the fence or barrier. o) Advances in Technology. All providers shall use and apply any readily available advances in technology that lessen the negative aesthetic effects of wireless communications facilities and wireless communications towers to the residential communities within the City. Every five (5) years, the City may review existing structures and compare the visual impact with available technologies in the industry for the purpose of removal, relocation or alteration of these structures in keeping with the general intent of this Section. Such removal, relocation or alteration may be required by the City pursuant to its zoning power and authority. Review of Applications. The City shall process all applications for wireless communications towers and wireless communications facilities in a timely manner and in 29 accordance with established procedures. The reason for the denial of any application filed in accordance with this provision shall be set forth in writing, and shall be supported by substantial evidence in a written record. 18) Appeals. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this Section, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision in accordance with the provisions of the Land Use and Development Ordinance. 19) Revocation. A material breach of any terms and conditions of a permit issued for a wireless communications tower or wireless communications facility under this Ordinance and the Land Use and Development Ordinance may result in the revocation by the City of the right to operate, utilize or maintain the particular tower or wireless communications facility within the City following written notification of the violation to the owner or operator, and after failure to cure or otherwise correct said violation within thirty (30) days. A violation of this Section shall be subject to enforcement in accordance with the Land Use and Development Ordinance. Penalties for a violation of a permit or this Section may include fines and removal of the wireless communications tower or wireless communications facility at the owner's expense." Section 3. CAPTIONS. The captions throughout this Ordinance are intended solely to facilitate reading and reference to the sections and provisions of this Ordinance. Such captions shall not affect the meaning or interpretation of this Ordinance. Section4. CALCULATION OF TIME. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this Ordinance, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time. Section 5. SEVERABILITY. If any term, condition or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law such that the provision which had been held invalid is no longer invalid, such provision shall thereupon remm to full force and effect without further action by the City of Columbia Heights and shall thereafter be binding on the permittee and the City. Section 6. REPEAL OF LAWS IN CONFLICT. All City laws and ordinances in conflict with any provision of this Ordinance are hereby repealed to the extent of any conflict. Section 7. INCLUSION IN THE CITY CODE. The provisions of this Ordinance shall become and be made a part of the City Code of the City of Columbia Heights. The sections of 3O this Ordinance may renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section 8. NO RECOURSE AGAINST THE CITY. Every permit shall provide that, without limiting such immunities as the City or other persons may have under applicable law, a permittee shall have no monetary recourse whatsoever against the City or its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirement of this Ordinance or because of the enforcement of this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or other applicable law, unless the same shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity. Section 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after thirty (30) days aller its passage. First Reading: Second Reading: Date of Passage: November 13, and November 27, 2000 December 11, 2000 Offered by: Second by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson 31 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: Public Hearings NO: ~- ~ ITEM: Reconvene Public Heating: Approve Modified Redevelopment Plan for CBD Redevelopment Project and TIF Plan for TIF District (Redevelopment) No. 9. ORIGINATING DEPARTMENT: CITY MANAGER'S Community Development APPROVAL BY: Kenneth Anderson ~l~ By~;~~/CO/O DATE: December 6, 2000 ISSUE STATEMENT: The City Council is scheduled to reconvene a public heating and consideration of adoption of Resolution 2000-67 on the proposal to Approve a Modified Redevelopment Plan for the Central Business District Redevelopment Project and a Tax Increment Financing Plan for Tax Increment Financing District (Redevelopment) No. 9 which is for a Transition Block Redevelopment Project (Crest View/Real Estate Equities). BACKGROUND/ANALYSIS: This proposed project consists of constructing 22 affordable rental townhouses and a 50 unit assisted senior living facility. A number of revenue sources have been secured to fund project costs, including tax increment financing (TIF). This is a proposal to provide TIF to the developer dba Columbia Heights Transition Block, LLC. The TIF may be used to pay for land acquisition costs, site improvements, installation of public utilities, administrative expenses, and capitalized interest. The TIF plan anticipates that the increment will be provided to the developer on a pay-as-you-go basis rather than up-front bond proceeds. This type of assistance eliminates the financial liability the City/EDA maybe exposed to in that we are only obligated to make TIF payments to the developer after the property taxes are actually paid to Anoka County and a portion is disbursed to the City in the form of tax increment. If taxes are not paid, no increment will be provided to the developer. This will be a redevelopment TIF district which has a maximum term of 25 years. The district boundaries include 4157 Jackson Street, (Ostrander residence), 825 41 ,t Avenue (NEI College of Technology), 4156 Central Avenue (Citywide Locksmithing), and 4150 Central (EDA property, former Columbia Professional Building). The proposed budget for TIF eligible expenditures can be found on page 5 of the TIF Plan and are conservatively estimated to be $4,330,000. This TIF district is subject to a local contribution (LGA penalty) of 5% of the annual TIF generated which must be provided from unrestricted money and cannot be made from TIF. For this project, we are fortunate in that the $545,000 grant from the Metropolitan Council can be contributed as the local contribution of the City which means no City funds must be contributed for the local contribution requirement. Dan Greensweig, legal counsel with Kennedy and Graven, Chartered, will be present to respond to questions. Keith Jans of Real Estate Equities will make a brief presentation on the project and proposed financing. RECOMMENDATION: The EDA met on September 25, 2000 and approved the TIF Plan subject to Council satisfaction with the detail of the Plan. MOTION: Move to waive the reading of Resolution 2000-67, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-67, being a Resolution Approving a Modified Redevelopment Plan for the Central Business District Redevelopment Project and a Tax Increment Financing Plan for Tax Increment Financing District (Redevelopment) No. 9 (Transition Block Redevelopment Project - Crest View/Real Estate Equities). Attachments COUNCIL ACTION: h:\CL consent\Reconvene PH CBD Redev. TIF District 9 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2000 - 67 RESOLUTION APPROVING A MODIFIED REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT (P,.EDEVELOPMENT) NO. 9 BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City") has previously established the Central Business District Redevelopment Project (the "Project") and a redevelopment plan therefor (the "Redevelopment Plan"), originally administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights CHRA"). 1.02. By resolution approved January 8, 1996, the City transferred the control, authority and operation of the Project from the HRA to the Columbia Heights Economic Development Authority ("Authority"). 1.03. The Authority has proposed the establishment within the Project of Tax Increment Financing District (Redevelopmerit) No. 9 (the "TIF District") and a Tax Increment Financing Plan CTIF Plan") therefor, pursuant to the HRA Law and Minnesota Statutes, Sections 469.174 through 469.179 ( the "TIF Act"). 1.04. The Authority has caused to be prepared a docment titled "City of Colmbia Heights, Minnesota, Columbia Heights EDA Tax Increment Financing Plan for Tax Increment Financing District (Re, development) No. 9 (Transition Block Redevelopment Project- Crest View/Real Estate Equities)" (the "Plan"). 1.05. The Authority has submitted the Plan to the City Planning and Zoning Commission, which has found that it conforms to the comprehensive City plan. 1.06. Estimates of the fiscal and economic implications of the Plan were presented to the appropriate school and county boards and officials at least 30 days before the public hearing on the Plan. 1.07. By resolution approved September 25, 2000, the Authority has approved the Plan and has recommended approval thereof by this Council, and such resolution, and its findings and supporting documentation is hereby incorporated herein. 1.08. This City Council has fully reviewed the contents of the Plan and on this date conducted a public heating thereon, at which the views of all interested persons were heard. Section 2. Findings: Project. 2.01. It is hereby found and determined that within the Project there is a need to improve the tax base and housing and employment opportunities, and to provide an impetus for commercial development. It is further specifically found and determined that: a) the land within the Project would not be made available for development without the public intervention and financial assistance described in the Plan; b) the Plan will afford maximtun opportunity, consistent with the sound needs of the City as a whole, for the development of the Project by private enterprise; and c) the Project and the Plan conform to the general plan for development of the City as set forth in the comprehensive municipal plan. 2.03. It is found and determined that it is necessary and desirable for the sound and orderly development of the Project and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance as described in the Plan. 2.04. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the Plan for TIF District No. 9 could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. 2.05. The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and Project in terms of development intensity, housing and employment opportunities, and tax base. 2.06.. The Plan conforms to the general plan of development of the City as a whole. 2.07. The Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and Project by private enterprise. 2.08. TIF District No. 9 is a redevelopment district under Section 469.174, subd. 10 of the TIF Act, based on the findings described in the Plan, which are incorporated herein by reference, and other records on file with the City, which are also incorporated herein by reference. 2 2.09. Reasons and facts supporting the findings herein are set forth in the TIF Plan. The City has also relied upon the reports and recommendations of its staff as well as the personal knowledge of members of the City Council in reaching its conclusions regarding TIF District No. 9. 2.10. The City elects to make a qualifying local contribution under Minnesota Statutes, Section 273.1399, subd. 6(d), and therefore anticipates that the TIF District will be exempt from state aid loss under that statute. Section 3. Plan AdoptS; Certification: Filing. 3.01. The Plan is hereby approved and adopted and the Redevelopment Plan is hereby modified accordingly. 3.02. The Board hereby makes all the findings set forth in the Plan, which is incorporafed herein by reference. 3.03. City staff and consultants are authorized to take all actions necessary to implement the Plan, including negotiation and preparation of agreements in connection with development and redevelopmerit within the TIF District and Project area. City staff and consultants are further authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Plan to Anoka County with a request that the original tax capacity of the property within TIF District No. 9 be certified to the City pursuant to Section 469.177, subd. 1 of the TIF Act, and to file a copy of the Plan with the Minnesota Commissioner of Revenue as required by the TIF Act. Approved by the City Council of the City of Columbia Heights this 2000. day of' CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson ATTEST: Patty Muscovitz, Deputy City Clerk H:\City Resolution 2000-67, TIF District No. 9. ..... 09(.?,.,J/~0 1~:02 F&Z..1512233002 SPRIN~$TE:Z) I~C. ~002/024 City of Columbia Heights, Minnesota Columbia Heights EDA Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 9 ~Vransition Block Redevelo ent Project- Crest lew/Real Estate Equities ~mrroJect) Prq~r~ ~ SPRINGSTED INCORPORATED 85 F_ Seem Place, Suite 100 SL Paul, MN 55101-2887 .... 09/22/00...!2:03 FAX 6512233p9.~ . _ SPSINGSD INC.__ ~003/024 TABLE OF CONTENTS Section Paae(sl A. Definitions .................................................................................................................1 B. Statutory Aulhorization ..............................................................................................1 C. Statement of Need end Public Purpose .....................................................................1 D. Statement of Objectives ............................................................................................1 E. Designation of Tax Inclement Rnancjng District as a Redevelopmerit District .......... 1 F. Duration of the TIF District and the Three Year Rule .................................................3 G. Property to be Included in the TIF I:)istrict ..................................................................3 H. Prolxidy to be Acquked in the TIF District ..'. ..............................................................3 I. Specific Development Expected to Occur Within the TIF District ............................... 3 J. Findings and Need for Tax Increment Financing .......................................................4 K. Estimated Pubic Costs ..............................................................................................5 L. Estimated Sourcee of Revenue .................................................................................5 M. Estimated Amount of Bonded Indebtedness ............... ; ..............................................6 N. Original Net Tax Capacity ..........................................................................................6 O. Original Tax CapMity Rate ........................................................................................6 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment .......... 7 Q. Use of Tax Increment ................................................................................................7 R. Excess Tax Increment ...............................................................................................8 S. Tax Increment Pooling and the Five Year Rule ..........................................................8 T. Limilation on Administrative Expenses .................................................................; ....9 U. Limitation on Propa~ Not Subject to Improvements - Four Year Rule ...................... 9 V. Estimated Impact on Other Taxing Jurisdictions ........................................................10 W. Local Government Aid Penalty ..................................................................................10 X. Prior Planned Improvements .....................................................................................10 Y. Development Agreement8 .........................................................................................10 Z. Assessment Agreements ...........................................................................................11 AA. Modifications of the Tax Increment Fhar~ng Plan ....................................................11 AB. Administration of the Tax Inclement Financing Plan ..................................................11 AC. Financial Reporting and Disclosure Requirements .........................; ..........................12 Map of the Tax Increment Financing District .......................................................... Asturnptions R~>ort .............................................................................................. Projected Tax Increment Report ............................................................................ Estimated Impact {}nOt her Taxing Jurisdictions Report ........................................ Market Value Analysis Report ................................................................................ EXHIBIT I ' EXHIBIT II EXHIBIT III EXHIBIT IV EXHIBIT V 09/22/00~1~:03 F~x 6512233002 SPRINGSTED INC. ~004/021 City of Columbia Heights, Minnesota Section A i)ellnitlon, The terms defirmd in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: 'Authority' means the Columbia Heights Economic Oevelopment Authority "City" means the City of Columbia I-lekJhts, MInnesota; also referred to as a 'Muni~'~alitv". 'City Council' rheas the CIty Council of the City;, also referred to as the "Governirm Body'. · 'County' means Anoka County, Minnesota. ~ Central Business District Fiedevelopment Project in the City, which is correspond~ FMdevelopment Plan. · CBD Plan' means the rlKIovelopment Plan for th~ CBD. 'Project Area' mean8 the geographic area of the CBD. "School Dislricq' means Independent School DMHct I%1o. 13, Minnesota. "State" means the State of ~- 'TIF ~ct' means Minnesota Statutes, 94}ctions 469.174 through 469.1791, both inclusive. 'TIF Distrtcf' means Tax Increment Financing (Redevelopmerit) District No. 9. 'TIF Plan' means fie tax increment financing plan for the TIF District (this document). ~ection B Statutory Amlb, k.lkm See Section A of the CBD Plan for the CBD. r~1ton c Statentent ¢g Need mtd Pulgi~ Purpoee See Section B of the CBD Plan for the CBD. Section D intent of ObJmclive~ See Section D of the CBD Plan for the CBD. Section E . r,e w/,Bf~' *k=;~ of Tax Increment Financing District as · Illdlv_l~xllent DisMet Reclevelopment clbtdcls am a type of tax Incremenl financing district in which one or more of the fallowing concrlorm exlsla and is reasonably distributed throughout the district:. (1) parcels comprising at least 713% of the area of the district are occupied by buildings, strems, utilities, or other improvements. end more than ,50% of the buildings (not including outbuildings) am stmcturally mland~rd requiring substantial renovation or clearance. A parcel ls deemed 'occupied' if at least 15% of the area of the parcel contains some lype of improvement;, or rta SPRINGSTED Paae I 09/22/00 12:03 FAX 6512233002 SPRINGSTED INC. ~005/024 City d Columbia Heiohte, Minnesota (2} the property consists of vacant, unused. underused, inappropriately used, or Infrequently used railyards0 rail storage facilities, or excessive or vacated railroad right- of-ways; or (3) tank facililies, or property whose immediately previous use was for tank facilities, as defined in section 115(::.02, subdivision 15, if the tank facilities: (|) have or had a capacity of more than 1,000,000 gallons; (ii) are Ioca~ adjacent to rag fadlilies; and (ili) have been removed of are mused, underused, inappropriately used, or infrequemly used. For d'mtrteM censteeng of two more noncontiguous areas, each area must individually qualify under Ihe provisions listed above, as well as the enUre area must also qualify as a whole. The TIF District qualirms as a redevelopmerit district in that it meets all of the cdteda listed in (1) above. The supporting facts and documentation 1or this determination will be retained by the Authority for the fife of the T1F District and am available to the public upon requesT. · Structurally substandmd* is defined as buildings Containing defects or deficiencies in structural elements, essential tRilllies and facilities, light and ventilation, fire protection (including egress), layout and condlUon of interior partitions, or similar factors. A building is not struclurally substandard if it is in compliance with the building code apl:dicable to a new building, or could be modified to satisfy the exiseng code at a cost of less than 15% of the cost of constructing a new structure o~ the same size and type. A city ms~/not find that a build~ is structuraily substandard wllhout an interior inspection, unless it can not gain access to me property and there exists evidence which supports the structurally substandard fincling. Such evidence includes recent fire or police inspections, on- site prcqDerty tax apprabals or housing inspections, exterior evidence of deterioration, or other aimlist reliable evidence. A parcel is deemed to be occupied by a structuml~ substandard building if the fcio~ng conditions am met:. (1) the parcel was occupied by a substandard building within a three-year period prior to the parcels inclusion in the district; and (2) ff the substandard building was demolished or rmnoved within the three year period, such demdition or removal wss performed or financed by the Authority, or was performed by a developer under a development agreement with the Authority. In addion, the Authority must have found by resolulion before such demolition or removal occurred that the building was structurally substandard and that the AuthOrity intended to include Ihe parcel in bhe T1F District. In the case of (2) above, the County Auditor shall certify the original net tax capacity of the parcel to be ttte greater of (e) the current tax capacity of the parcel, or (b) · computed tax capacity of the parcel using the estimated market value of the parcel for Ihe year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent o~ Ihe lax increment from a rsclevelopment district must be used to finance the cost of correcting corditions that allow designation as a redeveloprnent district. These costs irdude. but ere not limited to, acquiring propertles containing structurally subslandard provlcle a site of sufficient size to. permit development, demolNon and mhabilltallon of structures, clearing of land, removal of ham substances, and installation of utilities, roads. sidewalks, and perking facilities for the site. The allocated adm|nlStratNe expenses of the authority my be included In the qualifying costs. FJ SPRIANGSTED ' Paae 2 09/22/00 12:04 FAZ 6512233002 SPRINGSTEl) INC. ~006/024 City of Columi3ia Heiahts, Minnesota Section F Duration of the TIF Dtstriet and the Three Year Rub Redevelopmerit clistriels my remain in existerie 25 years from the data of receipt of the first tax increment. This term shall be reduced TO 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF Distdct is reached or exceeded, or four years have elapsed from the date of certification, whichever is eadbr. Mocifications of this plan (Bee Section AA) shall not extend these limitations, The Authority ~ not elect to cleley receipt of the first tax incrernmqt, The Authority reserves the right to agow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 202B, but anticipates that me TIF District wil be daceffified pdor to trmt tim (see Section P), NI tax increments from taxes payable in the year the TIF District is decertifld shall be paid to the Authority. In addition, no tax increments shell be paid to the Authority from the TIF District after three years from the data of certification un~9~_s within that time period: (1) bonds have been issued in aid of the Project Are (except revenue bonds issued, pursuant to M.S. Sections 469.152 to 469,165); (2) the Authorfly has acquired property within the TIF District; or (3) the Authorib/has constructed public improvements within the TIF District. Section G Property to be Included in the TIF Dish'let The TIF District i~ a 3 Parcel, 72 acre area of land located within the Project Area. A map showing lhe location of the TIF District is shown in Exh~it I. The boundaries and area encompassed by the TIF DistriGt are described below: Parcel ID,Number 35-30-24-14-009 35-30-24-14-0092 35-30-24-14-0096 35-30-24-14-0141 Lot 1, except the south eleven (11) feet, Block 38, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Lot 2 and the South eleven (11) feet of Lot 1, Block 38, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota Lots 29 and 30° Block 39, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Lot 1, Block 2, Nodhwestem Addition. Anoka County, Minnesota. The are encompassed by the TIF District shaft also include all street or utility right-of-ways located upon or adjacent to the property described Section H I%cq, c, tty to be Atquired in the TIF Dt~trlat The Authority may acquire and sell any or all of the peo~rty located wiffiin the TIP District; however, the Authority does not anticipata acquiring any such property at this time. SPRINGSTED Paae 3 09/22/00 12:04 F,43 6512233002 SPRINGSTED INC. ~007/024 City of Columbia HeigThts, Minnesota Section I Specfflc Dvdclophgnt =Tect~J W Occur Within the TIF District The proposed TIF District is intended to assist two projects. The first is a 22-unit affordable townhome project of which 3 units will be under the IVH.tOP Program and 19 will be taxable. They wil be 2, 3 and 4 bedroom units with b-plans ranging from 1,150 to 1,575 sq. ft. The second project will be a 50-unit assisted living arrangement building. These will be mailer apartment-style units. The fadlily is expected to be fu!~ coristmoted in 2001 and be 100% assessed and on the tax rolls as of Janumy 2, 2002 for taxes payable in 2003. At the time Ibis document was prepared there were no signed construction contracts with regards to Ihe above deScribed development. Sealion d Rntnge and Nled for Tax li.l:r~me nt FInancing In establishing the TIF District, the City makes the following rmdlngs: (1) The TIF District qualifies as a redeveloprnent district;, See Section E of this document for the teesotis and facts supporting this (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the Increased met value of the site that could reasonably be expecled to occur without the use of tax Increment would be less lhan the increase in market value estfrnated to result from the proposed development after subtracting the present value of the projected tax increments for the meximum duration of the TIF ~ permitted by the TIF Plan;-' The reasons and facts suppo, ling this finding am that the developer has represented to the AulhOrlty that it would riot undertake the proposed development without the assistance of tax Increment financing. Private investment will not finance these. development activities because of prohibitive costs. It is necessar/to finance these devebpment activities through the use of tax increment financing so that other development by private enterpr'.r,e HI occur within the Project Area. A comparative analysis of estimated market values both with and without establishment of the TIF DistriCt and the use of tax increments has been performed as clescdbecl above and ie shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds lhe setfrosted -market value of the site absent the establishment of the TIF District and the use of lax increments. (3) The TIF Plan conforms to the general plan for development or redevelopsent of the CAty as a whole; and The reasons and facts suppo~ing this finding are that the TIF District is, or will be, properly zoned, end 'the TIF Plan has been approved by the 'CHy Planning and Zoning Commission and will generally complement end fine tO implement policies adopted in the City's comprehensive plan. (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs Of the CAW as a whole, for the development Of the Project Ass by private enterprise. Tr~ SPIU:NGS11D Pmas 4 09/22/00 i2:04 FAX 6512233002 SPRINGSTED INC. ~008/024 C4'ty of Columbia Heights, Minnesota The reasons and facts supporting this finding are that the development activities are necessary so Ihat development and redsvelopment by private enterprise can occur within the Project Area. Seotion K Estimated Public Costs The estimated ~ costs of the TIF District are listed below. reimbursement from tax increments of the TIF District. Land/building acquisition Site improvements/ prelssratlon costs Installation of public utilities Losn intsmst payments Administrative expenses Capitalized Interest Transfers out Totsl Such costs are eligible for Tax Credll 9enior Ostrsrsdsr School TotsI $245,000 $550,000 $140,000 $ 935,000 .225,0(X) 215,000 30,000 $.325,000 795,000 50,000 25,000 75,000 1,850,000 375.000 300,000 4,330,000 0 $520,000 $790,000 $170,000 $325,000 $4.330.000 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate addilional eligible Hems, so long as the totel estimated public cost is not increased. Section L E~tinultecl Sourues of Reveaue Tax increment nsvenue Interest on invested funds Reel estate sales Grants $4,330,000 0 0 0 o Subtoll 4,330,000 Transfers in 0 The Authority anticipstes providing financial assistance 1o me proposed development through the use of a psy-ss-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these Isxos will be distribute to the developer/owner as reimbursement for pubrsc costs incurred (see Section K), The Authority reservsS the right to finance any or all public costs of the TIF District using pay- as-you-go assistance, internal funding. general obligation or revenue debt, or any otter financing mechanism authorized by law. The Authority also reserves the dght to use other SPRINGSTED Paae 5 09/~/00 lZ:05 F.G 6512233002 $PRINGSTE9 INC, ~009/024 City of Columbia Hd. clhts, Minnesota sources of revenue legally applicable to the Project Area to pay for. such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and Investment income. Section M Estimated Amount of Bonded IndeM8 ;if'. e g ,: The Authority does not .antiCipate issuing tax increment bond8 to finance the estimated public costs of the TIF Dietrid. ~ reserves the dght to issue such bonds In an amount not to exceed $2,480,000. t'e :~;~ N Original Net Tax Capacity The County Auditor shah certify the original net tax capedry of the TIF DistricL This value will be equal to the total net tax capacity of all property in the TIF District as certified by the 5'tale Cornram of Revenue, For districts certified between Jam Jan/1 and June 30, inclusive, · is value is based on the previous assessment year. For districts cenffied between July 1 December 31, inclusive, this value is based on the .current assessment year. The Estimated Market Value of all properly within Ihe TIF District as of January 2, 2000, for t~xes peylbie in 2001, is approximately $321,458. This i~ an estimate of the estimated market value of taxable property following the necessary re-platting of parcels. Upon establishmere of the TIF District, and subsequent reclaeification of properly, it is estimated that fie original net tax capacity of the TIF DietrOt will be approximately $4,932. Each year.ffie County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt sialus of pro~, (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes In properly classification rates. Section O Original Tax Capacity Pale The County Auditor shall also certify Ihe original tax capacity rate of the TIF District. This rote shall be the sum of all local lax rates that apply to property in the TIF District. This rate shall be for me same taxes payal~ year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF DiStriCt. At the time tIM {X~'ument was prepared, the sum of eli local tax rates that apply to property in the TIF District, for axe levied in 2000 and payable in 2001, was not yet available. When this total becomes available, the Cour;/Auditor shah ceffity this mount as the original tax capacity rate of the TIF District. For purposes of esUmetlng the tax increment generated by the T]F Dkbict, the sum of the local tax rates fortaxes levied in 1999 and payable in 2000, is 132.510% Taxina Juriedicton City of Columbia Heights Independent School District # 13 Total 1999/2000 tt,,al TA~ Rate 30.147% 28.125% 66.465% 7.773% 132.510% F4 SPRINGSTED Paae 6 09/22/00 12:05 FAZ 6512233002 SPRINGSTED INC, ~010/024 City of Columbia Heights, Minnesota Section P Projectell Retaim~ Cq3tured Net Tax Cspm=ity and Prolacteal Taz h~r, re.,4nt Each year the County Auditor shall datermine the current net lax capacity of aJi property in the TIF District. To the extent that lhis total exceeds the 1FoFoFoFoFoFoFoFoF~r~t tax c~oacity, the difference shall be known as the captured net tax capacity of the TIF For communities affected by the fiscal disparity provisio~ of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax Papacity of the TIF District shall be determined before the application of Ilecal disparity, In subsequent years, the current net lax cape, city shall either (a) be determined before the licatlon of filial displlrity or (b) exclude I~ procluct of any fiscal ~parfty increase in the ~aq~;tatrict (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio, The method the Authority elects shall remain Ihe sam for 'lhe life of the TIF District, except that a single cha~e may be made at any time from method (a) to method (I}) above. The C|ty elects method (b). The County Auditor shall certify to the Authority the amount of captured net tax capacity each year, The Authority may choose to retain any or all of this amount. It is the Authorit~s intention, to retain IO(PA, of the captured net tax capacity of the TIF District, Such mount shall be known as the retained captured net tax capacity of the TI F District, Exhibit II gives a listing of the various informalion end assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit II! which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.25% of the am~ual t~x increment generated by me TIF District and pay such amount to the State's General Fund..SuCh amounts will be approprimed to the State Aucltor for the cost of rwmnci~l reporting and auditing of tax incremem. financing information throughout the mate. Exhibit III shows the projected deduction for this' purpose over the anticipated life of the TIF District. .. The Authority has determined that it will use 100% of the remaining .tax increment generated by the TIF District for any of the fallowing purposes: (2) (3) (4) (5) pay for the ~tin~ted public costs of the TIF District (see Section K) and County admjnimtive costs associated with the TIF District (see Saclion T); pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; accumulate a reserve securing the payment of tax increment bonds or other bonds ~med to trance the estimated pubic costs of the TIF District; pay all or a pOrtion of the county road costs as may be required by the County Board under M,S, Section 469.175, Suixlivtsion 16; or return excess tax Increments to the County Auditor for redistribution'to the City, County and School District. Tax increments from property located in one county must be expanded for the direct and benefit of a p ' located within that county, unless both county boards involved waive INs requirement. merits shall not be u~d to circumvent levy Ilmitltions applicable to the City. SPRINGSTED Paae 7 09/22/00 12:05 F/d: 6512233002 SPRINGSTED INC. ~011/024 City of ~olumbia Heif3htB, Minnesota Tax. increment shall not be used to finance the acquisition, .c~.truction, renovation, operation, or maintenance of a building to be used primarily and re~u. larly[for corlu~ the business of a municipality, county, school dist~t, or any other local unit of government or Ihe Slate or federal government. This prohibition does not apply to the construction or renovation of a parking structure, a common are used as a public park, or a facility, used for social, recreational, or conference purposes and not primarily for conducting the businl~ss of the community. i If them exists any type of agreement or arrangement pmvi~ng for the developer. or other beneficiary of asslslance, to repay all or a portion of the asditance that was paid or financed wilh tax increments, such payments shall be subject to all of the residelions imposed on the use of tax increments. Assistance includes sale of property at le ' than the cost of acquisition or otherwise be paid for by fie developer or beneficiary. ion R Exce~e Tix Increment In any year in which the tax increments from the TIF Oimrict ~xceed the amount necesuj~/to pay the eslnated public costs auffiortz~ by the TIF Plan. th~ Author~ shal use the excess tax increments to: I C1) prepay any outstanding tax increment bonds; (2) disd~rge the pledge of tax increments thereof; (3) pay amounts into an escrow accounl de~ed,' to Ille payment of the lax incremenl bonds; or , (4) ream excess tax increments to the County Auditor for redistribution to the City. County and School DM'tct. The County Auditor must report to the Commismr~r of Education the amount 0f any excess tax Increment redistributed to the School District within 30 claya of such redistribution. Section S Tax Increment Pooling and the Fivw Year Ruk' At leasl 75% of the lax increrTmnts from the TIF DMrict musl be expanded on activffies within the dlalY~ct or lo pay for bonds used to finance the estimated p costs of the TIF Dtsb~ (see Section E for ~ restrictions). No more then 25% of th;~u~x increments may be spent on costs outside of the TIF District but within the boundari~ of · Project Area. except to pay outside of the to have been spent been spent TIF District. T, wfthin the TIF District if such amounts are: 0) (2) (3) (4) actually paid 10 s third party for activities perforned within the TIF District within five years alter certifH:ation of the cistrict; used to pay boncls that were issued and sold to a third party, the proceeds of which ere reasOr:sbly expected on the dale of ssuance to be spent within the lalr of the rNe-ybar period or a reasonable temporary period or are deposited in contracts for activities performed within the TIF District, which were entered imo within five years after certiftcatior~ of the dislrict; ~r used 10 reimburse a party for payment of eligible costs (including intersst) incurred within ~ years from certlfication of the district. r~ SPItiNGSlID j Paae 8 09/22/00 12:08 FAX 6512233002 SPRINGSTED INC. ~012/024 City of Columbia He'.ohts, Minnesota Be3inning with the sixth year following certification of the TIF District, at least 75% of the tax- increments must be used to pay outstarring bonds ~ make conlractual payments obligated within the first five years. When outstanding bonds have been dofe~sed and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be deoertifled. The Authority does not anlicipate that t~x increments will be spent. oumide of the TIF District (except for allov/3ble administrative ~); however, ~w Authority does reserve the right to allow for tax Increment pooling from the TIF Ditrict in the future. Section T Umltatlon on Administr*aUve Expense Aclministmtive expenses are eftned as all costs of the Authority other than: (1) amounts ~ for;the purchase of land; (2) amounts paid fo~; materials and services, hlcluding architectwal and engineering services directly connected with the physical development of the real property in ' the project; (3) relocalion benefits paid to, or services provided for, persons residing or (4) mounts used t(~ pay principal or interest on, fund · resents for, or' sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used t~ pay other financial obligations to me extent those obligations were used to fi.nance costs described in clause (1) to (3). A~lministmtive expenses induofe mounts paid for sewfoes provided by bond counsel, fiscal consultants, planning or econoh~ic developmere consum, and m~tml costs incurred by me County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District ub to the lesser of (a) 10% of the total mated public costs authorized by the TIF Plan or (~ 10% of the total tax increment expenditurea for the project, Section U Umitation on P~perty Not Sul~,ct to Improvements - Four Yea' Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qLmiffied ImprOvement Of an Jadjacent street has commenced on a parcel Ioc~md within the TIF ~ then that parcel .d~l be excluded from the TIF Dietrid and the o~ginai net tax capacity shall be adjusted accordingly. Qualified improvements of a street am limited to construction or opening of a r~w street, relocation of a street, or substantial reconstruction or rebuilding of an existing stmeL ~ AuthOrity must submit to the County Auditor, by February 1 of the fifth year, evidence that {he required activity has taken place for each parcel in the TIF If a parcel is excluded from the TIF District and the Authority or owner of. the parcel subsequently commences any of the above actvities, the Authority shall certify to the County Auditor that such aclMty I~s commenced and the pamel ~mll once again be Included in the TIF District. The County Auditor' allall certify the net lax capacity of the parcel, as most recenUy certified by ~he Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF DistricL I SPRINGSTED J ' Paae 9 09/22/00 12:06 FAX 6512233002 SPRINGSTIED INC. 013/021 City of Columbia Heights, Minnesota Section V Estimated Impact oft Other Taxing Jurisdictions , Exhibit IV shows the estimatec Impact on other taxing Jurisdictions ff the maxim urn projected retained captured net tax capacity of the TIF District was hypothetloaiy available to the other taxing jurisdictions. The Autho~tl('believes that there wl be no aclveme impact on other taxing jurisdi~orm during the life of I~e TIF District, since the proposed development would not have occurred without the mstablishff ant ol the TIF District and the provision of public assistance, A positive impact on other taxing ,Jrisclctiore will occur when the TIF District ts decerti~ed and the development therein become part of the general tax base. Sect:,,. W Local Government Aid Penalty Tax increment financing district. establish~l or expanded after April 30, 1990 may cause a reduction in the local government aid (LGA/HACA) received by the City from the Site, For tax increment financing plane apprbved on of after July 1, 1995, the City may elect at the time of such approval to make qLmlifyir~g local contributions to the project, and thereby be exempt from any toss of local government aid. For redevelopment districts th!i~e contributions must equal 5,0% of the annual increment gmqerated by the district, If th~ City elects to make me local cont~'ibution but fails to do so in any yew, a reduction in local g;emment aid will occur. The loss of aid will equal the greater of 1 ) the required local contribution or 2) the loss of aid which would have been incurred had the local contribution dectton not b~en made. Local contributions must be m,~l e out of unrestricted money and may not be made, directly or indirectly, with tax increments c~ developer payments. The contributions must be used to pay project costs and cannot be used for general government purposes or for costs which would have been irmurred absent I~ project. The Authority may request conl~bufions from other local governmental enffites that ,viII barefit from ~e establishment Of the district. The City elects to make the qurifying local contributions to the project. .- The Authority shall accOrn t ita reqluest for certification to the County Auditor (or notice of district enlargement), with ai~"ng of all properties within the TIF District for which building permits have been issued during the 8 months immediately preceding approval of the TIF Plan. The County Auditor shalq increase the original net tax capacity of the TIF Districl by the net tax capacity of each improvement for which a building permit was issued. Them have been no building pm'rnits issued in the last 18 months in conjundion with any of the properties within the TIF District, ff within a project containing a redevelopmerit district, more than 25% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the p operty is pledged), then prior to such acquisition, the Authority must enter into an agreement ~or the development of the property. Such agreement must provide recourse for the Authod-y should the development not be completed. The Authority anticipates enterhg into an agreement for development, but does not anticipate acquiring any property located within the TIF District. SPRINGSTED Paae 10 09/22/00 12:07 FAX 6512233002 SPRINGSTED INC, l~014/021 Cit~ d Columbia Heights, Minnesota ,SectJon Z Assessment The Authority may, upon er assessment aVm~me~t with th land and improvements for eaC The assessment agreement ah. the plans and spcdfications fo *II.LI~iJ8 iering into a cisvelopment agreement, aJso enter into an developer, which mddablilms a minimum market value of the year during the life of the TIF Distdct. dl be presented to the County or City Assessor who shall review the improvemeals to be constructed, review the market value previously assigned to the lane, and so long as ~e minimum market value contained in the assessment agreement eppers to be an amurate estimate, shall certify the assessment agreement as reasonale. The, assessment agreement shall be filed for record in the office of the County Recorder of each county where the prol:erty is located. Any modification or premature termitelion of this a& teemeat must first be approved by the CAb/, County and School District. , The Authority does not antfcipa, e entering into an a~sessmem agreement. Section AA Modifmationa 0% the Tax Increment Financing Plan 4 Any reduction or enlargement 'n the geographic area of the Project Area or the TIF District; increase in the amount of hot, clad indebtedness Io be Incurred; increase in the mount of capitalized intwesr, increase in that portion of the captured net tax capacity to be retained by the Auffiodty; increase in the tdml estimated public costs; or designation of additional properly to be acquired by the uthor~y shall be approved only after satisfying all the necessary A I requiremants for approval of th~ origina TIF Plan. This paragraph does not apply if: (1) the only rnodifica.-ion is aHmiriaUon of parcels from the TIF DislTict; and : (2) the current net tax capacity of ~e parcels eliminated equals or exceeds the net tax capacity of Foes parcels in the TIF Dtstrtct's original net lax capacity, or the Authority agrees ~J'rat the TIF District'a odginal net tax Capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the unty Auditor of any rnodffication that reduces or enlarges the fl ~Ictti~ AB Admlnlalr qtkm ~f the TaX Increment Financing Plan Upon adoption of the TIF Plan, ~he Authodty shaft submit a copy of such plan to the Minnesota Depmlrnent of Revenue. The Mujthority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rale of the TIF DistricL To assist the County Auditor in this process, the Althority shah submit copies of the TIF Plan, the resolution establishing the TIF District ard adopting the TIF Plan, and a listing of any prior planned improvements. The Authority s ~all also send the County Assessor any met agreement establishing the minimum market value of land and improvements in IN TIF DiStrict, and shall request that the County AssessOr review and carlfly this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax iqcrement in any year represents the applicable property taxes generated by the retained cap-'Jred net tax capacity of the TIF District. The mount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implmentin{;, the TIF Plan. the following actions should occur on an annual hasis: i E~ SPRINGSTED 09/22/00 12:07 FAX 6512233002 SPRInGSTED INC, ' City of Columbia Hei~lhts, Minnesota (~) (2) (3) prior to July 1, the Authority shall j notify the County Assessor of any new development Itm: has occurred in the TIF District during the past year to insure that the new vile will be recorded in a timely manner. if the County Audtor receives fie request for certtflcmion of a new TIF District, or for modificalion of an existing TIF District, before July 1, the request shall be recognized in determining local tax ram for the current and subsequent levy years. RequesU received on or mft~ July I shall be used to determine local tax rates in subeeqa,-jnt years. each year the C4~unty Auditor droll certify the m'nount of the original net tax capacity of the TF District. The m'nount certified shag reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to Ihe original net lax capactly of the TIF ~. The reverse shall also apply;, .: (b) the orlgbtal net tax capac~ may be modified by any approved enlargemere or reduction of the TIF District; (c) if laws governing the classifta. tion of real property cause changes to the · percenta~. of estnated rna~ket value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the odginal net tax capac~y and the retained captured ~t tax capacity of the TIF District, The County Auditor shaU notify 'he Authority of all changes made to the odginal net tax capacity of the TIF District. SeeMon AC financial ReporJng mtd Dimclosure Requirements The State Auditor shall enforce t~ provisions of the .TIF Act and shall have full responsibility for financial and compliance lultng of the Aulhoritys use of lax increment financing. On or before August 1 of each year, ~e Auffiodty must annually submit to the State Auditor, County Auditor and to the governing body of ~e municipality a report which shall: (1) provide full disdomjre of the source and trees of public funds in the TIF District; (2) permit comparism and reconciliation ~f the accounts and financial reports; (3) permit audiling o' the funds expended on behalf of the TIF District; and ( 4 ) be consitem with ~ generally accepted:accounting principles. | The report 8hedl inciude, among ~ther items, the folk~ng irfformation: (1) the original net lax capacity of the ~listrict and any subdistrict under 469.11,7, subdivision 1; : (2) (3) (4) (5) rite net tax capecry for the reporting I~erlod of the district and any subdistrict;, the captured net ~ capacity of the d.~ct; any fiscal di.spari~y deduction from the captured net tax capacity under section 469.11'7, mdxiivle~,'n 3; the csptured net -~c capacity retainedi for tax increment finandng under 469.11,7, subdivision 2, paragraph (a), clause (1); SPRINGSTED ' Paae 12 09/22/00 12:07 FAX 6512233002 SPRINGSTED INC. ~016/024 ___ (6) (8) City of Columbia Heij~hts, Minnesota : any captured netitax capacity ~ed among affected taxing districts under 46~.177, subdivision 2, paragraph (a), clause (2); ! . the date the municipality approved the tax increment financing plan and the date of approval of any 'mod~k~ ol the tax Increment financing plan, the approval of which requires notice, dlscq~jk:m, a pubic hearing, and findings under subdivision 4, paragraph the date Ihe a 'ty first (9) of Ihe district ~ut/~e~ date requested .certification of the originad net tax capacity . of request for certification regarding any parcel added (10) the elate the couhty auditor fire ce~lff'~l-the origimd net tax capacity of the cistrL't end the date of cerlication of the original net tax capacity of any parcel (11) the month and year in which the authority has received or anticipates it will receive lhe first increment from rite district; (12) the date the est,~t must be tiecertified; (13) for the reporting pleriod and prior years of the district, the actual amount received from, at least,. the .tollowing categories: '(i) tax increments paid by the captured net tax capacity reined for tax increment Financing under section 469.177, sul}divisien 2, paragraph (a). clause (1),ibut excluding any excess taxes; (ii) tlex Increm.bnts that are interest or other investment earnings on or from tax incremnls; (lii) tax increrr~te that are proceeds from llqe sale or lease of property, tangible oe!.inlangible, purchseid by the authority with tax Increments; (iv) lax incrern~H'ms that am repayments of loam or other advances made by the authority with tax incremaritB; (v) bond or loan proceeds; (vi) special assessments; (vii) grants; and (viii) tram from funds not exclu~vely associated with the district; (14) for the reporting jperiod and for th~ prior years of the district, the amount budgeted under ihe tax IncremeN. finanCing plan, and the actual amount expended for, at least, the following categories: (i) acquisiuonjof land and buildini~s through condemnation or purchase; (11) 8ire improvbments or preparation costs; (ill) installeUon iof public uttties, parking 'facilities, streets, roads, sidewalks, 'o~r;her sir~ilar public improve~ne. nts; (iv) irdatra~Ve costs ' aRocated cost of the Authority;, and purposes, ~}r other simile public improvements; and (vi) Ironales tO funds not exclusiv~ assodated with the district; I (15) for properties sok~ Io devel.opers, tl~ total cost of the property to the Authority end the price Hid'by me developer;, . ' SPRINGSTED ~ Paae 13 09/22/00 12:0e FAX 6512233002 SPRINGSTED INC. ~]017/024 { City of Columbia Heights, Minnesota (16) the arnoum of any payments and thai value of h-kind benefits, such as physical improvements and the use of builoqng space, tlmt ~ ~ or financed with tax increments and are provided to ahother governmental unit other than the municipality during the rapoffing perk~.'; (17) the amount of any payments for acti~ies and improvements located outside of the dletrk:t that are pe.k:l for or finarmei:l with tax increments; (18) the amount of payments of principal and interest that are made dudng the reporting period on any non-defeseq.: (i) general oblgation tax increrneht financing bonds; (ii) other tax increment financing bonds; and de) notes and pay-as-you-go con.tpm; ; (19) the principal amount, at the end of th~ reporting period, of any non-defeased: (20) (i) genend obligation tax incremen~ finaging bonds; (it) other tax Increment financing .bonds; and (ill) notes and pay-as-you-go contracts; fie amount of principal and interest payments that are due for the current (i) general obligation tax incremeht financing bonds:" (ii) other lax increment flnandng bonds; and (ili) notes and pay-as-you-go con~scts; (21) if the fiscal dispsdties contribution under .mr 276A or 473F for the district is computed ~ section 469,171, subC,,,'islan 3, paragraph ($). the amount of mcresssd property taxes imposed on other proparties in me municipality that · ri approved the tax increment ~nsncing plan as a result of the fiscal dispa ties (22) whelher fie tax irtmrrmm financing plan or other governing document permits increment revenues to be exIjer, d~J; · (i) to pay bonds, Ihe proceecls iof which were or may be expanded on actMties outside of the district; (it) for deposit into a comrnon;borxl fund from which money may be expanded on activities loPsted!outside of the crstrict; or (ifi) to otherwise finance activities located outside of me tax increment financing district; and (23) any sdditionsl information me state auditor may require. The Authority must also annustty publish in a ~.~r of general circulation in-the City an annual stalement for each tax increment finarming district 8howtrig: (1) ~ origiruel net lax capacity oi' the district and any sulxlislrict under 469.177, subdivision 1; , I (2) the net tax capacity for the reporting R?riod of the district and any subdistrict; · (3) Ihe captured net tax capacity of the diSlYe; ~l SPRINGSTSD Paae 14 09/2~/00 ~2:08 FAX 6512233002 SPRINGSTED I~C. ~018/024 (4) (s) (7) City of Columbia He qhts, Minneeota the month and year in which the ..a{Uthority has received or anticipates it will ~receive the first increment from the dibtdct; '. computed under section 469,1 F/, mjlxlivision 3, paragraph (a). the amount of increased property taxes Imposed o n other properties in the municipality that The annual statement must inform readers hat ecl approved the tax increment firancin comrbaUon: the amounts of lax increment rer, eive~ and any ecldilional information t qe aul plan as a result of the fiscal disparities I.and expended in the reporting period; hority deem necessary. ditlonal klforrnation regarding each district may be obtained from the authority, and must eipkd. n how the additional information may be requested. The Authority must publish the an~.ual s~aternent for a year no later than August 15 of the next year. The mahortty mu~t identify the newspaper of general circulation in the municipality to .which the annual statement has be~n or will be submitted for publication and provide a copy of the annual statewant to the coun.(y board, county auditor, the school beard, the state auditor, and the governing body of the muhicipality on or before August I of the year in which the statement must be pubkhed. ' The reporting and cliscJosure requirements ou}lined 'n this section shall begin with the year the district was certified, ~ shall end in the year .p which both the district has bean decertified and all tax increments have been spent or returneel to t~e county for redistribution. Failure to meet these requirements, as determined by the State A~litors Office, may result, in suspension of distribution of tax increment. SPRINGSTED I. Paoe 15 09/22/00 12:0~ F,~ 6512233002 SPRINGSTED INC. EXHIBIT I Tel I(Redevelopme* '~iiilJ~ i,~jJl I t Finm~iql ~ No.'I i I 09/22/00 12:09 FAZ 6512233002 SPRINGSTED INC. ~020/024 EXHIBIT I (Continued) 09/22/00 12:09 FAX 6512233002 SPRINGSTED INC. ~021/024 EXHIBIT II Tax k'h,. ....e,l Fl,,w~-.-'.19 (IbdeeM!mte~ inside No. e ~ Dab Dam ease EUm.~ ~ vake (I.H,~'C) Trne,: Clmm ,kl (I. IHTC) Tmas: MmkatRm lOtOlmO 1.eee 14.m2 beean k EMV(UHTC)(I) ka::m,mb~SMV(Smml~) TolalEmlmaimdUmt~Vame 'nn~.Clm4d(UHTC) Mmke Rak (Sedor) Tolll Net TmCaixicly zooaga)ol o o o $321.,de o 0 Jill: _, tlL'Ii~,,IIIII:tj~ Yet (.49,200) (49.200) 1,615,000 1.81S.000 3,260,0OI) 3380.000 $s,.~,r,~a ~137,28a 16,136 18,138 $87,1)1 Ir~,901 emmlrldmmFaWae .. L,m=eT. xCq,.~VRee I=km Diqwtml~ FmmTIFDistrit Admi~islralive l~Pement(m.xlmum= 10%) poor~t NA 132,510% NA I0.D0% O.00% NA BemlXild NA Ftmlr~mlDm NA N01P ~ Nete Deled lomt~a Nee Reae e,oo% Lr~aglP"" I ,-- WIIApmalLecalCenklm4~ geM(Yam'No)? I.S. Dii~f3EqudizadTax CalNIc~ L$.D f013 8des RMio Clll~81diilllldo&TlilatdeNe~Tmx~el/ (1) 8eeedonleWmbkueb(eut~f22teal)~S.O0~ (2) erjedoeSOunmiSaS.OOO/uee- Propreed by:. Sprin0eed kLO,~,..tkd (im'N~ m W22m e 9:26 : RIdevel_p. enl Dkt~l - 8Nh - mm-e~h Gemt,.xllAssm~be 09/22/00 12:09 FAX 6512233002 SPRINGSTED INC. ~022/024 EXHIBIT III 09/22/00 12:10 FAZ 6512233002 SPRINGSTED INC. ~023,'024 EXHIBIT IV SPRINGSTED INC. City of CalmeYe HNgIm. Itnmota Tax Incmmmst FieenGine (n- .,_~sl~.s.m.~ 0btdat No. I t4wmrloA IncfeaeeinEllVlMIhTIFDbldct Lass: P.V of Gloss TBx Inu,I ~JN SulXotal Lee:. Inaem In EMV WNmut TIF $1.615.000 2.338,321 0 (5720.321) Yllr I 2003 2 2004 3 2005 4 2006 5 200? 8 2008 7 2006 8 20t0 9 2011 10 2012 11 2013 12 2014 13 2015 14 2016 15 2017 16 2010 l? 2019 19 2021 21 2023 22 2024 24 2029 1Z3,1e3 128,382 133.779 151.299 157.613 164,179 17'1 178,109 t85,495 193,178 201,164 200,4?2 21B,113 227.090 246,f93 258,271 300,911 313J06 S5.578.583 Present 5.60~ 104,913 11)1,()e3 16,115 812.89 gO, lOS 81,0S8 79,978 76,807 TS,T/'3 EXHIBITV PriCed ~: Speested h:oq~ratee flW2JO0) COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 11, 2000 AGENDA SECTION: Other Resolutions. NO: '7 ' A ITEM: Adopt Resolution 2000-97, Resolution Approving Agreements Relating to a Proposed Development of Tax Increment Financing District Number 9 within the City. ORIGINATING DEPARTMENT: Community Development BY: Kenneth Anderson ~ DATE: December 7, 2000 CITY MANAGER'S APPROVAL ISSUE STATEMENT: This is a request to approve Resolution 2000-97, being a resolution approving agreements relating to a proposed development in Tax Increment Financing District No. 9 within the City. BACKGROUND: The attached resolution 2000-97 has been prepared by Dan Greensweig, Kennedy and Graven, Chartered. The purpose of this resolution is to acknowledge the proposed Transition Redevelopment Block project consisting of construction of 22 affordable rental townhomes and a 50 unit senior assisted living facility. The resolution authorizes the approval of several documents and agreements presented to the Columbia Heights Economic Development Authority and the City of Columbia Heights associated with this project. Furthermore, the resolution approves actions taken by the EDA in which it will issue its Taxable Tax Increment Notes in the amount of $175,100 for the affordable townhomes and $780,000 for the senior assisted living facility. A letter dated December 6, 2000 prepared by Dan Greensweig has been attached outlining and describing the necessary approvals to be considered by the EDA at a special meeting at 5:30 p.m. on December 11, 2000 and the City Council at its regular meeting scheduled that same date. Copies of the affected agreements have been attached to this packet for your review and consideration. Mr. Greensweig will be available to discuss the agreements and respond to any questions at the meeting. Mr. Hoeft, City Attorney, will also be present and available to respond to questions specifically related to the previously approved Planned Unit Development Agreement and the NEI Development Agreement. MOTION: Move to waive the reading of Resolution 2000297, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2000-97, a Resolution Approving Agreements Relating to a Proposed Development in Tax Increment Financing District No. 9 within the City (Transition Block- Crest View/Real Estate Equities). Attachments COUNCIL ACTION: h:\CL consent\Adopt Resolution 2000-97 Columbia Heights City CouncigEDA : December 8, 2000 ~. Page 1 of 4 & CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www. kennedy-graven.com DArnEL J. Gmc~.Nswsm Attorney at Law Direct Dial (612) 337-9231 e*maih dgreensweig@kennedy-graven.com December 8, 2000 Mayor and City Council City of Columbia Heights 590 40th Avenue, NE Columbia Heights, MN 55421 President and Commissioners Columbia Heights Economic Development Authority 590 40th Avenue, NE Columbia Heights, MN 55421. Mayor and Councilmembers City of City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 BY E-MAIL On Monday, December 11, 2000, the City Council and Economic Development Authority will be considering a number of documents relating to the affordable housing and senior housing projects proposed by Real Estate Equities and Crest View. Some of these documents have been prepared or reviewed by your city attomey, such as the NEI Development Agreement, and Mr. Hoe~ is better situated to discuss them than I am. Our finn has prepared Ore reviewed a number of them, however, and I would like to briefly describe those. I will also be present at your December 11 meetings, as will representatives of the developers, and will of course be happy to discuss them in more detail and answer your questions at that time. DJG- 186055v3 ~9i~ii~55v3 CL205- I 1 i'Ken Anderson-deCember'eighth.' council eda-m~m0 re' colUmbEia ~eigb'iEs'CreSt yiew.'~i~c ....... .. ...................................Pige"2'] Columbia Heights City Council/EDA December 8, 2000 Page 2 of 4 The documents, and brief descriptions of them, are as follows: DJG- 186055v3 CL205 - I 1 Columbia Heights City Council/EDA December 8, 2000 Page 3 of 4 TIF resolution - EDA action This resolution gives the EDA's approval to creation of the TIF district that will be the source of much of the public financing of this project. TIF resolution - City Council action This resolution gives the City Council's approval to creation of the TIF district that will be the source of much of the public financing of this project. Purchase Agreement - EDA action This agreement approves the sale of certain EDA property to be used in the project. The sales price is $1.00. A public hearing has been noticed and will need to be conducted on this item. Senior Housing ConWact for Private Development - EDA action Columbia Heights Transition Block LLC will construct a 50-unit senior housing project and then convey it to Crest View. The EDA will assist in financing the project by issuing a revenue note in the amount of $780,000 at 11% interest. The note will be payable solely from tax increment generated by the project between 2003 and 2023. An authorizing resolution has been included that authorizes issuance of the note and approves the contract, and all other agreements being considered by the EDA on December 11. Affordable Housing Contract for Private Development - EDA action Columbia Heights Transition Block LLC will construct a 22-unit affordable rental townhome project. The EDA will assist in financing the project by issuing a revenue note in the amount of $175,100 at 9.50% interest. The note will be payable solely from tax increment generated by the project between 2003 and 2020. An authorizing resolution has been included that authorizes issuance of the note and approves the contract. CDBG Grant - City Council action The City will grant $231,000 to Columbia Heights Housing Limited Partnership I for use in the affordable housing development. The grant will be made from the City's CDBG funds. LCA Transition Block Grant - City Council action The City will grant $235,350 to Columbia Heights Transition Block LLC for use in the affordable housing development. The grant will be made from funds received from the Metropolitan Council's Livable Communities program. The city's approval is contained in the general city resolution. LCA Crest View Grant - City Council action DJG- 186055v3 CL205-11 I' Ken Afiderson -. .d,e:..C:.embe[,.eig.hth - council eda memo re colU...m_~!~..h.:e,!g.h!~..~..re~t .View.doc Page.41 Columbia Heights City Council/EDA December 8, 2000 Page 4 of 4 The City will grant $309,650 to Crest View ONDC I for use in the senior housing development. The grant will be made from funds received from the Metropolitan Council's Livable Communities program. The city's approval is contained in the general city resolution PILOT Agreement - City Council action Three of the affordable housing units will be exempt from taxation because of the funding they receive pursuant to an agreement the City has previously entered into with the Minneapolis Public Housing Authority. The PILOT agreement obligates the owner of these units to make payments in lieu of taxes to the City in the amount that the City would have levied as property taxes if not for the exemption. The city's approval is contained in the general city resolution. For the most part, it does not matter in which order you act on these documents. Still, there are a few things to keep in mind during your consideration. Although I will assume for this discussion that these agreements will all be approved on Monday, and I have provided dram resolutions approving the documents in their entirety, the EDA and the City Council both have absolute discretion to reject any or all of the agreements. First, both the EDA and the City Council should act on the resolutions relating to the TIF district before moving on to the other agreement. Until the TIF district is created, the EDA does not have authority to enter into the contracts for private development. Second, the developers have been quite emphatic that each of these agreements are necessary to provide adequate financing for the projects. Thus, while you are not obligated to approve all of these agreements, you should keep in mind that failure to approve one or more of them may jeopardize the project, and will at least require the developers to recalculate their financing. As a result, if you are hesitant to approve any of these agreements, I recommend that you do not approve any of them until the resulting financing issues can be resolved. Third, the senior housing portion of this development is anticipating the City's issuance of revenue bonds in March or April of 2001. It is my understanding that without these bonds, the senior housing project cannot be constructed. While the documents you will consider on December 11 do not legally obligate the City to issue the bonds, as a practical matter it will be complicated to untangle these agreements if the senior project does not proceed. Thus, while it is always possible that interest rates or other market conditions outside of the control of everyone involved will make issuance impracticable by next spring, I urge you to use this opportunity to confirm that these developments are what the EDA and the City desire from a policy standpoint. Finally, it is possible that some of the projected financial 'numbers that I have provided may change slightly between now and Monday night. While I do not anticipate any large shifls, the DJG- 186055v3 CL205-11 Columbia Heights City Council/EDA December 8, 2000 Page 5 of 4 developers are in the process of continning construction costs this week and this may have an impact on the amount and the structure of the public assistance that they will request. They understand that they must be prepared to confirm final numbers with you before you act on these agreements. I look forward to seeing all of you on Monday night. If you have any questions before then, please do not hesitate to contact me. DJG- 186055v3 CL205-I 1 f~n A~nd~e~iS. 0n.7:de~.~[.~!ghth city c0nt[aCt a.p,..p,[gyal resolUtion:d0~ ...... ..... Page 1 I CITY OF COLUMBIA HEIGHTS RESOLUTION NO. '~- ODO.-- c/, q RESOLUTION APPROVING AGREEMENTS RELATING TO A PROPOSED DEVELOPMENT IN TAX INCREMENT FINANCING DISTRICT NO. 9 WITHIN THE CITY BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City") has previously established the Central Business District Redevelopment Project (the "Project") and a redevelopment plan therefor (the "Redevelopment Plan"), originally administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights CHRA"). 1.02. By resolution approved January 8, 1996, the City transferred the control, authority and operation of the Project from the HRA to the Columbia Heights Economic Development Authority ("Authority"). 1.03. The Authority has proposed the establishment within the Project of Tax Increment Financing District (Redevelopment) No. 9 (the "TIF District") and a Tax Increment Financing Plan CTIF Plan") therefor, pursuant to the HRA Law and Minnesota Statutes, Sections 469.174 through 469.179 ( the "TIF Act"). 1.04. The Authority and the City have approved a document titled "City of Columbia Heights, Minnesota, Columbia Heights EDA Tax Increment Financing Plan for Tax Increment Financing District (Redevelopment) No. 9 (Crest' View/Real Estate Equities Project)" (the "Plan") and the creation of the Tax Increment Financing District (Redevelopment) No. 9 described in the Plan (the "TIF District"). 1.05. The City Council has reviewed certain agreements presented to it, and certain agreements presented to the Authority, in connection with development of an affordable housing project (the "Affordable Housing Project") and a senior housing project (the "Senior Housing Project") proposed within the TIF District and has determined that approval of such agreements will be in the best interests of the City and its residents and will further the public health, safety, and welfare. Section 2. Approvals. 2.01. The following documents are hereby approved, and the authorized officials directed to execute the same, subject to modifications that do not alter the substance of the transactions and are approved by such officials, provided that execution of the documents by such officials is conclusive evidence of their approval: DJG-186310vl CL205- I 1 The Community Development Block Grant Agreement in the amount of $231,000 by and between the City and Columbia Heights Housing Limited Partnership I. The Livable Community Act Fund Grant in the amount of $235,350 by and between the City and Columbia Heights Transition Block LLC. The Livable Community Act Fund Grant in the amount of $309,650 by and between the City and Crest View ONDC I. The Payment in Lieu of Taxes (P.I.L.O.T) Agreement pertaining to the Affordable Housing Project. The NEI Development Agreement by and among the City of Columbia Heights, the Columbia Heights Economic Development Authority, Columbia Heights Transition Block LLC, and NEI College of Technology. 2.02. The City hereby approves all actions taken or approved by the Authority with regard to the Affordable Housing Project and the Senior Housing Project, including but not limited to the Authority's approval of a Resolution Approving Contract For Private Development And Awarding The Sale Of, And Providing The Form, Terms, Covenants And Directions For The Issuance Of Its $175,100 Taxable Tax Increment Revenue Note, Series 2000 and a Resolution Approving Contract For Private Development And Awarding The Sale Of, And Providing The Form, Terms, Covenants And Directions For The Issuance Of Its $780,000 Taxable Tax Increment Revenue Note, Series 2000. 2.03. City staff and consultants are authorized to take all actions necessary to implement the agreements hereby approved.. Approved by the City Council of the City of Columbia Heights this __ ,2000. day of CITY Of COLUMBIA HEIGHTS Mayor ATTEST: CityClerk DJG-186310vl CL205-ll [Ken Anderson :.december eig.hth .-..CDBG GRANT AGREEMENT COLUMBIA HEIGHTS LIMITED PARTN Page 1 '1 Second draft - December 8, 2000 GRANT AGREEMENT (Community Development Block Grant Funds Columbia Heights Housing Limited Partnership I) THIS AGREEMENT is made this __ day of ,200 by and between Columbia Heights Housing Limited Partnership I, a Minnesota limited parmership ("Recipient") and the City of Columbia Heights, Minnesota, a municipal corporation under the laws of the state of Minnesota ("Grantor"). RECITALS A. Columbia Heights Transition Block LLC, a limited liability company under the laws of the state of Minnesota ("Developer") has requested that the Columbia Heights Economic Development Authority ("Authority") enter into certain agreements, including but not limited to a contract for private development with Developer dated 200 (the "Contract"), and that the City of Columbia Heights, Minnesota CGrantor"i enter into certain agreements with Columbia Heights Housing Limited Partnership I, a Minnesota limited parmership ("Recipient"), all with regard to the construction of a 22- unit affordable rental townhome facility (the "Project") to be located on certain property in the City legally described on Exhibit A attached hereto (the "Property"). B. In order to provide additional financing for the Project and thereby improve and retain affordable housing in the City, Grantor agrees to loan to Recipient the sum of Two Hundred Thirty-One Thousand and no/100ths Dollars ($231,000) from funds received by Grantor from the United States Department of Housing and Urban Development Community Development Block Grant program (the "Program"). ACCORDINGLY, to induce Grantor to make the Loan to Recipient, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Grant Amount. Subject to and upon the terms and conditions of this Agreement, Grantor agrees to grant to Recipient the sum of Two Hundred Thirty-One Thousand and no/100ths Dollars ($231,000), or so much thereof as is disbursed to Recipient in accordance with this Agreement (the "Grant"). Grantor shall have no obligation to disburse any portion of the Grant to Recipient unless and until Grantor receives an equivalent amount of funds pursuant to the Program that may be lawfully disbursed to Recipient as set forth herein. Proceeds of the Grant shall be disbursed in accordance with Section 2 hereof. 2. Disbursement of Grant Proceeds. (a) On ,200__ (the "Closing Date"), Grant proceeds shall be paid to Recipient or a trustee or escrow agent designated by Recipient. Recipient warrants that it shall use Grant proceeds only for purposes and activities related to the Project and permitted by the Grant. 1 DJG-190362v2 CL205-11 Anderson- december eighth- CDBG GRANT AGREEMENT COLU.MB!A HE'IG'H,TS LIM.!.TED .PA.!~TN .... Page 2 .I (b) The following events shall be conditions precedent to the payment of the Grant proceeds to Recipient on the Closing Date: (i) Recipient having executed and delivered to Grantor prior to the Closing Date, without expense to Grantor, executed copies of this Agreement; (ii) Recipient having provided evidence satisfactory to Grantor that Recipient has established a separate accounting system for the Project, for the purpose of recording the receipt and expenditure of the Grant proceeds; (iii) Recipient having paid all attorney fees, costs, and expenses incurred by Grantor in connection with this Agreement; (iv) Recipient having delivered to Grantor prior to the Closing Date, the Contract, fully approved and executed by all parties thereto; and (v) Recipient having provided Grantor with evidence satisfactory to Grantor that Recipient has adequate funds to complete the Project. Representations and Warranties. Recipient represents and warrants to Grantor (a) Recipient is a limited parmership duly organized and existing in good standing under the laws of the State of Minnesota. Co) Recipient is duly authorized and empowered to execute, deliver, and perform this Agreement and to receive the Grant from Grantor. (c) The execution and delivery of this Agreement, and the performance by Recipient of its obligations hereunder, do not and will not violate or conflict with any provision of law or the organizational documents of Recipient and do not and will not violate or conflict with, or cause any default or event of default to occur under, any agreement binding upon Recipient. (d) The execution and delivery of this Agreement has been duly approved by all necessary action of Recipient, and this Agreement has in fact been duly executed and delivered by Recipient and constitutes its lawful and binding obligation, legally enforceable against it. (e) Recipient warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of Grant proceeds and that any duly authorized representative of Grantor shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of Recipient respecting the Grant until the completion of all closeout procedures and the final settlement and conclusion of all issues arising out of this Grant. 2 DJG-190362v2 CL205-11 (f) Recipient warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue said compliance throughout the terms of this Agreement. If at any time Recipient receives notice of noncompliance from any governmental entity, Recipient agrees to take any necessary action to comply with the State or Federal law in question. (g) Recipient warrants that it will use the proceeds of the Grant made by Grantor solely for the purposes described in Section 2 hereof. (h) Recipient warrants that it will comply with all federal, state, and local laws, rules, and regulations applicable to construction and operation of the Project. (i) Recipient warrants that it will provide Grantor with all documentation and materials necessary for Lender to comply with Grantor's accounting, audit and report requirements under the Program. 4. Event of Default by Recipient. The following shall be Events of Default under this Agreement: (a) any breach or failure of Recipient to perform any term or condition of this Agreement or an Event of Default by Recipient under the Contract (as defined in Recital A hereof) and such failure continues for thirty (30) days after Grantor has given written notice to Recipient specifying such default or breach unless Grantor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Grantor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Recipient within the applicable period and is being diligently pursued until the Default is corrected, but no such extension shall be given for a Default that can be cured by the payment of money; (b) any representation or warranty made by Recipient herein or in any document, instrument, or certificate given in connection with this Agreement is false when made; or (c) Recipient is dissolved, liquidated, or wound up, or fails to maintain its existence as a going concern in good standing (excepting reorganizations, consolidations, and mergers into or with affiliates owned by, owning, or under common control of or with such entity or into the parent of such entity, provided the succeeding organization assumes and accepts such entity's obligations hereunder). 5. Grantor's Remedies upon Recipient's Default. Upon an Event of Default by Recipient and after receipt of written notice from Grantor, Grantor shall have the right to exercise any or all of the following remedies (and any other rights and remedies available to it): (a) suspend its performance under this Grant Agreement; and 3 DJG- 190362v2 CL205-11 (b) take any action provided for at law to enforce compliance by Recipient with the terms of this Grant Agreement. 6. Grantor's Costs of Enforcement of Agreement. If an Event of Default has occurred as provided herein, then upon demand by Grantor, Recipient will pay or reimburse Grantor for all expenses, including all fees and disbursements of legal counsel, incurred by Grantor in connection with the enforcement of this Agreement, or in connection with the protection or enforcement of the interests of Grantor in any litigation or bankruptcy or insolvency proceeding or in any action or proceeding relating in any way to the transactions contemplated by this Agreement. 7. Miscellaneous. (a) Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived only in writing. No delay in the exercise of any power, right or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right or remedy. (b) Assignment. This Agreement shall be binding upon Recipient and its successors and assigns and shall inure to the benefit of Grantor and its successors and assigns. All rights and powers specifically conferred upon Grantor may be transferred or delegated by Grantor to any of its successors and assigns. Recipient's rights and obligations under this Agreement may be assigned only when such assignment is approved in writing by Grantor. (c) Law Covemine: Other Matters. This Agreement shall be govemed and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications which can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. All representations and warranties contained in this Agreement or in any other agreement between Recipient and Grantor shall survive the execution, delivery and performance of this Agreement and the creation and payment of any indebtedness to Grantor. Recipient waives notice of the acceptance of this Agreement by Grantor. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (d) Titles. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 4 DJG- 190362v2 CL205 - 11 I Ken Anderson- december eighth L CDBG GRANT AGREEMENT COLUMBIA' 'HE'!GHTS 'E!Mi. TED'RARTN .. ,. "' Page '5 ] (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument (f) Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, retum receipt requested, to the following addresses (or such other addresses as either party may notify the other): To Grantor: 590 40th Avenue NE Columbia Heights, MN 55421 Attn: City Manager To Recipient: 325 Cedar Street Suite 400 St. Paul, MN 55101 8. Indemnification. Recipient shall and does hereby agree to indemnify against and to hold Grantor, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage which Grantor may or might incur by reason of or arising from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on Grantor's part to perform or discharge any of the terms, covenants or agreements contained herein or pursuant to the Grant (except those obligations under the Grant that are within the sole control of Grantor). Should Grantor, or its officers, agents, or employees incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Grantor, the amount thereof, including costs, expenses, and attorneys fees, shall bear interest thereon at the rate then in effect on the Note, shall be added to the Grant, and Recipient shall reimburse Grantor for the same immediately upon demand, and upon the failure of Recipient so to do, Grantor may declare the Grant immediately due and payable. Nothing in this Agreement shall be deemed to waive or limit any immunity from or limitation on liability to which Grantor is entitled, under Minnesota Statutes, Chapter 466 or otherwise. [REST OF PAGE INTENTIONALLY BLANK] 5 DJG- 190362v2 CL205-11 IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers thereunto duly authorized on the day and year first written above. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its By Its COLUMBIA HEIGHTS HOUSING LIMITED PARTNERSHIP I By Its By Its 6 DJG- 190362v2 CL205 - 11 Ii =Ke, n A~derson- december eighth 2 CDBG GR.A,N:IT'AGREEMENT COLUMBIA HEiG'HTS LIMITED ~5'~.~717N ............. Page7 ] EXHIBIT A TO LOAN AGREEMENT PROPERTY LEGAL DESCRIPTION A-7 DJG- 190362v2 CL205-11 I: Ke::n A~i~ld~'ion- #190359 vl- Ica grant 'agree'ment .columbia heigh,.tS.tr,,a,~S!t,!o,,n=,,b..19Ck 'ii . First draft - December 6, 2000 GRANT AGREEMENT (Livable Communities Act Funds - Columbia Heights Transition Block LLC) THIS AGREEMENT is made this __ day of ,200 by and between Columbia Heights Transition Block LLC, a limited liability company under the laws of the state of Minnesota ("Recipient") and the City of Columbia Heights, Minnesota, a municipal corporation under the laws of the state of Minnesota ("Grantor"). RECITALS A. Columbia Heights Transition Block LLC, a limited liability company under the laws of the state of Minnesota ("Recipient") has requested that the Columbia Heights Economic Development Authority ("Authority") enter into certain agreements, including but not limited to a contract for private development with Recipient dated 200 (the "Contract"), and that the City of Columbia Heights, Minnesota CGrantor"i enter into certain agreements with Recipient, all with regard to the construction of a 22- unit affordable rental townhome complex (the "Project") to be located on certain property in the City legally described on Exhibit A attached hereto (the "Property"). B. In order to provide additional financing for the Project and thereby improve and retain affordable housing in the City, Grantor agrees to grant to Recipient the sum of Two Hundred Thirty-Five Thousand Three Hundred Fifty and nol/00ths Dollars ($235,350) from funds received by Grantor from the Metropolitan Council, a public corporation and political subdivision of the state created pursuant to Minnesota Statutes, Chapter 473 (the "Metropolitan Council"), such funds provided to Grantor pursuant to Livable Communities Demonstration Account Grant No. SG-99-47 (the "Grant"), a copy of which is attached hereto as Exhibit B and the terms of which are hereby incorporated by reference. ACCORDINGLY, to induce Grantor to make the Grant to Recipient, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Grant Amount. Subject to and upon the terms and conditions of this Agreement, Grantor agrees to grant to Recipient the sum of Two Hundred Thirty-Five Thousand Three Hundred Fifty and nol/00ths Dollars ($235,350), or so much thereof as is disbursed to Recipient in accordance with this Agreement (the "Grant"). Grantor shall have no obligation to disburse any portion of the Grant to Recipient unless and until Grantor receives an equivalent amount of funds from the Metropolitan Council pursuant to the Grant. Proceeds of the Grant shall be disbursed in accordance with Section 2 hereof. 1 DJG-190359vl CL205-11 2. Disbursement of Grant Proceeds. (a) On ,200 (the "Closing Date"), Grant proceeds shall be paid to Recipient or a trustee or escrow agent designated by Recipient. Recipient warrants that it shall use Grant proceeds only for purposes and activities related to the Project and permitted by the Grant. (b) The following events shall be conditions precedent to the payment of the Grant proceeds to Recipient on the Closing Date: (i) Recipient having executed and delivered to Grantor prior to the Closing Date, without expense to Grantor, executed copies of this Agreement; (ii) Recipient having provided evidence satisfactory to Grantor that Recipient has established a separate accounting system for the Project, for the purpose of recording the receipt and expenditure of the Grant proceeds; (iii) Recipient having paid all attomey fees, costs, and expenses incurred by Grantor in connection with this Agreement; (iv) Recipient having delivered to Grantor prior to the Closing Date, the Contract, fully approved and executed by all parties thereto; and (v) Recipient having provided Grantor with evidence satisfactory to Grantor that Recipient has adequate funds to complete the Project. 3. Representations and, Warranties. Recipient represents and warrants to Grantor (a) Recipient is a limited partnership duly organized and existing in good standing under the laws of the State of Minnesota. (b) Recipient is duly authorized and empowered to execute, deliver, and perform this Agreement and to receive the Grant from Grantor. (c) The execution and delivery of this Agreement, and the performance by Recipient of its obligations hereunder, do not and will not violate or conflict with any provision of law or the organizational documents of Recipient and do not and will not violate or conflict with, or cause any default or event of default to occur under, any agreement binding upon Recipient. (d) The execution and delivery of this Agreement has been duly approved by all necessary action of Recipient, and this Agreement has in fact been duly executed and delivered by Recipient and constitutes its lawful and binding obligation, legally enforceable against it. 2 DJG- 190359vl CL205-11 (e) Recipient warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of Grant proceeds and that any duly authorized representative of Grantor shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of Recipient respecting the Grant until the completion of all closeout procedures and the final settlement and conclusion of all issues arising out of this Grant. (0 Recipient warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue said compliance throughout the terms of this Agreement. If at any time Recipient receives notice of noncompliance from any governmental entity, Recipient agrees to take any necessary action to comply with the State or Federal law in question. (g) Recipient warrants that it will use the proceeds of the Grant made by Grantor solely for the purposes described in Section 2 hereof. (h) Recipient warrants that it will comply with all federal, state, and local laws, rules, and regulations applicable to construction and operation of the Project, including but not limited to those pertaining to occupational health and safety, stormwater discharge, and nondiscrimination. Without limitation of the foregoing, Recipient further specifically warrants that it will comply with all applicable requirements of the Metropolitan Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. (i) To the extent required by the Grant, Recipient shall acknowledge the Grant in promotional materials, press releases, reports, and publications relating to the Project by including in such materials the following or similar language: This project was financed in part with a grant from the Metropolitan Council through the Livable Communities Demonstration Account of the Metropolitan Livable Communities Funds. 6) Recipient warrants that it will provide Grantor with all documentation and materials necessary for Grantor to comply with Grantor's accounting, audit and report requirements under Section III of the Grant. 4. Event of Default by Recipient. The following shall be Events of Default under this Agreement: (a) any breach or failure of Recipient to perform any tenn or condition of this Agreement or an Event of Default by Recipient under the Contract (as defined in Recital A hereof) and such failure continues for thirty (30) days after Grantor has given written notice to Recipient specifying such default or breach unless Grantor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Grantor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Recipient within the applicable period and is being diligently pursued until the Default is corrected, but no such extension shall be given for a Default that can be cured by the 3 DJG-190359vl CL205-11 I~:Ken ~E~ison-#190359 vl-Ica grant agreement columbia heights transition block II Page 4 '1 payment of money; (b) any representation or warranty made by Recipient herein or in any document, instrument, or certificate given in connection with this Agreement is false when made; or (c) Recipient is dissolved, liquidated, or wound up, or fails to maintain its existence as a going concern in good standing (excepting reorganizations, consolidations, and mergers into or with affiliates owned by, owning, or under common control of or with such entity or into the parent of such entity, provided the succeeding organization assumes and accepts such entity's obligations hereunder). 5. Grantor's Remedies upon Recipient's Default. Upon an Event of Default by Recipient and after receipt of written notice from Grantor, Grantor shall have the right to exercise any or all of the following remedies (and any other rights and remedies available to it): (a) suspend its performance under this Grant Agreement; and (b) take any action provided for at law to enforce compliance by Recipient with the terms of this Grant Agreement. 6. Grantor's Costs of Enforcement of Agreement. If an Event of Default has occurred as provided herein, then upon demand by Grantor, Recipient will pay or reimburse Grantor for all expenses, including .all fees and disbursements of legal counsel, incurred by Grantor in connection with the enforcement of this Agreement, or in connection with the protection or enfomement of the interests of Grantor in any litigation or bankruptcy or insolvency proceeding or in any action or proceeding relating in any way to the transactions contemplated by this Agre. ement. 7. Miscellaneous. (a) Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived only in writing. No delay in the exercise of any power, right or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right or remedy. (b) Assignment. This Agreement shall be binding upon Recipient and its successors and assigns and shall inure to the benefit of Grantor and its successors and assigns. All rights and powers specifically conferred upon Grantor may be transferred or delegated by Grantor to any of its successors and assigns. Recipient's rights and obligations under this Agreement may be assigned only when such assigmnent is approved in writing by Grantor. (c) Law Governing: Other Matters. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal 4 DJG-190359vl CL205-11 courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications which can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. All representations and warranties contained in this Agreement or in any other agreement between Recipient and Grantor shall survive the execution, delivery and performance of this Agreement and the creation and payment of any indebtedness to Grantor. Recipient waives notice of the acceptance of this Agreement by Grantor. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (d) Titles. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument (f) Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To Grantor: 590 40th Avenue NE Columbia Heights, MN 55421 Attn: City Manager To Recipient: 325 Cedar Street Suite 400 St. Paul, MN 55101 8. Indemnification. Recipient shall and does hereby agree to indemnify against and to hold Grantor, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage which Grantor may or might incur by reason of or arising from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on Grantor's part to perform or discharge any of the terms, covenants or agreements contained herein or pursuant to the Grant (except those obligations under the Grant that are within the sole control of Grantor). Should Grantor, or its officers, agents, or employees incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Grantor, the amount thereof, including costs, expenses, and attomeys fees, shall bear interest thereon at the rate then in effect on the Note, shall be added to the Grant, and Recipient shall reimburse Grantor for the same immediately upon demand, and upon the failure of Recipient so to do, Grantor may declare the Grant immediately due and 5 DJG- 190359v 1 CL205-11 payable. Nothing in this Agreement shall be deemed to waive or limit any immunity from or limitation on liability to which Grantor is entitled, under Minnesota Statutes, Chapter 466 or otherwise. [REST OF PAGE INTENTIONALLY BLANK] 6 DJG-190359vl CL205-11 Ken Ande,r:.son-#190359 vl -. lCa 9J:ant agreement columbia he.',!g:h~s,!i.:a..'..n:s:i:t.ig..n:.:'.,b.,!,9.:.,C.k II ..... ........., P,.age 7 ] IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers thereunto duly authorized on the day and year first written above. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its By Its COLUMBIA HEIGHTS TRANSITION BLOCK LLC By Its By Its 7 DJG-190359vl CL205-11 L"Ken Anderson '- #190359 vl- Ica g~:an.t agreement columbia heights transition bloCk'il ..... , .........",' Page' 8.',I EXHIBIT A TO GRANT AGREEMENT PROPERTY LEGAL DESCRIPTION A-8 DJG-190359vl CL205-11 EXHIBIT D TO GRANT AGREEMENT INSERT GRANT DOCUMENT B-9 DJG-190359vl CL205-11 First draft - December 6, 2000 GRANT AGREEMENT (Livable Community Act Funds - Crest View ONDC I) THIS AGREEMENT is made this __ day of ,200 by and between Crest View ONDC I, a nonprofit corporation under the laws of the state of Minnesota ("Recipient") and the City of Columbia Heights, Minnesota, a municipal corporation under the laws of the state of Minnesota ("Grantor"). RECITALS A. Columbia Heights Transition Block LLC, a limited liability company under the laws of the state of Minnesota ("Developer") has requested that the Columbia Heights Economic Development Authority ("Authority") enter into certain agreements, including but not limited to a contract for private development with Developer dated 200 (the "Contract"), and that the City of Columbia Heights, Minnesota CGrantor"i enter into certain agreements with Crest View ONDC I, a nonprofit corporation under the laws of the state of Minnesota ("Recipient"), all with regard to the construction of a 50- unit senior rental facility (the "Project") to be located on certain property in the City legally described on Exhibit A attached hereto (the "Property"). B. In order to provide additional financing for the Project and thereby improve and retain affordable housing in the City, Grantor agrees to grant to Recipient the sum of Three Hundred Nine Thousand Six Hundred Fifty and no/100ths Dollars ($309,650) from funds received by Grantor from the Metropolitan Council, a public corporation and political subdivision of the state created pursuant to Minnesota Statutes, Chapter 473 (the "Metropolitan Council"), such funds provided to Grantor pursuant to Livable Communities Demonstration Account Grant No. SG-99-47 (the "Grant"), a copy of which is attached hereto as Exhibit B and the terms of which are hereby incorporated by reference. ACCORDINGLY, to induce Grantor to make the Grant to Recipient, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Grant Amount. Subject to and upon the terms and conditions of this Agreement, Grantor agrees to grant to Recipient the sum of Three Hundred Nine Thousand Six Hundred Fifty and no/100ths Dollars ($309,650), or so much thereof as is disbursed to Recipient in accordance with this Agreement (the "Grant"). Grantor shall have no obligation to disburse any portion of the Grant to Recipient unless and until Grantor receives an equivalent amount of funds from the Metropolitan Council pursuant to the Grant. Proceeds of the Grant shall be disbursed in accordance with Section 2 hereof. 1 DJG-190361vl CL205-14 that: 2. Disbursement of Grant Proceeds. (a) On ,200__ (the "Closing Date"), Grant proceeds shall be paid to Recipient or a trustee or escrow agent designated by Recipient. Recipient warrants that it shall use Grant proceeds only for purposes and activities related to the Project and permitted by the Grant. (b) The following events shall be conditions precedent to the payment of the Grant proceeds to Recipient on the Closing Date: (i) Recipient having executed and delivered to Grantor prior to the Closing Date, without expense to Grantor, executed copies of this Agreement; (ii) Recipient having provided evidence satisfactory to Grantor that Recipient has established a separate accounting system for the Project, for the purpose of recording the receipt and expenditure of the Grant proceeds; (iii) Recipient having paid all attorney fees, costs, and expenses incurred by Grantor in connection with this Agreement; (iv) Recipient having delivered to Grantor prior to the Closing Date, the Contract, fully approved and executed by all parties thereto; and (v) Recipient having provided Grantor with evidence satisfactory to Grantor that Recipient has adequate funds to complete the Project. 3. Representations and Warranties. Recipient represents and warrants to Grantor (a) Recipient is a nonprofit corporation duly organized and existing in good standing under the laws of the State of Minnesota. (b) Recipient is duly authorized and empowered to execute, deliver, and perform this Agreement and to receive the Grant from Grantor. (c) The execution and delivery of this Agreement, and the performance by Recipient of its obligations hereunder, do not and will not violate or conflict with any provision of law or the organizational documents of Recipient and do not and will not violate or conflict with, or cause any default or event of default to occur under, any agreement binding upon Recipient. (d) The execution and delivery of this Agreement has been duly approved by all necessary action of Recipient, and this Agreement has in fact been duly executed and delivered by Recipient and constitutes its lawful and binding obligation, legally enforceable against it. 2 DJG-190361vl CL205-14 Ken Anderson - #190361 vl - LCA grant agreement crest view ondc i.doc Page 3 j (e) Recipient warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of Grant proceeds and that any duly authorized r~presentative of Grantor shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of Recipient respecting the Grant until the completion of all closeout procedures and the final settlement and conclusion of all issues arising out of this Grant. (f) Recipient warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue said compliance throughout the terms of this Agreement. If at any time Recipient receives notice of noncompliance from any governmental entity, Recipient agrees to take any necessary action to comply with the State or Federal law in question. (g) Recipient warrants that it will use the proceeds of the Grant made by Grantor solely for the purposes described in Section 2 hereof. (h) Recipient warrants that it will comply with all federal, state, and local laws, rules, and regulations applicable to construction and operation of the Project, including but not limited to those pertaining to occupational health and safety, stormwater discharge, and nondiscrimination. Without limitation of the foregoing, Recipient further specifically warrants that it will comply with all applicable requirements of the Metropolitan Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. (i) To the extent required by the Grant, Recipient shall acknowledge the Grant in promotional materials, press releases, reports, and publications relating to the Project by including in such materials the following or similar language: This project was financed in part with a grant from the Metropolitan Council through the Livable Communities Demonstration Account of the Metropolitan Livable Communities Funds. (j) Recipient warrants that it will provide Grantor with all documentation and materials necessary for Grantor to comply with Grantor's accounting, audit and report requirements under Section III of the Grant. 4. Event of Default by Recipient. The following shall be Events of Default under this Agreement: (a) any breach or failure of Recipient to perform any term or condition of this Agreement or an Event of Default by Developer under the Contract (as defined in Recital A hereof) and such failure continues for thirty (30) days after Grantor has given written notice to Recipient specifying such default or breach unless Grantor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Grantor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Recipient within the applicable period and is being diligently pursued until the Default is corrected, but no such extension shall be given for a Default that can be cured by the 3 DJG-190361vl CL205-14 payment of money; (b) any representation or warranty made by Recipient herein or in any document, instrument, or certificate given in connection with this Agreement is false when made; or (c) Recipient is dissolved, liquidated, or wound up, or fails to maintain its existence as a going concern in good standing (excepting reorganizations, consolidations, and mergers into or with affiliates owned by, owning, or under common control of or with such entity or into the parent of such entity, provided the succeeding organization assumes and accepts such entity's obligations hereunder). 5. Grantor's Remedies upon Recipient's Default. Upon an Event of Default by Recipient and after receipt of written notice from Grantor, Grantor shall have the right to exercise any or all of the following remedies (and any other rights and remedies available to it): (a) suspend its performance under this Grant Agreement; and (b) take any action provided for at law to enforce compliance by Recipient with the terms of this Grant Agreement. 6. Grantor's Costs of Enforcement of Agreement. If an Event of Default has occurred as provided herein, then upon demand by Grantor, Recipient will pay or reimburse Grantor for all expenses, including all fees and disbursements of legal counsel, incurred by Grantor in connection with the enforcement of this Agreement, or in connection with the protection or enforcement of the interests of Grantor in any litigation or bankruptcy or insolvency proceeding or in any action or proceeding relating in any way to the transactions contemplated by this Agreement. 7. Miscellaneous. (a) Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived only in writing. No delay in the exercise of any power, right or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right or remedy. (b) Assignment. This Agreement shall be binding upon Recipient and its successors and assigns and shall inure to the benefit of Grantor and its successors and assigns. All rights and powers specifically conferred upon Grantor may be transferred or delegated by Grantor to any of its successors and assigns. Recipient's rights and obligations under this Agreement may be assigned only when such assignment is approved in writing by Grantor. (c) Law Goveming; Other Matters. This Agreement shall be govemed and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal DJG-190361vl CL205-14 ii,Ken' Andeison '#190361 vlr LCAg,rapt, agreement crest view ondc i.doc Page courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications which can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. All representations and warranties contained in this Agreement or in any other agreement between Recipient and Grantor shall survive the execution, delivery and performance of this Agreement and the creation and payment of any indebtedness to Grantor. Recipient waives notice of the acceptance of this Agreement by Grantor. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (d) Titles. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument (f) Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, remm receipt requested, to the following addresses (or such other addresses as either party may notify the other): To Grantor: 590 40th Avenue NE Columbia Heights, MN 55421 ' Attn: City Manager To Recipient: 325 Cedar Street Suite 400 St. Paul, MN 55101 8. Indenmi~cation. Recipient shall and does hereby agree to indemnify against and to hold Grantor, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage which Grantor may or might incur by reason of or arising from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on Grantor' s part to perform or discharge any of the terms, covenants or agreements contained herein or pursuant to the Grant (except those obligations under the Grant that are within the sole control of Grantor). Should Grantor, or its officers, agents, or employees incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Grantor, the amount thereof, including costs, expenses, and attomeys fees, shall bear interest thereon at the rate then in effect on the Note, shall be added to the Grant, and Recipient shall reimburse Grantor for the same immediately upon demand, and upon the failure of Recipient so to do, Grantor may declare the Grant immediately due and 5 DJG-190361vl CL205-14 Ken Anderson - #190361 vl - LCA grant agreement crest view ondc i.doc Page 6 payable. Nothing in this Agreement shall be deemed to waive or limit any immunity from or limitation on liability to which Grantor is entitled, under Minnesota Statutes, Chapter 466 or otherwise. [REST OF PAGE INTENTIONALLY BLANK] 6 DJG-190361vl CL205-14 IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers thereunto duly authorized on the day and year first written above. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its By Its COLUMBIA HEIGHTS TRANSITION BLOCK LLC By Its By Its 7 DJG- 190361vl CL205-14 Ken Anderson - #190361 vl - LCA grant agreement crest view ondc i.doc Page 8 EXHIBIT A TO GRANT AGREEMENT PROPERTY LEGAL DESCRIPTION A-8 DJG-190361vl CL205-11 EXHIBIT B TO GRANT AGREEMENT INSERT GRANT DOCUMENT B-9 DJG-190361vl CL205-11 ;Ke.n Ao:dem0n ,.~olumbia hei:ghts real.estate equities pilot agreernent,do¢ ............... '!. ..... ........E..::E-E:'. Rage 17l First Draft - November 30, 2000 ( P.I.L.O.T. AGREEMENT Project) This Agreement is entered into as of the ~ between , a Columbia Heights, Minnesota (the "City"). day of (the "Owner"), , 200__, by and and the City of WHEREAS, the Owner and the City have agreed to the Owner's construction of three (3) units of low-rent housing (the "Units") in accordance with a Cooperation Agreement by and among the City, the Minneapolis Public Housing Authority (the "MPHA"), and the Columbia Heights Economic Development Authority (the "Authority") dated ,2000 (the "Cooperation Agreement"); and WHEREAS, as set forth in the Cooperation Agreement, the Units will be exempt from real and personal property taxation pursuant to Minnesota Statutes, Section 469.040; and WHEREAS, as envisioned by the Cooperation Agreement, the City and the Owner desire to enter into an agreement by which the Owner will make certain payments in lieu of taxes. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property Legal Description. The land referred to in this commitment and on which the Units are located is described in the attached Exhibit A and is referred to herein as the "Property". 2. Payment in Lieu of Taxes. The Owner agrees that it shall pay to the City annual payments in lieu of taxes in an amount equal to the amount of property taxes that the City would have assessed against the Units for the provision of services for police, fire, sanitation, road maintenance, and other public services and facilities if the Units were not exempt from taxation. This amount shall be referred to herein as the "PILOT". Charges for sanitation services shall be included only if the City provides such services to the Units. 3. Procedure. The City will cause the Units to be valued periodically on the same basis and in the same manner that taxable property in the City is appraised for tax purposes and shall provide the Owner with written notice of the value so determined. The City shall annually calculate the amount which will be payable to the City as PILOT and shall, on or before December 31 in each year, commencing with the year 200 , provide the Owner written notice of the amount so calculated. The Owner agrees to pay the City each fiscal year, commencing with the year 200 , the amount calculated as the PILOT. The PILOT shall be due and payable on the same dates in each year as real estate taxes are due and payable under laws of the State of Minnesota, and shall be paid by check directly to the City. Any portion of the PILOT not paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent property taxes under the laws of the State of Minnesota. 1 DJG- 189789vl CL205-11 Ken Anderson - columbia heights real estate,equities pilot agreement.doc' ". ..... " 'Page'2 ii 4. Termination. This Agreement shall continue in effect until such time as the Units are no longer exempt from real and personal property taxation pursuant under Minnesota law. 5. Goveming Law: Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 6. Notices.. All notices, reports or other communications relating to this Agreement shall be sent to the parties at the following addresses, unless otherwise provided by one party to the other party in writing: To the Owner: To the City: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 7. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 8. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 9. Counterparts: Modifications. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This Agreement may not be modified, waived, or otherwise amended except by a writing signed by the Owner and the City. 10. Attorney Fees. Whenever any Event of Default occurs and if the City shall employ attomeys or incur other expenses for the collection of payments due or to become due, or for the enforcement of performance or observance of any obligation or agreement on the part of the Owner under this Agreement, the Owner agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attomeys and' such other expenses so incurred by the City. 11. Continuation of Certain Obligations. Nothing in this Agreement shall act to 2 DJG-189789vl CL205-11 modify, amend, or otherwise relieve the Owner of its obligations and undertakings as stated in any other agreement to which the Owner and the City, or the Owner and the Authority, are parties. 12. Termination of Agreement. Upon termination of this Agreement, no party hereto shall have any obligation or rights hereunder and this Agreement shall be of no further force and effect, except as such provisions herein are expressly stated to survive such termination. [REST OF PAGE INTENTIONALLY BLANK] 3 DJG- 189789v 1 CL205-11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF COLUMBIA HEIGHTS By Attest: By Its Its STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me on __, 200 , by , and , respectively the , , and of the City of Columbia Heights, Minnesota, a municipal corporation under the laws of the State of Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on ,200 Notary Public 4 DJG- 189789v 1 CL205-11 Ken Anderson - columbia heights real estate equities p ot ag:meme:nt~do>c .................................................. ' ......... P~ge,5 OWNER By: Its: By: Its: STATE OF MINNESOTA ) )SS COUNTY OF ) by The foregoing instrument was acknowledged before me on and and ,a IN WITNESS WHEREOF, I have hereunto set my hand ,200__. and official ,200 th~ of seal on Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Columbia Heights, Minnesota 55402 Telephone: 337-9300 5 DJG- 189789v 1 CL205-11 EXHIBIT A LEGAL DESCRIPTION OF THE LAND [need legal description here] DJG- 189789v 1 CL205 o I 1 A-6 L&V DRAFT 10/18/00 NEI DEVELOPMENT AGREEMENT BY AND AMONG CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND COLUMBIA HEIGHTS TRANSITION BLOCK LLC AND NEI COLLEGE OF TECHNOLOGY Dated ,2000 NEI DEVELOPMENT AGREEMENT THIS NEI DEVELOPMENT AGREEMENT ("Agreement") is made as of the __ day of ,2000 by and among the City of Columbia Heights, Minnesota, a municipal corporation under the laws of Minnesota (the "City"), the Columbia Heights Economic Development Authority, a body corporate and politic under the laws of Minnesota (the "Authority"), Columbia Heights Transition Block LLC, a Minnesota limited liability company (the "Developer") and NEI College of Technology, a Minnesota nonprofit corporation CNEI'). WITNESSETH: WHEREAS, the City, the Authority and the Developer have entered into a Development Agreement of even date herewith (the "City Development Agreement") providing for the development and construction of a senior housing assisted living residential facility (the "Senior Housing Project") and a Rental Housing multi-family residential facility (the "Rental Housing Project") on certain acquired by the Developer from NEI (the "Developer Parcels"); and WHEREAS, pursuant to that certain Purchase Agreement, dated as of October 19, 2000 (the "Purchase Agreement"), by which the Developer has purchased the Developer Parcels from NEI, the Developer has agreed to provide this NEI Development Agreement to NEI. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the City, the Authority, the Developer, and NEI herein, in the City Development Agreement and the Purchase Agreement, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. In this Agreement, unless a different meaning clearly appears from the context: "Authority" means the Columbia Heights Economic Development Authority. "City" means the City of Columbia Heights, Minnesota. "Construction Plans" means plans, specifications, drawings and related documents on the construction work to be performed on the NE1 Retained Property which are attached hereto as Exhibit A. "Crest View ONDC, Inc." means Crest View ONDC, Inc., a Minnesota nonprofit corporation. "County" means the County of Anoka, Minnesota. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "NEI Improvements" means the construction on the NEI Retained Property of parking improvements described in the Construction Plans. "NEI Retained Property" means the real property owned by NEI legally described on Exhibit B attached hereto. "Rental Housing Owner" means Columbia Heights Housing Limited Parmership I, a Minnesota limited partnership, or its permitted successors and assigns. "Senior Housing Owner" means Crest View ONDC, Inc., or, on an interim basis, pending receipt of a determination letter from the Internal Revenue Service regarding the tax-exempt status of Crest View ONDC, Inc., Crest View Advanced Missions I, LLC, a Colorado limited liability company. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the NEI Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local govemmental unit which directly result in delays. ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City represents as follows: (a) hereunder. The City has the power to enter into this Agreement and carry out its obligations Section 2.2. Representations by the Authority. The Authority represents as follows: (a) The Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the City are undertaken to facilitate the creation of housing opportunities for persons of low and moderate income and persons of age 62 and older pursuant to the City Development Agreement. (b) The activities of the Authority are undertaken to facilitate the creation of housing opportunities for persons of low and moderate income and persons of age 62 and older pursuant to the City Development Agreement. Section 2.3. Representations and Warranties by Developer. Developer represents and warrants that: (a) Developer is a limited liability company in good standing under the laws of Minnesota and has power to enter into this Agreement. (b) Developer has received no notice or communication from any local, State, or federal official that the activities of the Developer, the City, the Authority, the Rental Housing Owner or the Senior Housing Owner pursuant to or envisioned by this Agreement may be or will be in violation of any environmental law or regulation. Developer is aware of no facts the existence of which would cause the Developer, the Rental Housing Owner or the Senior Housing Owner to be in violation of or give any person a valid claim under any local, State, or federal environmental law, regulation, or review procedure. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of the terms, conditions, or provisions of any corporate or parmership restriction or any evidences of indebtedness, agreement, or instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. ARTICLE lII Construction of NEI Improvements Section 3.1. Construction of NEI Improvements. (a) The Developer shall construct or cause the Rental Housing Owner and the Senior Housing Owner to construct the NEI Improvements on the NEI Retained Property in accordance with the Construction Plans. None of the City, the Authority or the Developer shall have any obligation to operate or maintain the NEI Improvements. (b) The Developer will construct or cause the Rental Housing Owner and the Senior Housing Owner to construct the NEI Improvements in accordance with all local, State, and federal energy-conservation laws or regulations. (c) The Developer will obtain, or cause the Rental Housing Owner and the Senior Housing Owner to obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which are required to be obtained or met before the NEI Improvements can be lawfully constructed, including, without limitation, the requirements of any necessary special use permits. Section 3.2. Commencement and Completion of Construction. The Developer shall commence, or shall cause the Rental Housing Owner or the Senior Housing Owner to commence, the construction of the NEI Improvements by not later than , and shall complete or shall cause the Rental Housing Owner or the Senior Housing Owner to complete the construction of the NEI Improvements within eighteen (18) months of the date hereof, as such period may be extended due to Unavoidable Delays. ARTICLE IV Events of Default Section 4.1. Events of Default Defined. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder, provided that such failure or breach shall not constitute an "Event of Default" if corrective action is instituted by or on behalf of such party within a thirty (30) day period after service of notice of default upon such party and diligently pursued until the earlier of the date such default is corrected or one hundred eighty (180) days has elapsed. Nothing in this Article IV shall limit NEI's fights to exercise any remedy to which it is entitled under any other agreement. Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.1 of this Agreement occurs, the non-defaulting party may: '(a) suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement; (b) cancel and rescind or terminate this Agreement; and (c) take whatever other action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the any party in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any fight or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such fight and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE V Additional Provisions Section 5.1. No Assignment by Developer. The Developer acknowledges and agrees that the City, the Authority and NEI are entering into this Agreement in express reliance on the identity of the Developer and that neither the Developer's rights nor its obligations pursuant to this Agreement may be assigned, sold, hypothecated, pledged, or otherwise transferred to any party other than the Rental Housing Owner or the Senior Housing Owner without the express written consent of the City, the Authority and NEI. Section 5.2. Conflict of Interests; Authority and Representatives Not Individually Liable. The City, the Authority, the Developer and NEI, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City or the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, or employee of the City or the Authority shall be personally liable to NEI, the Developer, the Rental Housing Owner or the Senior Housing Owner, or any successor in interest, in the event of any default or breach by the City or the Authority, or for any amount which may become due to NEI, the Developer, the Rental Housing Owner or the Senior Housing Owner or successor or on any obligations under the terms of this Agreement. Section 5.3. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the NEI Improvements provided for in this Agreement it shall comply with all applicable federal, State, and local equal employment and non-discrimination laws and regulations. Section 5.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, retum receipt requested, or delivered personally; and (a) in the case of the City, is addressed to or delivered personally to the City at 590 40th Avenue N.E., Columbia Heights, MN, Attn: City Administrator; (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 590 40th Avenue N.E., Columbia Heights, MN, Attn: Executive Director; (c) in the case of the Developer, is addressed to or delivered and personally to Columbia Heights Transition Block LLC, 325 Cedar Street, Suite 400, St. Paul, MN 55101; and (d) in the case of NEI, is addressed to or delivered and personally to NEI College of Technology, 825 41st Avenue N.E, Columbia Heights, MN 55421, Attention: Chuck Dettmann; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 5.5. Section 5.6. Counterparts; Modifications. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This Agreement may not be modified, waived, or otherwise amended except by a writing signed by the Developer, the City, the Authority and NEI. Section 5.7. Continuation of Certain Obligations. Nothing in this Agreement shall act to modify, amend, or otherwise relieve the Developer of its obligations and undertakings as stated in any other agreement to which the City, the Authority or NEI is a party. Section 5.8. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Minnesota. Any dispute arising from this Agreement shall be heard in the state or federal courts of Minnesota, and all parties waive any objection to the jurisdiction thereof, whether based on convenience or otherwise. Section 10.11. Termination of Agreement. Upon termination of this Agreement, no party hereto shall have any obligation or fights hereunder and this Agreement shall be of no further force and effect, except as such provisions herein are expressly stated to survive such termination. IN WITNESS WHEREOF, the City, the Authority, the Developer and NEI have caused this Agreement to be duly executed in their name and on their behalf, with actual execution on the dates set forth below. CITY OF COLUMBIA HEIGHTS DATE: ,2000 By Its Mayor DATE: ,2000 By Its City Administrator COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY DATE: ,2000 By Its President By DATE: ,2000 Its Executive Director COLUMBIA HEIGHTS TRANSITION BLOCK LLC DATE: ,2000 By Its NEI COLLEGE OF TECHNOLOGY DATE: ,2000 By Its EXHIBIT A CONSTRUCTION PLANS EXHIBIT B LEGAL DESCRIPTION OF NEI RETAINED PROPERTY H:XNEIDevelopmentAgreement(clean) TC3:713057 v01 12/08/2000 City of Columbia Heights Park and Recreation Commission November 29, 2000 The meeting was called to order by Eileen Evans at 6:32 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Kevin Hansen, Public Works Director/City Engineer; Gary Mayer; Scott Niemeyer; Gary Peterson; Roger Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director Members absent: Bruce Magnuson Also present: APPROVAL CONSENT AGENDA Motion by Foss, second by Mayer to approve the consent agenda. All ayes, motion carried. LETTERS ANDREOUESTS OLD BUSINESS SEPARATE BUDGET FOR MAJOR MURZYN HALL EXPENSES Members discussed the Murzyn Hall budget in regards to the major expenses that Murzyn Hall acquires. Bob Ruettimann stated that he would like to see this facility as a city property and not a park property. He also indicated that there should be consideration for a separate budget for Murzyn Hall for major expenses. ( i.e. parking lot, roof, etc.) He also stated that there are many other city departments that use John P. Murzyn Hall and this use must be taken into consider- ation. The Recreation Director also mentioned the fact that there are many civic groups that still use the hall at no charge. He also mentioned the $40.00 entry fee and $1 5.00/hr policy is to try and cover some of our costs and that these groups still may use the hall at no cost as long as it is during normal operation hours. NEW BUSINESS DECEMBER MEETING/HOLIDAY DINNER Commission members discussed and agreed on the December meeting/holiday dinner. The meeting will be held on December 13, 2000 at 6:30 p.m. at the Timber Lodge Steakhouse in Spring Lake Park. PAGE TWO CITY COMPREHENSIVE PLAN The Comprehensive Plan was approved by the City Council. Kevin Hansen distributed the exert of Section 10, Park and Open Space Plan, to the Park and Recreation Commission. Highlights from the Park and Open Space Plan were: history of Columbia Heights park system, demo- graphics, inventory of 14 parks in the city, and facilities inventory. According to the City's Comprehensive Plan, the population of Columbia Heights is predicted to increase slightly over the next twenty years as well as to generally increase in age. It also stated that we are short picnic areas verses population based on the national average. It further states as recreation activities such as biking, nmning, walking, and in line skating increase, the need for an effective trail and pathway system in Columbia Heights becomes more of a priority. The plan also says the development of at least one or two additional athletic fields or the possibility of a multi-use baseball/softball field should be explored. REPORTS RECREATION DIRECTOR PUBLIC WORKS DIRECTOR/CITY ENGINEER COMMISSION MEMBERS ADJOURNMENT Motion by Foss, second by Niemeyer to adjourn. All ayes, motion carried. Meeting adjourned at 7:31 p.m. Tina Foss, Park and Recreation Commission Secretary