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Home My WebLink AboutJanuary 22, 2001 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 ADMINISTRATION January 19, 2001 Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert .4. Williams 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, January 22, 2001 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 request 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) 1. CALL TO ORDER/OATH OF OFFICE/ROLL CALL A) Oath of Office 1) Robert A. Williams - Councilmember 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 the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the January 8, 2001, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for February 5, 2001 MOTION: Move to establish a Work Session meeting date for February 5, 2001, and a joint City Council/Library Board meeting for February 7, 2001. 3) Authorize Joint Powers Agreement with School District #13 for a Police School Liaison Officer MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with school District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 5, 2000, through June 7, 2001. 4) THE CITY Authorize Purchase of two vehicles for the Police Department MOTION: Move to authorize the purchase of two 2001 Ford Crown Victoria police vehicles, along with service and parts manuals, per the State of Minnesota bid, with funding to come from 431- 42100-5150 in the amount of $45,918.68 including tax; and that the Mayor and City Manager are EQUAL OPPORTUNITY EMPLOYER City Council Agenda January 22, 2001 Page 2 of 5 5) Appoint Interim Police and Fire Civil Service Commissioner MOTION: Move to appoint Vern Moore as an Interim member of the Police and Fire Civil Service Commission for a period not to exceed four months fi.om the date of this appointment. 6) Establish Date for the Local Board of Review meeting MOTION: Move to set the date for the Local Board of Review meeting for Monday, April 2, 2001, at 7:00 p.m. in the City Council Chambers. ALTERNATE MOTION: Move to set the date for the Local Board of Review meeting for Thursday, April 5, 2001, at 7:00 p.m. in the City Council Chambers. 7) Accept Lease Agreement for Gymnasium use at NEI College of Technology MOTION: Move to authorize staff to accept City of Columbia Heights/NEI College of Technology lease agreement from September 1, 2000 to May 31, 2001 upon terms stated in the lease. 8) Authorize Landing of State Patrols Helicopter at Huset Park for Safety Camp MOTION: Move to approve the landing/take-off of a Minnesota State Patrol Helicopter during Safety Camp on June 14, 2001 between 9:30 a.m. and 10:00 p.m. at Huset Park. 9) Authorization to seek bids for Recreation T-Shirts and Equipment MOTION: Move to authorize recreation staff to seek bids for the purchase oft-shirts, hats, and athletic equipment for the year of 2001 to be purchased fi.om account 881-45001-2170. 10) Approve quote from Infratech Technologies for cleaning and televising trunk sanitary sewer in Zone 5 from Central to University Avenues MOTION: Move to accept the quotation from Infratech Technologies of Rogers, Minnesota in the amount of $8,513 with funds fi.om the City's Sanitary Sewer Construction fund; and, authorize the Mayor and City Manager to enter into an agreement for the same. 11) Approve Blanket Purchase Orders for 2001 MOTION: Move to authorize staff to process blanket purchase order for 2001 for: Satellite rental for seven City parks with Biffs in an amount of $8,500, and De-icing salt for salt/sanding operations purchased off the State of Minnesota Contract in an amount not-to-exceed $27,000. 12) Authorization to seek bids for 2001-2002 Tree Planting Program MOTION: Move to authorize staff to seek bids for the 2001-2002 Tree Planting Program. 13) Authorization to seek bids for road materials MOTION: Move to authorize staffto seek bids for the purchase of road materials for 2001. 14) Adopt Resolutions No. 2001-01 and 2001-02, being resolutions ordering the preparation of reports for proposed Zone 5 Street Rehabilitation Proiect and Seal Coating program. MOTION: Move to waive the reading of the Resolutions, there being ample copies available to the public. MOTION: Move to adopt Resolutions No. 2001-01 and 2001-02 being Resolutions ordering the preparation of reports for proposed Zone 5 Street Rehabilitation Project and Seal Coat Program. City Council Agenda January 22, 2001 Page 3 of 5 Se e 15) Adopt Resolution No. 2001-04 being a Resolution ordering the preparation of report for Central Avenue Water Services and Streetscaping, City Project #1999-12A MOTION: Move to waive the reading of Resolution No. 2001-04, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-04, being a Resolution ordering the preparation of report for Central Avenue Water Services and Streetscaping, City Project 1999-12A. 16) Adopt Resolution No. 2001-, being a resolution setting a Public Hearing for Housing Revenue Bonds (Crest View on 42nd Assisted Living Project) MOTION: Move to waive the reading of Resolution No.2001-06, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-06, being a Resolution calling for a public hearing regarding a proposed housing program and issuance of Revenue Bonds under Minnesota Statutes, Chapter 462C. 17) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for January 22, 2001, in that they have met the requirements of the Housing Maintenance Code. 18) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for January 22, 2001. 19) Approve Payment of Bills MOTION: Move to pay the bills as listed out of the proper fired. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introduction of New Employees D) Recognition PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 3725 Main Street. MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Maurice Weaver regarding rental property at 3725 Main Street in that the property is in compliance with the Residential Maintenance Code. B) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1221-1223 Circle Terrace MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Susan Kinch regarding rental property at 1221-1223 Circle Terrace 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 4640-4648 Polk Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Connie Johnson regarding rental property at 4640-4648 Polk Street in that the property is in compliance with the Residential Maintenance Code. City Council Agenda January 22, 2001 Page 4 of 5 D) Rental Housing License Revocation for 1020 44th Avenue MOTION: Move to waive the reading of Resolution No. 2001-05, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-05, 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 Greg Heinen regarding property at 1020 44th Avenue ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Appoint 2001 Council President and approve 2001 Council/Staff Liaison Assignments MOTION: Move to appoint , as Council President. MOTION: Move to approve the established 2001 Council Staff Liaison Assignments 2) Approve 2001 CDBG Program Application MOTION: Move to authorize staffto prepare the 2001 CDBG Program Application to remove slum and blight in the amount of $300,000 for the acquisition of the Conoco Convenience Store/Gas Station at 3955 University Avenue; and furthermore, to submit said application to Anoka County. 3) Approve Reallocation of Community Development Block Grant Funds MOTION: Move to reallocate $127,000 of Community Development Block Grant Funds from the 1998 and 1999 Housing Rehabilitation Project Numbers 855 and 955, HUD #376 and 469 to the 1999 Livable Demonstration Account, Project 929, HUD #427 thus giving that account a balance of $231,000, and furthermore, authorizing a Public Notice to be published offering the citizens of Columbia Heights the opportunity to make comments regarding the proposed use of the reallocated Community Development Block Grant Funds. 4) Approve Purchase Agreement for Single Family Residential Property at 4542 Washington Street MOTION: Move to authorize the Mayor and City Manager to execute the purchase agreement for the acquisition of 4542 Washington Street in the amount of $108,000 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. 5) Authorize Reallocation of funds to the Fire Department MOTION: Move to authorize the Mayor and City Manager to transfer $10,755.50 from Fund 101- 00-34202 to Fire Department Fund 101-42200-2173 (2001 Budget). 6) Authorize Purchase of 14 sets of Turnout Gear for the Fire Department MOTION: Move to authorize the Mayor and City Manager to approve the purchase of 14 new sets of Tumout Gear from Danko Emergency Equipment for a total of $13,244 plus any additional taxes from Fire Department fund 101-42200-2173, Protective Clothing and Gear. 7) Approve City Funding for Lobbying Efforts in Opposition to Wine Being Sold In Grocery Stores MOTION: Move to support the Minnesota Municipal Beverage Association and the Minnesota Licensed Beveravge Association in their efforts to prevent legislation authorizing the sale of wine in grocery stores and to authorize the City Manager to expend up to $3,000 in support of defeating any proposed legislation on this time. City Council Agenda January 22, 2001 Page 5 of 5 ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Special Meeting of the December 11, 2000 Economic Development Authority 2) Meeting of the December 19, 2000 Economic Development Authority 3) Meeting of the January 9, 2001 Planning and Zoning Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, 'l i~//W~Manager CORRECTION: ITEM 7-C-2 Approve 2001 CDBG Program Application address should be 3955 University Avenue NE (not Lookout Place) OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 2001 1. CALL TO ORDER/OATH OF OFFICE/ROLL CALL The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, January 8, 2001 in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights. The Deputy City Clerk issued the Oaths of Office to Mayor Peterson, and Councilmember Nawrocki. Present: Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, and Mayor Peterson Absent: Councilmember Williams 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki thanked the citizens of Columbia Heights for the honor to serve this community. He commented on his political career and goals, and listed future expectations of the City Manager and City Attorney. He asked that citizens get better information on actions taken by the City Council. e CONSENT AGENDA A) MOTION by Wyckoff, second by Szurek, to approve the Consent Agenda items, except the Business License for 3952 Central Avenue, as follows: 1) Minutes for Approval Motion to approve the minutes of the December 27, 2000, regular City Council meeting as presented. 2) Authorization to obtain price quotes for printing and mailing of the 2001 City Newsletter Motion to authorize staff to obtain price quotations for printing and mailing of the 2001 "Heights Happening" City Newsletter. 3) Authorize payment of 2001 Association of Metropolitan Municipalities Membership Dues Motion to authorize payment of the 2001 annual Membership Fee to the Association of Metropolitan Municipalities in the amount of $5,187.00. 4) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 1020 44th Ave NE, 1221-'1223 Circle Terrace, 4640, 4648 Polk Street NE, and 3725 Main Street NE Motion to establish a Hearing Date of January 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Greg Heinen at 1020 44th Avenue NE. Motion to establish a Heating Date of January 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Susan Kinch at 1221- 1223 Circle Terrace. Motion to establish a Hearing Date of January 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Connie Johnson at 4640, 4648 Polk Street NE. Motion to establish a Heating Date of January 22, 2001 for Revocation or Suspension of a License City Council Minutes January 8, 2001 Page 2 of 5 to Operate a Rental Property within the City of Columbia Heights against Maurice Weaver at 3725 Main Street NE. 5) Approve License Applications Motion to approve the items as listed on the business license agenda for January 8, 2001. 6) Approve Payment of Bills Motion to pay the bills as listed out of the proper fund. Wyckoff asked when staff seeks bids for the City Newsletter, to consider and give preference to a Columbia Heights firm. Wyckoff asked to pull and table the license application for Junklin Jewels at 3952 Central Avenue for further investigation. Nawrocki questioned contracting out the compilation of the newsletter. Fehst stated this contract was to the past employee who put together the newsletter, and she has agreed to continue until new personnel are able to do this. Nawrocki felt staff shouM do this. Nawrocki wants to be sure that all Columbia Heights residents receive the newsletter, as this has been a problem in the past. He requested information be included on commission terms that are expiring and the Board of Review Public Hearing date. Nawrocki stated that when establishing hearing dates for revocation or suspension of rental housing license he wouM like to see the problems listed. Fehst indicated that information wouM be available at the hearing and that a large majority of these properties are brought into compliance before the public hearing date. Peterson stated this information is available to the public through the inspections department. Nawrocki questioned the Land Title Inc. bill for $117,55Z Hoefi stated this was to the title company for the purchase of 1307 42'~'~ Avenue for flood mitigation purposes. Nawrocki suggested the bills listed be brought to the council meeting to assist with questions asked. Nawrocki suggested that with the increase in natural gas prices, that the City make an adjustment now and not wait until the end of the year to make this budget revision. Nawrocki questioned the Steininger Construction bill for $5, 700. This was for rubble removal at a demolition site. Wyckoff indicated this information is available from the Finance Department. Nawrocki stated the $8,752 membership fee for the North Metro Mayors Association was not as great a benefit as participation in the Association of Metropolitan Municipalities. Upon vote: All ayes. Motion carried. Business License for Junklin Jewels at 3952 Central Avenue Wyckoff stated she went to this store and felt this is not the correct location for them, and that residents feel we already have too many stores of this type in the city. Jim Hoefi, City Attorney, questioned if the intent of tabling the Business License for 3952 Central Avenue license so as to prohibit the business to operate. He suggested a conditional license be issued until there has been further review and investigation. This will be brought back to the Council for discussion. Wyckoff questioned if the owner would receive a refund if the license was not approved. Hoefi stated the License Clerk would need to address this. Motion by Wyckoff, second by Nawrocki, to table approval of the business license for 3952 Central Avenue until there has been further review and investigation, and can be brought back to the Council for discussion. Upon vote: All ayes. Motion carried. City Council Minutes January 8, 2001 Page 3 of 5 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - none. B) Presentations 1) Holiday Lighting Contest Awards a) Gary and Jodi Gorman, 5010 Johnson Street b) Gene and Bonnie Rauchwarter, 1290 Polk Place c) Michael and Kristina Hamann, 4221 Reservoir Blvd. Mayor Peterson congratulated these residents. He presented certificates and checks to Gene and Bonnie Rauchwarter of 1290 Polk Place, and Gary Gorman of 5010 Johnson Street. The Hamann 's were not present and will be sent their prize. C) Introduction of New Employee 1) Christopher Downing, Assistant Liquor Operations Manager Chris Downing introduced himself, gave his background, and thanked the Council for this opportunity. D) Recognition - none. 6. PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1224-1226 Circle Terrace. Mayor Peterson closed the Public Hearing for 1224-1226 Circle Terrace as the property is in substantial compliance with the Residential Maintenance Code. Fehst stated there are several screens that will be replaced in the spring. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Police and Fire Civil Service Commission opening Peterson indicated there is an opening on the Police and Fire Civil Service Commission as the new Councilmember, Mr. Nawrocki, who served on that Commission must now resign. Peterson stated there has been discussion to abolish this commission. He suggested discussing this at a work session. Nawrocki felt there shouM be a new appointment, continuing the Commission. The Fire Civil Service Commission wouM have to continue, unless absolved by the citizens. It was recommended to contact Vern Moore, to again inquire if he would accept a temporary appointment to this commission. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager Upcoming Work Session Items Assignment of Liaisons from Council to the Commissions and Boards · Roof heating cables for the north side of Murzyn Hall · Alternative route for jamboree parade, because of Central Avenue construction · School liaison program · Purchase of two squad cars · Fire reallocation of funds from assisting the Carlos Avery Fire · Purchase of turn out gear - replacing gear purchased in 1987 City Council Minutes January 8, 2001 Page 4 of 5 · · · · · · Purchase of washer and dryer (budgeted items) for the Fire Department Transfer of CD block grant money to transition program. Application for 2001 CD block grant money. Quotes for sanitary sewer cleaning in Zone 5 of 12 and 15 inch lines. Purchase agreement for 4552 Washington Street for flood mitigation Recent lobbying efforts to legislature for sale of beer and wine in grocery stores License for second hand store on Central Fehst reported on happenings in the City: he indicated that two new Police Officers began work today, a robbery suspect was apprehended, there was new carpeting and painting being done in the Police Department, construction of the gun range in the basement of the Police Department has begun, the Huset Park Neighborhood group is starting a list of volunteers to review the 40th Avenue redevelopment concept, and Dana Alexon is at the fire academy, Mel Collova is at a training session this week, there was afire at 4021 Stinson caused by the water heater, and the Public Works Department handled two water main breaks. Fehst referred to the research done by Decision Resources to improve the faqade of Central Avenue. Nawrocki stated he opposes using work sessions to make decisions. He gave the background on the CBD Block Grant process. He spoke on compensation from tax increment financing compression and questioned why we were not compensated the first year. Fehst stated many communities are not happy and a formal complaint has been lodged. Fehst responded to Nawrocki's statement at the beginning of the meeting. Peterson informed the public that the next Council Work Session is January 17th in City Hall Conference Room 1, and is open to the public, with a 10.'30 curfew. B) Report of the City Attorney - none 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1. Meeting of the December 6, 2000 Traffic Commission 10. CITIZENS FORUM Peterson commented on the difficulty youth groups in the City have obtaining gymnasium time to practice, and stated there is need for more cooperation with the School Board. Nawrocki questioned the street parking permit process adjacent to NEI. Hoefl stated the agreement calls for this process to be reviewed by the Chief of Police or his delegate, with issuance through NEI's permit process Nawrocki referred to an anonymous letter he received and asked the party to call him directly for a response. Szurek stated she is a member of the Joint Task Force with the City of Fridley and stated the public forum previously set for January 11, 2001 was rescheduled to February 21, 2001 at Murzyn Hall at 7:00p. m. She requested community input at this meeting. City Council Minutes January 8, 2001 Page 5 of 5 Szurek questioned the status of purchasing signs designating demolition areas. Fehst stated that only one bid was received and normally three bids are obtained. Szurek, who missed Mr. Jolly's and Mr. Hunter's last City Council meeting because of illness, expressed her feelings regarding their service and dedication to this community. Wyckoff thanked staff for responding to a complaint and removing snow at a local bus stop. She requested that Metro Transit be contacted to ful. fill their responsibility of clearing snow at bus stops. Wyckoff commented on the WCCO T. V. Dimension report on the Heights Theatre and the El Bustan restaurant review in the newspaper. She commented on Bobby and Steve's Auto World 'food to go", and a new Mexican restaurant in Hilltop called El Tequita. Peterson gave the Government class students present the opportunity to introduce themselves. 11. ADJOURNMENT Peterson adjourned the meeting at 8:55 p.m. Patficia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: 4A2 CITY MANAGER APPROVAL ITEM: Establishing Work Session and BY: W. Fehst BY: ~~ Special Meeting for February 2001. DATE: January 19, 2001 DATE: NO: It is recommended that a Work Session meeting be scheduled for Monday, February 5, 2001 at 7:00 p.m. in the City Hall Conference Room 1. It is also recommended that a Special Joint Council/Library Board meeting be set for Wednesday, February 7, 2001 at 7:00 p.m. at the Columbia Heights Public Library. RECOMMENDED MOTION: Move to establish a Work Session meeting date for Monday, February 5, 2001 at 7:00 p.m. in the City Hall Conference Room 1 and establish a Special Joint Council/Library Board meeting for Wednesday, February 7, 2002 at 7:00 p.m. at the Columbia Heights Library Board Room. COUNCIL ACTION: h:~2001-1-22worksessiondates CITY COUNCIL LETTER Meeting of January 22, 2001 AGENDA SECTION: Consent ~ ORIGINATING DEPARTMENT CITY MANAGER NO. t-I ~/-I - ~ POLICE APPROV~kL: ITEM: School Liaison Officer Contract BY: ThomasM. Johnson~ BY: Y~j~ NO. DATE: January 10, 2001 v ~ - DATE: BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Total cost for the school year 2000-2001 is $78,066.76, with the school district's share at $29,275.03. ANALYSIS/CONCLUSION Officer Mike McGee has held this position since the inception of the program. Officer McGee has established excellent rapport with the students and staff at the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the community. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED ACTION Authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 5, 2000, through June 7, 2001. mld 01-011 COUNCIL ACTION: JOINT POWERS AGREEMENT Section 7 This Joint Powers Agreement dated this 12 th day of December, 2000, is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District #13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 2000-2001 school year is attached. o BILLING. The City shall submit a bill to the School District which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement o 10. 11. TERM. This agreement shall commence on September 5, 2000, and shall end on June 7, 2000. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Gary Peterson Mayor David Behlow Superintendent of Schools Thomas M. Johnson Chief of Police Janet Ostazeski School Board Chair. COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM 2000-2001 School Year Base Wage: Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred comp. Overtime allocation TOTAL BASE WAGE $4,185.00/month 110.00/month 234.99/month Section 8 $50,220.00/year 990.00/9 mos. 2,819.00/year 2,317.82/year 300.00/year 2,172.96/year $58,819.78/year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (7.48 each $100 wage) P.E.R.A. (12% gross wage) Hospitalization ($455.00/month) TOTAL FRINGE BENEFIT COSTS 852.89/year 4,399.71/year 7,058.38/year 5,700.00/year $18,010.98/year Miscellaneous Costs: Training Allowance ~Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 721.00/year 515.00/year 1,236.00/year TOTAL YEARLY COSTS To compute monthly total: $78,066.76 divided by 12 months = $6,505.56 To compute school year total: $6,505.56 x 9 months (school yr.)= $58,550.07 To compute School District #13 cost: 1/2 of 9/12 funding formula = $29,275.03 TOTAL COST TO SCHOOL DISTRICT #13 $78,066.76/year $29,275.03 mid CITY COUNCIL LETTER Meeting of January 2~ 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER ITEM: Authorization to Purchase Vehicles BY: Thomas M. Johnsq~] , NO: DATE: January 10, 2001 u - DATE: BACKGROUND The State of Minnesota has been awarded the contract for the delivery of police vehicles for 2001. This award is to Superior Ford, Inc., of Plymouth, Minnesota. The base vehicle price listed in the award for the full size sedan is $21,127. As in past years, the deducts for the full size sedan include, but are not necessarily limited to, engine block heater, noise suppression package, and ABS brakes. Add-ons include single key keyed alike system, rubber floor mats, left side spot light, courtesy lamps disabled, white roof and doors, remainder of car black, battery controlled driver's side deck release, driver/front passenger window control. After the deducts and add-ons, the price of the car comes to $21,436. 2001 Ford Crown Victoria: 4-door, base price with add-ons and deducts $21,436.00 x two vehicles x 2 $42,872.00 Plus sales tax 6.5% 2,786.68 $45,658.68 1 parts manual ~ 1 service manual $145.00 $115.00 GRAND TOTAL $45,918.68 ANALYSIS/CONCLUSION It is our recommendation to the Council that our two new marked police vehicles be purchased from the State of Minnesota bid, which has been awarded to Superior Ford of Plymouth, Minnesota. The Police Department will reduce its department fleet by two vehicles upon receipt of the new vehicles. RECOMMENDED MOTION: Move to authorize the purchase of two 2001 Ford Crown Victoria police vehicles, along with service and parts manuals, per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $45,918.68 including tax; and that the Mayor and City Manager are authorized to enter into a contract for same. TMJ:mld 01~010 COUNCIL ACTION: Tom ,~ohn~om a: OF PAGF$. ~' ~UCE I~RCE~R PAC~GE 4.6L ~ ~GINE / AOD ~A~ON ~ ~ ~N~. ~, DR~ B~ ~T ~ -- CL~ ~ ~ R~R AIR CO;~ONI~ / AM/~ ~, ~ ~O R~R ~N~W ~i~ / ~GINE ~K H~ A~ BR~ / UM~O SUP R~ ~ 2001 FoRD CROWN VerOnA POUt; ~W POUCE INTE)~C[I:~'TOR PACKAGE: 4.6Lv8 E~K31NE / AOO TRAN~ON POWE~ LOCK~ 'WINDOW~ IVBRRO~. DRIVER SEAT ~PEEDCONTROL / TILT~e.~mNGWHE~L AIR CONOmONIN~ / AM/PM ~,r.~ZO RAOIO REAR W1NDOVV DEFROST'ER / EN(31NE ~LOC:K HF. ATE~ AB~ BRAKES / UMITEO ~e ~E:A~ AXLE LH SPOTUGHT / eAO~O aomg SUPPeES~Oa $~1,12T 1.800-343-5338 INRO NL~ED AT T1M~ OF ORDE~ -- ~ FtLLtN BLANK.G ATTN;. FAX~, INsu~t~ ¢O. POUCY# CRCI.~ COt. O~ &lOVE $ gM 27.00 SAN-OB-2001 15:52 FROM TO 9?63?063?52 P.02 CROWN VIC POUCE INTE. RCEPTOR OPTIONS ~ CO~r' 1. FLOOR MATS 12H (N/A W/RUBBER FLOOR) 2. AM/FlVl STERO CASSE"T"rE 58H 3. OEL~ A~ BRAK~ A. RUBBER FLOOR 127 (IN UEU OF CARP~) 5. VINYL REAR SEAT 6. DElE ENGINE BL~K H~ 41H 7. MULTIP~ UN~S -- K~ED AUKE 8. D~E ~ SPOTUG~ 9. ADD RH ~OTLIGHT ~1C 1 0. CLOTH SPMT BENCH S~T (IN UEU OF BUCK,S) I 1. FR DOOR M~GS IN~A~D BY FACTORY ~6C 1 ~. SMALL C~ HUB CA~ 1 3. FULL WHEEL COVERS 1 4. DUAL B~M MAP LIGHT (DE~ H~D~ MAP L1G~) 1 5. ADDITIONAL ROOF REINFORCEMENT 1 ~5 1 6. COU~Y ~MP5 DISAB~ ~7~ 1 7.51LICONE HOSES W/AIRCRA~ C~M~ 1 77 1 ~. TRUNK RE~[ ON DRIVERS DOOR 6 1H (IGNITION POWERED) 1 ~. DElE SPE~ COBOL 20. DELETE RADIO NOISE SUPPR~ION 21. I.~MP PRE WIRE GROUP 2~-. POWER ADJU~'FABLE BRAKE & GA~ PEDAL.~ 23. 27. 185 (~50) 6O (20) 161 9O O 0 0 0 70 15 279 0 TWOTONE PAINT-ACCENT ON ROOF & FR DOORS 954 59C LOCKS-DRIVER & FR PA,~ CONTROL ONLY 157 (REAR HANDL.E~ INOPF. RATIVE) WINDOW..~DRIVER & FR PASS CONTROL ONLY 948 18 TWOTONE PAINT-ACCENT ON ROOF & ,4 DOORS 952 450 TVVOTONE PAINT-ACCENT ON ROOF, HOOD.TRUNK ~)..~3 ZI.50 45O (1S5) (55) ,4.5 12O 0 OPTIONS 28, SERVICE MANUAL 1 ,45 29. POWER'TRAIN/EMISSIONS MANUAL ~-00 30, ELECTRICAL MANUAL 65 31. PARTS MANUAL 9~ :32. POWERTRAIN WARRANTY -- 3YR/100,000 MI *" 1800 33. POWERTRAIN WARRANTY -- 3 YR/'75,000 MI"'* 1300 °t*$~O DEDUCTIBLE PER VISIT -- WARRANTY ENOS AT WHICHEVER COMES FIRffT -- MILES OR TIME 34. 35. TOTAL OF ALL OPTIONS ADDED TO ORDER ................................. $ TOTAL P. 02 CITY COUNCIL LETTER Meeting of January 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. q-/~'5 POLICE APPROVAL: ITEM: Appointment of Civil Service Police and BY: Thomas M. Johnsq~ BY: NO. Fire Commission Member DATE: January 18, 2001~ DATE: BACKGROUND Civil Service Commission Secretary Bruce Nawrocki was recently elected to the City Council and, therefore, submitted his resignation from the Civil Service Commission. This leaves two Commission members, and it is generally believed that the selection process is better served with three commissioners than with two. The Mayor directed the City Manager to contact Vern Moore, who had served the Commission for more than thirty years and also has previously filled in on an interim basis when a vacancy has occurred. The City Manager contacted Mr. Vern Moore, who stated that he would assist us for up to four months. ANALYSIS/CONCLUSION Mr. Vem Moore has agreed to assist our city as an interim Civil Service Commissioner for the next four months. RECOMMENDED MOTION: Move to appoint Vem Moore as an interim member of the Police and Fire Civil Service Commission for a period not to exceed four months from the date of this appointment. mid 01-015 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~-~-~ CITY MANAGER'S APPROVAL ITEM: SET DATE FOR BOARD OF REVIEW BY: Jane G leas on & BY: ~/~/~ Walter Fehst NO: DATE: 1-09-2001 Anoka County has requested that we select the date for the required annual Board of Review during the month of April. The earliest date in April is the second. The date tentatively set is Monday, April 2, 2001, at 7:00 p.m. Alternative date would be Thursday, April 5, 2001 at 7:00 p.m. Staff recommends the Council adopt the following motion. ALTERNATE MOTION: Move to set the date for the Local Board of Review meeting for Thursday, April 5, 2001, at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: Move to set the date for the Local Board of Review meeting for Monday, April 2, 2001, at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: Jg\county\bdrev. let CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~[- A - '-] Recreation APPROVAL ITEM: Staff seek authorization to accept City of Columbia BY: Gregg Gagnon ~ Heights/NEI College of Technology lease agreement for use Athletic Program Coord~ta?}r of the east and west gymnasiums from September 1, 2000 through May 31, 2002. DATE: January 10, 2001 /w NO: BACKGROUND: Recreation staff is seeking authorization to accept the City of Columbia Heights / NEI College of Technology lease agreement for use of the east and west gymnasiums Mondays through Thursdays from 6:00p.m. - 10:00p.m. from September 1, 2000 through May 31, 2002. The facility will be used for both youth and adult basketball, volleyball and other similar activities suitable to a gymnasium. The lease will remain constant compared to the 1997-99 lease agreement. Attached is a copy of the prospective lease agreement dated September 1, 2000 through May 31, 2002 and a copy of an approved agreement dated September 1, 1997 through May 31, 1999. RECOMMENDED MOTION: Move to authorize staff to accept City of Columbia Heights /NEI College of Technology lease agreement from September 1, 2000 - May 31, 2002 upon terms stated in lease. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT LEASE AGREEMENT CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY This lease agreement, made in duplicate this 22th day of December, 1997, by and between NEI COLLEGE OF TECI-hNOLOGY, hereinafter referred to as "Lessor", and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as "Tenant" or as "Lessee", for the benefit of the Columbia Heights Parks and Recreation Commission. Witnesseth: That the Lessor in consideration oft~,e rents and covenants hereinafter mentioned, to be paid and performed by the Tenant, does hereby demise, lease, and let unto the Tenant, and the Tenant does hereby hire and take from the Lessor, the premises described herein situated in the City of Columbia Heights, County of Anoka, State of Minnesota. 1. Description of Premises The leased premises consists of both the large and small .gymnasiums located in the building known as NE1 COLLEGE OF TECHNOLOGY, located at 825 - 41st Avenue Northeast, Columbia Heights, Anoka County, Minnesota. The large gymnasium is located on the west side of the building and the small gynmasium is located on the east side of the building. 2. Times and Dates of Rental The atbrementioned large and small gymnasiums are leased by Lessor to the Tenant Mondays through Thursdays from 6:00 p.m. to 10:00 p.m. from September 1, 1997, through May 31, 1999. 3. Nature of Occupancy Tenant shall use the facilities for basketball, volleyball, and similar athletic activities suitable to a gymnasium. 4. ResponSibilities of Lessor Lessor shall provide adequate heating, lighting, and hot and cold running'water for the leased premises, so that the leased premises may be used by Tenant for its intended purpose. Lessor shall permit Tenant to use the basketball baskets, scoreboards, and volleyball standards now in place on the premises. Lessor shall provide routine maintenance and cleaning services for the gymnasiums. 5. Tenant's Equipment Responsibilities Tenant shall provide all equipment of every kind needed for its use of'the gymnasium except for those items for which lessor .is responsible pursuant to paragraph 4 above. I of 5 CITY OF COLUMBLA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT 6. Tenant's Utilities Responsibilities Tenant agrees to reimburse the Lessor, on a pass through cost basis, for Lessor's out of pocket utility expenses monthly. The cost is as follows: The East Gym $4.30 per hour: the West Gym $8.30 per hour. These charges will be reviewed yearly. 7. Tenant's Gym Floor Responsibilities Tenant acknowledges that they are the primary user of the Gyms. Accordingly the Tenant will be responsible for sharing the cost of resuffacing the wooden gym floors with the Lessor and the other primary user of the gyms, Columbia Heights School District 13. The Tenant and Columbia Heights School District 13 shall share in the cost of the resuffacing supplies (i.e., polyurethane) on a pro rata basis, and the Lessor shall provide the labor and equipment to perform the resuffacing 8. Supervisor Tenant covenants that it will provide adequate adult supervision of all activities at all times it is leasing the leased premises. 9. Tenant's Responsibility for Damage Tenants shall be responsible for the costs of repair of any damages occurring to the gymnasiums and lockers during its leasing of the same, excepting normal wear and tear. Tenant shall promptly notify Lessor of any damage that occurs during Tenant's use of the leased premises. Lessor shall promptly notify Tenant of any damage which Lessor observes and which occurred during the use of the leased premises by Tenant. Lessor shall repair such damage and bill the cost of said repair to Tenant, who shall promptly pay the same. Tenant further covenants and agrees not to waste or misuse water, electricity, or any other utility which is or may be furnished by Lessor. 10. Compliance with Laws Tenant covenants that it will not use said leased premises or permit the same or any part thereof to be used for any purpose or in any way contrary to the laws, ordinances, or regulations of the United States of America, the State of Minnesota, or the City of Columbia Heights, or of any boards or officers of said city. 11. Condition of Premises Tenant acknowledges the receipt of the demised premises and the same to be in good and sanitary condition, and in good repair, and the taking of possession of the demised premises by the Tenant shall be conclusive evidence that the demised premises and all equipment, plumbing fixtures, and other items appurtenant thereto, were in good clean and tenantable condition and in all respects were satisfactory and acceptable to Tenant, at the time Tenant took possession of the lease premises. 2 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGR.EEIvlE~Fr 12. Subleasing Tenant agrees not to sublease the demised premises~ or any part thereof, or assign this lease or any interest therein, or permit any such lease to become transferred by operation of law or otherwise, and Tenant agrees that no act or acts will be done or permitted whereby the same may be or become sublet or assigned in whole or in part, unless the written consent of the Lessor endorsed thereon is first obtained in each and every case of subletting or assignment. The Lessor shall have sole and absolute discretion to refuse or approve any particular subletting or assignment. 13. Liability of Lessor and Tenant Tenant agrees that the Lessors shall not be liable for any damage, either to persons or to property or the loss of property sustained by the Tenant or by any other person, arising out of the state of repair of or a defect in the leased premises, or due to any accident, or due to the actions or negligence of the Tenant. Tenant covenants that it will purchase at its own expense general liability insurance in the amount of at least $200,000.00 per person and $600,000.00 per occurrence, which insurance will cover any person or persons in or on or using the leased premises during the time the leased premises are used by Tenant. Said policy shall name NEI College of Technology as an additional insured under said policy. A copy of said policy containing the endorsement will be provided to NEI College of Technology prior to the commencement of Tenant's use of the lease premises. 14. Notice Any notice from Lessor to the Tenant will be served on the Tenant by mail as follows: City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 with a copy to: Barna, Guzy, & Steffen LTD 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Mpls., MN 55433 Any notice from the Tenant to the Lessor shall be served on Lessor by mail as follows: NEI College of Technology 825 - 41 st Avenue N.E. Columbia Heights, MN 55421 3 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE DF TECHNOLOGY LEASE AGREEMENT with at copy to: Jerrod F. Bergfalk, Esq. Lindquist & Vennum 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 15. Fire It is further agreed between Lessor and the Tenant that if during the term of the lease the leased premises shall be damaged or destroyed by fire or the elements, or through any other cause, so as to render the leased premises unfit for Tenant's use of the leased premises as stated herein, or to such an extent that the premises cannot be repaired with reasonable diligence within thirty days from the occurrence of such damage, then the Lessor may terminate this lease and the Tenant shall immediately surrender the demised premises and all interest therein to the Lessor. lt~ however, the leased premises is not rendered unfit for use by the Tenant for its activities as a result of said damages, then the Lessor shall repair the same with reasonable promptness. 16. Quiet Enjoyment The lessor agrees and covenants that the Tenant shall and may peaceably and quietly have, hold and enjoy said leased premises for the term of this lease as set forth herein. 17. Right of Reent~ Lessor and Tenant agree that this lease is made upon the condition that if the Tenant shall neglect or fail to keep, observe, and perform any of the covenants and agreements contained in this lease which it is obligated to keep, observe, or perform, or if the leasehold interest of the Tenant shall be taken on execution or other process of law, or if the Tenant shall cease to exist as a legal entity, or if the Tenant shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases the Lessor may at its election, and upon written notice to the Tenant, declare this lease tbrfeited and void, and may thereupon reenter and take full and absolute possession of said premises as the owner thereof, flee from any right or claim of the Tenant or any person or persons claiming through or under the Tenant; and such reentry shall be and constitute an absolute bar to any right by the Tenant. 18. Access to Premises Tenant shall have access to the premises at all hours necessary for it to carry on its occupancy thereof. The Lessor shall designate the entrances, stairways, and halls of the building in which the leased premises are located which Tenant shall 4 of 5 CITY OF COLUMBIA HEIGFFFSfNEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT use in entering and leaving the leased premises. The use of such entrances, stairways, and halls shall not be exclusive, nor shall it be unreasonable in nature. 19. Right of Inspection The Lessor shall at all times have the fight to enter upon the leased premises to inspect their condition and, at its election, to make reasonable necessary repairs thereon for the protection and preservation thereof. 20. Rent As and for rent for the premises, Tenant shall pay to Lessor the sum of $1.00 on or before July 1. 2 i. Use of Gymnasiums ARer May 31, 1999. This lease terminates unconditionally and absolutely as of the end of May 31, 1999. However, Lessor expresses its '~ilingness to negotiate with Tenant upon the termination of this lease, for a new lease of the premises for the period from September 1, 1999 to May 31, 2000. IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands the day and year first above written. NEI COLLEGE OF TECHNOLOGY, Lessor '~harles R. Dettmann President / ' Jerroli5 F. Be~rgf~ll~.~.~, . Secretary .,...( / Tenant CITY OF COLUMBIA HEIGHTS, Jf~ePh gtdrdevaTM ..,"May°r City Manager City Attorney 5 of 5 I IE! COLLEGE OF TECHNOLOGY CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT LEASE AGREEMENT CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY This lease agreement, made in duplicate this 10th day of January, 2001, by and between NEI COLLEGE OF TECHNOLOGY, hereinafter referred to as "Lessor", and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as "Tenant" or as "Lessee", for the benefit of the Columbia Heights Parks and Recreation Commission. Witnesseth: That the Lessor in consideration ofthe rents and covenants hereinafter mentioned, to be paid and performed by the Tenant, does hereby demise, lease, and let unto the Tenant, and the Tenant does hereby hire and take bom the Lessor, the premises described herein situated in the City of Columbia Heights, County of Anoka, State of Minnesota. 1. Description of Premises The leased premises consists of both the large and small gymnasiums located in the building known as NEI COLLEGE OF TECHNOLOGY, located at 825 - 41st Avenue Northeast, Columbia Heights, Anoka County, Minnesota. The large gymnasium is located on the west side of the building and the small gymnasium is located on the east side of the building. 2. Times and Dates of Rental The aforementioned large and small gymnasiums are leased by Lessor to the Tenant Mondays through Thursdays fi.om 6:00 p.m. to 10:00 p.m. fi.om September 1, 2000, through May 31, 2002. 3. Nature of Occupancy Tenant shall use the facilities for basketball, volleyball, and similar athletic activities suitable to a gymnasium. 4. Responsibilities of Lessor Lessor shall provide adequate heating, lighting, and hot and cold running water for the leased premises, so that the leased premises may be used by Tenant for its intended purpose. Lessor shall permit Tenant to use the basketball baskets, scoreboards, and volleyball standards now in place on the premises. Lessor shall provide routine maintenance and cleaning services for the gymnasiums. 5. Tenant's.Equipment Responsibilities Tenant shall provide all equipment of every kind needed for its use of the gymnasium except for those items for which lessor is responsible pursuant to paragraph 4 above. 6. Tenant's Utilities Responsibilities Tenant agrees to reimburse the Lessor, on a pass 825 415T AVE NE ~ COLUMBIA HEIGHTS ~ MN 55421-2974 ~ TELE 763.781.4881 ~ FAX 763.782.7329 ~1 TOLL-FREE 800.777.7634 ~1WWW. NEICOLLEGE.ORG lof5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT through cost basis, for Lessor's out of pocket utility expenses monthly. The cost is as follows: The East Gym $4.30 per hour; the West Gym $8.30 per hour. These charges will be reviewed yearly. The base year for the utility expenses is 1994/95. Any increases above the base year will be passed on. 7. Tenant's Gym Floor Responsibilities Tenant acknowledges that they are the primary user of the Gyms. Accordingly the Tenant will be responsible for sharing the cost of resurfacing the wooden gym floors with the Lessor and the other primary user oftbe gyms, Columbia Heights School District 13. The Tenant and Columbia Heights School District 13 shall share in the cost of the resurfacing supplies (i.e., polyurethane) on a pro rata basis, and the Lessor shall provide the labor and equipment to perform the resurfacing. 8. Supervisor Tenant covenants that it will provide adequate adult supervision of all activities at all times it is leasing the leased premises. 9. Tenant's Responsibility for Damage Tenants shall be responsible for the costs of repair of any damages occurring to the gymnasiums and lockers during its leasing of the same, excepting normal wear and tear. Tenant shall promptly notify Lessor of any damage that occurs during Tenant's use of the leased premises. Lessor shall promptly notify Tenant of any damage which Lessor observes and which occurred during the use of the leased premises by Tenant. Lessor shall repair such damage and bill the cost of said repair to Tenant, who shall promptly pay the same. Tenant further covenants and agrees not to waste or misuse water, electricity, or any other utility which is or may be furnished by Lessor. 10. Compliance .with Laws Tenant covenants that it will not use said leased premises or permit the same or any part thereof to be used for any purpose or in any way contrary to the laws, ordinances, or regulations of the United States of America, the State of Minnesota, or the City of Columbia Heights, or of any boards or officers of said dty. 11. Condition of Premises Tenant acknowledges the receipt of the demised premises and the same to be in good and sanitary condition, and in good repair, and the taking of possession of the demised premises by the Tenant shall be conclusive evidence that the demised premises and all equipment, plumbing fixtures, and other items appurtenant thereto, were in good clean and tenantable condition and in all respects were satisfactory and acceptable to Tenant, at the time Tenant took possession of the lease premises. 12. Subleasing Tenant agrees not to sublease the demised premises, or any part 2 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT thereof, or assign this lease or any interest therein, or permit any such lease to become transferred by operation of law or otherwise, and Tenant agrees that no act or acts will be done or permitted whereby the same may be or become sublet or assigned in whole or in part, unless the written consent of the Lessor endorsed thereon is first obtained in each and every case of subletting or assignment. The Lessor shall have sole and absolute discretion to refuse or approve any particular subletting or assignment. 13. Liability_ of Lessor and Tenant Tenant agrees that the Lessors shall not be liable for any damage, either to persons or to property or the loss of property sustained by the Tenant or by any other person, arising out of the state of repair of or a defect in the leased premises, or due to any accident, or due to the actions or negligence of the Tenant. Tenant covenants that it will purchase at its own expense general liability insurance in the amount of at least $200,000.00 per person and $600,000.00 per occurrence, which insurance will cover any person or persons in or on or using the leased premises during the time the leased premises are used by Tenant. Said policy shall name NEI College of Technology as an additional insured under said policy. A copy of said policy containing the endorsement will be provided to N-El College of Technology prior to the commencement of Tenant's use of the lease premises. 14. Notice Any notice from Lessor to the Tenant will be served on the Tenant by mail as follows: City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 with a copy to: Attn: Jim Hoer Barna, Guzy, & Steffen LTD 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Mpls., MN 55433 Any notice from the Tenant to the Lessor shall he served on Lessor by mail as follows: NEI College of Technology 825 - 41st Avenue N.E. Columbia Heights, MN 55421 3 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT with at copy to: Jerrod F. Bergfalk, Esq. Lindquist & Vennum 4200 IDS Center 80 South Eighth Str~ Minneapolis, MN 55402 15. Fire It is further agreed between Lessor and the Tenant that if during the term of the lease the leased premises shall be damaged or destroyed by fire or the elements, or through any other cause, so as to render the leased premises unfit for Tenant's use of the leased premises as stated herein, or to such an extent that the premises cannot be repaired with reasonable diligence within thirty days from the occurrence of such damage, then the Lessor may terminate this lease and the Tenant shall immediately surrender the demised premises and all interest therein to the Lessor. If, however, the leased premises is not rendered unfit for use by the Tenant for its activities as a result of said damages, then the Lessor shall repair the same with reasonable promptness. 16. Quiet Enjoyment The lessor agrees and covenants that the Tenant shall and may peaceably and quietly have, hold and enjoy said leased premises for the term of this lease as set forth herein. 17. Right of Reentry Lessor and Tenant agree that this lease is made upon the condition that if the Tenant shall neglect or fail to keep, observe, and perform any of the covenants and agreements contained in this lease which it is obligated to keep, observe, or perform, or if the leasehold interest of the Tenant shall be taken on execution or other process of law, or if the Tenant shall cease to exist as a legal entity, or if the Tenant shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases the Lessor may at its election, and upon written notice to the Tenant, declare this lease forfeited and void, and may thereupon reenter and take full and absolute possession of said premises as the owner thereof, free from any right or claim of the Tenant or any person or persons claiming through or under the Tenant; and such reentry shall be and constitute an absolute bar to any right by the Tenant. 18. Access to Premises Tenant shall have access to the premises at all hours necessary for it to c, arty on its occupancy thereof. The Lessor shall designate the entrances, stairways, and halls of the building in which the leased premises are located which Tenant shall ~ of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT use in entering and leaving the leased premises. The use of such entrances, stairways, and halls shall not be exclusive, nor shall it be unreasonable in nature. 19. Right of Inspection The Lessor shall at all times have the fight to enter upon the leased premises to inspect their condition and, at its election, to make reasonable necessary repairs thereon for the protection and preservation thereof. 20. Rent As and for rent for the premises, Tenant shall pay to Lessor the sum of $1.00 on or before July 1. 21. Use of Gymnasiums After May 31, 2002. This lease terminates unconditionally and absolutely as of the end of May 31, 2002. However conditions permitting, Lessor expresses its willingness to negotiate with Tenant upon the termination of this lease, for a new lease of the premises for the period fi.om September 1, 2002 to May 31, 2003. IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands the day and year first above written. NEI COI,I,EGE OF TECHNOLOGY, Lessor CITY OF COLUMBIA HEIGHTS, Tenant By By Charles R. Dettmann President Gary Peterson Mayor By Jerrold F. Bergfalk By Secretary Walt Fehst City Manager By Approved as to form City Attorney 5of5 CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPT.: Recreation CITY MANAGER NO: ~- A' g APPROVAL ITEM: Landing of State Patrols Helicopter at I-Iuset Park BY: Cindi Willprecht BY for Safety Camp. Youth Enrichment NO: DATE: January 9, 2001 BACKGROUND: The Columbia Heights Recreation Department will be offering Safety Camp on June 14, 2001. The Minnesota State Patrol has been requested to conduct a safety awareness program for Safety Camp. This will include the landing and take-off of a Helicopter at Huset Park. To ensure safety of the participants, Anoka County Dispatch will be informed, a perimeter will be created and secured by the Columbia Heights Police Department, the Fire department will provide support in case of an emergency, and Public Works will ensure that the field is prepared for the landing of the helicopter RECOMMENDED MOTION: Move to approve the landing/take-off of a Minnesota State Patrol Helicoptor during Safety Camp on June 14, 2001 between 9:30 a.m. and 10:00 a.m. at Huset Park. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: £! - A- q Recreation APPROyAL ITEM: Seek bids for recreation t-shirts and equipment ~YA: EG: 7a~ggu?r~g9n, g0q ~ BY:~/~/f~ NO: T BACKGROUND: Each year the recreation department purchases t-shirts, caps, and athletic equipment for all of our youth athletic programs. At this time the staffwould like authorization to seek bids for the purchase oft-shirts, hats, and athletic equipment. The funds have been budgeted in line 881-45001-2170, this is the same account in which money donated by the boosters is deposited. RECOMMENDED MOTION: Move to authorize recreation staffto seek bids for the purchase oft-shirts, hats, and athletic equipment for the year of 2001 to be purchased for account 881-45001-2170. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: t~_f~. ~ P UBLICWORKS~ BY: .~/~ ITEM: APPROVAL QUOTE FROM INFRATECH BY: K. Hanse~ ~., TECHNOLOGIES FOR CLEANING AND TELEVISING DATE: 1/18/0! t DATE. TRUNK SANITARY SEWER IN ZONE 5 FROM CENTRAL TO UNIVERSITY AVENUES Background: As part of the Street Rehabilitation Zone work, staff annually reviews the condition of the underground utilities. For the sanitary sewer system, recent inspection logs may be utilized, or Public Works utility crews televise lateral lines. A determination is then made if any repairs or replacements need to be made. Analysis/Conclusion: On September 11, 2000, the City Council added the area north of 41't Avenue east of Quincy Street and west of Central to the Zone 5 program for 2001. This area has experienced sanitary sewer problems in the past with backups in residential homes. To address the problem, the sanitary lines in this area need to be cleaned, televised and inspected for existing conditions with recommendations for any necessary repairs. Public Works Utility staff has begun the process of cleaning and televising the lateral lines in Zone 5. This area is served by 2,321 of 12" and 1,836 of 15" trunk lines flowing to the west at 44th and University Avenues. These trunk lines have not been cleaned and televised in excess of 15 years and are suspected to be extremely dirty. Due to the size and depth of the lines and their existing condition, Public Works recommends to contract this portion of the work out. Staff has received three quotes as follows: Infratech $2.05 L.F. Lametti $2.15 L.F. Visu-Sewer $3.85 L.F. The proposals include mobilization, complete cleaning, restoring to 95% or greater operational capacity, disposal of debris at a MCES designated site and traffic control. This will allow the cleaning and inspection of lateral and trunk lines in Zone 5 to be completed by the end of February for inclusion in the Zone 5 plan preparation. Recommended Motion: Move to accept the quotation from Infratech Technologies of Rogers, Minnesota in the amount of $8,513, with funds from the City's Sanitary Sewer Construction Fund; and, authorize the Mayor and City Manager to enter into an agreement for the same. r,_~.'jb Attachment: Zone 5 Sanitary Map COUNCIL ACTION: UNIVERSITY %% II AVE TH 47 I 14~ch ST %,,,, ! [ II I IMA])ISDN ~T I JACKSON ST ] -, ilvAN ]~UREN STI .E I NE CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: L[_//~ _ I I PUBLIC WORKS ITEM: BLANKET PURCHASE ORDERS FOR 2001DATE:BY: K. Hansen~)~'1/15/01'c-'~'~- BDI:TE.~.~~. Pubhc Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of $3,000. Staff is requesting authorization to process blanket purchase orders for 2001to cover the following: 2001 Budgeted Amounts · Satellite rental for seven City parks year-round · De-icing salt for sanding operations $ 8,500 $27,000 The satellites are provided at Gauvitte, Huset, Keyes, McKenna, Ramsdell, Prestemon and Silver Lake Beach. Public Works typically uses the Hermepin County Cooperative Purchasing Contract for satellite rentals, where rates are established for the County and multiple municipalities. It should also be noted that Public Works typically purchases salt off the State of Minnesota Contract, which is bid for the 2001 winter season. In the fall of 2001 the vendor and unit price may change. Therefore, an estimate is provided for the remainder of this season. The current contract supplier is IMC Salt. RECOMMENDED MOTION: Move to authorize staff to process blanket purchase orders for 2001 for: Satellite rental for seven City parks with Biff's in an amount of $ 8,500 De-icing salt for salt/sanding operations purchased off the State of Minnesota Contract in an amount not-to- exceed $27,000 rd-I.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ITEM: AUTHORIZATION TO SEEK BIDS FOR 2001- BY: K. Hansen// BY: 2002 TREE PLANTING PROGRAM DATE: 1/17/01'~ DATE: Staff requests permission to seek bids for the Tree Replanting Program. This is a 2-year contract that would be in effect for years 2001-2002. The current 1999-2000 contract ended December 31, 2000. Trees are planted to replace public trees that have been removed because of disease or storm damage. Tree planting is paid for out of Fund 101-46104 Dutch Elm Replacement budget, with $18,000 budgeted in 2001. Recommended Motion: Move to authorize staff to seek bids for the 2001-2002 Tree Planting Program. rd-~.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: L.,-~ ~ I~ PUBLIC WORKS~ ~,/~/~ ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen q, BY: ROAD MATERIALS DATE: 1/17/01 DATE: Staff requests permission to seek bids for the purchase of road materials for 2001. Materials include Aggregates, Plant Mixed Bituminous, Asphalt Materials and Disposal of Asphalt and Concrete Rubble. Bids are obtained on a unit price basis and staff orders materials throughout the year as they are needed. The 2001 Public Works Budget has the following amounts budgeted: · Aggregate o Sanding Ice Control $ 9,000 o Gravel $ 2,500 · Asphalt Materials o Hot Mix Bituminous $17,000 o Winter Cold Mix $ 7,500 o Tack Oil $ 3,600 Disposal of Asphalt & Concrete Rubble $ 2,500 RECOMMENDED MOTION: Move to authorize staff to seek bids for the purchase of road materials for 2001. I~I:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Hansen/~ FEASIBILITY REPORTS FOR ZONE 5 STREET DATE: 1/17/01 REHABILITATION & SEAL COATING PROGRAM Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must bc passed by thc City Council calling for a report on the necessity, cost effectiveness and feasibility of thc proposed improvement. Analysis/Conclusions: The attached resolutions call for the City Engineer to prepare the required report for the Zone 5 Street Re. habilitation project and annual Seal Coating program. Our proposed schedule calls for holding the improvement hearings for the projects on March 19, 2001. Under this schedule, the projects would be bid in April. Recommended Motion: Move to waive the reading of the resolutions, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No.'s 2001-01 and 2001-02 being Resolutions ordering the preparation of reports for proposed Zone 5 Street Rehabilitation Project and Seal Coat program. Attachments: Resolutions COUNCIL ACTION: RESOLUTION NO. 2001-01 BEING A RESOLUTION ORDERING PREPARATION OF REPORTS ON ZONE 5 STREET REHABILITATION WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate the local streets in Zone 5. Rehabilitation strategies include complete reconstruction, partial reconstruction or mill and overlay. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2001-01 ZONE 5 STREET REHABILITATION NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 22nd day of January, 2001. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz, Deputy City Clerk RESOLUTION NO. 2001-02 BEING A RESOLUTION ORDERING PREPARATION OF REPORTS ON ZONE 5 SEAL COAT PROGRAM WHEREAS, the City Council of Columbia Heights is proposing to seal coat the local streets in Zone 5. Rehabilitation strategies include complete reconstruction, partial reconstruction or mill and overlay. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2001-02 ZONE 5 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 22nd day of January, 2001. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Palricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 1/22/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: t_\_ /~. I'>' PUBLIC WORKS ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Hansen I/~-~ BY: /~L~.~/ CENTRAL AVENUE WATER SERVICES AND DATE: 1/18/01 DAT STREETSCAPING - CITY PROJECT 1999-12A Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required report for the Central Avenue for Water Services and Streetscaping, City Project 1999-12A. Our proposed schedule calls for holding the improvement hearing and possibly the assessment hearing for the project in April, 2001. Under this schedule, the projects would be bid in April or May. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2001-04 being a Resolution ordering the preparation of report for Central Avenue Water Services and Streetscaping, City Project 1999-12A. KH:jb Attachments: Resolutions COUNCIL ACTION: RESOLUTION NO. 2001-04 BEING A RESOLUTION ORDERING PREPARATION OF REPORTS ON CENTRAL AVENUE WATER SERVICES AND STREETSCAPING CITY PROJECT 1999-12A WHEREAS, the City Council of Columbia Heights is proposing reconstruct the water services and streetscaping on Central Avenue, from 37* to 43r~ Avenues, and WHEREAS, a feasibility report has previously been prepared and accepted on December 13', 1999 by the City Council for the Street and Utility work only, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the Water Services and Streetscaping improvements, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2001-04 CENTRAL AVENUE WATER SERVICES AND STREETSCAPING CITY PROJECT 1999-12A NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 22nd day of January, 2001. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: u/~ A - I to Community Development APPROVAL ITEM: Set Public Hearing for Housing Revenue BY: RandySchumacher~ BY:~~~ Bonds (Crest View on 42nd Assisted DATE: January 19, 2001 ~:5~a:~ Living Project) BACKGROUND/ANALYSIS: The City of Columbia Heights is authorized by Minnesota Statutes, Chapter 462C, as amended to issue revenue bonds to finance multifamily housing developments, including the acquisition and preparation of a site and the construction of a new multifamily housing development for rental primarily to elderly persons. Crest View ONDC, a Minnesota nonprofit corporation and Crestview Advanced Missions I, LLC, have requested that the City issue its revenue bonds for the purpose of financing a fifty-unit multifamily rental housing development to be located at the southwest comer of the intersection of Central Avenue and 42nd Avenue. The project will be operated as an assisted living facility for rental to elderly persons. The project will be owned by the corporation or the member. The Act imposes certain procedural requirements which must be satisfied as a condition to the issuance of the above-referenced bonds. Prior to the issuance of the Bonds, the City Council of the City must conduct a public heating on the issuance of the Bonds. Prior to the public hearing, a notice of public hearing must be published in a newspaper of general circulation in the City at least once not less than fifteen days before the public heating. The attached resolution provides for a public heating to be held at a regularly-scheduled meeting of the City Council on Monday, February 26, 2001, and authorizes the publication of a notice of the public heating in the Focus News, the official newspaper of the City and a newspaper of general circulation in the City. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2001-06, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-06, being a Resolution calling for a public hearing regarding a proposed housing program and issuance of Revenue Bonds under Minnesota Statutes, Chapter 462C. Attachment COUNCIL ACTION: h: \CL consent~Public Hearin~-Hsg Revenue Bonds-Crestview RESOLUTION NO. 2001-06 RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING A PROPOSED HOUSING PROGRAM AND ISSUANCE OFREVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Chapter 462C, as amended (the "Act") authorizes the City to issue revenue bonds to finance a multifamily housing development. 1.02. Section 462C.03 of the Act requires that in order carry out a project, the City must develop a housing program ("Program") and hold a public heating thereon. 1.03. Crest View ONDC I, a Minnesota nonprofit corporation ("Corporation"), (or Crestview Advanced Missions I, LLC, a Colorado limited liability company and a member of Crest View ONDC I) (the "Member"), has proposed that the City issue bonds in one or more series in the approximate principal amount not to exceed $6,250,000 (the "Bonds") to finance a proposed Program under the Act. The proposed Program consists of the acquisition, construction and equipping of a 50- unit assisted-living multifamily senior rental housing development (the "Project"), located at 900 - 42nd Avenue N.E. in the City to be owned by the Corporation or the Member. 1.04. Section 147(0 of the Intemal Revenue Code of 1986, as amended, and regulations promulgated thereunder, requires that prior to the issuance of the Bonds, this Council approve the Bonds after conducting a public hearing thereon. Section 2. Public Hearing. 2.01. The City Council shall meet at approximately 7:00 p.m. on Monday, February 26, 2001, to conduct a public heating on the housing Program and issuance of the Bonds as requested by the Corporation. 2.02. The City Administrator is authorized and directed to publish notice of the heating in substantially the form attached hereto as Exhibit A in a newspaper of general circulation in the City once, at least fifteen (15) days prior to the date of the public heating. 2.03. The Council hereby states its preliminary intention to issue the Bonds for the Program, subject to adoption of the Program and compliance with the terms and conditions of the Act and the final agreement among the City, the Corporation and the initial purchaser of the Bonds as to the terms and conditions thereof. Passed this day of January, 2001 Offered by: Second by: Vote: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA CONSENT ORIGINATING CITY SECTION: DEPARTMENT: MANAGER APPROVAL NO: Fire ITEM: Approval of Rental Housing License BY: Dana Alexon BY:~/ff~, Applications NO: DATE: January 17, 2001 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 22, 2001, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: To: Walt Fehst, City Manager From: Dana Alexon Re: Rental Housing Licenses Date: 01/17/2001 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. Columbia Heights Fire Dept Property Address Permit # Occupan¥ I.D. Property Owner Name 30027 Lynde Investment Company 4100 4th Street F4387B 30109 Common Bond Management 3850 Stinson Boulevard F4545 30127 Lynde Investment Company 4441 University Avenue F4387F 12207 Ahmed Abdelhakim 4518 Fillmore Street F3949 12209 Luis Agudo 1319 Circle Terrace F4227 10056 Jeff Bahe 3827 Central Avenue F4259 34009 Phillip Bamford 1331 42nd Avenue F4343 20010 Vicente Burgos 4636 Washington Street F4125 10048 Allan Butler 4308 6th Street F4531 20245 Luther Crofton 4038 Madison Street F4521 20014 William Dankel 666 47-1/2 Avenue F4394A 30123 Martha Demetriou 4654 Tyler Street F4290 12218 Abullahi Elmi 4914 Tyler Street F4562 30061 Michelle Ferreira 4422 Central Avenue F4515 20334 Donald Findell 4522 Tyler Street F4292 30177 Marvin Flodin 3816 Stinson Boulevard F4508B 01/17/2001 10:29 Page 1 Columbia Heights Fire Dept Occupany I.D. Property Owner Name Property Address Permit # 30177 30179 Marvin Flodin 3826 Stinson Boulevard F4508A 20076 Karen Frauly 4636 Johnson Street F4469A 20300 Thomas Gromek 4340 Quincy Street F4463 20011 Bradley Hoag 3861 Edgemoor Place F4327 30102 Come Johnson 4640 Polk Street F4422B 30126 Come Johnson 4648 Polk Street F4422A 12151 Loma Jones 4002 Cleveland Street F4567 30076 Michael Juaire 4545 Madison Street F4573 10073 Kunal Kamran 2215 45th Avenue F4446 20347 Bryan Kingsriter 4049 University Avenue F4552 12167 Elizabeth Klenert 4957 Tyler Street F4550 20205 Delroy LaFromboise 3746 3rd Street F4219 30104 David Lange 4656 Polk Street F4094A 20293 Richard Lee 4600 Polk Street F4536 20028 Susan Loewenthal 1206 Circle Terrace F4240B 30034 James Lupient 2200 39th Avenue F4518B 30066 James Lupient 3839 Hart Boulevard F4518A 30092 James Lupient 3838 McKinley Street F4518 20035 Joe Maciaszek 4407 Jackson Street F4510 20060 John Majewski 4995 Tyler Street F4576 01/17/2001 10:29 Page 2 Columbia Heights Fire Dept Property Address Permit # Occupany I.D. Property Owner Name 20108 Richard Meissner 1348 44-1/2 Avenue F4471 30107 Paul Modell 3746 Stinson Boulevard F4514 10041 Mike O'Shea 4132 Washington Street F4261 12205 Robert Odden. 1203 42-1/2 Avenue F4548 20033 Tom Okerstrom 4619 Taylor Street F4563 20033 30138 Kenneth Pearson 4927 University Avenue F4096A 12190-N Sandra Powell 4456 Washington Street F4546 10095 Theodore Risk 501 40th Avenue F4315 30129 Daniel Shattuck 4621 University Avenue F4522 30147 Daniel Shattuck 3925 3rd Street F4523 20420 Tad Sonneman 4701 5th Street F4473D 20424 Tad Sonneman 4654 Washington Street F4473A 20409 Audrey Stauch 4161 Tyler Street F4319 20080 Chester Szaflarski 4156 Cleveland Street F4524 20129 Leonard Thayer 627 51 st Avenue F4572 34008 Jerome Thompson 1341 42nd Avenue F4371 30054 Frank Trisko 950 47th Avenue F4123 12213 Mark Tusler 3928 Ulysses Street F4571 30038 Edward Ukatu 615 40th Avenue F4468 30063 Mario Valtierrez 3849 Edgemoor Place F4226 01/17/2001 10:29 Page 3 Columbia Heights Fire Dept Property Address Permit # Occupany I.D. Property Owner Name 10092 Donald Woods 4901 5th Street F4355 30161 Yong Kwon Yi 4546 Tyler Street F4426 10042 Mary Zahorsky 3915 Van Buren Street F4566 01/17/2001 10:29 Page 4 CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~-/~-/ ~ License Department APPROVAL ITEM: License Agenda BY: Kathryn Pepin DATE: NO: DATE: January 19, 2001 BY: BACKGROUNDIANALYSIS Attached is the business license agenda for the January 22, 2001 City Council meeting for the renewals for 2001. An application for a license to operate a secondhand store at 3952 Central Avenue has been submitted by Iris Lucille Walgren. Mrs. Walgren inadvertently opened her store in December without the required license from the City. She immediately responded to our inquiries and submitted the necessary paperwork for her license. The Police Department has not found anything to prohibit the City from issuing a license. The Fire Department has scheduled an upcoming inspection to assure that Mrs. Walgren is aware of the necessity for keeping exits open and other Fire Code issues. The Building Official has visited the site and did not find any issues. In addition, there has been an application made for a taxicab driver license by Bruce Joseph Shonka. The Police Department has completed its background investigation of Mr. Shonka and recommend denial of his application based on findings that are addressed in the attached memo from Police Chief Tom Johnson. After January 1,2002 Mr. Shonka may reapply for a license provided he can show that he has met the requirements of his court disposition and that he has had a clean driving record since reinstatement of his driving privileges on March 6, 2000. 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 January 22, 2001 and to deny the application of Bruce J. Shonka for a license to drive a taxicab within the City of Columbia Heights based on the recommendation of the Police Department. COUNCIL ACTION: license agenda TO CITY COUNCIL January 22, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *Anderson Heating & Air *Advantage Air Arrow Sign & Awning C & S Blacktopping *J. Benson Const. *Century Plumbing *Dave's Heating and Air *Delson Plumbing *Gresser Concrete *Guyers Bldrs Supply *R.A. Johnson and Son *Kevitt Excavating, Inc. *Leroy Signs, Inc. Marsh Heating & Air *K.M. Nelson Stucco *Peterson Stucco *Piperight Plumbing Roto-Rooter Services *Steve Schmit Plumbing *Security Fence & Const. *Standard Heating *T & G Drywall *Thermex Tschida Bros. Plumbing Wenzel Plumbing & Heating LICENSED AT 4347 Central Ave. 325- 130"' St. W. 13735 Aberdeen St. N.W. 14435 Northdale Blvd. 7020 Walker St. 444 Maple St. 1601 N.E. 37t" Ave. 1308 N.E. 42 ~ Ave. 1771 Yankee Doodle Rd. 13405- 15"' Ave. N. 25 Crescent St. 3335 Pennsylvania Ave. N. 6325 Welcome Ave. N. 6248 Lakeland Ave. N. 18663 Simonet Dr. 12351 Cloud Dr. 4029 Penrod Lane N.E. 14530- 27~ Ave. N. 1045 Medina Road 4831 Washington St. 410 West Lake St. 2521 E. 3'" Ave. 3529 Raleigh Ave. S. 1036 Front Ave. 1959 Shawnee Road FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE, FIRE, BLDG. SECONDHAND MERCHANT *Iris L. Walgren dlb/a Junklin Jewels 3952 Central Ave. N.E. 100.00 POLICE DEPT. TAXICAB DRIVERS *Timothy Dell Arlt *Dwight Richard Stiles *Bruce Joseph Shonka 217- 4"' Avenue S.E. 8740- 12"' Ave. S.E. 17509 London St. N.E. ***RECOMMENDED DENIAL BY POLICE DEPARTMENT, SEE ATTACHED*** 25.00 25.OO 25.00 Paqe 2 PUBLIC WORKS DEPT. TREE SERVICES `*Arbor/Design Tree Service '*Rainbow Tree Company P.O. Box 290298 2239 Edgewoed Ave. S. 50.00 50.00 license agenda COLUMBIA HEIGHTS POLICE DEPARTMENT DATE: January 19, 2001 TO: FROM: Kathy Pepin, Licensing Clerk Thomas M. Johnson, Chief of Polic~2>~ SUBJECT: TAXI LICENSE FOR BRUCE JOSEPH SHONKA The Police department has completed its background investigation of Brace Joseph Shonka, DOB 041456. During our investigation we discovered the following: DWI Convictions in 1986, 1989 and 1996. On 08/12/89 Mr. Shonka's driving privileges were Canceled by the State of Minnesota as "Inimical to public Safety" they were reinstated 03/01/95. Mr. Shonka's was again Canceled by the State of Minnesota as "Inimical to Public Safety" on 12/14/96 and was reinstated on 03/16/00. Mr. Shonka is cun'ently valid with a zero tolerance restriction on any use of drugs and/or alcohol would invalidate his license. Mr. Shonka was also charged with Fifth Degree Assault on 12/17/00 which was reduced to Disorderly Conduct on 01/08/01. As part of the disposition on this charge Mr. Shonka was required by the court to attend Anger Management Counseling. The case was continued for one year requiring no "Same or Similar" conduct during that time. It is the recommendation of the Police Department that Mr. Shonka's request for a Taxi License be denied and that after 01/01/02 Mr. Shonka be allowed to reapply and show that he has met the requirements of his court disposition and that he has had a clean driving record since being re-enstated on 03/16/00. CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us January 19, 2001 Bruce Joseph Shonka 17509 London St. N.E. Ham Lake, Mn. 55304 Dear Mr. Shonka: Your application for a license to drive a taxicab within the City of Columbia Heights during the 2001 license year has been reviewed by the Police Department. Due to your driving record and recent occurrences, your application has been recommended for denial. The City Council will act on that recommendation at their meeting scheduled for 7:00 p.m. on Monday, January 22, 2001 on the second floor of City Hall in the Council Chambers. If you have any questions regarding the findings by the Police Department, you may contact Police Chief Johnson at 763-706- 3755. If you have any questions regarding the license process, you may contact my office at 763-706-3678. Sincerely,/`,.``/ Kathryn Pepin License Clerk kp T. Johnson, Police Chief Suburban Taxi Corporation, Michelle G. Reinke, Mgr., 3315 N. 2nd St., Minneapolis, Mn. 55412 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EOUAL OPPORTUNITY EMPLOYER C:: E: N E: !:;,' A L. C:OP'JP'iLiN]:'FY DE:VE:L..C)F'ME:N'¥ J::'LiND ~:: N (::! J-.':.' A (:.': E:LI..J N ':' Y j::, f~:l F;;~.-'~ ' ..... H "i ' :: ',: .L k:. ,-J ,.' .{. ,... I... -- N I]]) 1:;..' '¥' ]"i i::' (>d:L' !<.' ',." :i: E: b,l L" :!: L.. L..."::'~ C::;'.'.'~ t:':< L.. E: '¥' iii: L.. iii: k,' ]: :S ]: (::~ N F:..'Jii:N"!"'::':'d... H(::KJ:ii:'; :i: NC: L.. ]: Y::'-' !:;,' ;'-':~ F;,' Y (:::Cfi... I"K:':;HTE; f:':'d::'"f'E:!:;,' :ii'.';(:;!"H::}E)L.. E:NF;-.':I: L..!::::C'-~<::L. L..,'::~b,I :::::::::::::::::::::::::::: i.".:L.!':: f:'.'.'F;,'~'::d'JT ..... "' ...... [','.'.",i "vii::, :, '"~, ! :7 'di::' ...J"f":::: t..d-.; r' .i ........................ 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E':: ::f.:; '::20"-'-:::::~".:,t ':.:.:' 0 .<.,h.-':: 6 ':..::' 0 ¢-'~, E~ '7 ':::;' 0 ,q. ,¢.-:: :.-':: CITY COUNCIL LETTER Meeting of January 22, 2000 SECTION: DEPARTMENT: MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY.7~/~ Rental License Revocation DATE: January 17, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Maurice Weaver regarding rental property at 3725 Main Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of January 22, 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 Mauriee Weaver Regarding Rental Property at 3725 Main Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of January 22, 2000 AGENDA SECTION: l_ _'i2, ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon Rental License Revocation DATE: January 17, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Susan Kinch regarding rental property at 1221-1223 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of January 22, 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 Kinch Regarding Rental Property at 1221-1223 Circle Terrace in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of January 22~ 2000 AGENDA ~ -C ORIGINATING CITY SECTION: DEPARTMENT: MANAGER Fire APPROVAL NO: Rental License Revocation DATE: January 17, 2000 DATE: ~ NO: The matter of the revocation of the license to operate a rental mt(s) within the City of Columbia Heights against Connie Johnson regarding rental property at 4640 & 4648 Polk Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of January 22, 2000. The public heating 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 Connie Johnson Regarding Rental Property at 4640 & 4648 Polk Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of January 22~ 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SEC TI ON: DEPARTMENT: MANAGER NO: ~ -~[~ Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon Revocation DATE: January 17, 2001 DATE: NO: 2001-O~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Greg Iteinen regarding rental property at 1020 44th Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001-O~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001- O 5~, 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 Greg I-Ieinen Regarding Rental Property at 1020 44th Avenue NE. COUNCIL ACTION: RESOLUTION 2001- 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 GREG HEINEN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1020 44TM AVENUE NE, 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 DECEMBER 7, 2000 OF A PUBLIC HEARING TO BE HELD ON JANUARY 22, 2001. 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 August 7, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted five 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 17, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that they were unable to get into the unit to recheck the five violations. Compliance orders listing the violations and a letter advising the owner to notify the tenants of the next inspection was mailed by regular mail to the owner at the property at the address listed on the Rental Housing License Application. 3. That on December 7, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that they were unable to get into the unit to recheck the five violations. Compliance orders listing the violations and a letter advising the owner to notify the tenants of the next inspection was mailed by regular mail to the owner at the property at the address listed on the Rental Housing License Application. 4. That on December 28, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that four violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation heating was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENACE CODE. B. FAILURE TO SUBMIT REINSPECTION FEES OF $200.00 6 That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heating 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 1020 44th 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 hearing, 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 1'4060 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 revoking the license as held by License Holder. PASSED THIS DAY OF , 2000 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATRICIA MUSCOVITZ DEPUTY CITY CLERK GARY L. PETERSON MAYOR City of Columbia Heights Fire Department 555 Mill Street N.E. Columbia Heights, MN 55421 [ 10000 Telephone: 763-706-3656 To~ Greg Heinen 8327 Shadyview Lane North Maple Grove, MN 55311 December 29, 2000 Re: 1020 44th Avenue STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on January 22, 2001 at 7:00pm or as soon thereal~er as the matter can be heard, by the City Council of Columbia Heights shall consider the revocation, suspension and/or other appropriate dispostion of the license to operate a rental dwelling(s) of Greg Heinen located at 1020 44th Avenue , Columbia Heights, MN 55421 STATEMENT OF CAUSE FAILURE TO CORRECT HOUSING MAINTENANCE CODE VIOLATIONS FAILURE TO SUBMIT REINSPECTION FEES As of this date, December 29, 2000 the above outlined violations have not been corrected. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or 5A or of state law, shall be prima facie showing cause for revocation, suspension or other action restricting the privileges of a licensee. A reinspection will occur on January TS, 2000 at t3:30. You or your representative (ie; tenant) should be at the reinspection. If you or your representative is not present, a reinspection fee will be assessed. PLEASE BE ON NOTICE, that on January 22, 2001 at 7:00pm or as soon thereafter as the matter can be heard, by the City Council of Columbia Heights shall hold a Public Hearing to address the issuse of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issuses. Dana Alexon Assistant Fire Chief Enforcement Officer Hearing Statement of Cause - Viol & Fees 12/29/2000 14:28 Date 12/2812000 Code Violation Details Re-Inspection Date 01/1512001 ................ -Appeals Notice ............................. When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call the City Planner and ask for information on the appeals process. For questions on the violations listed below, please call 763-706-3656. Owner did not show for the 10/17/00 reinspection, fee assessed. Owner did not show for the 12/07/00 reinspection, fee assessed. 1..Shall repair the wiring on the light in the garage, it needs a proper connection to the junction box 2..Shall replace the switch cover missing upstairs in the hallway 3..Shall replace the switch cover missing at the top of the basement stairs 4..Shall resecure the railing The above noted items are in violation of the following Housing Maintenance Code and/or Minnesota Uniform Fire Code sections: 1212812000 5A.201(1)(G) Stairways, Porches, Balconies 01/15/2001 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (g) STAIRWAYS, PORCHES and BALCONIES. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in 6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. 12/2812000 5A.203(I)(D) Electrical Service, Outlets and Fixtures 01/15/2001 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: 12/29/2o00 14:27 10000 094 comp order F~lDenotes violation corrected Date Code Violation Details Re-Inspection Date (d) ELECTRICAL SERVICE, OUTLETS and FIXTURES. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by 6.201(1). The minimum capacity of such electrical service and the minimum number of electrical outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at least the equivelant of sixty (60) ampere, three-wire electric service per dwelling unit. (ii) Each dwelling unit shall have at least one branch electrical circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of total floor area; provided, however, that one ceiling or wall-type light fixture may be substituted for one required outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. 1212812000 5A,304(2) Tenant Notice Upon the correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Maintenance Code. 1212812000 5A. 306(1) Right of Appeal 0111512001 When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a mis-statement or mistake of fact, such person may appeal as set forth in 6.202(1 ). 01115/2001 Please call 612-782-2817 for more information on the appeals process. 1212812000 5A, 307(1) Appeal Process 0111512001 Upon at least five (5) business days notice to appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sections 1201 - 1305, Uniform Housing Code, 1985 edition, International Conference of Building Officals. 12/29/20o0 14:27 10000 094 comp order F~lDenotes violation corrected Date Code Violation Details Re-Inspection Date 12128/2000 5A.404(2) Re-Inspection Fees 01/1512001 The City Council may by resolution establish a re-inspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding re-inspection fees have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding re-inspection fees, unless payment is made before the expiration of the twenty (20) day period. 12/28/2000 6.201(1) Building Code (Ord 1216, eft. 5/13/92) 01/15/2001 The current Minnesota State Building code, Chapters 1300, 1301, 1305, 1315, 1330, 1340, 1346, 1350, 1355, 1360, 1365 and 1370 as currently amended together with UBC Appendices Chapter 12, Division 2 and Chapter 55 thereof, is hereby adopted by reference together with all amendments to and supplements thereof to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said Code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Building Code. 12/29/2o00 14:27 10000 094 comp order [¢~;::lDenotes violation corrected COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ -C - ~ CITY MANAGER APPROVAL ITEM: Appoint2001 C ouncilPresident BY: P attyMuscovitz ~x~ BY: and approve 2001 Cotmcil/StaffLiaison DATE: January 18, 2001 DATE: Assignments NO: Nominations for Council President are at Council discretion. Attached is the list of 2001 Council/City Staff assignments as discussed at the January 17, 2001 City Council Work Session. MOTION: Move to apPoint , as 2001Council President. MOTION: Move to approve the established 2001 Council Staff Liaison Assignments COUNCIL ACTION: h52001 president & liaisons Commission 2001 COUNCIL/CITY STAFF ASSIGNMENTS 2001 Telecommunications Commission Human Services Commission Library Board Park & Recreation Commission Planning & Zoning Commission Traffic Commission SACC Suburban Rate Authority National League of Cities League of Minnesota Cities Association of Metropolitan Municipalities Rice Creek Watershed Advisory board North Metro Mayors Assn. North Star Corridor Joint Law Enforcement Council Heights Pride Committee Youth Initiative Commission Design Team Joint Task Force Committee Bruce Nawrocki Julienne Wyckoff Julienne Wyckoff Gary Peterson Marlaine Szurek Robert A. Williams Julienne Wyckoff Bruce Nawrocki - delegate Public Works Director - alternate Bruce Nawrocki - delegate Councilmembers - alternates Councilmembers - delegates City Manager - alternate Bruce Nawrocki - delegate City Manager- alternate Robert A. Williams Gary Peterson ~ delegate City Manager - alternate Gary Peterson Gary Peterson - delegate Chief of Police - alternate Robert A. Williams inactive Marlaine Szurek Marlaine Szurek Julienne Wyckoff CITY COUNCIL LETTER Meeting off January 22, 2001 AGENDA SECTION: Items for ORIGINATING CITY MANAGER consideration DEPARTMENT: APPROVAL ~/'C- ~ Community Development ITEM: 2001 CDBGerogramApplication. BY: Tim Johnson ~'-~ B Y:J~/~ DATE: January 9, 2001 ISSUE STATEMENT: The City Council is requested to considered potential projects to incorporate in the 2001 CDBG Program application to be submitted to Anoka County on or before January 26, 2001. BACKGROUND/ANALYSIS: For the 2001 CDBG Program Applications, Anoka County has restructured the CDBG Program in which all cities and townships will submit applications to be considered on a competitive basis versus an allocation basis. For 2001 the grant application is due to Anoka County on January 26, 2001. The City Council must approve the project incorporated in the 2001 application before submission. The total grant allocation for Anoka County in 2001 is $1,934,000. Of this amount, $1,063,700 is available for cities and townships, which is 55% of the total grant allocation. Each project submitted is limited to a maximum amount of $300,000. A meeting was held by Anoka County staff on December 14, 2000 to discuss the 2001 CDBG program and to outline the basic criteria, eligible activities, national objectives, and other information related to this program. We have attached a copy of the Powerpoint analysis summarizing this information on the CDBG program. You will note that one of three federal objectives must be met with CDBG funds including: 1) benefit to low and moderate income persons, 2) prevention or elimination of slum and blight, and 3) urgent need. Please also review the eligible activities. Anoka County will likely only fund high priority activities as listed in their Consolidated Plan Goals and Priorities (see attached). Finally, the CDBG program is governed by a number of Federal regulations including Davis-Bacon labor standards, environmental, fair housing, relocation, lead-based paint, equal opportunity, record keeping, and auditing. These regulations greatly complicate the application and implementation process and also increase overall project costs. City staff offers the following recommended option for consideration by the City Council. The EDA currently owns the properties at 3944 and 3950 Lookout Place. We are proposing to use CDBG funds to acquire the Conoco Convenience Store/Gas Station at 3955 University Avenue NE. The project application will be for the maximum $300,000 to acquire and demolish the structure and complete site restoration. This will include removal of the underground fuel tanks and performing any necessary soil corrections. The property owner is interested in selling this property. The EDA will have three lots assembled with frontage and visibility from University Avenue making the site more marketable and functional for a future commercial use. Elimination of slum and blight would be used to meet the national objectives. The EDA met on December 19, 2000, and reviewed staff's project recommendation for CDBG funding for this piece, and authorized staff to prepare the CDBG application for the acquisition of the Conoco Convenience Store/Gas Station at 3955 University Avenue NE. RECOMMENDATION: Staff recommends submitting the proposed acquisition of the Conoco Convenience Store/Gas Station site for the 2001 CDBG Program Application. RECOMMENDED MOTION: Move to authorize staff to prepare the 2001 CDBG Program Application to remove slum and blight in the amount of $300,000 for the acquisition of the Conoco Convenience Store/Gas Station at 3955 University Avenue NE; and furthermore, to submit said application to Anoka County. Attachments: CDBG Program Powerpoint headings; Anoka County Goals and Priorities Chart COUNCIL ACTION: t%: \consent Form\2001 ltr CBDG Program Application 60.0' 853 3841 3825 4034 4037 4028 4024 4025 4018 4010 4001 4006 4002 4033 4031 4025 4023 4017 4013 4009. 411 129.6' 4034 4050 4024 4018 4012 4008 423 ~ 129,6' 4Ojj 4o3~ 402? 4o21 ~501 509 64.8' 64.8' 'zt-U,; 40~: 40~ 40'. 401 40¢ 4~ 40 40TH 3891 0,0' 105.0' 70,0' 70.0' 35.0' ~0.0' 35.0' 10510' ~ ~ 432o ~ 334 344 400 418 ~ ~ 3980~ 3974 3966 SUMMIT 234.3' 3923 125,0' 3962 3952 3948 38oo 12.5,0' PL 231.1' 3800 500 39C , I Housing Goals and Priorities Chart 2001-2005 PRIORITY HOUSING NEEDS Priority Need Level (households) High, Medium, Low Income Priority Small Related 0-30% H 31-50% H 51-80% M Large Related 0-30% H 31-50% H Renter 51-80% H Elderly 0-30% H 31-50% H 51-80% L All Other 0-30% H 31-50% H 51-80% L 0-30% H Owner 31-50% M 5140% M Special Populations 0-80% H Community Development Goals and Priorities 2000-2005 PRIORITY COMI~TY DEVELOPMENT NEEDS £hborhood Facilities Parks and/or Recreation Facilities Health Facilities Parkim Facilities Solid Waste Disposal Imprgvements Asbestos Removal " Non-Residential Historic Preservation Other Public Facili~ Needs INFRASTRU~ Water/Sewer Improyerm, nts Street Improvements Sidewalks Sewer Improvements Flood Drain Improvements Other Infrastructure Needs PUBLIC SERVICE NEEDS Handicapped Services ~ortation Services Substance Abuse Services Training Health Services Other Public Service Needs ANTI-CRIME PROGRAMS Crime Awareness Other Anti-Crime l~',,o,m'ams YOUTH PROGRAMS Youth Centers Child Care Centers Youth Services Child Care Services * Other Youth Pro SENIOR PROGRAMS Senior Centers Senior Services **Other Senior Pro,rams Priority Need Level Eligh, Medium, Low H L L L L M M M M M L M L H H H H H H L L H H H H H H Community Development Goals and Priorities Page 1 ECONOMIC DEVELOPMENT Rehab; Publicly- or Privately- Owned H CI Infrastructure Development M Other Commercial/Industrial Improvements Micro-Enterprise Assistance ED Technical Assistance Other Economic Development PLANNING Planning; FI FI M L Community Development Goals and Prionties Page 2 Notes from Staff Meeting Discussing Project Options for 2001 CDBG Application Project 1: Project 2: Acquire five properties in Van Buren/Jackson Street Acquire Conoco at 40th and University Project 3' Acquire 4 houses north of ramp Project 4: Acquire multi-family building and 4 SFD on Van Buren north of Credit Union Project 5: Construct a Community Center with City/EDA lease purchase Project 6: Project 7: ..... .. Construct senior facility in a new City Hall building Acquire Big Bob' s/Mady' s Bowl Project 8: Acquire radiator shop and two SFD northwest comer of 42nld and Central Project 9: Acquire 3 houses north of Dr. Good property Project 10: Housing Rehabilitation H:\Tim\CDBG Projects 2001 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 22, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: "] - C - 3 Community Development APPROVAL ITEM: ReallocationofCommunityDevelopment BY: RandySchumacher~._ BY:~,'/~~ Block Grant Funds DATE: January 12, 2001 ISSUE STATEMENT: Based on action taken by the Columbia Heights City Council on December 11, 2000, whereby a Grant Agreement was approved for the Columbia Heights Housing Limited Partnership I in the amount of $231,000 of Community Development Block Grant Funds, the following procedures must be followed for reallocation purposes. BACKGROUND: In order to provide additional financing for the Transition Block LLC Housing Program and thereby improve and retain affordable housing, the City, agreed to grant the developer the sum of $231,000 from funds received by the United States Department of Housing and Urban Development Community Development Block Grant Program. To date, the Community Development Block Grant Livable Demonstration Account, which has been designated for the above referenced project, has a balance of $104,000. In order to meet the Columbia Heights City Council Grant Agreement requirements, $127,000 must be reallocated from the Housing Rehabilitation account and be added to the Livable Demonstration Account thus creating the required $231,000 balance. In addition, a public notice must be published offering the citizens of Columbia Heights the opportunity to make comments regarding the proposed use of the reallocated Community Development Block Grant Funds. RECOMMENDATION: Staff is recommending that in order to meet financial responsibilities outlined in the approved Housing Limited Partnership I, Agreement, the City Council should authorize the reallocation of $127,000 in Housing Rehabilitation Funds to the Livable Demonstration Account. RECOMMENDED MOTION: Move to reallocate $127,000 of Community Development Block Grant Funds from the 1998 and 1999 Housing Rehabilitation Project Numbers 855 and 955, HUD #376 and 469 to the 1999 Livable Demonstration Account, Project 929, HUD #427 thus giving that account a balance of $231,000, and furthermore, authorizing a Public Notice to be published offering the citizens of Columbia Heights the opportunity to make comments regarding the proposed use of the reallocated Community Development Block Grant Funds. Attachments COUNCIL ACTION: h:\CL consent~Reallocation of CDBG Funds c~z ._ 8 uJ 0 CITY COUNCIL LETTER Meeting off 1/22/01 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: :-~ - C-~-I PUBLIC WORKS I TEM:APPROVALOFPURCHASEAGKEEMENTFOR BY: K. Hansen ~ ~E.~/~ SINGLE FAMILY RESIDENTIAL PROPERTY AT 4542 DATE: 1/19/2001~ . WASHINGTON STREET Background: An extensive engineering study was undertaken in 1998 and completed in 1999 evaluating various locations throughout thc City with storm water problems. Thc largest study area, Jackson Pond, recommended thc most feasible alternative for three separate sites would bc thc acquisition, demolition, and site grading of three residential properties. At their September 12th, 2000 regular meeting, thc Council authorized the fn-m of Wilson Development to assist thc City with thc acquisition process. At their November 27th, 2000 regular meeting, thc Council anthorizcd Wilson Development to begin thc negotiation process for property acquisition as recommended in thc 1999 Storm Water Study. Analysis/Conclusions: Based upon an independent appraisal f'u-m, the fair market value of $104,000 was offered and through negotiation, a sum of $108,000 accepted by the owners of 4542 Washington Street and is recommended by Wilson Development Services. Anoka County has the property appraised at $80,700 for taxes payable in 2000. The comparable 'differential' was waived by the homeowners. This acquisition is not subject to closing costs as the property does not have a mortgage, but moving costs of $1,050 are estimated as an additional cost 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. It should also be noted that flooding in the alley, which impacts several garages, will also be mitigated upon completion of this work proposal. Recommended Motion: Move to authorize the Mayor and City Manager to execute the purchase agreement for the acquisition of 4542 Washington Street in the amount of $108,000 for flood mitigation purposes with funds from the City's Storm Water Utility and DNR Flood Mitigation Grant funds on a 50/50 cost share. I~:jb Attachment: Purchase Agreement for 4542 Washington Street COUNCIL ACTION: Page 1 of 6 Address: Columbia Heights, MN 554421 REAL ESTATE SALE/PURCHASE AGREEMENT THIS AGREEMENT, made as of the I0*n day of .Tanuartl., 2001, by and between I'~ i lttre~ ~], ~eh r~$ or~ , , hereinafter referred to as Seller, and the City of Columbia Heights, a municipal corporation, hereinafter referred to as Buyer. WITNESSETH: WHEREAS, Seller owns certain real estate situated at 4542 WashingtOrr,St., 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: I. Prope~,.. 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: Lot 3, Block 4, Gillettes Annex to Columbia Heights Page 2 of 6 2. Purchase Price The purchase price for the subject property shall be the sum of.O~e, Thousand and 00/100 Dollars ($ [ t~:ooo, 0/3 ) payable at closing. 3. Closin~ The closing shall be on or before .~'b~ne~ e~q or with in 30 days after all title objections have been satisfied by the Seller, if any have been made by the Buyer. 4. Possession The Seller further agrees to deliver possession no later than ,J'ct[cb 2 n~, 2001, provided that all conditions oft[ds agreement have been complied with. ,~11 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. 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: (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 fights 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) 6. Title The Seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tire, or a Registered Property Abstract certified to date to include proper searches coveting 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 at~er 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 from the purchase price at closing; (b) elect to purchase the . property 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. Special Assessments Seller shall pay on date of dosing ail installments of special assessments. Seller shall pay on date of closing all other special assessments levied as of the date of dosing. 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 dosing, 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 there is a fight of access to the property from a public right 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 property 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 right to purchase or otherwise acquire any interest in the property, and Seller is unaware of any option to purchase, right of first refusal, or other similar rights 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 dosing 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. Acceptance 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 right 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 commenced 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 Sewage Treatment System Disclosure Seller discloses that there is not an individual sewage treatment system on or serving the Property. 17. As-ls-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. Right 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, assessments, 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 Expenses All expenses of examination 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. Addendum 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: ADDENDUM A WAIVER AGREEMENT REGARDING RELOCATION BENEFITS AGREEMENT made this ID*" day of ~'~r~£t~l r ~.-~ .20D_J by and between }~'~ IA Vet~ ~', To'risen (hereinafterjoi~tly referred to as "Owner"), and the City of Columbia Heights (hereinafter referred to as "Buyer"). WHEREAS, Owner is the fee owner of cer. tain real property and improvements used for residential purposes located at qK42 {k'fl~h;t,~, eD 5~(hereinafter "subject property"), in the City of Columbia Heights, County of Anok~, State of Minnesota; and WHEREAS, Owner knows and understands certain relocation benefits are available, pursuant to Minnesota Statute No. 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Pohcies Act, 42 U.S.C. No. 4621 et seq., (hereinafter referred to as "Uniform Act") from the Buyer and/or The Columbia heights Economic Development Authority to assist in the relocation of the personal residence at the subject property, which relocation benefits are: 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 cannot 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 $16,000.00 b. Incidental closing costs N/A c. Interest rate differential N/A Waived Moving Costs To be determined- $1050 or based on estimate by a professional mover. Not Waived Total Estimated Waived Relocation Benefits: $16,000.00 WHEREAS, on ~ O~r~ ~k0, r ~ [ C~ ,20c1. I have met with a representative of Wilson Development Services, the relocation consultants for the City, and discussed the relocation benefits provided under the Uniform Act. They explained to us that we cannot be required to sell this property to the City of Columbia Heights. They also explained to me that the Buyer and/or the City of Columbia Heights will not acquire the property from me, unless I voluntarily enter into the agreement of sale and also agree to waive my relocation rights under the Uniform Act. WHEREAS, I have received and read the pamphlet "Relocation Assistance to Displaced Homeowners. (HUD-1044-CPD) NOW THEREFORE I, ~ ~'e~ ~t, ~o ~ ~ am the owner and occupant of the property at ~ Iga~hi~h~m ,~-. in Columbia Heights. I have voluntarily submitted an offer to sell this prope~ty to the Buyer. I understand the basic requirements of the Uniform Act. I know that I can not be required to sell the property to the Buyer unless given the relocation assistance required by the Uniform Act. I hereby release and waive the City of Columbia Heights from any and all claims for relocation benefits, pursuant to Minnesota statutes No. 117.50 et seq. and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. No. 4621 et seq. I-Io-ol Witness Witness CITY COUNCIL LETTER Meeting of: January_ 17, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: '~- (~ - 5 Fire ITEM: Reallocation of Funds BY: Charles Thompson BY: ~~~~'~ NO: DATE: January 11, 2001 DATE: Background: On October 20, 2000, the Linwood Fire Department requested Columbia Heights Fire to respond to and assist with a wildland fire in the Carlos Edge area. Columbia Heights responded initially with an engine company and full crew. Over the next three-day period, the Columbia Heights Fire Department sent 20 firefighters to the incident, logging over 216 man hours. The total salary cost, benefits, and fuel cost came to $2,659.44. The Fire Department submitted an invoice to the DNR as requested. The invoice total for salary, benefits, fuel, damaged equipment, and the engine at an hourly rate came to $13,414.94. The Fire Department is requesting a reallocation of $10,755.50, the total amount minus city expenditures, from fund # 101-00-34202 (2000 funds) to 2001 Fire Department Fund # 101-42200-2173, Protective Clothing and Gear (2001 Budget). Recommended motion: Move to Authorize the Mayor and City Manager to Transfer $10,755.50 from Fund # 101-00-34202 to Fire Department Fund # 10 ! -42200-2173 (2001 Budget). 01-3 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: January 17, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~-C -(o Fire ITEM: Turnout Gear Purchase BY: Charles Thompson BY NO: DATE: January 11, 2001 DATE: Background: The Fire Department budgeted the purchase of eight new sets of turnout gear for 2001. With the reallocation of funds from the Carlos Edge Fire, the Fire Department is proposing the purchase of 14 sets of turnout gear to replace the oldest sets, some of which are 1987 ERA gear and are in borderline condition. The current State Contract is held by Danko Emergency Equipment and prices are: $546.00 for a coat 370.00 for pants 10.00 for suspenders 20.00 for CHFD logo on back of coat $946.00 Total cost for 14 set of turnout gear is $13,244. Recommended motion: Move to Authorize the Mayor and City Manager to Approve the Purchase of 14 New Sets of Turnout Gear from Danko Emergency Equipment for a Total of $13,244 plus any Additional Taxes from Fire Department Fund # 101-42200-2173, Protective Clothing and Gear. 01-4 COUNCIL ACTION: NAME DATE GEAR WAS PURCHASED FULLTIME OR PAID ON CALL Labounty 1991 Paid on call Gorman 1994 Fulltime Larkin 1995 Fulltime Heinrich 1994 Fulltime Field 1994 Fulltime Gutkaes 1987 Paid on call Barsness 1986 Paid on call Reilly 1991 Paid on call Miesen 1991 Paid on call Dinkel 1991 Paid on call Linder 1987 Paid on call Alexon 1987 Paid on call Mattson 1991 Paid on call Bixler 1991 Paid on call REPLACING 1 1995 3 1994 6 1991 3 1987 · 1 1986 CITY COUNCIL LETTER MEETING OF: January. 22, 2001 AGENDA SECTION: Consent ORIGINATING DEPT: CITY MANAGER NO: -'i - C "-I FINANCE APPROVAL EFFORTS IN OPPOSITION TO WINE Phil Suckerman ~ BEING SOLD IN GROCERY STORES NO: DATE: January 19, 2001 At the work session of January 17, 2001 staffreviewed with the City Council a proposal from the Minnesota Municipal Beverage Association for funding to hire a lobbyist and provide informational media to legislators and the general public in relationship to our position on the sale of wine in grocery stores. In essence, the Minnesota Municipal Beverage Association is requesting $10,000 in additional dues from each of the metropolitan municipalities that have municipal on or off sale liquor stores. It is their intent to use this money to fund efforts to prevent the sale of wine in grocery stores. At the time of the work session only limited information was available from the association on their overall plan, budget, and anticipated revenue and expense. Additional information has been requested. At the present time it is staff's recommendation that the City Council support the efforts of the Minnesota Municipal Beverage Association and the Minnesota Licensed Beverage Association to prevent the sale of wine in grocery stores. In addition to this, under the City Charter, the City Manager has spending authority up to $3,000, which would enable the city to provide that amount in financial support without additional City Council approval. Currently there appears to be an adequate amount of money budgeted in the advertising line item for the liquor operation to cover this expenditure. Based on this, it is staff's recommendation that the City Council adopt the following motion which supports the efforts the Minnesota Municipal Beverage Association and would authorize the City Manager to spend up to $3,000 in support of the lobbying effort contingent upon receiving more information regarding revenue, expenses, budget and objectives of the Minnesota Municipal Beverage Association in opposing wine sales in grocery stores. As more information becomes available from the associations, it will be forwarded to the City Council. RECOMMENDED MOTION: Move to support the Minnesota Municipal Beverage Association and the Minnesota Licensed Beverage Association in their efforts to prevent legislation authorizing the sale of wine in grocery stores and to authorize the City Manager to expend up to $3,000 in support of defeating any proposed legislation on this item, WE:sms 0101194COUNCIL COUNCIL ACTION: MMBA Minnesota Municipal Beverage Association INCORPORATED TI'ICy OI,~TRICT 4 ~I~TtqlCT S DL~TR~CT e ~ ~r~m D~te: January 3, 2001 To: Phil Suckerman, City of Columbia Heights (SENT VIA FAX TO: 763-789-4~61 ) From: Paul Ka~otzek i~-' This memo is a follow~ to our convemation regercling the specific use of requested Columbia Heights monies to be u~ed for defeating legislatio~ that w~uld allow wine (beer, liquor) to be sold in grocery At I indicatecl, money that Columbia Heights contributes would be ulilized in ~ ways: 1) A~sist the Minnesol~ Licenled Beverage Association (MLBA) in paying the lobbying firm of Spano & Janecek Wy Spano and Sara Jane~ek are long time, highly respected lobbyists. In ack~on, they publish the Poi~Scs in Minnesota newsletter, are r~guler political panelists on the public affairs television program 4/manec and are election analysts for KSTP anti KARE 11. 2) Development of an Anti Wine in Gn:)cm'y coalition website to educate legislators, media and Ihe general public on our politione. The ~x~alition will be comprised of MMBA, MLBA, youth ~ group~ and any olher organizations willing to I g~ea#y .pl~eCial® you~ comments and our convemationa. Pleaee c~all me It 612-799-1629 if you have further question~ or I can be of Thank you again for ~ participation end ~upport!! MMBA Minnesota Municipal Beverage Association INCORPORATED An organization compoled of the municipally-operated dispent)arles of Minnesota OFFICERS PRESIDENT Mike i.arson St. Anthony Village ViCE PRESIDENT Bob Leslie Brandon SECRETARY/ TREASURER ~ ~on Herman DIRECTORS DIRECTOR-AT-LARGE Scott OI$on Park Rapids DIRECTOR-AT-LARGE Neil Wegrter Hutchinson DISTRICT 1 Mary Ehlar Spdng Grove DISTRICT 2 Ro~ Radke Tracy DISTRICT 3 gaily Larson Henlan DISTRICT 4 Dan Bahr Bemidji DISTRICT 5 Tom Byrnes Silver Bay DISTRICT 6 Sieve Grausam I=dina Mike Larson St. ~thony V'dlaOe Brenda V'~novec Lakevilfe DISTRICT 7 Bob Leske Bran~lon Paul Ka$1:~zak Executive Director Tom Ryman Box 32966 Minneaix~is. MN 55432 763-572-0~2 1-800-848-4912 Ext. 3925 Fax: 763-572-8163 Date: November 22, 2000 ~' .;:,...: To: MMBA Metro City Ai~n~ators and Liquor Managers From: Paul Kaspszak~ As you know, the Minnesota Grocers Association is actively promoting a plan to introduce legislation to allow wine to be sold in grocery stores in the seven county metro area (Anoka, Washington, Hennepin, Ramsey, Carver, Scott & Dakota). On Monday, December 4, 1:00 PM, at the Edina City Hall council chambers, 4801 West 50th Street, 952-927-8861 an MMBA meeting will be held to: · Review Minnesota Grocers Association Activities · Review MMBA & Industry Strategy & Activities to Date · Discuss Possible Strategies including: City Financial Contributions to Lobbying and Public Relations Efforts City Inter-Departmental Cooperation In-Store Marketing Activities Other The opposition has committed $200,000 toward this initiative. However, this Is a battle we can win - with your parflcipat,.ionl Please R.~.VP your attendance to: 763-572-0222 - Phone 763-572-8163 - Fax kaspszak~.uswest, net- e-mail I look forward to seeing you in Edina. F~X NO, 65177~0~00 P, U1 17:06 fiN, LIO~N$~D BBV ......... MINNESOTA GROCEP, S m' ON .............................. . .......... 533 ~.'.. Cla;z Ave. · St. Paul, MN 85102 · Teh ~51-228-0~13 . :-800-966-8352 · FAX: 651-228-194g · m;a~mngroc,re.c~~ For Immediate Release Nov~nbcr 17, 2000 / M]nn~ota C.,~e~r~ ,a~n, '~ Wine With Dinner- It's about time Minnesota grocers ~eek to a&t convani~nce for $ttopper$; sell wine tn Twin City grocery store.~ Busy grocery shoppers ia the sc~en county metro area who would like wine w~th diazmr would have olde less stop to make ~mder a proposal ~aounced today by the Minnesota Grocers A~so~a~on (MGA). The MGA is seeking legislation R~at would allow wine to be sold in groccry stores in the seven ¢oun~ metro arca. Grocery storcs in Minnesota currently are allowed to sell 3.2 beer. Displays will be. s~t up ia melro grocery stores for customers who would like to learn more about the proposal and/or offer their suppor~ Rcgula~ be~r and hard alcohol are not part of thc proposal and the same laws that cun~tly gore, am the sale of wine would cover wine sales in grocery stores. Convenience stores and gas staIions would not be able to sell wine ~der the MGA proposal. Minnesota grocers will also abidc by a self-imposed l O-Po~t Groc~ Code of Conduct to ensure wine is sold responsibly. "With lime so valuable today cansum~ w~nt Ibc nddcd convcnienc¢ ofpmv, hasi~ wine at the same place they pumhase their food," said Nancy ~ executive direct~ of thc lVlkm~sota Grocers Association. "C, onstm~rs in ~3 other states- i~]~g neighbozin~ states like Wisconsin, ~wa and South Dakota- ~re allowed to buy wine at their local groccry sto~. is time for Minneso~us to have li~e same oppommity." Under the proposed legislation, winc could be sold in ~rocery stores in thc seven county metro area. '~re know itat consumers statewid~ support this proposal, tut public support is much greater in the metro area," Cbristeas~ said. "Perhaps that is due to ha=eased stresses on time and trs~c congestion." continued - lqOV-:7-O0 FRI 17:07 MN, L1GENSED BEV. ASSO0 FAX NO, 6517720900 Wine With D~uner- page two Minnesota grocers have plexlged to adopt a z~ro tolerance policy wi~ respect to und~ age access. In response, the MGA has developed a "10 Point Grocer Code of Conduct" that include tougher standards than ,,'hat is required by state law. Key ¢Ivrac-~ts of the "1 O-Point Grocer Code of Conduct" iucludc: · Checking identkfication for ~veryone under ~0 who wants to buy wine .annual lxaiaiug will be required for employees ami manasers in any store that sells wine. · Law mforcement officers will be welcome io conduct compliance checks · There will be strict consequences for any anyone violating tmderase salcs "Grocers have sold 3.2 beer responsibly for yenrs md we have proven that we take the sale of alcohol seriously," said Christensen. "Consumers trust us. We hope they will notify their legislators and tell them that wine with dinner is a convenimace they would like to have. It just About the Minnesota Grocers Association (MGA) The MGA is a non-profit trade assooiation founded to advance the common intarests of all those involved in the food retail ixa:lustry-ntpeima~e~, m~p~'stor~, conv~imr,~ stores, food wholesal,rs, and food ra~ufacvar~ md brokm. Moro than 300 bu$in~ses repre~nting 1,200 reuil food stores az well as nearly 150 related businesses representing wholesalers, food m~nufacturers and brokers are members of the MGA. YHA NU, DbI~I~U~U Y,U~ Overview .Minnesota ~roccrs want to be able to offer everything for dinner-- including wi~e Everyone is busy tile. se days. Grocers in the Twin Cities would like to make life a linle simpler for consumers, helpina them get through the. ir ,minds more quickly. That's why the Minnesota Oroc~ Association is supporling l~gislafion that would allow wir~ sales in Twin Cities ~roccry stores. Whcth,r it is for a summer picmic or an elegant dina,r, people would bm able to purcha.~ a bottle of win~ along with ~he breads, produce, dali products and o:her food tbey neext. For consumers in a hurry, it would save stops- and time. And lime sav~I on shopping mmslates into less stress and havi~g mom time to ~mjoy life. Grocers also belt,vt that ~ needs ~ I~ consum~ responsibly. That's why Minnesout grooms support a zero-toleran~ policy oa underage sal~ ~d hav~ adopted a "lO-Point Oroccr Codc of Coaduct" that go~s beyond state law i~ regulating our rosponsibl~ sale of win~ beverage. C~'ocers will enco~ nsponsible beverage ~ by enc~ra~l~g ¢onsux~ioa ~h food. WLne sal~ at ~ swres would also be subj~:t to the sa~ tough laws th~ apply ~o existing wine sales. Her~ is what is b~ing pwpos~d: What: Where: Tole, am lvIim~ota would join iB other sm~s gust c'uzr~tly allow win, ~ in ~roc~y stores, including WiscOnsin, Nebraska, ~wa and South Dakota. Grocery slores would ~ soil r~ular ~ or hard liquor. Customers want more o~mvenie, n~. Thcy'r~ buying more tazpa~ food at deli country, bags oi' pro-wasb~ ~ grins from the produce s~ion ·nd alrcady-~t~ ch~ from ~e dairy cue, Similarly. thcy want to avoid h~ving to mak~ two stops - ~t a grocery store ~nd a liquor store- when they want to have.wine with their dinn~'. Winc ~ woald be limi.t_tyl to ~l'y gaffes ill ibc '7-col~ty ~ C~iti~s area. autho~8 wine i~ grocery stores. If it be. com~ mw, coz~.ume, rs coma be~in buying wiae i~ ~ocery stores ~ in 2001. Ple. as¢ visit our w~b sim, ~ww_. __w. Winewi~d'_mn~ _.!mt, or at 1-86~-wl~ym (1-806-946-3P37). COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES OF DECEMBER 11, 2000 CALL TO ORDER - The Special Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:45 p.m., Monday, December 11, 2000, in Conference Room 1, City Hall, 590 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Late: Staff Present: Robert Ruettimana, Patricia Jindra, Marlaine Szurek, Gary Peterson, lulienne Wyckoff, Don Jolly and John Hunter Marlaine Szm'ek '. Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Randy Schumacher, Community Development Assistant Shirley Barnes, CEO, Crest View Corporation. ADDITIONS/DELETIONS TO MEETING AGENDA - NONE. REPORT OF ~ MANAGEMENT COMPANY - Shirley Barnes, CEO, Crest View Corporation. Shirley Barnes presented the report in the absence of Anita Kottsick. She did not go over all of the details from Anita's report but touched on the most important areas. She stated that there are some heating zone belts that were scheduled for repair on the 6~ of the month, and had to be moved out to the 12~ of December. The units involved currently have sufficient heat even without these parts, so she felt this was not a health and safety issue. She reported on a concern with unit 106. The resident has died and the family has sent management a notice to vacate the unit. That tenant had resided ia that unit since 1978 and at that time other apartments were converted to handicapped units. The tenant at that time chose not to have her aparmaent converted. Also unit 103 has not been changed to handicapped accessible. Shirley felt that this would be a good time to bring both units up to handicapped standards. This would consist of new cabinets in the kitchen, the bathroom would have a new shower, (currently it is a tub with a step in shower), new carpet for the living room and bedroom, new vinyl in the kitchen area and entry way, electrical work to upgrade outlets, adding lighting to the unit, adding new appliances, and adapting the closet shelving. Bill Gault is working on getting quotes for all of this work. Bill's is estimating between $8 and $10,000. In closing, Shirley commented that the Parkview Villa residents Christmas Party went very well. In discussion, Hunter questioned where the funds to fix up Unit 106 would come from? Mr. Anderson reported that we would possibly use Capital Grant funds. Ruettimana asked that Shirley get separate estimates for both unit 106 and 103. Mr. Hunter questioned if we had to have a certain number of handicapped units in the apartment complex? Mr. Anderson responded that he did not believe that there was any designation. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA - NONE. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS. President Ruettimann introduced Bruce Nawrocki and Bobby Williams as thc newly elected Councilmembers. PUBLIC HEARINGS 1) Consider Sale of 4150 Central Avenue N.E. to Columbia Heights Transition Block, LLC -Ken Anderson. The Public Hearing was opened by President Ruettimann and Ken Anderson gave the explanation of the sale. The property at 4150 Central Avenue N.E. is located in the Transition Block Redevelopment area of Columbia Heights. This property is needed to provide space for the 50 unit senior assisted living facility to be built as part of the Transition Block Development. Staff is asking the EDA to approve the motion to sell the property to the Columbia Heights Transition Block, LLC for development of the senior assisted living facility. Mr. Nawrocki and Mr. Williams were updated as to the status of the project by Ken Anderson and Dan Economic Development Authority Minutes December 11, 2000 Page 2 Greensweig. Mr. Ruettimann asked if the approvals have gone to all of the associated departments for approval. Mr. Anderson stated that the contracts have all been discussed and approved by the appropriate departments and commissions. Mr. Greensweig commented that there were a couple of things to keep in mind. 1) The EDA retains the fight to take the property back if the development isn't completed in accordance with the terms of the agreement, and 2) there is a time frame in which the development has to be performed. Therefore, he recommended that the EDA approve the agreement. MOTION by Pat $indra, seconded by Marlaine Szurek, to close the public hearing. All Ayes. MOTION CARRIED. MOTION by John Hunter, seconded by Marlalne Szurek, to approve the private negotiated sale of property at 4150 Central Avenue N.E., PIN 35-30-24-14-0092 to the Columbia Heights Transition Block, LLC as it is in the public interest to 1) eliminate blight, 2) provide adequate, safe, and sanitary dwellings for seniors needing services, and 3) the proposed plans have been approved and are ia accord with the economic development policies of the City; said approval is subject to complying with all terms in the Purchase and Redevelopment Agreement; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All Ayes. MOTION CARRIED. ITEMS FOR CONSIDERATION A. Other Resolutions. 1) Resolution 2000-19, Resolution Approving Contract for Private Redevelopment and Issuance of $175,100 Note. - Ken Anderson. Anderson stated that this Resolution would approve the contract for private redevelopment and the issuance of a $175, I00 note issued by the EDA to the developer for the pay-as-you-go tax increment £mancing principal amount that would be made available to the developer over a 20 year term for the 22 unit affordable rental units of this project. The contract was drawn out by our legal counsel, Dan Greensweig and because it was very lengthy Mr. Anderson did not go over the entire contract but rather, offered to answer any questions in its regards. In discussion, Ruettim_anu questioned underwriting the document. He felt that it should be stated in the Contract that there is no obligation to the EDA. Mr. Greensweig confu'med that he did a review of the contract and he felt that even though the contract isn't worded exactly that way, the EDA legally isn't obligated to go through with the project. Nawrocki asked who is going to come up with a check for the $175,1007 Anderson explained that the Developer will be responsible for the upfront f'mancing in the form of a note and is in a contract that obligates the EDA to pay the developer back the principal amount with interest at 9.5%. Nawrocki then questioned how the 9.5% interest rate was determined? Ken explained that the rate will vary somewhat and that this is what the projected market rate is as of today. Nawrocki brought up that on page 10, Article 4.1, Construction of Minimal Improvements, it states that the Developer will construct the minimum improvements of the property in accordance with the Construction Plans. With that statement he could see what the developer will get out of the development, but he did not see what the City will get out of having affordable housing and he wanted to know what amount the units would be rented out for. Ruettimann explained that the EDA will not get anythiag as far as a dollar amount out of the townhomes. Keith Jans explained that he has submitted complete drawings and plans for approval, to HUD. Thus, the affordable units will be available ia the three MHOP areas at 30% of the median or $260/month for a 2,3 or 4 bedroom unit. The other units will be $655/month for a 2bedroom, $755/month for a 3 bedroom, and Economic Development Authority Minutes December 11, 2000 Page 3 $830/month for a 4 bedroom, single family townhome. Nawrocki questioned why these amounts were not listed in the Contracts? Ken stated that they were listed as approximate amounts in the Preliminary Agreement approved by the EDA back in August or September. Nawrocki was concerned that the residents of Columbia Heights would have to pay higher taxes due to schooling for the children in the new development area. Ruettimann stated that the last he had heard from our school system is that the City was loosing money because we didn't have enough kids. Therefore, he felt that it would be a good idea bringing more kids into our schools. Walt stated that the last he had heard from the school district they were receiving approximately $7,000 per student in state aid. MOTION by Don Jolly, seconded by Marlaine Szurek to/vaive the reading of Resolution 2000-19, there being ample copies available to the Public. In further discussion, Mr. Peterson suggested that the motion be amended to read not to exceed $175,000. MOTION by Don Iolly, seconded by Marlaine Szurek, to approve EDA Resolution 2000-19, being a Resolution Approving Contract for Private Redevelopment and Awarding the Sale of, and Providing the Form, Terms, Covenants, and directions for the Issuance of its Taxable Tax Increment Revenue notes, Series 2000, in an amount not to exceed $175,000; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. One Nay and the rest were all Ayes. MOTION CARRIED. 2) Resolution 2000-20, Resolution Approving Contract for Private Development and Izsuance of $780,000 Note - Ken Anderson. Mr. Anderson explained that this Resolution is to approve the contract for private development and awarding the sale of, providing the form, terms, covenants, and direction for the issuance of its $780,000 Taxable Tax Increment Revenue Note, series 2000, for the construction of a 50 unit senior assisted living facility. The developer is the Columbia Heights Transition Block, LLC, which will develop the site and assign its authority and responsibility to an entity to be created and operated by Crest View Corporation. The note will be for 20 years and extend between 2003 and 2023 and will allow tax increment to be generated between those years. The interest rate is 11% versus the 9.5% for the affordable housing. This is due in pan because the senior Assisted living facility will be a 20 year term versus 17 years for the affordable rental tow~omes. Therefore, there will be a higher tax value and more increment will be generated from this project. In discussion, Nawrocki wanted it explained to him about how the Bond Issues will be distributed for both of the development facilities. Dan Greensweig explained that only one bond will be issued for the senior affordable housing units. He explained that we are dealing with 3 different entities: 1) $6,000,000 bond issue that will be FHA Insured for the senior assisted living facility, 2) $780,000 Pay-as-you-go note for the senior assisted living facility, and 3) $175,000 note for the affordable rental facility. MOTION by Gary Peterson, seconded by John Hunter, to waive the reading of Resolution 2000-20, there being ample copies available to the public. All Ayes. MOTION CARRIED. MOTION by Gary Peterson, seconded by John Hunter, to Approve Resolution 2000-20, being a Resolution Approving the Contract for Private Development and Awarding the Sale of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of its Taxable Tax Increment Revenue Notes, Series 2000, not to exceed $780,000. One Nay and the rest were Ayes. MOTION CARRIED. B. Bid Considerations 1) Approval of Proposal for Parkview Villa Software and Hardware Package - Randy Schumacher. President Ruettimann explained that Randy and City staff has been worked diligently in investigating all aspects of this software and hardware package. He felt that this is a necessary asset to our Parkview Villa Economic Development Authority Minutes December 11, 2000 Page 4 Administrators job and that the EDA Board should feel confident in approving this proposal. In discussion, Nawrocki asked what was the total cost of the package and how rn~ny quotes were received? Mr. Schumacher explained that there was only one quote received by staff due to the fact that this is a unique program that will meet the requirements that HUD asks of our Public Housing Administrator. The quote for the Software was $23,309 and a total of $4,100 for the hardware. Randy stated that the most important issue of this proposal is that City staff has been doing some of the paperwork that the City pays Crest View Management to do because they have not had the proper software and hardware to administer the program~. MOTION by Julienne Wyckoff, seconded by Pat $indra,. to award the contract/proposal for software, installation, support and training to HAB, Inc. based on their bid dated 12-1-2000 and to authorize the acquisition of all necessary hardware per the I.S. Directors letter of 12-7-2000 with all expenditures to be funded from the operating reserve account; and furthermore, to authorize the President and Executive Director to enter an agreement for the same. All Ayes. MOTION CARRIED. C. Other Business 1) Center for Energy and Environment Contract Renewal - Ken Anderson. Ruettimann explained that this is an Anoka County program that administers the loan process for cities in Anoka County. The EDA is renewing the contract with them. We pay approximately $875 to CEE for each grant/loan that they process for us. MOTION by Gary Peterson, seconded by Marlaine Szurek, to approve the Agreement for Administrative Services Between the Center for Energy and Envkoament and the Columbia Heights EDA (2000 CDBG and Home Improvement Program) based upon their proposal renewal dated December 11, 2000; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All Ayes. MOTION CARRIED. 2) Master Redevelopment Plan for Downtown Columbia Heights - Walt Fehst. This is an informational piece stating that the EDA agrees with the City Council to use the "Town Square Concept' for the Master Redevelopment Plan Booklet for Downtown Columbia Heights. President Ruettimaun expressed that we are not approving any part of the redevelopment but merely stating that we use this name for that area of Columbia Heights redevelopment. MOTION by Bob Ruettin~ann, seconded by John Hunter, to accept the Town Square Concept of the Columbia Heights Downtown Master Plan to guide future redevelopment efforts with the goals of creating a positive identity for downtown Columbia Heights, strengthen ties among nearby neighborhoods, and to attract appropriate new business opportunities. All Ayes. MOTION CARRIED. ADMINISTRATIVE REPORTS A. Report of the Deputy Executive Director -NONE. B. Report Of the Executive Director -NONE. C. Committee/Other Reports-NONE. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, January 16, 2000 in Community Room B at Parkview Villa. Economic Development Authority Minutes December 11, 2000 Page 5 ADJOURNMENT MOTION by Gary L. Peterson, seconded by Pat Jindra, to adjourn the meeting at 6:30 p.m. MOTION CARRIED. Respectfully subnfiited, Cheryl Bakken Recprding Secretary H:\EDAminutes\12-11-2000Special Meeting. All ayes. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF DECEMBER 19, 2000 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:11 p.m., Tuesday, December 19, 2000, at Jax's Restaurant, 1928 University Avenue N.E., Minneapolis, Minnesota held before the Holiday Dinner. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Don Jolly, Gary Peterson, Julienne Wyckoff, and John Hunter Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Randy Schumacher, Cqmmunity Development Assistant CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of November 14, 2000 MOTION by Marlaine Szurek, seconded by Pat $indra, to adopt the minutes of the November 14, 2000 regular meeting as presented in writing. Ail Ayes. MOTION CARRIED. 2) Financial Report and Payment of Bills a. Financial Statement - November, 2000 b. Payment of Bills - November, 2000 MOTION by Marlaine Szurek, seconded by Pat Jindra, to approve Resolution 2000-21, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for November, 2000 and approving payment of bills for November, 2000. All Ayes. MOTION CARRIED. RECOGNITION, pROCLAMATIONS, PRESENTATIONS, GUESTS. A. Presentation - Cher Bakken, Community Development Secretary. Chef presented each of the EDA Commissioners with a Certificate of Appreciation from the Community Development staff for their time and service on the EDA Board this year. She stated that it was a pleasure working with them this past year. President, Ruettimaun reiterated that it was also a pleasure working with the EDA Staff. ITEMS FOR CONSIDERATION B. Other Resolutions - None. C. Bid Considerations - None. D. Other Business 1) CDBG Application for Year 2001 - Ken Anderson. The 2001 CDBG Program.application is to be submitted to Anoka County on or before January 26, 2001. Anoka County has restructured the CDBG Program ia which all cities and townships submit applications to be considered on a competitive basis. The City Council must also approve the projects incorporated in the 2001 .application. The total grant allocation for Anoka County in 2001 is $1,934,000 and of that amount $1,063,700 is available for cities and townships. Federal objectives must be met with CDBG funds including: 1) benefit to Iow to moderate-income persons, 2) prevention or elimination of slums and blight, and 3) urgent need. Staff is proposing the we use CDBG funds to acquire the Conoco Convenience Store/Gas Station at 3955 Lookout Place for the maximum $300,000 to acquire and demolish the structure and complete site restoration. This will include removal of the underground fuel tanks and performing any necessary soil corrections. MOTION by Don Jolly, seconded by John Hunter, to authorize staff to pursue preparation of the 2001 CDBG Program Application for the acquisition of the Conoco Convenience Store/Gas Station at 3955 Lookout Place; and furthermore, to submit said application to the City Council for consideration on or before January 22, 2001. All Ayes. MOTION CARRIED. 2) Approve Application C1998-06, CDBG Housing Rehabilitation Program - Ken Anderson. Mr. Anderson indicated that this was a Deferred Grant/Loan application prepared by Community Revitalization Resources that is ready to be forwarded to Anoka County subject to Board approval and authorization of funding. MOTION by John Hunter, seconded by Don Jolly, to approve the CDBG Housing Rehabilitation Deferred Grant/Loan application for Grant #C1998-06 ia the amount of $11;463 for housing rehabilitation to B & B Roof'mg and Window Lite, and the Center for Energy and Environmem subject to meeting all program requirements; and furthermore, to direct staff to submit the loan application to Anoka County and to authorize all related expenses to be reimbursed from Fund 202-46350-~600/3050. ADMINISTRATIVE REPORTS Report of the Deputy Executive Director - NONE. Report of the Executive Director - NONE. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, January 16, 2000 in Community Room B at Parkview Villa. MOTION by John Hunter, seconded by Don Jolly, to adjourn the meeting at 6:26 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Cheryl Bakken Recording Secretary H:\EDAminutes\ CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES January 9, 2001 MEMBERS Tom Ramsdell, Chair Donna $chmitt Ted Yahle Stephan Johnson Tammera Ericson The January 9, 2001 Planning and Zoning Commission meeting was called to order at 8:00 p.m. by Chairperson Ramsdell. Members present were Ericson, Yehle, and Ramsdell. Commissioners Johnson and Schmitt arrived at 7:00 p.m. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). Building Official, Mol Collova was present [or a portion of the meeting. Commissioner Ericson stated that she had some changes to the minutes. First of all, Commissioner Ramsdell was not in attendance and the record should reflect that Commissioner Yehle chaired the meeting. Additionally, she wanted her objection noted in the record to the change proposed for Page 6-4, Section 9.603(1)(n) which is proposed to read "any accessory btfitding structure capable of storing one (1) or more motorized vehicles shall be provided with a hard-surfaced access driveway, no less than twelve (12) feet in width, to an adjacent public street or alley, and shall be no less than 400 scl~ar~ f~t in ar~a 20'x20' in size". It was her opinion that the change would put too many garages into non-conformance. In addition, the change proposed to Section 9.604(2)(a) on Page 6-9 in the last sentence should have the word "to" added before 960 and the word "if" rather than "of" after square feet so the amendment would read "One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may he reduced to 960 square feet if the lot size is 6,500 square feet or less". MOTION by Yehle, seconded by Ericson, to approve the minutes from the meeting of December 5,2000 as presented in writing with the addressed changes. Voice Vote: All Ayes. Motion passed. Commissioner Ramsdell stated that it was mandatory that a new chair be elected by the Commission at this time for the year 2001. Commissioner Yehle made a motion to nominate Commissioner Ramsdell for Chair of the Planning and Zoning Commission for the year 2001, seconded by Ericson. Voice Vote: All Ayes. Motion passed. City Planner, Tim Johnson, informed the Commission that there is a lot of proposed Zoning Ordinance still to be reviewed before a public hearing can be held and the document forwarded to tho City Council. Discussion was held regarding additional work sessions. Work sessions will be held on Tuesday, January 23 and Tuesday, January 30 in the City Hall Conference Room #1 at 5:00 p.m. There was not any new business for action at this meeting. Planner Johnson asked the Commission to again review Section 9.611(3) on Page 6-18. He called their attention to the fact that this section was decreasing the amount of illumination/glare to one-half foot-candle from the three foot candle that is current. Questions were raised as to how a foot-candle is measured and how much light is a foot candle? The Commission directed Planner Johnson to research these concerns and to find out what type of device is used to measure foot candles and how to purchase or obtain if needed. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICEB EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JANUARY 9, 2001 Page 2 The Commission proceeded with the continued review of the proposed Zoning Ordinance changes starting with Section 9.612 on Page 6-18. The recommended changes are as follows: Page 6-20, Section 9.612(7)(a)" Size of Parking Spaces: Each parking space shall be not less than nine (9) feet wide and ei§~,tee~ {] ~,} fe~t twenty (20} feet in length, exclusive of an adequately designed system of access drives andcurbed overhangs .... " Page 6-21, Section 9.612(7)(e)"Curbing. Except for one-, two-, three- and four-family residential uses, all off- street parking areas, all driveways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be located..." Page 6-22, Section 9.612{7){I)"Maintenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement shall be maintained in good condition. In winter months, required parking areas of commercial businesses shall be cleared of snow. ,v,,,,,,, ~_., ,,v,,o ,,, ,,,= ,,,,, ~f o,,y ~,,,vv,,,, ..v,,,L. Landsca ng, lighting, fencing or other features installed in conjunction with parking areas shall also be maintained and kept in good condition at all times". Page 6-23, Section 9.612{10) Off-street Parking Requirements. Under residential uses for single-family, two- family, townhome, multiple-family for minimum enclosed parking spaces required shall read o~ two must be enclosed (garage). Under School, Elementary/Jr. High, Ten {10) seats plus one (1) per classroom. Under School, Senior High, Ten (10) plus one {1) per every six (6) -7 students. Under Day Care Center, 1 per every -2 1 employees, plus 1 drop off space for every 5 enrollees. Page 6-26, Section 9.612(11), under stacking requirements for Automobile Washing Facility- Automatic, change minimum stacking spaces: "4 6 spaces per bay at entrance, 1 space per bay at exit". Page 6-27, Section 9.613(3)(d): last sentence should read "No less than 25% or the required number of trees shall be over-story deciduous trees and no less than 25% ~f shall be coniferous". Page 6-28, 9.613(4){c) under Landscaping Requirements: "A minimum of two-{~ four {4) trees shall be planted for every one acre of lot area covered by buildings, parking areas, loading areas, exterior storage areas and other impervious surfaces". Page 6-28, 9.613(4)(d)"" r °il~lllt.J~.,Ulilallllllu or r~or~ pa, r.,,,~l .I.°-.o 0,,.,, ,,or. Parking areas shall have a minimum of 100 square feet of Jan°scape island area wit,~ and one over-story tree for each 20 spaces or fraction thereof .... " Page 6-29, Section 9.613(6)(b) "A letter of credit Jr ot,'~er f~r,,-~ of g~ar,~nt~ shall be deposited with the Zoning Administrator, in an amount equal to one and one-half (1.§) times the estimated cost of landscaping and/or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons. A portion of the b~,~, letter of credit may be released PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JANUARY 9, 2001 Page 3 after one growing season as determined by the Zoning Administrator". Page 6-30, Section 9.614(2) Design Review Required. This section was discussed and the City Planner was directed to research what other cities use to require a portion of all new structures to have brick/masonry embellishments. Page 6-30, Section 9.614(3) shall have an additional section added: (d) "All structures over 120 square feet shall have full perimeter footings". Page 6-34, Section 9.616(5)(c) "Political signs regulated per State Statute." in resld, e,~tie] arees r, ot to exceed =I~JlIL lUI C)ttU(]lO IGOL IJC;I $~F[~C~, allU IIIIIILCU ~0 LVVU I~l OUl lauoo, ~IUVIUOU LIlOy alo U:~p:ay~u ::UL ~OF~ Lllall LIIII Cy I0~1 uayo ~IIUI LU Oil GIGbLIUII UI I~l~l~llUUlll allu IIUL IIIUI~ LIIOli O~VGll IlI uay~ iuiiuVVlll~ ~alu ~I~bLIUII UI IUI~I~IIUUIII Page 6-35, Section 9.616(5)(i) delete Incidental signs. Change sequence of remaining sections. Page 6-36, Section 9.616(5)(n) should read "Time and temperature signs not to exceed twenty (20) square feet per sign and one sign per side of building". Page 6-36, Section 9.616(6) Prohibited Signs: the Commission discussed h and i and how to write language to allow these types of signs for historic restoration/preservation. They directed Planner Johnson to research the Comprehensive Plan to see if there would be some language there that could be used. Page 6-36, Section 9.616(6)(i) change to read "A projecting sign which either extends more than eighteen (18) inches from the building or structure to which it is attached, ot,her t,%,~ ce,~opy or ,,-,erquee siOns, or which is larger than three (3) feet in vertical height, other than canopy or marquee signs". Planner Johnson informed the Commission that Staff, in their review of these sections, felt portable signs should be included under prohibited signs in order to clean up our commercial areas. This type of sign is becoming very unsightly in many cases and staff is having trouble with the businesses in obtaining permits, removing the signs at the end of the permitted time periods and also in the placement of these signs. Staff felt only banners should be allowed and placed only directly on the building and not on any freestanding signs. The permit process as it currently stands should be eliminated as staff does not have the time to enforce. Planner Johnson stated there are only perhaps ten businesses at the most who use the permit system or abuse it. Discussion will continue at the next meeting with Page 6-36 and Section 9.616(6) Prohibited Signs. Respect f u~submitt ed/~ , Secretary to the Planning and Zoning Commission kp