HomeMy WebLinkAboutFebruary 9, 2009 RegularCITY OF COLUMBIA HEIGHTS Mavor
Garv L. Peterson
590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763}706-3600 TDD (763) 706-3692 Councilmembers
VuiPourwebsiteat: wavw.el.columbia-he~hts.mn.us Robert A. N'illinms
Bruce Naivrocki
Tammera Diehm
Bruce Ke!_enberg
City Manager
Welter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, February 09, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E.,
Columbia Heights, MN.
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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastoral Intern Angelie Ryah-Dahn, Church of All Nations
2. PLEDGE OF ALLEGL~l~TCE
3. 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 a$er the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNTTION, ANNOUNCEMENTS, GUESTS
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part ofthe
Consent Agenda by onerhntinn, Ttern~ rer1nn~terl frnln rnncent agenda approval will he taken up as
the next order of business.)
A. Approve minutes of the January 26 2009 City Council meeting. p4
MOTION: Move to approve the minutes of the January 26, 2009 City Council meeting.
B, Accept minutes of the Columbia Heights Boards and Commissions
MOTION: Move to accept the September 23, 2008 minutes of the Economic Development p15
Authority meeting.
MOTION: Move to accept the October 28, 2008 minutes of the Housing and Redevelopment pas
Authority meeting.
MOTION: Move to accept the December 8, 2008 minutes of the Special Economic Development
Authority meeting, p33
MOTION: Move to accept the June 2, 2008 minutes ofthe Traffic Commission meeting. pas
C, Establish the Local Board of Review meeting date for Monday, Apri16, 2009. pia
MOTION: Move to establish the Local Board of Review meeting date for Monday, April 6,
2009, at 6:00 p.m. in the City Council Chambers.
De Adopt Resolution 2009-25 beinl? a Resolution accepting the Feasibility Report for Zone 4 Allev
Reconstruction and ordering the Public Improvement Hearing, Cit~Project No. 0902 p39
City CounciC Agenda
Monday, February 09, 2009
Page 2 of 3
MOTION: Move to waive the reading of Resolution 2009-25, there being ample copies
available for the public.
MOTION: Move to adopt Resolution No. 2009-25, which accepts the Feasibility Report for
Zone 4 Alley Reconstruction, City Project No. 0902, and calling for the Public Improvement
Hearing beginning at 6:30 p.m. on March 2, 2009.
E. Adopt Resolution 2009-23 Second Amendment to Amended and Restated Contract for Private
Redevelopment- Huset Park p48
MOTION: Move to waive the reading of Resolution 2009-23, there being an ample amount of
copies available to the public.
MOTION: Move to adopt Resolution 2009-23, a Resolution approving a Second Amendment to
Amended and Restated Contract for Private Redevelopment between the Columbia Heights
Economic Development Authority, the City of Columbia Heights and Huset Park Development
Corporation; and furthermore, to the authorize the Mayor and City Manager to enter into an
agreement for the same.
F. Approve Orders Declaring Property at 4039 5th Street a Hazardous Building ps'
MOTION: Move to approve orders declaring the property at 4039 5th Street a hazardous
building.
G. Approve reissue of license to operate a rental units) within the City of Columbia Hei htg s for
Perry Avenue Partnership, LLC located at 3923 Main Street N.E. p68
MOTION: Move to issue arental-housing license to Perry Avenue Partnership, LLC to operate
the rental property located at 3923 Main Street N.E. in that the provisions of the residential
maintenance code have been complied with.
H. Approve Business License Applications p69
IVT(ITiQN: lVlnye to approve the items as listed on the business license agenda for February 9,
2009 as presented.
I. Approve payment of the hilts. p71
MOTION: Move to approve the payment of the bills out of the proper fund as listed in the
attached register covering Check Number 129045 through Check Number 129227 in the amount
of $2,827,045.46.
MOTION: Move to approve the Consent Agenda items.
~. PlIT)~LIC I~EARIlYGS
A. Public Hearing -Cable Rates and adopt Reso ut_ion No. 2009-OS being an Order regarding the
maximum permitted basic programming service rate and 2009-06 being an Order re~ardina the
maximum permitted equipment and installation rates. p80
MOTION: Move to waive the reading of Resolution 2009-05, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2009-05, being an Order regarding the maximum
permitted basic programming service rate set forth in the Federal Communications Commission
Form 1240 filed by Comcast on or about March 1, 2008.
City Council Agenda
Monday, February 09, 2009
Page 3 of 3
MOTION: Move to waive the reading of Resolution 2009-06, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2009-06, being an Order regarding the maximum.
permitted equipment and installation rates set forth in the Federal Communications Commission
Form 1205 filed by Comcast on or about March 1, 2008.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
Adopt Resolution 2009-24 being a Resolution reducing the Adopted 2009 Budget in anticipation
of Local Government Aid reductions pas
MOTION: Move to waive the reading of Resolution 2009-24 there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2009-24 being a Resolution reducing the adopted 2009
budget in anticipation of local government aid reductions.
B. Bid Considerations -none
C. Other Business
Adopt Resolution 2009-26 being a resolution to accept certain donations.
MOTION: Move to waive the reading of Resolution 2009-26 there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2009-26 being a resolution to accept certain donations by
the City of Columbia Heights. (This Resolution will be available as a hand-out at the meeting).
8. ADMIlVISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JANUARY 26, 2009
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
January 26, 2009 in the City Council Chambers, City Hali, 590 40th Avenue N.E., Columbia Heights,
MN. (Resolutions may be found at the end of this docatment).
CALL TO ORDER/ROLL CALL/INVOCATION
Rev. Dan Thompson, Columbia Heights Assembly of God, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed Resolution 2009-18, license revocation for 4156 St" Street, as the property
has been brought into compliance.
Nawrocki requested to discuss snow removal on the bridge at 49t" and Central, budget discussions,
Board of Review date, and requested the agenda items for the February 2, 2009 work session.
PROCLAMATIONS. PRESENTATIONS, RECOGNITION, ANNOI7NCEMEN~'Sq_GJESTS
A. Charter Commission recognition -Robert Buboltz
Mayor Peterson presented Mr. Buboltz with a certificate and pen/pencil set and thanked him for
his service on the Charter Commission. Mr. Buboltz thanked the Mayor and Council and stated
that he learned a lot being on this commission. He also stated that there are openings on this
commission and indicated that it is a worthwhile endeavor.
Nawrocki stated that this time of year there are Board and Commission openings and terms that
are expiring. We should tell the public how to apply. On Saturday, February T" the i,ions will
hold their annual Sweetheart dance at Murzyn Hall. Our Congressman Keith Ellison is holding a
public meeting on January 29'" in Fridley at the Community Center. The Manager informed him
that at the last meeting when discussing inadequacies, he stated an explicative that he has not
heard. He apologized for that, but would not apologize for the topic discussed.
CONSENT AGENDA
Nawrocki requested to remove items F, G, and H.
City Manager Walt Fehst took Councilmembers through the Consent Agenda items.
A. Approve minutes of the January 12, 2009 City Council meeting_
Motion to approve the minutes of the January 12, 2009 City Council meeting.
B, Accept minutes of the Columbia Heights Boards and Commissions
Motion to accept the January 15, 2009 minutes of the Telecommunications Commission.
Nawrocki stated he had a call regarding the Telecommunication Commission meeting agendas
and minutes not being on the City's web site.
C. Appoint Commissioners to the Economic Development Authority (EDA) and. the Housing and
Redevelopment Authorit (~ HRA~
City Council. Minutes
Monday, January 26, 2009
Page 2 of 1 l
Motion to approve the Mayor's appointment of Williams, Nawrocki, and Peterson to the vacant
HRA positions.
Motion to approve the Mayor's appointment of Williams, Nawrocki, and Peterson to the vacant
EDA positions.
D. Approve appointment of the Mayor and Cit~ager to the Columbia Heights Volunteer
Firefighters Relief Association Board of Trustees for 2009
Fehst stated that this is an annual appointment.
Motion to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters
Relief Association Board of Trustees for 2009.
E. Approve transfer of funds from General Fund to Police Department Budget to reimburse
overtime fund re ag rding Unique Thrift.
Motion to transfer $525.60 received from Apogee Retail for Unique Thrift Stores from the
General Fund to the Police Department 2008 Budget under line #1020, Police Overtime.
F. Authorize purchase of three replacement Police vehicles -removed.
G. Unit #19 - GMC Top Kick Single Axle Dump Truck and Attachments from the State of
Minnesota Purchasing Contract -removed
H. Authorize the Capital Equipment Replacement of Unit #204 Ford F-250, 4X2, 3/4 Ton Pickup
Truck equipped with Power Life date from the State of Minnesota Purchasing Contract -
removed
I. Approval of the reissuance of the license to operate a rental unit(s) within the City of Columbia
Heights at 1162-64 Cheery Lane N.E.
Motion to issue arental-housing license to Katherine Crosby to operate the rental property
located at 1162-64 Cheery Lane N.E. in that the provisions of the property maintenance code
have been complied with.
J. Approval of the attached list of rental housing license applications, in that they have met the
requirements of the Property Maintenance Code.
Motion to approve the items listed for rental housing license applications for January 26, 2009.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 26, 2009 as
presented.
L. Approve payment of the bills.
Motion to approve the payment of the bills out of the proper fund as listed in the attached
register covering Check Number 128861 through Check Number 129044 in the amount of
$1,492,710.97.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception
of items F, G, and H. Upon vote; All ayes, Motion carried.
City Council Minutes
Monday, January 26, 2009
Page 3 of 11
F. Authorize purchase of three replacement Police vehicles
Nawrocki questioned why we would make these purchases before we know the final result of State
aid cutbacks. Fehst stated that the current Public Works vehicle is 18 years old and funds are
available in the equipment replacement fund. We are attempting to find at least $700,000 in budget
cuts, but we must continue to operate. The 3/4 ton pickup is a 13 year old vehicle and the three police
vehicles include an "off of the lot" unmarked vehicle to save a substantial amount of money. We
attempt to replace a couple of police vehicles a year. Nawrocki commended the Police Chief for
including a slightly used car. He questioned the need for two different make vehicles. Police Chief
Nadeau stated the Crown Victoria is a dependable vehicle and the Dodge Charger would add
versatility. There is some fuel savings with the Charger and a reasonable step for us. Nawrocki
questioned what would happen if Chrysler parts become unavailable. Nadeau indicated that would
be unlike]y.
Nawrocki questioned the number of miles on the 1991. dump truck. Kevin Hanson, Public Works
Director, indicated there are 75,000 miles. Steve Synowczynski, Vehicle Maintenance Supervisor,
stated that the vehicle has almost 10,000 hours on it and does not have a wing or spin sander,
resulting in limited use. Hansen stated the request comes now because the State contract expires
January 31. After that date there would be a five percent increase. There were three pieces of
equipment scheduled for replacement this year and staff proposes to hold off on the MT Trackless
purchase until 2010. Fuel economy on the pickup truck would be much greater. Nawrocki stated that
prices may decrease and reiterated concern to hold off on these purchases. Fehst stated that we buy
equipment from our improvement fund, which is carried through amortization and funds are
available for theses purchases. Fehst spoke of the necessity to replace the police vehicles and these
particular public works vehicles.
Peterson stated it would be easy to not replace these vehicles, but it has been proven over the years
that this is the correct action. He does not see any reason to change our policy.
Motion by Diehm, second by Kelzenberg, to authorize the purchase of one 2009 Ford Crown
Victoria Police Interceptor and one 2009 Dodge Police Charger patrol vehicle under the State of
Minnesota bid, with funding to come from 431-42100-5150 in the amount of $44,415.00 and that the
Mayor and City Manager are authorized to enter into a contract for same. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Kelzenberg, to authorize the Police Chief to negotiate the purchase of
a 2008 Dodge Charger Program car to be used as an unmarked police vehicle, with an expenditure of
between $12,000 and $14,000. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to authorize the Police Chief to expend up to $17,500 to
set up and outfit two marked and one unmarked police vehicle. Upon vote: All ayes. Motion
carried.
G. Capital Equipment Replacement of Unit #19 -GMC Top Kick Single Axle Dump Truck and
Attachments from the State of Minnesota Purchasing Contract
Motion by Kelzenberg, second by Williams, to purchase from the State of Minnesota Purchasing
Contract the Capital Equipment Replacement of Unit #19 GMC TOP KICK single axle dump truck
chassis from Astleford International of Minneapolis in the amount of $65,722 and purchase the
dump box, reversible front plow, belly plow, wing plow and sander from. Towmaster of Litchfield,
Minnesota, in the amount of $76,960 for a total price of $142,682 plus sales tax. Upon vote: All
ayes. Motion carried.
6
City Council Minutes
Monday, January 26, 2009
Page 4 of 11
H. Authorize the Capital Equipment Replacement of Unit #204 Ford F-250, 4X2, 3/4 Ton Pickup Truck
quipped with Power Life gate from the State of Minnesota Purchasing Contract
Motion by Kelzenberg, second by Williams, to authorize the replacement of Unit #204 and purchase
of one (1) new 2009 Ford 4x2 F-250 pickup truck from Elk River Ford Dodge Jeep in the amount of
$18,873 plus sales tax: and Tommy power lift gate from Aspen Equipment in the amount of $2,195
plus sales tax. Funding shall be from Capital Equipment Fund 431-45200-5150.
Nawrocki asked. the number of miles on this vehicle. Hansen stated there are nearly 70,000 miles and
the vehicle would be disposed of.
Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolutions 2009-18, 41.56 Sth Street N.E., 2009-19, 4254 2nd Street N.E., and 2008-20
3923 Main Street N.E., being Resolutions of the City Council of the City of Columbia Heights
rp oving rental license revocation for failure to meet the requirements of the Property
Maintenance Codes.
Fire Chief Gary Gorman recommended revocation based on the following reasons:
2009-1.8, 4156 5th Street N.E. -removed -now in compliance.
2009-19, 4254 2nd. Street N.E. -failure to schedule an inspection.
2008-20, 3923 Main Street N.E. -two items not corrected.
Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of
Resolution Numbers 2009-19, and 20, there being ample copies available to the public. Upon
vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2009-19 and 20 being
Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant
to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote:
Aii ayes. ivlotion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Adopt Resolution 2009-21, being a Resolution establishingLProperty Maintenance fees.
Fehst stated that we need to make up $700,000 in LGA cuts. When meeting with the Fire
Chief, he asked if we are being undercut in our enforcement to maintain the look of the town,
and if we are recouping the cost of doing this. At this time, we have not send out the re-
licensing letters for this year.
Garman stated. that the cost of the program and. what property owners should pay was last
looked at in December of 2005. At that time, we attempted to bring up the fees from paying
35 percent of our cost to 70 percent of our cost. We feel it should be property owners that pay
for this service, rather than taxpayers. There has been anrncrease in time and. corrections
necessary for single and small unit rentals. This rate is similar to charges by other
communities. Gorman stated that the City of Minneapolis charges $1,000 to turn anon-
rental home into a rental unit. He explained the difference between the fee schedule
distributed tonight and the one in the agenda packet. Gorman spoke on the anticipated
revenue from this increase.
Nawrocki stated that resident taxes should be reduced by the amount anticipated.. Fehst stated
City Council Minutes
Monday, January 26, 2009
Page5of11
that taxes can not be reduced at this point in time. To meet the State aid Loss there will be a
reduction in personnel, unpaid furloughs, and an increase in fees for service given. Nawrocki
stated that this would be unfair, as the Fire Department would have $49,000 more than
anticipated. Fehst stated that he would balance the decreases through all departments.
Peterson indicated that this would be discussed at a budget reduction. work session.. We did
not anticipate the $350,000 reduction last year and the $700,000 LGA reduction this year.
Fehst stated that the state budget deficit was not indicated until after our budget was
approved.
Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2009-21, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution 2009-21, establishing
Property Maintenance fees.
Nawrocki again indicated it is not fair to give an increased revenue source to this department
and not consider other departments. Peterson stated that is a premature comment.
Upon vote: All ayes. Motion carried.
2. Adopt Resolution 2009-22, being a Resolution establishing; Fire Department fees.
Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2009-22, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution 2009-22, establishing Fire
Department fees. Nawrocki, aye, Diehm, aye, Williams, aye, Kelzenberg, aye, Peterson aye.
All ayes. Motion carried.
B. Bid Considerations -none
C. Other Business -none
A13 ISTRATIVE REPORTS
Report of the City Manager and Report of the City Attorney
Fehst indicated that the February 2°d work session would include setting a date for the joint Planning
and Zoning Commission and City Council Comprehensive Plan meeting, (he will suggest a
Wednesday evening in February), Citywide pedestrian and bikeway plan, feasibility report for water-
main replacement and alley reconstruction west of Central from 49`" to 50`" Avenue. The request
would be to assess the replacement, widen the alley and replace the fence. Budget reductions will
also be discussed.
Nawrocki indicated that he may be unavailable on the date recommended for the Board of Review.
As he is the only member certified, someone else may have to take the class or change the date.
Fehst referred to Councilmember Nawrocki's request to clear snow from the bridge before the
holiday, which. he had done. The last time Councilmember Nawrocki requested this, the deck was
clean, but the steps were not. This year has been consistently cold, with snow and ice difficult to
clean. 1-Jansen stated there is snow on the steps, but they are passable. The steps, from use, get
trampled. We do shovel and place salt on the bridge. Nawrocki stated that it was visible from the
street that they are dangerous. People are reminded to clean their sidewalks in 24 hours. Students
have to cross this bridge and it should not be on the bottom of the list for snow removal. Nawrocki
City Council Minutes
Monday, January 26, 2009
Page 6 of 11
requested the priority of this be reconsidered. Hansen stated that it is normally cleared within 24
hours.
Fehst indicated he has met with city employees, business agents, and union stewards to discuss
implementing 80 hours of unpaid furlough, which is approximately a 3.84 percent wage decrease
and is greater than the 3.5 percent increase received. Employees recognize the economic situation.
The reason for the unpaid furlough is to give us some time to figure out how to re-engineer our
service levels, There will be layoffs; there is a freeze on filling positions, reduced hours at the library
from 60 hours to 50 hours, and replacement of a full time position with apart-time position. We
think we can make up the $700,000 in a combination of not filling four positions, laying off between
two and four positions and job sharing a couple of positions, which would be one person working in
two positions. The recommendation will not include layoffs in the Police or Fire Departments, but
the departments will receive some cuts. There may be more cuts if the amount is greater than
anticipated. Fehst applauded the union and non-union personnel for stepping forward and
cooperating.
Nawrocki indicated that the salary adjustment approved by Council for part time personnel has not
been put into place. He questioned why the Mayor, which is a part time position., was given his
increase. Fehst stated that a number of those positions are not currently on the payroll and the
withholding has not been determined. The approval of the Mayor's increase was required prior to the
new election term, which is a different situation. Fehst stated that part time position increases will be
considered, when applicable.
Nawrocki questioned obtaining authorization to attend the National League of Cities Legislative
Conference in Washington, D.C. Fehst stated that he will not authorize out of state travel for his staff
and that the Mayor has indicated that out of state travel, at this time, would not be necessary.
Nawrocki stated that he feels the Washington conference is more important as it allows
conversations with our congressmen and senators
Motion by Nawrocki, that all travel outside of the seven county metropolitan area, not be allowed
without City Council action.
Diehm called Point of Order -our Council has agreed to not bring up new motions at a meeting
giving councilmember time to review items. She stated that she personally does not support out of
town travel for any anyone when we are considering cuts that impact employee hours and pay. Fehst
indicated that our Police and Fire departments have extensive training required to maintain
certification, as does the Public Works department. Fehst referred to possibly recommending
dropping out of the AMM for the next couple of years. We are required to be part of the League of
Minnesota Cities to be part of their insurance pool. There is usually one LMC conference in
Rochester that staff needs to attend for certification. Fehst indicated the hope that Councilmembers
attend the upcoming meeting with Representative Ellison to indicate our need for programs such as
the replacement of the pedestrian bridge on 49`'' and Central. Peterson stated he has talked to all
Councilmembers indicating that out of state travel would be cut. Let the City Manager work on this.
It will be discussed at a work session. Nawrocki again addressed part time salaries. Peterson
indicated that the only time council salaries can be changed is prior to an election and not be enacted
until after the new council is seated.
Peterson called for a second to the motion. Motion died for lack of a second.
Nawrocki stated that last year the Assistant Finance Director attended school for ways to be more
City Council Minutes
Monday, January 26, 2009
Fage 7 of 11
fiscally responsible and questioned the follow up on this. Fehst stated that we continually review
how we operate the city and our efficiency and effectiveness on a daily basis.
Nawrocki handed out tax information from the Anoka County Web page. Fehst referred to the
Citizens League Report, indicating our improved standing on the list. Peterson requested a synopsis
report be compiled.
CITIZENS FORUM
Donna Schmitt, 4260 Tyler Street, commended staff and. the City Council on their work to bring the
Sonic Restaurant here. She spoke on embracing who we are as a community. We need to do a better
job of selling the city. There are essential things that we cannot scrimp on in our city.
Malcolm Watson, 1717 49`" Avenue, stated that the Anoka County Board of Review will meet the
evening of June l 5`". He stated that 44 years ago the city went through difficult financial times
because of the floods. We deal with emergencies when necessary, but there were financial difficulties.
He has offered his help, with past knowledge, to staff. Williams asked Mr. Watson to tell his story
about the Church of All Nations, which Watson relayed. Watson indicated that the City of Blaine
appoints a committee of land appraisers and realtors as their Board of Review. Peterson suggested
staff check if Mr. Watson could sit on our Board of Review if Councilmember Nawrocki is unable to
attend.
Dewayne Morrell, 4212 Reservoir, questioned Ordinance 1525 9.1? C7D regarding auto sales and
Auto World. Fehst stated this is allowed by ordinance and asked that Mr. Morrell speak to the City
Attorney if he has further questions. Morrell asked if Unique Thrift pays for the police overtime they
request. Fehst stated that we are reimbursed 100 percent for police coverage.
COUNCIL CORNER
Nawrocki
Diehm
• Questioned if private water service bids could be by line item. Hansen stated that different
items are required each year. The bid is awarded on overall numbers. This gets us the best
bid. Owners are encouraged to also obtain bids.
• Did not receive the quotes from the employee holiday Luncheon. Fehst indicated that Elrite
spoke to him on that. Bids are obtained from time to time.
• When the bank contract is up for renewal, are comparisons of bank charges obtained?
• Referred to budget cuts. Peterson indicated that would be discussed at the woz°k session. His
taxes would be $400 less in Fridley. Fehst stated they would be more in Hilltop.
Thursday, February 19 is the SACA spaghetti fundraiser. Tuesday, March 24 is the Empty
Bowls fundraiser. Valentines Day is February 14. The Lions Sweetheart dance is February 7.
Williams
Referred. to police ticketing vehicles left running and unattended. Left his car running five
minutes and the accelerator was still frozen. Requested a synopsis of the crime reduction in
the city, Nadeau referred to partnerships with other city departments and other cities. Our
violent crime was down 20%. This was focusing on problem areas and working with our
citizens, soliciting citizen involvement, working smarter and not harder. Stated his
appreciation of`the positive comments on behalf of the hardworking officers. Credited
Nadeau with improved employee moral. Fehst stated he would speak to Congressman
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City Council Minutes
Monday, January 26, 2009
Page 8 of 1 I
Ellison on the need for improvement to the non-handicap accessible pedestrian bridge on
-l9`h and Central, Peterson stated there is also one like this in Spring Lake Park.
Kelzenberg
• Notified residents that vehicles can not be left running and unattended, unless you have an
automatic car startere Nadeau referred to car thefts and prevention measures.
Peterson
• Principal Brian Espe is retiring again. Thanked him for his service.
• Remember our service men and women.
• Do a random act of kindness and don't take ourselves too seriously.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:53 p.m.
Patricia Muscovitz CMC City Clerk
RESOLUTION 2009-19
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential rental license held by Stephanie Carr (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4254 2"d Street N.E. Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on January 8, 2009 of an public hearing to be
held on January 26, 2009.
1 • ~ "d ' t t 'll ^''d' the Cite, of ('n ~~; b'a N is tg the f ,
T ow,here.ore, n acct. ante ..i h he f rego.ng, and .. ~. .ranc..~ and regulations of , l m i e.b . t;
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
I. That on or about October 30, 2008, inspection office staff sent a letter requesting the owner of the property to submit a
rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the
owner at the address listed in the property records.
2. That on January 8, 2009 inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
I. The rental license belonging to the License Holder described herein and identified by license number F9386 is hereby
revoked;
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.
RESOLUTION 2009-20
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential rental license held by Perry Avenue Partnership (Hereinafter'°License Holder°').
Whereas, license holder is the legal owner of the real property located at 3923 Main Street N.E., Columbia Heights, Minnesota,
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City Council Minutes
Monday, January 26, 2009
Page 9 of 11
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on January 5, 2008 of an public hearing to be
held on January 26, 2009.
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 October 7, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted
six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on
the Rental Housing License Application.
2. That on January 5, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and
noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address
listed on the rental housing license application.
3. That on January 15, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that two
violations remained uncorrected.
4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Shall repair bonding jumper at water meter that is missing and shall
install new batteries in smoke detectors (they are chirping).
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9256 is hereby
revoked.
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.
RESOLUTION N0.2009-21
BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY
CHAPTER SA OF CITY CODE OF 2005
WHEREAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides for the
establishing of fees; and
WHEREAS, the City has authorized changes to property maintenance fees from time to time; and
WHEREAS, the City finds there is a need to modify the property maintenance fee structure at this time; and
THEREFORE, BE I'T RESOLVED, that the property maintenance fee structure listed below shall be adopted and
effective February 1, 2009.
RENTAL LICENSING FEES
Rental property license - 1 unit $50.00 per building plus $1.00.00 per unit
Rental property license - 2 units $50.00 per building plus $35.00 per unit
Rental property license - 3 thru 10 units $50.00 per building plus $25.00 per unit
Rental. property license - 11 thru 30 units $50.00 per building plus $18.00 per unit
Rental property license -over 30 units $50.00 per building plus $12.00 per unit
License Reinstatement after Revocation/Suspension Five times annual license fee
License Transfer Fee $25.00
ABATEMENT FEE5
Immediate Abatement Administrative Fee $75.00 per abatement
Abatement Administrative Fee $200.00 per abatement
RESOLUTION N0.2009-22
BEING A RESOLUTION ESTABLISHING A FIRE DEPARTMENT FEE SCHEDULE
WHEREAS, the Columbia Heights Fire Department provides many services, such as contract inspections, plan reviews, and
permits; and
WHEREAS, State contracts, State Statute, and City Ordinance allows for fees to be charged for these services; and
WHEREAS, the City has authorized changes to the Fire Department fees from time to time; and
WHEREAS, the City finds there is a need to modify the Fire Department fee structure at this time; and
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City Council Minutes
Monday, January 26, 2009
Page 10 of 11
NOW THEREFORE BE IT RESOLVED that the attached ro osed fee schedule shall be ado ted effective February 1, 2009.
AUTHORITY FEE
TYPE OF ACTIVITY
Recreational Fire Permit:
Daily (up to 9 per year) Chapter 8, Article IV of $0.00
Annual City Code $20.00
Festival Bonfire $200.00
Permit Burn (re wires Council a royal) $500.00
Day Care Inspections: $50.00.
$50.00 per inspection. 55245A.151 and State Includes
contract. follow-up
ins ections
Abatements:
Administrative fee added to the cost of the abatement. Covers cost of Chapter 8, Article II of
City Code $200.00
otiice staff time.
Explosives:
Operational permit required for the manufacture, storage, handling, sale or
use of any quantity of explosive material within the scope of Chapter 33 MSFC 105.6.1.5 $0.00
of the MN State Fire Code.
Fireworks:
SS624.22 $50.00
Outdoor fireworks displays by State certified operator.
SS624.20 $0.00
Fireworks sales in existing retail establishments. SS624.20 $200.00
Fireworks stands or tent sales. (NFPA 1124)
New Construction/ Modifications/Fire Review:
Minnesota State Fire
For all occupancies with the exception of detached one- and two-family Code
dwellin s. Fee
Structures:
New constniction/modification fire review fee.
105.4 $50.00
Automatic Fire-Extin ug ishine Systems:
New construction/modification fire review fee.
105.7.1 $90.00
Fire Alann and Detection Systems and Related F,quipment:
New construction/modification fire review fee. 105.7.3 $50.00
Fire Pumps and Related Equipment:
New construction/modification fre review fee_. If part of an automatic tire-
extinguishing system review no separate fee will be charged. 105.7.4 $50.00
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City Council Minutes
Monday, January 26, 2009
Page 11 of I 1
Standpipe Systems:
New construction/modification fire review fee. If part of an automatic fire- 105.7.11 $50.00
extinguishing system review, no separate fee will be charged.
Spray Rooms, Dip Tanks, or Paint Booths:
New construction/modification frre review fee. 105.7.10 $0.00
LP Gas:
Exterior installations only: Plan review and inspections to be conducted $180.00
by Fire Department. 105.7.8
Interior installations onl :New construction modification fire review fee. $90.00
Flammable & Combustible Li ug ids:
New construction/modification frre review fee. 105.7.5 90.00
(includes tank installations & removals)
Hazardous Materials:
New construction/modification fire review fee. 105.7.6 90.00
Temporary Membrane Structures, Tents and Canopies:
Less than 180 days: Plan review and inspections to be conducted by Fire $90.00
Department.
105.7.12 $50.00
Under a Conditional Use Permit.
$50.00
Greater than 180 da s: New construction/modification fire review fee.
14
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
September 23, 2008
CALL TO ORDER/ROLL CALL
President, Gary ~. Peterson called the meeting to order at 7:01 p.m.
Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm,
Marlaine Szurek, Gerry Herringer and Bruce Kelzenberg
Staff Present: Walter R. Fehst, Executive Director, Scott Clark, Deputy Executive
Director and EDA Attorney, Steve Bubul
Motion by Williams, Second by Diehm, to approve Scott Clark as Secretary Pro-tem.
Motion Carried Unanimously.
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approve Minutes of August 26 and September 15, 2008 meetings and the Financial
Report and Payment of Bills for the month of August 2008 on Resolution 2008-15.
Nawrocki asked a series of questions on the claims list and the overall financial report.
Clark would get back to the EDA regarding a revenue question relating to ad valorem
taxes.
Motion by Kelzenberg, second by Williams, to approve the consent agenda All ayes.
Motion Carried.
EDA RESOLUTION 2008-15
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE F/NANCtAL
STATEMENT FOR AUGUST 2008 AND PAYMENT OF B1LLS FOR THE MONTH OF AUGUST 2008.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096,
Subd. 9, to prepare a detailed financial statement which shows al! receipts and disbursements, their nature, the money on hand, the
purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve
them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the month of August 2008 and the list of bibs for the month of August 2008 are attached
hereto and made a part of this resolution; and
WHEREAS, the EDA has examined the financial statement and the list of bills and finds them fo be acceptable as to both form and
accuracy.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority
that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they
are found to be correct, as to form and content, and
BE lT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are
approved for payment out of proper funds; and
BE 1T FURTHER RESOLVED this resolution and attachments are fo be made a part of the permanent records of the Columbia
Heights Economic Development Authority.
15
Economic Development Authority Meeting Minutes
September 23, 2003
Page 2 of 10
BUSINESS ITEMS
Resolutions 2008-12 and 13. Fourth Amendment to Contract for Private
Redevelopment-Grand Central Lofts and Contract for Private Redevelopment-
4707 Central Avenue
*At the September 15, 2008 EDA meeting staff informed the Commissioner's that the
development under consideration suffered a setback due to not being able to secure a
lease with Buffalo Wild Wings, and in turn, the project may not commence until Spring
of 2009. Staff has revised the Agreements so that it covers three possible development
scenarios: 1) the developer constructs immediately, the sanitary sewer expansion, the
Aldi's bui{ding and the parking ramp (Phase I) and the foundation for the commercial
Phase II building; 2) This fall, the developer constructs only the building foundations for
both Phases, including the parking ramp. This would allow spring construction to
commence in March of 2009; and 3) No work commencing until the spring of 2009, this
possibility creates the change in the Agreement that work must commence by May 1,
2009 but holding the completion date at December 31, 2009. It is important to note that
the Pay-As-You-Go Tax Increment of $440,000 would not change and would not be
issued until the entire project is complete.
Clark presented to the EDA modifications to the 4tn Amendment, specifically changes to
the Completion Certificate Section and item 4.3 regarding the completion date for
Phase 2.
Herringer was not satisfied regarding the language change for 4.3 and Bubul explained
that the language, as written, was constructed since the Housing Developer had no
contractual obligation regarding a commencement date, only a completion date for
'' ,- ~ grad +a na changes in lanni loge
Phase ~. i he `DA a ~ ~.~, . . ~ ,~ ~..-. .
Herringer then stated that it was his opinion that although the Agreement definitions
stated "owner occupancy" regarding the housing units, that the EDA had previously
agreed to insert additional language within the body of the Agreement. Bubul was
directed to include this language and it was agreed that these modifications will be
made and that the EDA will receive a new copy of the Agreement.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-12,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2008-12, a Resolution
Approving the 4th Amendment to 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 2008A; and furthermore, to autl-torize
the President and Executive Director to enter into an agreement for the same. All ayes.
Motion Carried.
Nawrocki asked for a synapsis of what this Agreement was giving to the respective
16
Economic Development Authority Meeting Minutes
September 23, 200&
Page 3 of 10
parties. Clark gave a synopsis of the same.
Clark gave a brief review of the contract between the EDA and Grand Central
Commons LLC. Clark specifically read the new language regarding the Metropolitan
Grant to have the EDA understand that although staff was confident in gaining aone-
year extension that no contractual representation was being made regarding the same.
Clark also noted that new language regarding minimum assessment agreement
amounts and pro-rations, Section 6.3 of the contract, was also disbursed.
Herringer asked a series of questions on the tax increment note. An error was found in
the tax increment note regarding maturity date and the end date of 2018 will be
amended to read 2021, which is consistent with the rest of the Agreement.
Bubul clarified to the EDA that a tax increment note does not carry an amortization
schedule but is paid back through "available tax increment", as defined in the contract.
Tax increment proceeds are first used to pay accrued interest and then principle.
Clark also explained how the process works to develop the proposed tax increment
amount including the review by a third party of the developer's pro forma and expected
project cash flow.
The EDA will receive a new copy of the Agreement upon final draft,
Motion by Diehm, second by Williams, to waive the reading of Resolution 2008-13,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Diehm; second by Williams, to Adopt Resolution 2008-13, a Resolution
Approving the Contract far Private Redevelopment and Resolution Awarding the Sale
of, and Providing the Form, Terms, Covenants and Directions for the Issuance of its
$440,000 Taxable Tax increment Revenue Note, Series 2008B; and furthermore, to
authorize the President and Executive Director to enter into an agreement for the same.
All ayes. Motion Carried.
RESOLUT/ON NO. 2008-12
RESOLUTION APPROVING FOURTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT AND AWARDING THE
SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF IT5 TAXABLE TAX
INCREMENT REVENUE NOTES, SERIES 2008A
BE IT RESOLVED BY the Board of Commissioners (°Board) of the Columbia Heights Economic Development Rufhorify,
Columbia Heights, Minnesota (the ;4uthority'~ as follows:
Section 1. Authorization Award of Sale.
1.01. Aufhcrizafion. The Authority and the City of Columbia Heights have heretofore approved the establishment of the
K.mart/GentratAvenueTaxtncrement FinancingDisfrict(the°T/FDistrict")fheDowntownCBDRedeve/opmentProject(the Projecf~,and
have adopted a fax increment financing plan for fhe purpose of financing certain improvements within the Project. fn connection with the
TtF Disfnct, the Authority entered info a Contract forPrivate Redevelopmentbehveen fhe Authority and New Neighfs Development, LLC
(now known as Grand Central Properties, LLC) dated as of September 22, 2004, as amended by a First Amendment thereto dated as of
April 26, 2005, a second amendment thereto dated as of November 22, 2005, a Third Amendment thereto dated as ofAugust 28, 2007
and intends to enter into a Fourth Amendment thereto referenced below (collectivefy, the Agreement`).
17
Economic Development Authority Meeting Minutes
September 23, 2008
Page 4 of 10
Pursuant fo Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of
financing a portion of the public development costs of the Project. Such bonds are payable from alt or any portion of revenues derived
from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of
the Authority that it issue and sell ifs Taxable Tax Increment Revenue Notes in the principal amount of $700,OD0 (the Nofes'7 for the
purpose of financing certain public redevelopment costs of the Project
1.02. Approval of ConfractAmendment. The Fourth Amendment to Contract forPrivate Redevelopment between the Authority
Grand Central Properties, LLC ("Grand Central Properties' is approved in substantial/y the form on file in City Nall, subject to
modifications That do not alter the substance of the transaction that are approved by the President and Executive Director, provided that
execution of the amendment by such officials is conclusive evidence of and their approval.
1.03. Issuance Saie and Terms of the Notes. The Authority hereby delegates to the Executive Director the defermina6on offhe
date on which the Notes are fo be delivered, in accordance with the Agreement. The Notes shall be issued as follows: one Note in the
original principal amount of the Housing Redeveloper Portion issued to Grand Central Properties; and one Note in the original principal
amount of the Commercial Redeveloper Portion issued fo Grand Central Commons, LLC ("Grand Central Commons', as such terms are
defined in, and aft in accordance with, the Agreement (Grand Central Properties and Grand Central Commons being referred to as the
"Owner" or "Owners'). The Notes shall be dated August 1, 2008, shat! mature no later Phan February i, 2014, and shall bear interest at
the rate of 6.0 % per annum from the date of original issue of the Note. The Notes are issued in consideration of payment by Grand
Gentral Properties of the Public Redevelopment Costs in at least the principal amount of the Notes, in accordance with the Agreement.
Section 2. Form of Note. The Notes shall be in substantially the following form, numbered R-1 and R-2, with the blanks to be
properly fitted in as of the date of issue:
UNITED STATE OF AMERICA
STATE OF MINNESOTA
GOUNTY OF ANOKA
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
No. R- $
TAXABLE TAX INCREMENT REVENUE NOTE
SER/ES 2007
Date
Rate of Orioinal Issue
6.0 % August 1, 2008
The Columbia Heights Economic DevelopmenfAuthority('Authority)for value received, cerfrfies that it is indebted and hereby
promises to pay to or registered assigns (the "Owner'7, the principal sum of $ (the "Principal Amount', as
providedn the Agreementdefined hereafter, Togetherwith interest on i;9e unpaid b~~ance the.~ecfaccrued from ±he date ofengfnal issue
hereof at the rate of 6.0 percent per annum (the "Stated Rate'. This Note is given in accordance with that certain Contract for Private
P.edevelopmenf between the Issuer and New Heights Development, LLC dated as of September 22, 2004, as amended by a First
Amendment thereto dated as of April 26, 2005, a Second Amendment thereto dated as of November 22, 2005, a Third Amendment
thereto dated as of August 28, 2007 and a Fourth Amendment thereto dated as of , 2008 (the Agreement's and the
authorizing resolution (the `ResoluSon'~ duly adopted by the Authority on August , 2008. Capitalized terms used and not
otherwise defined herein have the meaning provided for such teens in the Agreement unless the context c%arly requires otherwise.
1. Payments. Principal and interest (°Paymenfs'~ shall be paid in installments commencing February i, 2009 and
continuing on each February 1 and August 1 thereafierto and including February 1, 2014 (°PaymentDates'9, in the amounts and from the
sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal Notwithstanding
anything to the contrary herein, the balance of(Housing RedeveloperAvailable Tax IncrernenfJ (Commercial RedeveloperAvailable Tax
lncrementJ on hand as of the date of issuance of the Nofe shat! be paid on the date of issuance.
Payments are payable by mail to the address of the Owner or such atheraddress as the Ownermay designate upon 30 days
v/ritfen notice to the Ruthorify Payments on this Nofe are payable in any coin or currency of the United States ofAmerica which, on the
Payment Date, is legal tender for the payment of public and private debts.
2. Interest. Simple interest shall accrue from the date of original issue of this Nofe and shall be computed on the basis
of a year of 360 days and charged for actual days principal is unpaid.
.4vailable Tax Increment.
(Alt payments on this JVofe are payable on each Payment Date solelyfrom and fn the amcuntof the "Housing RedevefoperAvailable Tax
Increment" as defined in the Agreement that has been paid fo the Authority by Anoka County in the six months preceding the Payment
Date, subject tp the withholding and contingent pledge ofcertain Tax Increment held in escrow by the Authorityin accordance with Section
3.4(cJ(i) of the Agreemenf.J
18
Economic Development Authority Meeting Minutes
September 23, 2008
Page 5 of I O
]All payments on this Note are payable on each Payment Date solely from and in the amount of the "Commercial RedeveloperAvaitable
Tax Increment" as defined in the Agreement that has been paid to the AuthoritybyAnoka County in the six months preceding the Payment
Date. j
The Authority shaft have no obligation to pay principal of and intereston this Note on each Payment Date from anysouroe other
than ]Housing RedeveloperAvaitable Tax Increment] jCommeroia! RedeveloperAvaitable Tax Increment] and the failure ofihe Authority
to pay the entire amount of principal orinterest on this Note on any Payment Date shalt not constitute a default hereunder as long as the
Authoritypaysprincipal and interesthereon fo the extent ofsuch pledged n:venues. The Authorityshaflhave no obligation fopay unpaid
balance of principal or accrued interest that may remain after the final Payment on February 1, 2014.
4. Default. Upon an Event ofDefaultbytheRedeveloperundertheAgreement,theAuthoritymayexercisefheremedies
with respect to this Note described in Section 9.2 of the Agreement, the terms of which are incorporated herein by reference.
5. Opffonat Prepavment. {a) The principal sum and all accrued interest payable under this Nofe is prepayable in whole
or in part at any time by the Authority without premium or penalty. No partial prepayment shalt affect the amount or timing of any other
regular payment ofherv/ise required fo be made under this Nofe.
(b) Upon receipt by Redeveloper of the Authority's written statement of the Excess Amount as defined in Section 3.4(c) of
the Agreement, one-half of such Excess Amount will be deemed to constitute, and will be applied fo, prepayment of the principal amount
of this Nofe. Such deemed prepayment is effective as of the Final Cfosfng Date as defined in Section 3.4(c) of the Agreement, and will be
recorded by the Regisfrarin its records for the Note. Upon request of the Owner, the Authority will deliver to the Ownera statement of the
outstanding principal balance of the Note after applfcafion of the deemed prepayment under this paragraph.
6. Nature ofObliaation. This Nofe is one of an issue in the total principal amount of $700,000 issued to aid in financing
certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes,
Sections 469.001 through 469.047, and is issued pursuant to the Resolution, and pursuant to and in full conformity wfth the Constitution
and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the
Authority which is payable solely from the revenues pledged to the payment hereof under the Resolution, each Note issued under the
Resolution being on parity with the other. This Note and the interest hereon shat! not be deemed to constitute a general obligation of the
State of Minnesota oranypofitical subdivision thereof, including, witYroutlimitaffon, fheAufhority. Neither the State ofMinnesota, norany
political subdivision thereof shalt be obligated to pay the principal oforinferest on this Note orother costs incidenthereto except from and
to the extent of the revenues pledged hereto, and neither the full faith and credit nor the taxing power of the State of Minnesota or any
political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons- As provided in the
Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that
purpose at the principal offrce of the City Finance Director, by the Ownerhereof in person or by such Owner's attorney duly authorized in
writing, upon surrenderof this Note fogefherwfth a wrfften instrument of transfersafisfactory to the Authority, duly executed by the Owner.
Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the
Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same dates.
This Nofe shall not be transferred to any person unless the Authority has been provided wffh an opinion of counsel or a
certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws.
!T !5 HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen, and to be performed fn order to make this Note a valid and binding limited obligation of the
Authority according to its terms, have been done, do exist, have happened, and have been performed in due forts, time and manneras so
required.
IN WITNESS WHEREOF, the Board of Commissioners of the Columbia Heights Economic DevelopmentAuthorityhave caused
this Note fo be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified
above.
COLUML3IA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY'
Executive Director-Wolfer R. Fehst
President-Gary L. Peterson
REGISTRATION PROVISIOfJS
The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director. in the
name of the person last fisted below.
Date of
Signature of
19
Economic Development Authority Meeting Minutes
September 23, ?008
Page 6 of 10
Registration Registered Owner_ Cify Finance Director
Federal Tax I.D. No.
Section 3. Terms Execution and Delivery.
3.01. Denomination, Pavment The Nofe shall be issued as a single typewritten note numbered R-1.
The Nofe shall be issuable only in fully registered form. Principal of and interest on the Note shat! be payable by check or draft
issued by the Registrar described herein.
3.02. Dates ~ Interest Pavment Dates. Principal of and interest on the Nofe shall be payable by mail to the owner ofrecord
thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business
day.
3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer
agent and paying agent (the "Registrar"). The effect ofregistration and the rights and duties of the Authority and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrarshall keep at its office a bond registeren which the Registrar shall provide forthe registration
of ownership of the Note and the registration of transfers and exchanges of the Nofe.
(b) Transfer of Note. Upon surrender for transfer of the Note duty endorsed by the registered owner thereof or
accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duty executed by the registered owner
thereof orby an aftomey duly authorized by the registered ownerin writing, the Regfstrarshall authenticate anddefiver, in the name ofthe
designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor.
Notwithstanding the foregoing, the Note shall not be transferred to anyperson unless the Authority has been provided with an opinion of
counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and
prospectus delivery requirements of federal and applicable state securities taws. The P,egistrarmay close the books forregisfrafion ofany
transfer aBer the fi;teenth day of the month preceding each Payment Dafe and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter
disposed of as directed by the Authority.
(d) Improoer or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may
refuse to transfer the same until it is satisfied that the endorsement on such Nofe or separate instrument of transferis legally authorized.
The Registrar shall incur no liability for ifs refusal, in good faith, to make Transfers which it, in its judgment, deems improper or
unauthorized.
(e) persons Deemed Owners. The Authority and the Registrar may Treat the person in whose name the Note is at any
time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Note and for alt other purposes, and all such payments so
made fo any such registered owner or upon the owners order shall be valid and effectual to satisfy and discharge the liability of the
Authority upon such Note to the extent of the sum or sums so paid.
(t) Taxes Fees and Charoes. For every transfer or exchange of the Nofe, the Registrar may impose a charge upon the
owner thereof sufficient to reimburse the Registrar for any fax, fee, or othergovemmental charge required to be paid with respect fo such
Transfer or exchange.
(g) Mutilated Lost 5folen orDestroved Note. /n case any Note shall become mutilated orbe lost, stolen, ordestroyed,
the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution forand upon cancellation of
such mutilated Note ortn lieu ofand in substitution forsuch Nofe lost, stolen, ordestroyed, upon the paymentoffhe reasonable expenses
and charges of the Registraron connection therewith; and, in the case the Note lost, stolen, ordestroyed, upon filing with the Registrarof
evidence satisfactory to if That such Nofe was lost, stolen, ordestroyed, and of the ownership (hereof, and upon furnishing fo the Registrar
of an appropriate bond or indemnity in form, substance, and amount satisfactory fo it, In which both the Authorifyand the Regisfrarshalt be
named as obligees. The Note so surrendered to the Registrarshall be cancelled by it and evidence of such cancellation shat/be given to
the Authority. (f the mutilated, lost, stolen, ordestroyed Note has already matured or been called forredemption in accordance with ifs
Perms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preoare6on and Delivery. The Note shah be prepared under the direction of the Executive Director and shalt be
executed on behalf of the Authority by the signatures of its President and Executive Director. !n case any officer whose signature shalt
appearon the Note shall cease to be such ofhcerbefore the delivery of the Nofe, such signature shaft nevertheless be valid and suficient
for all purposes, the same as if such officer had remained in offrce until delivery. When the Note has been so executed, it shall be
delivered by the Executive Director fo the Owner thereof in accordance with the Agreement.
Section 4. Security Provisions.
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September 23, ?008
Page 7 of 10
4.01. Pledge. The Authority hereby p/edges to the payment of the principal of and interest on the Notes alt Housing
Redeveloper Available Tax Incrementand Commercial RedeveloperAvailable Tax /ncremenf, as the case maybe, under the terms and
as defined in the Notes. Such revenues shall be applied to payment of the principal of and interest on the Notes, each !Vote being on parity
with the outer, in accordance with the terms of fhe form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Nofe is no longeroutsfanding and no principal thereoforinferestthereon (to the extent
required fo be paid pursuant fo this resolution) remains unpaid, the Authorityshall maintain a separate and special "Bond Fund" to 6e used
for no purpose other than the payment of fhe principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the
Bond Fund in each year all Housing RedeveloperAvai/able Tax Increment and Commercial RedeveloperAvailab/e Tax /ncrement,~ and
agrees with respect to the Nofe issued to Grand Central Properties, to maintain and apply the escrowed Tax /ncremenf in accordance with
Section 3.4(c)(i) of fhe Agreement. Any amount remaining in the Bond Fund shall be transferred to the Authority's account for the TIF
District upon termination of the Note in accordance with ifs terms.
4.03. Additional Bonds. If the Authority issues any bonds or notes secured by Available Tax Increment, such additional
bands or notes are subordinate to the Notes in all respects.
Section 5. Certification of Proceedinos.
5.01. Cetiification of Proceedinos. The officers of the Authority are hereby authorized and directed to prepare and famish
to the Owner of the Nate certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and
information as may be required to show the facts relating to the legality and marketability of the Nofe as the same appear from the books
and records under their custody and control or as otherwise known to them, and at! such certified copies, certfficates, and affidavits,
including any heretofore famished, shall be deemed representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shat! be effective upon execution of the Fourth Amendment to the Agreement.
RESOLUTION NO. 2008-13
RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT AND
RESDLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE
ISSUANCE OF ITS X440,000 TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 20088
BE lT RESOLVED BV the Board of Commissioners ("Board's of the Columbia Heights Economic Development Authority,
Columbia Heights, Minnesota (the Authority'] as follows:
Section i. Authorization.
1.01. Authorization. The Authority and the City of Columbia Heights have heretofore approved the establishment of the
KmartlCentral Avenue Tax Increment Financing District (the "TfF District) the Downtown CBD Redevelopment Project (the "Project), and
have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized fo issue and sell its bonds for the purpose of
financing a portion of fhe public development costs of the Project. Such bonds are payable from all or any portion of revenues derived
from the TIF District and pledged to the payment of fhe bonds. The Authority hereby finds and determines that if is in the best interests of
fhe Authority thatit issue and sell its Taxable Tax Increment Revenue Note in fhe maximum principal amount of $440, 000 (the °Note'~ far
the purpose of financing certain public redevelopment costs of the Project.
1.02. Approval ofAareemenL The Contract for Private Redevelopment (the AgreemenY7 between the Authority Grand Central
Commons, LLC ("Grand Central Properties') is approved in substantially fhe form on frle in City Nall, subject to modifications that do not
alter the substance of the transaction That are approved by the President and Executive Director, provided that execution of the
amendment by such officials is conclusive evidence of and their approval.
1.03. Issuance Sale. and Terms of the Nofe. The Authority hereby delegates to the Executive Directorthe determination of the
date on which the Note is fo be delivered, in accordance with the Agreement The Note shall be issued to Grand Central Commons LLC
("Owner'?. The Note shall be dated as of the date of delivery, shall mature no later than February 1, 2018 and shalt bearinferest at the
rate of 7.0% per annum from the date of original issue of the Note. The Nofe is issued in consideration ofpayment by Owner of certain
Public Redevelopment Costs in at least the principal amount of the Note, in accordance with the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, v/ith the blanks to be properly filled in and the
principal amount and payment schedule adjusted as of the date of issue:
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
COLUMBIA HEIGHTS ECDNOMIC DEVELOPMENT AUTHORITY
No. R-1
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Economic Development Authority Meeting Minutes
September 23, 2008
Page 8 of 10
TAXABLE TAX INCREMENT REVENUE NOTE
SERIES 20
Date
Rate of Orioinal Issue
7.0%
20
The Columbia Heights Economic DevetopmentAufhority (Authority') forvalue received, certifies thatitis indebted and hereby
promises to pay to Grand Central Commons LLC orregistered assigns {the °Owner'), the principal sum of$ orso much thereof
as has been from time to time advanced (the "Principal Amount'7, as provided in the Agreement defined hereafter, together with interest
on the unpaid balance thereof accrued from the date of original issue hereof of the rate of_ percent per annum (fhe "Stated Rate').
This Note is given in accordance with that certain Contract for Private Redevelopment between the Issuer and the Owner dated as of
2008 (the Agreement') and the authorizing resolution {the "Resolution') duly adopted by the Authority on
2008. Capitalized terms used and not otherwise defined herein have the meaning provided for such terms in the
Agreement unless the context clearly requires otherwise.
1. Payments. Principal and interest ("Payments') shall be paid on August 1, 2010 and each February 1 and August 1
thereafter fo and including February i, 2021 ("Payment Dates' fn the amounts and from the sources set forth in Section 3 herein.
Payments shat/ be applied first to accrued interest, and then fo unpaid principal.
Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days
written notice to the Authority. Payments on this Note are payable in any coin or currency of fhe United States of America which, on fhe
Payment Date, is legal fender for the payment of public and private debts.
2. Interest. Interest accruing from the date of original issue through and including February 1, 2010 (and not otherwise
paid from Available Tax Increment) will be compounded semiannually on February 1 and August 1 of each year and added to principal.
Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid.
3. Available Tax Increment. All payments on Phis Note are payable on each Payment Data so/ety from and in the
amount of the Available Tax Increment "which means, on each Payment Data, 90 percent of the Tax Increment attributable to the
Commercial Property as defined in the Agreement that is paid fo the Authority byAnoka County in the six months preceding fhe Payment
Date.
The Authority shall have no obligation fo pay principal of and interest on this Nofe on each Payment Date from anysource other
than Available Tax Increment and the failure of the Authority to pay the entire amount of principal orintereston this Note on any Payment
Date shall not constitute a default hereunder as tong as fhe Authority pays principal and interest hereon to the extent of such pledged
revenues. The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final
Payment on February 1, 2021.
4. Default. Upon an EventofDefaultbytheRedeveloperundertheAgreement,theAufhoritymayexercisetheremedies
with respect to this Note described in Section 9.2 of fhe Agreement the terms of which are incorporated herein by reference.
~. Optional Preoayment. (a) The principal sum and ail accrued interest payable underthis Nofe is prepayable in whole
or in part at any time by fhe Authority without premium or penalty. No partial prepayment shall affect fhe amount or timing of any other
regular payment otherwise required fo be made under this Nofe.
(b) Upon receipt by Redeveloper of the Authority's written statement of fhe Excess Amountas defined in Section 3.4(e) of
the Agreement one-half of such Excess Amount will be deemed to constitute, and will be applied to, prepayment of fhe principal amount
of this Note. Such deemed prepayment is effective as of the Calculation Date as defined in Section 3.4(e) of the Agreement, and will be
recorded by the Regfsfrarin ifs records for the Note. Upon request of fhe Owner, the Authority will deliver to the Owner a statement of the
outstanding principal balance of fhe Note after application of the deemed prepayment under this paragraph.
6. Nature of Oblioation. This Nofe is one of an issue in the total principal amount of ~ issued to aid ir,
financing certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant fo Minnesota
Statutes, Sections 469.001 through 469.047, and is issued pursuant fo the Resolution, and pursuant to and in full conformity with the
Consfitufion and laws of fhe State of Minnesota, including Minnesota Statutes, Sections 469. i74 to 469.179. This Note is a limited
obligation of the Authority which is payable sotety from the revenues pledged to the payment hereof underfhe Resolution. This Note and
the inten=se hereon shat! not be deemed to ronstitute a general obligation of the State of Minnesota or any political subdivision thereat,
including, without limitation, fhe Authority. Neither the State of Minnesota, nor any political subdivision thereofshall be obligated fo pay
the principal of or interest on this Note or other costs incident hereto except from and to the extent of the revenues pledged hereto, and
neither the full faith and credit nor the faxing power of the State of Minnesota or any political subdivision thereof is pledged fo fhe payment
of the principal of or interest on this Note or other costs incident hereto.
7. Rec~isfration and Transfer. This Nate fs issuable only as a fully registered note without coupons. As provided in the
Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that
purpose at the principal office of the Cfty Chief Financial Officer, by the Owner hereof in person or by such Owner's attorney duly
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Economic Development Authority Meeting Minutes
Septeanber 23; 2008
Page 9 of 10
authorized in writing, upon surrenderof this Note together with a written instrument of transfersatisfactory fo the Authority, duty executed
by the Owner. Upon such transfer orexchange and the payment by the Ownerof any tax, fee, orgovemmental charge required to be paid
by the Authority with respect to such transferor exchange, there wilt be issued in the name of the transferee a new Note of the same
aggregate principal amount, bearing interest at the same rate and maturing on the same dates.
This Note shat/ not tie transferred to any person unless the Authority has been provided with an opinion of counsel or a
certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws.
/T IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and Laws of the State
of Minnesota to be done, to exist, to happen, and to be performed in order fo make this Note a valitl and binding limited obligation of the
Authority according to ifs terms, have been done, do exist, have happened, and have been performed in due form, time and manneras so
required.
!N WITNESS WHEREOF, the Board of Commissioners of the Columbia Heights Economic DevelopmentAuthorityhave caused
this Note to be executed with the manual signatures ofits President and Executive Director, alt as of the Date ofOriginal Issue specified
above.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
Executive Director-Walter R. Fehst
President-Gary L. Peterson
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of the City Chief Financial Officer, in
the name of the person last listed below.
Date of Signature of Registration
Registered Owner Gity Chief Financial Officer
Grand Central Commons LLC
Federal Tax l.D. No.
Section 3. Terms Execution and Delivery.
3.01. Denomination. Pavment. The Note shall be issued as a single typewritten note numbered R-1.
The Note shall be issuab/e onlyin fully registered form. Principal of and interest on the Note shah be payable by check or drab
issued by the Registrar described herein.
3.02. Dates Interest Pavment Dates. Principal ofand intereston the Note shalt be payable by mail to the owner ofrecord
thereof as of the close of business on the fiReenth day of the month preceding the Payment Date, whether ornot such day is a business
day.
3.03. Registration. The Authority hereby appoints the City Chief Financial Officer fa perform the functions of registrar,
transfer agent and paying agent (the f,'egisfrar"). The effect of registration and the rights and duties of the Authority and the Registrar
with respect thereto shalt tie as follows:
(a) Register. The Regisfrarshalt keep ants office a bond regisferin which the Registrar shall provide forthe registration
of ownership of the Note and the registration of transfers and exchanges of the Note.
(bj Transfer of Nofe. Upon surrender for transfer of the tJote duly endorsed by the registereC owner thereof or
accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner
thereof orby an attorney duly authorized by the registered owner in writing, the Registrar shalt authenticate and deliver, in the name of the
designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor.
Nohvifhstanding the foregoing, the Nofe shalt not be transferred to any person unless the Authority has been provided with an opinion of
counsel or a certificate of the transferor, in a form satisfactory fo the Authority, that such transfer is exempt from registration and
prospectus deliveryrequirements of federal and applicable state securities laws. The Registrar may close the books forregistration ofany
transfer after the fifteenth day of the month preceding each Payment Dafe and until such Payment Cate.
(c) Cancellation. The Nafe surrendered upon any transfer shall be promp8y cancelled by the Registrar and thereafter
disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented fo the Registrar for transfer, the Registrar may
refuse to transferthe same until if fs satisfied That the endorsement on such Note or separate instrument of transfer is legally authorized.
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September 23, 2008
Page 10 of 20
The Registrar shat/ incur no liability for its refusal, in good faith, fo make transfers, which it, in its judgment, deems improper or
unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any
time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of
receiving payment of, or on account of, the prirzcipal ofand interest on such Nofe and for alt other purposes, and all such payments so
made fo any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the
Authority upon such Note to the extent of the sum or sums so paid.
(t) Taxes. Fees and Charoes. Foreveryfransferorexchange ofthe Nofe, the Registrarmayimpose acharge upon the
owner (hereof sufficient to reimburse the Registrar for any tax, fee, orofhergovemmenta/ chan,/e required to be paid with respect to such
transfer or exchange.
(g) Mutilated. Lost Stolen orDesfroved /Vote. !n case any Nofe shalt become mutilated orbe lost, stolen, or destroyed,
the Registrar shat! deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of
such mutilated Note Orin lieu ofand in substitution forsuch Note lost, stolen, or destroyed, upon the paymentoffhe reasonable expenses
and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of
evidence sati~facfory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon famishing to the Registrar
ofan appropriate bond or indemnity in form, substance, and amount satisfactory to if, in which both the Authorityand the Registrarshall be
named as obligees. The Nofe so surrendered to the Registrarshall be cancelled by it and evidence of such cancellation shall be given to
the Authority. ff the mutilated, lost, stolen, or destroyed Note has already matured ar been called for redempBon in accordance with its
terms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preparation and Delivenr. The Note shalt be prepared under the direction of the Executive Director and shall be
executed on behalf of the Authority by the signatures of its President and Executive Director. /n case any officer whose signature shall
appear on the Note steal! cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient
for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be
delivered by the Executive Director to the Owner (hereof in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges fo the payment of the principal ofand interest on the Note all Available Tax
Increment under the terms and as defined in the Note. Available Tax Increment shall be applied to payment of the principal ofand interest
on the Nofe in accordance with the terms of the form of Nofe set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Nofe is no longeroutstandingond no principal thereof orfnterest thereon (to the extent
required to be paid pursuant to this resolution) remains unpaid, the Authority shat! maintain a separate and special °Bond Fund" to be used
forno purpose ofherthan the payment of the principal ofand intereston the Nofe. The Aufhorityirrevocablyagrees to appropriate to the
Bond Fund in each year alt Available Tax Increment. AnyAvailable Tax Increment remaining in the Bond Fund shall be transferred fo the
Authority's account for the TIF District upon termination of the Note in accordance with ifs terms.
4.03. Additional Bands. If the Authority issues any bonds or notes secured by Available Tax Increment, such additional
bonds or notes are subordinate to the Nofe in alt respects.
Section 5. Certification of Proceedinos.
5.01. Certification of Proceedinos. The officers of the Authority are hereby authorized and directed fo prepare and furnish
fo the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certifrcates, and
information as may be required to show the facts refafing fo the legality and marketability of the Note as the same appear from the books
and records under their custody and control or as ofhenvise known to them, and alt such certified copies, certificates, and afdavits,
including any heretofore famished, shall be deemed representations of the Authority as to the facts recited (herein.
Section 6. Effective Dafe. This resolution shall be effective upon execution of the Agreement.
A®J~l1RIVtViENT
President, Peterson, adjourned the meeting at 7:50 p.m.
Respectfully sui~itted,
/'~ f ~'
~-~---~
Scats ~~arit
I-I:IEDAminutes2008t9-23-2008
24
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF OCTOBER 28, 2008
Call to Order - by Chair, Tammera Diehm at 7:01 p.m.
Roll Call- Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., and Bruce
Kelzenberg
Absent: Bobby Williams
City Staff: Walter R. Fehst, Executive Director, Scott Clark, Deputy Executive Director,
Sheila Cartney, Asst. Community Development Director, Cher Bakken,
Secretary
CommonBond Staff: Brian Hon, Construction Project Mgr, Jason Price, Accountant,
Jennifer Eells, Asst. Property Manager, Laura Sheak, Property Manager,
Tom Satzer, Maintenance Tech and Lisa Wilcox-Erhardt, Regional Manager
Pledge of Allegiance
Consent A eq nda
Approve the Minutes of April 22, 2008 Regular Meeting and Financial Reports for
the months of April, May, June, July, August and September 2008, Resolution
2008-04.
Nawrocki asked if the noise from the alley problem that residents brought up in April
was resolved. Sheak stated her understanding was that the City was going to look into
that. Fehst stated he did talk to the Police Department but didn't remember what they
said as it has been a long time ago. Resident, Alvina Stiren, unit 421, stated the noise
is still there.
Diehm asked Sheak to contact, Police Chief, Scott Nadeau to investigate the noise
issue.
Motion by Nawrocki, second by Kelzenberg, to waive the reading of Resolution 2008-
04, there being an ample amount of copies available to the public. All ayes. Motion
carried.
Motion by Nawrocki, second by Kelzenberg, to approve the consent agenda Items #4
and #5 as listed. All ayes. Motion Carried.
HRA RESOLUTION 2008-04
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE
FINANCIAL STATEMENT FOR APRIL, MAY, JUNE, JULY, AUGUST AND SEPTEMBER OF 2008 AND PAYMENT OF BILLS
FOR THE MONTHS OF APRtL, MAY, JUNE, JULY, AUGUST AND SEPTEMBER.
WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096,
Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money an hand, the
purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve
Them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of April, May, June, July, August and September of 2008 and the list of bills for the
months of April, May, June, July, August and September of 2008 are attached hereto and made a part of this resolution; and
WHEREAS, the HRA has examined t/7e financial statement and the list of bills and finds them to be acceptable as to both form and
accuracy.
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October 28, 2008
Page 2 of 8
NOW, THEREFORE BE /T RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment
Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof,
and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the fist of bills as presented in writing are
approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia
Heights Housing & Redevelopment Authority.
Public Hearing
Resolution 2008-05, Public Housing Agency Plan Approval
Wilcox-Erhardt explained to the board the PHA plan is required by HUD each year
under the Quality Housing and Work Act of 9998. A copy of the PHA plan was provided
to Resident Council, the Library, City Hall and Anoka County for review in September.
The public hearing notice was advertised in the newspaper. We received written
notification from Anoka/Dakota County that the plan is consistent with their plan. We
are asking for $904, 000 for 2009. We still have some funding available from 2007 and
2008, which will be used for the 5~" floor Modernization costs.
Diehm opened the Public Hearing. There were no public comments.
Motion by Kelzenberg, second by Ecklund, to close the Public Hearing. All ayes.
Motion Carried.
Motion by Kelzenberg, second by Nawrocki, to waive the reading of Resolution 2008-
05, there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Kelzenberg, second by Nawrocki, to Adopt Resolution 2008-05, a Resolution
of the Columbia Heights Housing and Redevelopment Authority (HRA} confirming
approval of the 2009 Public Housing Agency Certifications of Compliance with the PHA
plans and related regulations, and authorizing it's submission to HUD. All ayes. Motion
Carried.
HRA RESOLUTION 2008-05
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT (HRA) CONFIRMING APPROVAL OF THE 2009
PUBLIC HOUSING AGENCY CERTIFICATIONS OF COMPLIANGE WITH THE PHA PLANS AND RELATED REGULATIONS.
WHEREAS, The Department of the Housing and Urban Development has requested that Public Housing Agencies
submit a Certification in regard to Public Housing Agency Compliance with the PHA Plans and Related Regulations; and
WHEREAS, such Certification also requires the formal approval of the Board of Commissioners;
NOW THEREFORE BE lT P,ESOLVED, by the Board of Cornmfssioners of the Columbia .Heights Housing &
Redevelopment Authority that the attached (Appendix) Public Housing Agency Certifrcations of Compliance with the PHA
P/ans and Related Regulations is hereby approved.
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Housing & Redevelopment Authority Minutes
October 28, 2008
Page 3 of 8
BUSIneSS IteCnS
Report of Management Company
Laura Sheak, Housing Manager said she provided the board with reports for the
months of April through September and asked if there were any questions. There were
none.
Diehm stated she appreciates the additional information that Sheak provides; the
calendar and schedule of events, it is very helpful.
Resident Council Minutes
Denny Ecklund Jr. gave the board an update of the activities that are coming up and
that the Bazaar brought in a total of $2, 950.
Citizen Forum
Resident, Lynn Miner, Unit 202, stated she has a complaint about the school behind
Parkview Villa. Kids play in the alley, so there is constant noise. Diehm directed Clark
to talk to the Police Department and the owner of the school about these issues and
report back to Sheak what he finds out.
Sheak asked residents to let her know when they file a report with the Police report, so
she can keep track of the incidents.
Resolution 2008-06, Adopting the Proposed 2009 Budget for Parkview Villa North
Wilcox-Erhardt stated the proposed 2009 budget for Parkview Villa North is $619, 939,
whit:-i in%ii,ideS $17 C, ES2o° ur CSpitai viitiaji5. Tile available ba{an~e of the 20x7 a^r~d
2008 CFP funds is $172,143. Supplies and services are generally held at the 2008
budgeted levels. Management services include the North portion of the approved
Management Agreement. Utility increases have been budgeted at 5% for electric and
gas, 3% for sewer and 2 % for water. The total proposed revenue is $581, 007, which
includes rents of $294, 200, HUD's operating subsidy of $270, 000, CFP Funds of
$172,143, lnvesfinent Income of $5, 000 and other miscellaneous charges are
approximately $11,000,
Motion by Kelzenberg, second by Ecklund to waive the reading of Resolution 2008-06,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Kelzenberg; second by Ecklund, to Adopt Resolution 2008-06, a Resolution
of the Housing and Redevelopment Authority in and for the City of Columbia Heights,
adopting the 2009 Parkview Villa North Budget of $619,939 and recommending this to
the City Council for approval. All ayes. Motion Carried.
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Housing & Redevelopment Authority Minutes
October 28, 2008
Page 4 of 8
NRA RESOLUTION 2008-06
RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITYADOPTlNG THE 2009 BUDGET FOR PARKVtEW VILLA
NORTH.
BE IT RESOLVED Sy the Columbia Heights Housing and RedevelopmentAuthority (HRA) of Columbia Heights, Minnesota as follows:
WHEREAS, Parkview Villa North (PVVN), a 101 units rental apartment building, was constructed in 1975 for the purpose of providing
affordable housing to seniors and disabled persons.
NOW, THEREFORE 8E lT RESOLVED BY THE HRA FOR THE GITY OF COLUMBIA HEIGHTS, MINNESOTA THAT:
1. The HRA adopts and recommends to the City Council for approval the 2009 Parkview Villa North budgef of $619,939.
The Executive Director is instructed to transmit a copy of this resolution to the City Manager and City Finance Director of the City of
Columbia Heights, Minnesota.
Resolution 2008-07, Proposed 2009 Budget for Parkview Villa South
Wilcox-Erhardt stated the proposed 2009 budget is $272, 450, which represents a 1 %,
or a $933 increase over last year's budget. We feel that we can stay within out
expenditures. Management services decreased by approximately $5,300, but was off-
set by asimilar amount of increase in utilities and insurance. Supplies and services are
expected to remain about the same as 2008 or have minimal increases. Utility costs
increases are budgeted at 5% for electric and gas and 2% for water and sewer. The
proposed revenues are $312, 678, which includes rents of $308,179, investment income
of $2, 500 and other miscellaneous charges. The rent revenue reflects the increase
proposed on the rent schedule approved and initiated by the HRA.
Nawrocki asked what the rent increase policy that was adopted years ago. Sheak
stated the policy used a 4.35% increase for renters that have not paid the market rate.
Clark statea star'f would like to bring this item ber`ore the boas' next yeai:
lVawrocki asked why there isn `t anything budgeted for interdepartmental labor. Clark
stated the way this worked for the last few years was that we use to take the
interdepartmental labor services and divide it between the /North and South budgets.
That number showed up under line item 3050. Then at the end of the year, with the
final reconciliation of the budget, the Finance Department would take that number and
put it back under line item number 1070. He felt it was more transparent to the process
to take the actual numbers for interdepartmental services and put them under the 1070.
Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2008-07,
there being an amount of copies available to the public. All ayes. Motion Carried.
Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2008-07, a Resolution
of the Housing and Redevelopment Authority in and for the City of Columbia Heights,
adopting the 2009 Parkview Villa South Budget of $272,450 and recommending this
budget to the City Council for approval. All ayes. Motion Carried.
2a
Housing & Redevelopment Authority Minutes
October 28, 2008
Page 5 of 8
HRA RESOLUTION 2008-07
RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADOPTING THE 2009 BUDGET FOR PARKVIEW
VILLA SOUTH.
t3E IT RESOLVED ey the Columbia Heights Housing and Redevelopment Authority (HRA) of Columbia Heights, Minnesota as follows:
WHEREAS, the City had constructed in 1991 Parkview Villa South (PVVS), a 45-unit rental apartment building, for the purpose of
providing housing for low-income seniors age 55 and older.
NOW, THEREFORE BE IT RESOLVED BY THE HRA FOR THE CITY OF COLUMBIA HEIGHTS, M-NNESOTA THAT:
9. The HRA adopts and recommends to the City Council for approval the 2009 PVVS budget of $272,450.
The Executive Director is instructed to transmit a copy of this resolution fo the City Manager and City Finance Director of the City of
Columbia Heights, Minnesota.
Approve 5th Floor Modernization Bids
Lisa Wilcox-Erhardt stated this is very exciting to see this project finally get off the
ground. She introduced Brian Hon, construction manager to explain this item.
Hon stated they had a walk through back in September with contractors. Unicorp is
again the lowest bidder. The remodeling would include new entry doors, kitchen
cabinets, appliances, lighting, countertops, bathroom vanities, kitchen and bathroom
faucets, etc., plus new carpeting in the hallways. The bids were advertised in seven
different newspapers, which resulting in a total of five bids received. The four lowest
bids received were: 1) Unicorp at $902, 600; 2) Lund Martin Construction at $119, 800;
3) Prestige Builders at $123, 900; and 4) Berg Construction Services at $77, 911. Berg
Construction sent in a letter withdrawing their bid on October 1, 2008. What isn't in the
bids is tha cost of the new appliances. I-le will have those figures next week. Staff
recommends approval of the Contract with Unicorp.
Diehm asked what would be the difference in the bids for the 5t" floor versus the other
floors. Hon stated they are allowing more space between both appliances. Wilcox-
Erhardt stated they are also switching out the range hoods.
Resident, Terry White, Unit 509, asked what the time line would be for the construction
to start. Hon stated construction would start sometime in November.
Nawrocki asked what was the reason that the bidder bid so Iow. Hon stated they did not
bid correct materials for the cabinets and exterior doors. Nawrocki stated he felt the
board should have a board action to record the withdrawal.
ltllotion by Nawrocki, second by Kelzenberg, to formally acknowledge the withdrawal of
their bid and the non-response to our bid package. All ayes. Motion Carried.
Motion by Nawrocki, second by Kelzenberg, to Approve the bids and award the
Contract to Unicorp for Phase 5, of Parkview Villa North Apartment Modernization
Project to Unicorp far an amount not to exceed $102,60Q; and furthermore, to authorize
the Chair and Executive Director to enter into an agreement for the same. All ayes.
29
Housing 8c Redevelopment Authority Minutes
October 28, 2008
Page 6 of 8
Motion Carried.
Housing Choice Voucher Program for Parkview Villa South
Clark stated in a discussion with CommonBond staff it was decided that we would like
direction regarding the ability to rent units in Parkview Villa South to individuals that
would use the Section8 Voucher Pragram. The Voucher program provides rental
assistance where: 1) a renter pays an amount equal to 30 percent of their adjusted
income; and 2) the landlord (the HRA) receives from Metro HRA an amount equal to the
difference between 30% of the renter's adjusted income and the base rent for a given
unit. The subject would receive the same rent, albeit from two different sources. If the
board wants to initiate this program, the next question would be how many units to
make available to this program. We would suggest a cap of five units. We view that the
HRA would have to amend the admissions policy to reflect the change plus
memorializing any unit limitations. The only thing different would be to open up the
eligibility for renters with a Section8 Voucher to be eligible for the units.
Nawrocki asked if this was a different type of housing than we have in the North
building. Clark stated yes. There are three types of housing; a PHA program, section 8
housing and the housing choice voucher. Nawrocki asked if current residents could
apply for this. Clark stated they could if Metro HRA would open the waiting list. Clark
stated there are hundreds of people that currently have a Section 8 Voucher who could
apply to the rent fhe units.
Sheak gave an example. At one point there wasn't anyone on the south waiting list. A
gentlemen came in with a Section 8 Voucher that could pofentially rent in the south
building, as he was a Columbia Heights resident, but he could not because we didn't
r it r=--- r.-_r_ ... i ... t.....' 6,F ~1... 1`J f;Il
nave it%ls progrcd%~l !n pldt~C. CId/K What We are dfscussillg lVlrlg-1l Is carat v/e %ouru rrrr
the vacancies in the south building with the addition of this program with a limit of five
units.
Diehm stated we aren't looking at changing the age or admissions policy, but are
looking to open the five units to Section 8 residents to help with the rental process. She
then suggested staff bring back to the board a sample contract with information about
how the program works.
Motion by Kelzenberg, second by Ecklund, to direct staff to bring back to the board
information from Metro HRA about a potential Contract, how it works, and what other
entities allow for this program; 3% or 5% of the units, for Parkview Villa South to use the
Housing Choice Voucher Program. All ayes. Motion Carried.
30
Housing & Redevelopment Authority Minutes
October 28, 2008
Page 7 of 8
Laundry Proceeds Policy Discussion
Sheila Cartney, Assistant Community Development Director stated in 1999, the HRA
adopted a Cash Management Policy for the laundry proceeds at Parkview Villa. The
policy ensures a consistent manner of which the cash is handled in the Parkview Villa
office. At that time, the City was operating and managing the facility and laundry
proceeds were minimal and collected every three months. Currently, due to the
increase in cost and use, the money is collected monthly. CommonBond collects the
coins, deposits them in the bank and then issues a cashiers check to the Resident
Council for half the proceeds. Common8ond's policy is that they cannot issue a check
to the Resident Council because they do not have a tax lD number. We want to update
the policy and would like the HRA to get a report of expenditures. Staff is also unaware
of any records kept by the Resident Council of laundry proceeds including deposits and
expenditures. The proposed amendment would require quarterly reports to
management and annual reports to the HRA.
Nawrocki asked how much money do they get. Sheak stated the Resident Council
receives an average amount of $10,220 and the rest is used for electricity, water,
repairs, and replacement of the machines if they can't get them fixed using
maintenance staff.
Diehm directed Cartney to prepare an updated policy far board review at their next
meeting.
Administrative Resorts
Snow Removal Par king Agreement
Cartney stated in the past residents have been able to park in the parking ramp at 590
40t"Avenue while the snow has been removed at Parkview Villa. The ramp has been
sold to Stadium Village Properties. They will let residents, park in the southeasf corner
of the lower level of the ramp. Residents are not guaranteed a parking spot in the
designated area as the ramp is and has been on a first come, first serve basis.
Stadium Village Properties prefers no overnight parking. Sheak will be providing a map
of the area were residents can park in the coming weeks.
Letter from Robert Alsop regarding tenant inquiry
Diehm stated this item was regarding a letter received by the board months ago, from a
resident addressing some issue on the bidding process for management of Parkview
Villa. The document was given to our City Attorney, who has provided a letter to the
board stating his findings. The letter states the board might want to consider
preparing guidelines for future RFP's in order to educate both the Commissioners and
the residents as to the proper procedures for requesting, reviewing and selecting
proposals ir7 these situationsa Diehm directed staff to put prepare guidelines.
Nawrocki stated the minutes should say thaf the investigation by the attorney turned up
with no convictions that apply. Diehm directed staff to make sure that text was placed in
the minutes,
31
I lousing & Redevelopment Authority Minutes
October 28, 2008
Page 8 of 8
Motion by Diehm, second by Kelzenberg, to direct staff to prepare guidelines for future
RFP's in order to educate both the Commissioners and the residents as to the proper
procedures for requesting, reviewing and selecting proposals. All ayes. Motion Carried.
Other Business
Diehm stated the next HRA meeting, will be held on Tuesday, January 27, 2009.
Diehm asked if Common8ond was checking out the contractors that bid for the
modernization contract, as from the last audit, the City was made aware that we should
be checking them out on the HUD approved contractors list prior to approving the
contract. Wilcox-Erhardt stated CommonBond does this.
Clark stated City staff has been checking contracts and has developed a form to
document the findings.
Adjournment
Chair, Diehm adjourned the meeting at 8:29 p.m.
Respectfully submitted,
Cheryl Bakken
Recording Secretary
H:UiRAMinutes 2008110-28-2008
32
Economic Development Authority (EDA)
Special Meeting Minutes
December 8, 2008
CALL TO ORDER/ROLL CALL
President, Gary L. Peterson called the meeting to order at 6:55 p.m.
Present: Gary L. Peterson, Tammera Diehm, Bruce Kelzenberg, Bruce Nawrocki, Bobby
Williams, Gerry Herringer.
Absent: Maclaine Szurek
Staff: City Manager, Community Development Director, Assistant Community Development
Director
PLEDGE OF ALLEGIANCE
Res 2008-16, Approving the Terms of Interfund Loan in Connection with K-Mart/Central
Avenue TIF District
Staff ilztroduced the resolution before the EDA to approve teens of an Interfund Loan in
connection with K-mart/Central Avenue TIF district. The interfund loan is for the purchase of a
duplex located at 4636 Polk Street.
Motion by Diehm, second by Kelzenberg, to waive the Readu1g of Resolution 2008-16, there
being an ample amount of copies available to the public. All ayes. Motion Carved.
Mohan by Diehm, second by Kelzenberg, to Adopt Resolution 2008-16, a Resolution Approving
the terms of an lilterfund Loan in connection with K-MartlCentral Avenue TIF District.
Discussion: Nawroclci commented that it is premature to use these funds. He is not sure if we
should buy the property at 4636 Polk Street. Clark explained the language of the resolution.
Upon Vote: Peterson- aye, Herringer-aye, Kelzenberg -aye, Williams -aye, Nawroclci -nay,
Diehzn-aye. Motion Carried.
RESOL UTION NO.2008-16
APPROVING THE TERMSOFBJTERFUND LOAN
INCONNECTION N~THK--ATART/CENTRAL AVENUE
TIFDISTRICT
BE IT RESOLVED BY THE BOARD OF COA~MISSIONERS OF THE COLU~LIBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY (THE 'AUTHOR/TI"J ASFOLLOIVS:
Section 1. Background.
1.01. .The Authority and City of Columbia Heights ("City) have established the K MartJCentral Avenue Tax Increment Financing
District (the 'TIF Dish~ct) within the Central Business District Redevelopment Project (the 'Project'), mTd have adopted a tax increment frnmtcing
plan ("TIFPIan )for the purpose offrnancing certain improvements within the Project.
1.02. The Authority or City may incur certain costs related to the TIF Dish•ict or Project, i+~hich costs may be frrimrced on a
temporary 6asisfront available Authority or Cityfunds.
J.03 77ae City, using available City funds, lruends to acquire certain property in the City located at 4636 Polk Street (tlae
"Property') within the Project, all or a portion of which Property the Authority or City n:ay use to further redevelopment of the Project.
33
1.04. The Property is not currently within the TIFDistrict, but the Authority intends to expmtd the TIF District boundaries to include
Phe Property, as such expmrsion mitt further the Authority's redes~elopment goals and objectives.
1.05. The Authority intends to reimburse the City for the cost ofacquisition of the Properly, closing costs, and demolition (together, the
"Oual~ed Costs) from !ax increments derived from the TIF District in accordance with the terms of this resolution (which term are referred to
collectively as the "TZFLoan ).
Seaton 2. Terms a,~TIFLoan.
2.01. Subject to the conditions described in Section 2.D7, the Authority shall repay, to the City fund from which the Qualified Costs are
aaifially paid or advmrced the principal amount of funds advanced not to exceed 8116,500 together i+~ith interest on the principal amount advanced
accruingfrmn the date of each initial expenditw•e or advance. For expenditw~s made irr 2008, the interest rate shalt be 8.0%, which is the greater of
(aJ the rate specified under Minnesota Statutes, Section 270C40 or (b) the rate specified carder Minnesota Statuses, Section 549.09 for 2008. For
expenditures made in 2009, the interest rate shall be reset to the greater of (a) the rate specified under Mimnesota Statutes, Section 270C.40 or
(b) the rate specified under Minnesota Statutes, Section 549.09 for 2009.
2.02. Principal and interest ("Payments') shall be paid semi-armually on each .August 1 mrd February 1 ("Payment Dates J,
canvnencirtg on the first Pa~mrent Date after the first advance of Qual f ed Costs and continuing through the earlier of (a) the date the principal and
accrued interest of the TIF Loan is paid in felt, or (b} the date of last receipt of tax increment from the TIF District. Payments a+~ill be made nz the
amount and on/y to dre extent of Available Tax Increment as hereinafter defined Payments stroll be applied first to accrued interest, and their to unpaid
principal. Interest accruingfron: the date of each expenditure to the fast Payment Date shall be compounded semimrnually on February 1 mrd August 1
of each year and added to principal, unless othenwise specifred by the Executive Director.
2.03. Payments on this TIF Loma are pa,7rable solely from 'Available Tax Increment,"awlrich shall mean, on each Payment Daie, all of
the tax increment generated in the preceding six (6) months with respect to the property within the TIF' District and remitted to the Authority by Anoka
County, after deduction of may tax increment allocated to administrative expenses, all in accordance iwtfh Minnesota Statutes, Sections 469.174 to
469.179. Payments orr dais TIF Loan are subordinate to arty outstanding ar future notes or obligations issued to developers or third parties secured in
whole or in part with Available Tax Increment, arrd are on parity iwith may other outstanding or future interfund loans secured ira whole or in part r++ith
Available Tax Increment.
2.04. 77Te prnrcipal sum and aU accrued interest pa~xtble under this TIF Laan are pre payable in whole or in part at arty time by the
Authority rvithoad premium or penalty. No partial prepa~mrent shall affect the amount or timing of arr~+ other regular payment otherwise required io be
made wader this TIFLoan.
2.05. T7iis TIF Loan is evidence of an internal borrrnwing by the Authority nr accordance with Minnesota Statutes, Section 469.178,
subdivision 7, and is a limited obligarian payable solely from Available Tax bacrernent pledged to the payment hereof under !Iris resolution. This TIT
Lomr and the interest hereon shall not be deemed to rnrzstitute a general obligation of the State of Minnesota or arty political subdivision thereof,
nrcluding, without limitation, the City. Neither the State of Mmnesota, nor mry pohdcal subdivision thereof shall be obligated to pay the principal of or
interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and crndit nor the taxing prnver
of doe State of Minnesota or arty political subdivisior thereof is pledged to the paynrerrt of the principal of or interest on this TIF Lama m• other costs
incident hereto. The Authority shall have rao obligation to pay arty principal amount of the TIF Loma or accrued interest thereon, i++hich »ray remain
unpaid after doe, final Payment Date.
2.06. Tlae Authority may amend the terms of this TIFLoan at arty fine by resolution of the Board including a deterninaNon to forgive
the outstanding principal amount and accrued interest to the ealerat permissible under lm++.
2.07. Nohwithstanding anything to the contrar y herein, as a condition to making any payment wader the TIF Loan, the Audrarity shall
approve, and obtain City approval of a mod~catimz of the TIF Plan to include the Property a++ithin the TIFDistrict area.
Section 3. Effective Date. This resolution is effecfive upon the date of its apprwaL
Adopted dais 8" day of December, 2008.
Act g RecordilZg Secretary
Sheila Cartney, Assistant Community Development Director
34
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
JUNE 2, 2008
CALL TO ORDER
The meeting was called to order by Chairperson Carlson at 6:03 p.m.
ROLL CALL
Members present: Anderson, Carlson, Doty, Goodman, Sturdevant
Staff present: Kathy Young, Assistant City Engineer
Scott Nadeau, Police Chief
Members absent: None.
Council Liaison: Bruce ICelzenberg, present
L APPOINTMENT OF SECRETARY TO THE TRAFFIC COMMISSION
Motion by Carlson seconded by Anderson, to appoint Carol Broermann as Secretary to the Traffic
Commission. Motion passed unanimously.
II. APPROVAL OF MINUTES
Motion by Carlson, seconded by Anderson, to approve the minutes of March 3, 2008, as presented.
Motion passed unanimously.
Iii, C1L.I,l Fti,JCINE.C$
Commissioner Carlson asked if the stop signs installed on 39"' Avenue could be turned. Kathy Young said
staff stated it couldn't be done because of sign placement requirements.
IV. OTHER OLD BUSINESS
None.
V. NEW BUSINESS
Ao l'sE~UEST TO CONSTRUCT A DEDICATED TURN LAI`:E ON 49'x' P.VENUE BETt~lEEN
FILLMORE STREET AND JOHNSON STREET
Mr. Howard Seim of 1425 Molars Terrace requested a dedicated turn lane be designated on
49`x' Avenue between Fillmore Street and Johnson Street. The turn lane has the potential to allow
through traffic to continue east bound or west bound on 49°i Avenue when school is in session or
when there are special events at the school.
49"' Avenue is a County State Aid Highway and under tl~e jurisdiction of Anolca County. Provided
the Traffic Commission and City Council approve the request, staff will request Anoka County do
a traffic study of the area to add a dedicated turn lane.
35
Traffic Commission Agenda
,Tune 2, 2008
Page 2
Mr. Seim summarized the problems of traffic congestion in this area with 49`x' Avenue dividing the
school district and traffic being congested during school and special events. He outlined several
possible solutions but thought that adding a horn lane by eliminating two blocks of parking would
be the easiest and most cost-effective way to reduce the traffic problem. Chief Nadeau spoke with
school staff and ran an accident report for this area. Accidents weren't a problem, but school staff
raised concerns about traffic congestion when special events or school events are going on. Chief
Nadeau liked the proposal of removing 12 parking spots to create a tl~rn lane. Commissioners
Anderson, Carlson, Doty, and Couneilmember Kelzenberg concurred with this option.
Commissioner Goodman favored the idea but thought a traffic study should be done by the County
to determine if this is a feasible option. Commissioner Sttirdevant felt traffic congestion was only
a problem during special events and thought traffic control could be achieved through the use of
traffic police at those times.
Motion by Goodman and seconded by Anderson to request a traffic study from Anoka County for
49`'' Avenue NE from Filhnore Street to Johnson Street to add a dedicated horn lane by reducing
the parking zone for two blocks. Upon Vote: Commissioner Anderson -Yea, Commissioner
Carlson -Yea, Commissioner Doty -Yea, Commissioner Goodman -Yea, Commissioner
Sturdevant -Nay. (4-Yeas, 1-Nay -Motion Carried)
B. REQUEST TO INSTALL 10 MPH SPEED SIGNS AT THE ALLEY ENTRANCES NORTH OF
PARKVIEW LANE
Mr Kalinoski has requested a 10 m.p.h, speed limit sign be installed at the alley entrance adjacent
to his property. His concern is the speed of traffic.
This alley is not typical, because it provides access to the parking lot for the rental units along 47'x'
Avciitie. Staff rcCvimn"ieiidS Specd liiiiit5 $igiiS be posted at tiie vr`eSt aid the east alley e;7tral.~es.
Commissioner Carlson asked if the 10 M.P.H. sign was in all alleys. Kathy Young, Assistant City
Engineer clarified signs were installed on a request basis.
Motion by Stt~devant seconded by Anderson, to instal] the 10 m.p.h. speed limit signs at the alley
entrances adjacent to 1401 and 1465 Parkview Lane, as presented. Motion passed unanimously.
VII. OTHER NEW BUSINESS
None.
VIII. REPORTS
A. CITY ENGINEER -None
B. POLICE CHIEF -Chief Nadeau relayed to the coirnnission that reports on traffic accidents could
be provided to them by area per their request.
C, COMMISSIONERS -None.
36
Traffic Commission Agenda
June 2, 2008
Page 3
IX. ADJOURNMENT
Motion by Sturdevant, seconded by Goodman, to adjourn the meeting at 6:50 p.m. Motion carried
unanimously.
Respectfully submitted,
~~z~~ ~3if~~~~~c~
Caro( Broermann
Traffic Commission Secretary
37
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of: February 9, 2009
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL
ITEM: Establish Date for BY: Walt Fehst BY:
Annual Board of Review DATE: February 3, 2009 DATE:
NO:
Anoka County has requested that we select the date for the required annual Board of Review.
The tentative date is Monday, April 6, 2009 at 6:00 p.m. in the City Council Chambers.
Staff recommends the Council adopt the following motion:
Recommended Motion:
Move to establish the Local Board of Review meeting date for Monday, April 6, 2009, at 6:00
p.m. in the City Council Chambers.
COUNCIL ACTION:
38
CITY COUNCII. LETTER
Meeting of: 2/9/09
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION 2009-25 ACCEPTING THE BY: K. Hansen BY:
FEASIBILITY REPORT FOR ZONE 4 ALLEY DATE: 2/5/2009 DATE:
RECONSRUCTION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROTECT NO. 0902
Background:
Staff has developed preliminary plans and prepared the Feasibility Report for alley reconstruction located in
the Street Rehabilitation Zone 4. The 2009 Zone 4 Project Area is bounded by University Avenue on the
west and Central Avenue on the east, 48th Avenue on the south and extends to 53`d Avenue at the North
Corporate Limit.
.Analysis /Conclusions:
Attached is the Feasibility Report that details the scope of work for Alley Reconstruction for the alley
located between Central Avenue and Jackson Street from 49th Avenue to SOt" Avenue in Zone 4. Particular
issues are summarized below:
1. Reconstruction:
The alley was originally constructed over 30 years ago. The current condition of the alley is poor, and with
the recent redevelopment of the businesses along this segment of Central Avenue it is expected to increase
the through trips, including heavier delivery and garbage trucks.
2. Utilities Replacement:
Utilities have been reviewed in the alley and staff is recommending replacement of water main due to
numerous breaks. The water main was installed in 1900. Staff utilized the history of water main breaks, age
of water main and services, and previous engineering reports in determining utility replacements.
3. Assessment Methodology:
The residential property to the west of the alley do not have any access and are separated from the alley by a
fence owned. by the commercial. properties and are not proposed to be included in the assessment for the
reconstruction. It is proposed that the commercial properties abutting the alley to the east that use and have
direct access to the alley be assessed for the reconstruction.
Past practice has used a unit basis assessment methodology in reconstruction areas. Staff has also developed
a front foot rate and in this case it may be preferable as the use and access is ail comparable for the
commercial/retail properties proposed to be assessed.
Continued -Page 2
COUNCIL ACTION:
39
CITY COUNCIL LETTER
Meeting o£ 2/9/09
AGENDA SECTION: CONSENT' AGENDA ORIGINATING DEPARTMENT:
PUBLIC WORKS
ITEM: RESOLUTION 2009-25 ACCEPTING THE BY: K. Hansen
FEASIBILITY REPORT FOR ZONE 4 ALLEY DATE: 2/5/2009
RECONSRUCTION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 0902
CITY MANAGER
BY:
DATE:
4e Scope of Work:
Allen Reconstruction
The proposed alley would consist of a 14' cross section including concrete curb and gutter along the west
side. The surfacing would be concrete or bituminous. The bituminous section has been designed to a 9-ton
section for heavier trucks such as delivery and garbage and would match the section already reconstructed
when Taco Bell was redeveloped in 2007/08.
Utilities
Water main replacement is proposed for the northerly 480' of the alley. Staff is not anticipating any water
services will need to be replaced. Inoperable stop boxes will be repaired/replaced as required.
Screening Fence
A requirement of commercial property is to provide screening when abutting residential property. The
existing screening is a chain link fence with filler slats inserted, in poor shape. A new cedar wood fence is
proposed for this length and is included in the construction cost estimate.
5, Finanlci~a: A,1~ey Recooslru~ct~ao lone 4:
The commercial properties are responsible for 100% of the alley reconstruction.
The estimated construction costs are as follows:
1. Concrete alley:
2. Bituminous alley:
3. Utilities:
$ 139,500.
$ 116,250.
$ **
Project funding is proposed as follows:
Assessments -Concrete alley: $ 139,500.
Assessments -Bituminous alley $ 116,250.
Water Construction Fund: $ **
The costs and associated. funding for utility work (**) will be further developed during the final design.
Continued -Page 3
COUNCIL ACTION:
40
CITY COUNCIL LETTER
Meeting of: 2/9/09
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT'
PUBLIC WORKS
ITEM: RESOLUTION 2009-25 ACCEPTING THE BY: K. Hansen
FEASIBILITY REPORT FOR ZONE 4 ALLEY DATE: 2/5/2009
RECONSRUCTION AND ORDERING THE PUBLIC
IMPROVEMENT HEARING, CITY PROJECT NO. 0902
CITY MANAGER
BY:
DATE:
6. Past Assessments:
There are no properties affected by this improvement that have had past assessments in the last 10 years.
7. Concurrent Projects: Proposed Zone 4 Street Rehabilitation Projects
8. Meeting Dates:
Staff has established the following meeting dates:
Public Hearing:
March 2, 2009
Because of the small number of parcels affected by the proposed improvements, staff would meet on
an individual basis with the property owners to address any questions or concerns.
Recommended Motion: Move to waive the reading of Resolution 2009-25, there being ample copies
available for the public.
Recommended Motion: Move to adopt Resolution No. 2009-25, which accepts the Feasibility Report for
Zone 4 Alley Reconstruction, City Project No. 0902, and calling for the Public Improvement Hearing
~ieair~rZinu at h;"~n m nn Marr.h 2 7nn9
KH:cb
Attachments: Resolution 2009-25
Feasibility Report
Map
COUNCIL ACTION:
41
RESOLUTION N0.2009-02
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 4
ALLEY RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT
HEARING, CITY PROJECT N0.0902
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the
City into seven separate zones, and
WHEREAS, a report has been prepared by the City Engineer with reference to the Zone 4 Alley
Reconstruction, and
WHEREAS, Zone 4 Alley Reconstruction is bounded by Central Avenue to Jackson Street,
from 49`" to 50`h Avenues, and
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and cost effective, and
Said report is hereby received by the City Council of Columbia Heights on February 9, 2009.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report
and the assessment of abutting or benefited property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $139,500.
2. A public hearing shall be held on such proposed improvement on the 2°d day of March,
2009, in the City Council Chambers at 590 40`h Avenue N.E. at 6:30 P.M. and the City
Clerk shall give mailed and published notice of such hearing and improvement as
required by law.
Dated. this 9th day of February, 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMG
City Clerk
42
City of Columbia Heights
FEASIBILITY REPORT
FOR
2009 ALLEY ~~ECONSTRUCTION
INIPT~OVEI~IENTS:
Zone 4
CITY PROJ~i;~ 0902
FEBRUARY, 2009
ENGINEERING DEPARTMENT
637 3~`h Avenue NE, Corumbia Height,, MN 55421
763-706-3700 763-706-3701 (Fax)
43
ALLEY RECONSTRUCTION IMPROVEMENTS
COLUMBIA HEIGHTS, MINNESOTA
ZONE 4 -PROJECT NUMBER 0902
LOCATION: ZONE 4 -AREA BOUNDED BY
UNIVERSITY AVENUE SERVICE DRIVE TO CENTRAL AVENUE,
48T'-'AVENUE TO 53RD AVENUE
This feasibility study includes an analysis of proposed alley reconstruction within
Zone 4.
IMPROVEMENTS: Alley Reconstruction -
Concrete curb and gutter (west side), granular sub-base if needed, new aggregate
base and new concrete or bituminous surfacing and new fence.
Utility Construction -
Water main construction to improve or maintain the distribution system. Storm
sewer replacements and repairs as required. to maintain the collection system.
INITIATION: City Council in accordance with the Street Rehabilitation Policy.
OWNERS Allen Reconstruction
ABUTTING 1. Jackson Street to Central Avenue, 49`" Avenue to 50`" Avenue (4)
AND 1 ~,PACTED:
ISSUES: The following is a study of the key project issues.
Allen Reconstruction
The proposed alley would consist of a 14' cross section including concrete curb
and gutter along the west side. The surfacing would be concrete or bituminous.
Utilities
Water main replacement is proposed for the northerly 480' of the alley. This
section has recorded 6 water main breaks. There have not been any breaks in the
southerly end of the main. Staff is not anticipating any water services will need to
be replaced. This is based on the age of homes and businesses (built after 1950).
The type and size of water service is field verified during construction. Any
water service other than 3/ " or larger copper is replaced. Inoperable stop boxes
will be repaired/replaced.
1
44
Screening
By City code, commercial/retail property is required to provide screening when
adjacent to residential property. The existing screening is provided by a chain link
fence with filler slats placed, in poor condition. A new cedar wood fence is
proposed to replace the chain link fence and provide the required screening.
FEASIBILITY: The proposed improvement project is necessary to provide consistency with the
street rehabilitation policy, cost-effective with the inclusion of partial city funding
for utility work, and technically feasible as prescribed in the construction
recommendations found elsewhere in this report. The project and project
elements should be implemented as proposed in this study. The improvements,
once completed, will provide a benefit to the properties served.
SCHEDULE: Construction is scheduled to begin in late spring of 2009, with substantial
completion occurring in the late summer of 2009.
Council receives draft Feasibility Report February 2
Council receives final Feasibility Report and orders Public Improvement Hearing February 9
Public Improvement Hearing and Council orders Public Improvement Project March 2
Council Approves Plans and Specifications, Authorizes Advertisement for Bids March 9
Bid Opening April 21
Council Awards Contract April 27
Begin Construction May 18
Construction Completed August 28
FINANCING: Financing would be a combination of assessments to benefitted properties and
utility funds.
The estimated construction costs for each option are as follows:
Type of Construction Proposed Assessments
Alley Reconstruction -Concrete $ 139,500.
Alley Reconstruction -Bituminous $ 116,250.
The assessments reflect a flat fee of 10% of the construction cost included in the
amount to assess for a portion of the Engineering and Administration costs.
Percentages proposed to be assessed for street rehabilitation are consistent with
the policy followed under each of the prior street rehabilitation zones. Utility
work performed as part of the Zone 4 project will be paid for from the appropriate
utility fund.
ASSF,SSM[ENT: Assessments will be in accordance with the City's Street Rehabilitation
resolution, policy and past practice. Assessments can be based on a per foot basis
or a parcel basis. As only commercial/retail property is involved, a front foot rate
may be the method to calculate assessment to the affected parcels.
2
45
2009 IMPROVEMENT PROGRAM
COLUMBL~ HEIGHTS, MINNESOTA
ESTIMATED ASSESSMENTS -PROJECT N0.0902
ZONE 4 ALLEY RECONSTRUCTION
(Section 26, T30N, R24Vt~
I. ALLEY RECONSTRUCTION
CONCRETE ALLEY
Estimated Cost:
Assessable Construction Cost:
Assessable Cost per Alley Footage:
Estimated Assessed Cost per Parcel:
4910 Central
4920 Central
4950 Central
BITUMINOUS ALLEY
Estimated Cost:
Assessable Construction Cost:
Assessable Cost per Alley Footage
Estimated Assessed Cost per Parcel:
4910 Central
4920 Central
4950 Central
$ 139,500.
$ 139,500.
$300.00 per L.F.
$ 33,600.
$ 36,900.
$ 69,000.
$ 116,250.
$ 116,250.
$250.00 per L.F.
$ 28,000.
$ 30,750.
$ 57,500.
3
46
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LEGEND
Full Alley Reconstruction
Water Main Replacement
d
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~ CITY OF COLUMBIA HEIGHTS
I--'
W GIS !ENGINEERING DEPARTMENT
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ap
a
e: January, 2009
U Map Author: K Young
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting o£ February 9, 2009
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2009-23, Second BY: Sheila Cartney BY:
Amendment to Amended and Restated Contract for DATE: February 3, 2009
Private Redevelopment-Huset Park
BACKGROUND•
On October 25, 2004 the City, EDA and Huset Park Development Corporation entered into contract for private
redevelopment of the "Industrial Park." On August 1, 2007 the same parties agreed and entered into an Amended
and Restated Contract for Private Redevelopment.
The "Minimum Improvements" in the contract is broken out into phases and includes three different housing
types and one commercial space. According to the contract there are to be a total of 277 townhouse units, 50
senior units, and 183 condominium or cooperative housing units and 11,650 square feet of commercial space.
Due to the down turn in the housing market and economic conditions, Schafer Richardson has requested
completion date amendments to the development contract. The following table represents the amendments
requested per phase. Section 4.3(c) states "if the Redeveloper is making substantial progress with respect to the
redevelopment project, and is unable to meet one or more of the above-referenced deadlines, the Authority and
Redeveloper shall negotiate in good faith for a reasonable period to extend the time in which necessary action(s)
must be taken or occur, the lapse of which time would otherwise constitute a default of this Agreement."
Phase Ori final Date Pro osed Date
IB Housin Com Iete b 12/31/2008 Com lete b 4/30/2011
IIA Housin Com lete b 4/30/09 Com lete b 6/1/2010
IIB Housin Com lete b 12/31/09 Com lete 7/]./2012
IIIA Housing and
Commercial Commence by 12/31 /08 complete by 12/3 U2010 Commence by 4/I/2010 Complete by
4/1/2012
IIIB Housing Commence by 12/31/2010 complete by 12/31/1012 Commence by 12/31/2012 complete by
12/31/2014
IIIC Housing Commence by 12/31/2012 complete by 12/31/2014 Commence by 12/31/2014 complete by
12/31 /20I
The EDA reviewed the proposed amendment at their special meeting of February 9, 2009.
RECOMMENDATION: Staff recommends the City Council Adopt Resolution 2009-23 to amend the
redevelopment contract as requested to change commencement and completion dates for the Huset Park/Parkview
Redevelopment.
RECOMMENDED MOTION:
Motion: Move to waive the reading of resolution 2009-23, there being an ample amount of copies available to the
public.
Motion: Move to Adopt Resolution 2009-23, a Resolution Approving a Second Amendment to Amended and
Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority,
the City of Columbia Heights and Huset Park Development Corporation; and furthermore, to authorize the Mayor
ar~d City Manager to enter into an agreement for the same.
Attachments: Resolution, Amendment, Pro'ect a date from Shafer Richardson, Phase Ma
COUNCIL ACTION:
48
CITY OF COLUMBIA HEIGHTS
RESOLUTION N0.2009-23
RESOLUTION APPROVING A SECOND AMENDMENT TO AMENDED AND
RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF
COLUMBIA HEIGHT'S AND HUSET PARK DEVELOPMENT CORPORATION
BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights,
Minnesota ("City") as follows:
Section 1. Recitals.
1.01. The Columbia Heights Economic Development Authority ("Authority") has
determined a need to exercise the powers of a housing and redevelopment authority, pursuant to
Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the
Downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota
Statutes, Sections 469.001 to 469.047 ("HRA Act").
1.02. The Authority, the City and Huset Park Development Corporation (the
"`Redeveloper'") entered into a into a Contract for Private Redevelopment dated as of October 25,
2004, as amended by a First Amendment thereto dated June 16, 2008 (the "Contract"), setting forth
the terms and conditions of redevelopment of certain property within the Redevelopment Project,
generally located east of University Avenue and south and west of Huset Park .
1.03. The parties have determined a need to modify the Contract in certain respects, and
have caused to be prepared a Second Amendment to Amended and Restated Contract for Private
Redevelopment (the "Amended Contract").
1.04. The Council has reviewed the Amended Contract and finds that the execution
thereaf and performance of the City's obligations thereunder are in the best interest of the City and
its residents.
Section 2. City Approval; Further Proceedings.
2.01, The Amended Contract as presented to the Council is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that are
approved by the Mayor and City Manager, provided that execution of the documents by such
officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City
the Amended Contract and any documents referenced therein requiring execution by the City, and
to carry out, on behalf of the City its obligations thereunder.
49
Approved by the City Council of the City of Columbia Heights, Minnesota this 9t" day of
February, 2009.
Offered By:
Second By:
Roll Call:
Mayor Gary L. Peterson
ATTEST:
Patricia Muscovitz CMC
City Clerk
2
50
SECOND AMENDMENT TO
AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made on or as of the day of , 2009, by and between
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS,
MINNESOTA, a public body corporate and politic (the "Authority"), established pursuant to
Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), the CITY
OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City") and HUSET PARK
DEVELOPMENT CORPORATION, a Minnesota corporation (the "Redeveloper").
WIT'NESSETH:
WHEREAS, the parties hereto entered into that certain Amended and Restated Contract
for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto
dated as of June 16, 2008 (the "Contract"), providing for redevelopment of certain property in the
City described as the Redevelopment Property; and
WHEREAS, the parties have determined a need to amend the Contract in certain respects,
in light of changing market conditions.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
Section 4.3 of the Contract is modified as follows (italicized language shows revision):
Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays and the
provisions of paragraphs (b), (c) and (d) below, the Minimum Improvements must be constructed in
accordance with the following schedule:
Phase I: As of the date of the Amended and Restated Contract, the internal site
improvements and at least 80 percent of the required number of units for
Phase IA are complete. Redeveloper must substantially complete all internal
site imnroverne>nts fnr Phase TB; including roads; and at least 80 percent of
required number of housing units for Phase IB, by April 30, 2011.
Phase II: As of the date of the Amended and Restated Contract, Phase IIA is under
construction. Redeveloper must substantially complete all internal site
improvements, including roads, together with at least 80 percent of required
number of housing units for Phase IIA, by June 30, 2010. Redeveloper must
substantially complete all internal site improvements, including roads,
together with at least 80 percent of required number of housing units for
Phase IIB, by July 31, 2012.
Phase III: Redeveloper must construct and complete all internal site improvements,
including roads, and at least 80 percent of the required. number of housing
units, according to the following schedule:
Phase ILIA: Commence by Apf°il 30, 2010; complete by April 30, 2012.
Phase IIIB: Commence by December 31, 2012; complete by December 3l, 201.
Phase IIIC: Commence by December 31, 201; complete by December 3l, 2016.
2. The Contract remains in full force and effect and is not modified except as expressly
provided herein.
51
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in
its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this
Agreement to be duly executed in its name and behalf on or as of the date first above written.
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President -Gary L. Peterson
By
Its Executive Director -Walter R. Fehst
CITY OF COLUMBIA HEIGHTS
By
Its Mayor -Gary L. Peterson.
By
Its City Manager- Walter R. Fehst
HUSET PARK DEVELOPMENT CORPORATION
By
President and Chief Executive Officer
CONSENT BY ASSIGNEE
The undersigned, as assignee of certain rights of Redeveloper under the attached Amended and Restated Contract for
Private Redevelopment (the "Amended Contract"}, hereby consent to all terms of the Amended Contract; provided that
nothing in this consent will alter or affect the rights of undersigned under the Agreement of Purchase and Sale
(Finished Lots) between The Ryland Group, Inc. and Redeveloper dated April 18, 2005, as amended.
THE RYLAND GROUP, INC.
By
Its
CONSENT BY ASSIGNEE
The undersigned, as assignee of certain rights of Redeveloper under the attached Amended and Restated Contract for
Private Redevelopment (the "Amended Contract"), hereby consent to all terms of the Amended Contract.
PARKVIEW HOMES, LLC
By
Its
52
Page 1 ~`
Sheila C~trtney -Update to EDA on IIuset Pariz
T'rom: "Maureen Michalski" <natnichalslci{a7sr-re.cam>
To: "Sheila Cartney" <Sheila.Cartney crci.colttmbia-heights.mn.us>
Date: 1/3012009 9:24 AM
Subject: Update to EDA on Huset Park
CC: "Brad Schafer" <bschafer(7asr-re.com>, "Sonstegard, Marlc" <msansteg tztyland.eom>
Attachments: Status update to EDA 1-28-09.doc
Sheila,
Please find attached the update you requested for the EDA packet on Huset Park. As I mentioned, the
extension of dates we are requesting ale based mainly on our anticipated sale of lots to Ryland I-lames and then
subsequent development on the lots. We ~vauid all be very pleased if the target dates on this schedule shift to a
sooner timeframe- the sooner we are able to sell lots and townhomes, the better it is for all of us. However, we
want to be clear in communicating with the city the realities of the mulcet, and oiu requested extension dates are
the best we can predict at this time.
I also would like to reiterate that if the city or 1•JDA has partners, or projects in mind, that would allow for
development of the Phase III portion of the site in a sooner timefratne, we are very willing to consider those
opportunities.
I plan on attenduig the EDA meetuig on the 9~'- can you please clarify tivhat time I should plan on being there?
Please let ine know if I can answer any additional questions or provide further information. Also, if l need to
come prepared with further information on the )~' please let the know. Thank you,
Maureen Michalsl~
Project Manager
Schafer Richardson, Inc.
Direct- 612-359-5842
1Vlolaile- t 12-599-9945
ta-~ michalsl~i@s r-re. cozn
ale:/lC:lDacurnents and SettingslCCH-User\Local Se~t~ngs\TemplXPgrpwise\4982C733cchgw... 1/30/2009
Huset Park Development- Update of Status 1-30-09
Phase IA-
To date all site improvements have been made and all 123 townhome units in Phase IA
have been completed. All Ryland Homes (Ryland) units have been sold in this phase
except the three model units, and five units developed by Huset Park Development
Corporation (HPDC} remain to be sold. In 2008 Ryland sold 5 units and HPDC sold 1
unit in Phase I.
Phase IB-
This site, located at the east side of Phase IA along Jefferson Street, is planned to be
senior housing. Half of the site will be developed by the National Handicapped Housing
Institute (NHHI) and half of the site will be developed by Huset Park Development
Corporation. Because these buildings will share a party wall it is planned that
construction of the two portions will be very close to concurrent. In June of 2008 the
National Handicapped Housing Institute placed an application to the U.S. Department of
Housing and Urban Development (HUD) for funds to construct their portion of the
development. NHHI received notice in fall of 2008 that the application had been
``technically rejected" because of one existing monitoring well on the site. Once
technically rejected an application is removed from consideration for funding in that
round.
HUD will not meet with NHHI and HPDC until after announcement of awards from the
2008 funding round, which is why we are currently in a holding pattern. Once they
announce the 2008 awards we will immediately schedule a meeting with HUD to discuss
the technical rejection and a 2009 funding application. In discussions with ProSource,
the environmental consulting firm on this project, they anticipate that the monitoring well
that caused this technical rejection will be "abandoned" in spring of 2009 after Minnesota
Pollution Control Agency (MPCA) has granted approval.
It is currently anticipated that the 2009 HUD SuperNOFA will have applications due in
the early part of summer, for which NHHI intends to apply unless there is a further issue
with the "technical rejection." If successful in the 2009 round, NHHI would be notified of
funding in early 2010 and we would anticipate construction of the two senior buildings at
this site beginning in late summer/early fall of 201.0, and opening for occupancy
approximately one year later.
Phase IIA-
This phase is currently under construction. In this phase there are 39 townhomes built,
with another 8 currently under construction, for a total of 47 townhomes. Ryland has
sold. 44 homes to date in Phase IIA, of which 11 sales were in 2008. Ryland currently has
site control of 16 additional townhome lots (two, eight-lot building pads) in this phase.
Ryland will not begin construction on either of these buildings until 50% of the units
within a building are pre-sold. To date, there is only one purchase agreement associated
54
with these buildings, Ryland has been actively selling these two, eight lot building pads
since they acquired these parcels from Huset Park Development Corporation on October
31, 2008.
The remaining schedule for Ryland purchasing lots from Huset Park Development
Corporation for this phase is as follows:
18 lots by Apri130, 2009
18 Lots by December 31, 2009
18 Lots by September 30, 20l 0 (4 of which are in Phase IIA)
This is per our current Purchase and Sale Agreement with Ryland Homes. This
agreement requires Ryland Homes to purchase lots from Huset Park Development
Corporation NO LATER than these dates. However, if there is a demand for townhome
units at this location Ryland Homes would likely purchase these lots from Huset Park
Development Corporation sooner and begin construction on the townhomes.
Phase IIB-
Site improvements, including streets and utilities, have not yet been constructed for this
phase, and this portion of the site has not yet been re-platted.
Per our current Purchase and Sale Agreement with Ryland Homes the schedule for
Ryland's purchase of lots from HPDC for this phase is:
18 Lots by September 30, 2010 (14 of which are in Phase IIB}
18 Lots by March 31, 2011
12 Lots by September 30, 2011
It is currently anticipated that Huset Park Development Corporation will undertake the
site improvements necessary for this phase in summer of 2010.
Phase III-
As planned, Phase III is scheduled to be a mixed use development. Site improvements
and re-platting have not yet occurred for this phase of the development. Schafer
Richardson is actively marketing this land for potential commercial/mixed use
opportunities through: Minnesota Commercial Association of Realtors (MNCAR), CCIM
Loopnet, the Schafer Richardson website, and email blasts to brokers on a regular basis.
55
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56
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: February 9, 2009
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY
NO: Community Development MANAGER'S
APPROVAL
ITEM: Approve Orders Declaring property BY: Sheila Cartney BY:
at 4039 St" Street a Hazardous DATE: February 2, 2009
Buildin
BACKGROUND:
The Building Official conducted an inspection at 4039 5`" Street on December l6, 2008. The
inspection revealed that the structure constitutes a hazard to public safety or health in that the
structure was seriously damaged in a fire, resulting in deficiencies in the structural integrity and
serviceability of the mechanical and plumbing systems, which render the structure unsalvageable.
The Orders require the structure to be razed and removed by May 15, 2009.
RECOMMENDATION: Staff recommends approving orders declaring the property at 4039 5`''
Street hazardous.
RECOMMENDED MOTION:
Move to approve orders declaring the property located at 4039 St" Street a Hazardous building.
Attachments: Orders, Photos o the site
COUTICIL, P.CTION:
57
STATE OF MINNESOTA
COUNTY OI~ ANOKA
Order of the City Council of Cahtmbia Heights, Anol<a
County, Minnesota concerning hazardous building an
property located at:
4039 5`~' St. NE
Columbia I-teights, Minnesota
legally cleseribcd as:
Lot 25 Block 52 Calunlbia Heights Annex to
MlnneapOllS, AnOICa Coutlty, MII1nes0ta
PIN: 35-30-24-3I-0055
TU: ~. M. Granroos, Ownee
Charles Storlic, Owner
DISTRICT COURT
TENTH ,1UDICIAL DISTRICT
CASE TYPE: 14 -OTHER
COURT FILE NO.
Pursuant to Minnesota Statutes ~~163.15, et secy., the City Council of the City of Columbia
Heights having duly cotlsiclered the matter, finds the structure located on the above clescribeci
property to be a hazardous building for the reasons set forth herein.
The Building Official for the City of Colombia Heights has inspected the above
referenced structut°e, The inspection revealed that the structure constitutes a hazard to public
safety or health in that the structure was seriously damaged in a fire, resulting in deficiencies in
the stt°UC1Ut°al ttltegl'lty alld SeCVlceablllty Of the n1CC11a111Ca1 and plumbing systems which render
the structure unsalvageable. The inspectian report is attached as Exhibit A and made a part
hereof.
Pursuant to the foregoing and attached Exhibit A, in accordance with Minn. Scat.
,x'463.16, the structure on the above-referenced property shall be razed antl removed by May 1 S,
2009. Additionally, city water and sewer connections at the mains must be severed anti gas and
electrical services to structure shall 11e disconnected no later than May 15, 2009.
58
A motion for summary enforcement of this Order will be made to the Anolca Counly
Distt•ict Court unless the action ordered herein is taken within the prescribed time fi•au~e or unless
an answer is filed within twenty (20} days from the date of service of this Order.
lvloreover, you at°e advised that if the City of Columbia Heights is compelled to take any
action to abate these hazardous eonciitions, a[1 necessary costs expended by the City will be
assessed against the real estate and collected as other taxes as provided in Minn. Star. 5463.21.
Dated this day of , 2009.
BY ORllLR OI+ THL CITY UI'
COLUMBIA HLIGII'I'S
Gary l?eterson, Mayor
Walt r'ehst, City Manager
304511
59
EXHIBIT A
Deeenlbez° 23, 2008
Manuel Crl'alli'05s
l 114 63"' avenue NE
Fridley, MN 55432
Re: 4039 5`~' St. NE
Columbia Heights, MN
Dear Manuel,
On Deeeznbez° 16t~', 2008 I was invited to the above reference address to make a damage
assessment of the property due to fire. Upon arrival I proceeded to the front door of the
residence and knocked. People inside instructed lee to come on in. I introduced myself
as the City of Columbia Heights Building Official. Present at the site were yourself, two
individuals from the insurance company, your mother, your zuothcr's sister and two
individuals fiolll a restoration company.
I proceeded dawn into the basement to observe the fire damage. Dul•izlg my investigation
and assessment I witnessed the following def ciencies with the structural integrity of the
building and serviceability of the mechanical and plumbing systems:
l . The structural beams have a permanent sag in them caused by the excessive
heat during the fire. The entire structural steel support system appears to also
be inadequate in terms of structural bearing. The steel beams are supported on
4" Cement Masonry Units. 4" CMUs are not rated fol- continuous load path
bearing.
2. Approximately 1/3 of the floor joists are charred to the point of cracking,
leaking them structurally unsound.
3. Sub-#7oor in the same area is charred coznpromisillg the structtiu•al integrity of
the floor system.
4. The electrical system reached temperatures causing the jacket to melt off of
the conductors.
5. The electrical service panel was exposed to temperatures in excess of the
panel ratings.
G. The filrnace was exposed to the extreme heat compromising the working
conlponellts of the lleatulg system.
7. The ductwork reached tcmperatul•es causing the galvanizing to melt off the
ductwork.
8. Water piping was compromised due to the high temperatures.
9. The water heater drain valve was leaking due to being exposed to the high
temperatures,
60
I l~zave assessed the property undez• Minnesota Statutes 463.15-26 Hazardous and
Substandard buildings. My recommendation to the City Council will be to have the
structure razed due to the amount of damage to structural, electz•ical and mechanical
systems. I will be forwarding my recommendation to the City Council for their
considerations and decision as whether or not to order the removal of the primary
structure.
With safety being my primary concern, at this time I will be placing a placard on the
structure indicating the building is deemed unsafe for human occupancy. It is unlawful
far any person to occupy or reside in this building under Section 1300.0180 of the
Building Code of the State of Minnesota. This placard will remain in effect until the
structure is Lazed. Written authorization is required fz•om the Building Official, or his
authorized agent, for anyone to enter the structure for either providing assessments or
removal of personal property. Please allotiv adequate time to prepare the authorization
letter for entry to the property. The letter must be in hand in order to access the property.
The letter will state the tune(s) and date{s} of access.
If the City Council votes to have the building razed, you as the owner, or representative
of the owner, will be responsible for the removal of the structure in the time specified by
the Ctty Council. This will include the "killing" of both the city water and city sewer
cozureetions at the mains. In addition, disconnection of both electt•ical and gas service to
the structure will be required. Recommendation by my office will be to extend the
removal pez•iod to May 15, 2009 due to the added costs of killing the utilities through
frozen ground acrd excavation of the street during winter months.
If you have any questions or would like to discuss my findings you can call me at
{763}706-3677.
Yours tr Orly,
Lawrence R. Pepin
Building Official #2379
Ce Scott Clark, Conununity Development Director
Jim Hoeft, City f~ttarney
Walt Fehst, City Manager
Gary Garman, Fire Chief
Scott Nadeau, Police Chief
Squad Roorn
61
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CITY COUNCIL LETTER
Meeting of February 9, 2009
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: REISSUE RENTAL BY: Gary Gorman BY:
LICENSE
NO: DATE: February 3, 2009 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City
of Columbia Heights against Perry Avenue Partnership, LLC located at 3923 Main
Street N.E. for failure to meet the requirements of the Property Maintenance Code.
The owner has corrected ali violations and paid all fees and penalties.
RECOMMENDED MOTION: Move to issue arental-housing license to Perry Avenue
Partnership, LLC to operate the rental property located at 3923 Main Street N.E. in that
the provisions of the residential maintenance code have been complied with.
COUNCIL ACTION:
68
CITY COUNCIL LETTER
Meeting o£ February 9, 2009
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: Feb.4, 2009 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the February 9, 2009 Council meeting. This agenda consists
of applications far Contractor licenses for 2009.
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.
RECO ED 1lfIOTIN:
Move to approve the items as listed. on the business license agenda for February 9, 2009 as presented.
COUNCIL ACTION:
69
TO CITY COUNCIL February 9, 2009
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES 2009
BLDG * Reliable Tree Service 6600 Brookview Dr, Fridley $60.00
* Metro Tree and Stump 10101 Naples St NE, Blaine $60.00
GTI Inc 1817 180`" Ave, Canby $60.00
Overhead Door Co 3195 Terminal Rd, Eagan $60.00
Tw. City Tile Marble Co 900 Montreal Cir, St Paul $60.00
Tw City Acoustics Inc 2655 Cheshire Ln No, Plymouth $60.00
*Gary Ford/Metro Testing 31222 Cedar Creek Rd, Hinckley $60.00
*Citywide Plumbing LLC 2059 123rd Ave NW, Coon Rapids $60.00
*Tim's Quality Plumbing 523 Central Ave, Osseo $60.00
*AI's Master Plumbing 1424 3rd St N, Mpls $60.00
McQuillan. Bros PI/Htg 688 Hague Ave, St Paul $60.00
*St Paul Plumb & Htg 640 Grand Ave, St Paul $60.00
*Restoration Services 636 39`" Ave, Col. Hts $60.00
*MD Mechanical Inc 5123 60`" St SE, St Cloud $60.00
*Air Design Inc 1500 122nd Lane NE, Blaine $60.00
Corporate Mechanical Inc 5114 Hillsboro Ave N, New Hope $60.00
*Spectrum Sign 2025 Gateway Cir #2, Centerville $60.00
70
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: February 9, 2009
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 129045 through 129227
in the amount of $ 2 827 045.4b
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
71
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
02/06/2009 11:44:00 Check History GL050S-V06.74 COVERPAGE
GL540R
*******************************************************************************
* *** :L E A N N O
* *** L E A N N O
* *** L E A N N O**
* *** L E A N N O
*******************************************************************************
Report Selection:
Optional Report Title.......02/09/2009 COUNCIL LISTING
INCLUSIONS:
Fund & Account ..............
Check Date ..................
Source Codes ................
Journal Entry Dates.........
Journal Entry Ids...........
Check Number ................
Project .....................
Vendor ......................
Invoice .....................
Purchase Order ..............
Bank ........................
Voucher ....................
Released Date ...............
Cleared Date ................
Include Exp/Rev Closing Entries
thru
thru
thru
thru
thru
129045 thru 129227
thru
thru
thru
thru
thru
thru
thru
thru
N
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J LEANNO O1 P4 Y S 6 066 10 Y Y
72
ACS FINANCIAL SYSTEM
02/06/2009 11
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 1
02/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
CITY OF COLUMBIA HEIGHTS 129045 141,622.86
NORTHEAST BANK 129046 1,384,801.04
RICE CREEK WATERSHED DIS 129047 2,500.00
AMERIPRIDE LINEN INC 129048 218.92
ANOKA COUNTY LIBRARY 129049 3,515.50
ANOKA COUNTY SHERIFFS DE 129050 46.00
ASPEN MILLS, INC. 129051 21.30
BRISTOL/KENNETH & KARI 129052 7.59
BURNET TITLE CO 129053 152.32
CENTER POINT ENERGY 129054 16,676.67
CHERNIN/ALEKSANDR 129055 180.00
CHISAGO LAKES DISTRIBUTI 129056 33.55
COCA-COLA BOTTLING MIDWE 129057 1,507.60
COLDWELL BANKER 129058 25.00
DUFFY/CAROL 129059 30.00
FELBER/ANNE 129060 78.80
FIRST AMERICAN TITLE 129061 351.93
FLAHERTYS HAPPY TYME COM 129062 608.30
FRESHWATER SOCIETY 129063 125.00
GORMAN/GARY 129064 60.00
HALVORSON/JUSTIN 129065 465.87
T.-IINRICHS/JACOB 129066 5.99
IDEARC MEDIA CORP 129067 61.75
INTOXIMETER INC 129068 59.11
JOHNSTON/ERIK 129069 66.37
LARKIN/JOHN 129070 116.01
LEAGUE OF MN CITIES INS 129071 45,695.75
MAHCO 129072 30.00
MORTGAGE ELECTRONIC 129073 94.99
NORTHEAST BANK 129074 64,616.08
OFFICE DEPOT 129075 35.51
OTTNEY/LEANN 129076 7.92
PAUSTIS & SONS WINE COMP 129077 1,234.64
PERFORMANCE OFFICE PAPER 129078 486.92
PETTY CASH - LIZ BRAY 129079 33.89
PHILLIPS WINE & SPIRITS 129080 518.32
QWEST BUSINESS SERVICES 129081 541.77
WEST COMMUNICATIONS 129082 823.94
RICOH AMERICAS CORPORATI 129083 338.44
SPRINT INC 129084 113.22
STREICHER'S GUN'S INC/DO 129085 20.22
USA MOBILITY WIRELESS IN 129086 100.43
rdELLS FARGO 129087 40.83
XCEL ENERGY (N S P) 129088 20,728.40
AANERUD/MELVIN 129090 500.00
ACE HARDWARE 129091 15.29
ALCOHOL & GAMBLING ENFOR 129092 250.00
73
ACS FINANCIAL SYSTEM
02/06/2009 11
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 2
02/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
ALLIED-BFI WASTE SYSTEMS 129093 89,661.61
AMERICAN BOTTLING COMPAN 129094 327.80
AMERICAN LIBERTY CONSTRC 129095 58,652.22
AMERIPRIDE LINEN INC 129096 16.03
ANOKA COUNTY CHIEFS OF P 129097 227.00
ASPEN MILLS, INC. 129098 137.90
BARNICK/ROBERT & PRISCIL 129099 1,047.00
BELAIR EXCAVATING 129100 5,463.00
BELLBOY BAR SUPPLY 129101 434.82
BELLBOY CORPORATION 129102 8,831.57
BIFF'S,INC. 129103 585.19
BONESTROO 129104 500.00
BRAUN INTERTEC CORP 129105 315.00
BRECKENITCH/LAURIE 129106 47.92
C. ADLER MARTIAL ARTS SE 129107 591.50
CAPITOL BEVERAGE SALES L 129108 35,912.89
CHISAGO LAKES DISTRIBUTI 129109 8,449.98
COCA-COLA BOTTLING MIDWE 129110 372.02
COLUMBIA HEIGHTS TRANSIT 129111 7,213.00
CREST VIEW ONDC 1 129112 21,008.00
DANIMAL DISTRIBUTING INC 129113 795.12
DEX MEDIA EAST LLC 129114 545.50
EGAN OIL COMPANY 129115 6,492.20
EARNER-BOCKEN 129116 8,115.34
GENUINE PARTS/NAPA AUTO 129117 62.98
GRIGGS-COOPER & CO 129118 39,704.53
GS DIRECT 129119 18.08
HOHENSTEINS INC 129120 1,002.25
HONEYWELL INC 129121 152,650.00
INDEPENDENT SCHOOL DIST 129122 329,581.16
JJ TAYLOR DIST OF MN 129123 9,554.90
JOHNSON BROS. LIQUOR CO. 129124 75,253.80
KIMLEY-HORN & ASSOCIATES 129125 3,932.60
LEESE/STEVE 129126 134.99
MARK VII DIST. 129127 13,418.54
MEDICINE LAKE TOURS 129128 774.00
MENARDS CASHWAY LUMBER-F 129129 192.38
MN DEPT OF ADMINISTRATIO 129130 331.10
MN REC & PK ASSOC - MRP 129131 45.00
OLSON/GREG 129132 129.87
PAUSTIS & SONS WINE COMP 129133 3,422.06
PETTY CASH - KAREN MOELL 129134 174.70
PETTY CASH - KAREN OLSON 129135 125.80
PHILLIPS WINE & SPIRITS 129136 20,301.88
PROSOURCE TECHNOLOGIES I 129137 7,476.57
QUALITY WINE & SPIRITS 129138 21,385.17
QWEST COMMUNICATIONS 129139 39.84
74
ACS FINANCIAL SYSTEM
02/06/2009 11
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 3
02/09/2009 COUNCIL LISTING
CHECK NVMBER AMOUNT
SCOTT/LARRY 129140 117.97
SHAMROCK GROUP-ACE ICE 129141 317.77
SHORT ELLIOT HE1vDRICKSON 129142 351.66
SOLBREKK INC 129143 206.40
STANWAY EXCAVATING 129144 937.20
STREICHER'S GUN'S INC/DO 129145 109.99
SYNOWCZYNSKI/STEVE 129146 41.25
T-MOBILE INC 129147 657.55
THE DEPOT 129148 841,60
UNIVERSITY OF MINNESOTA 129149 160.00
VERIZON WIRELESS 129150 30.77
VINOCOPIA INC 129151 725.75
WINE MERCfiANTS 129152 3,853.74
ABLE HOSE & RUBBER INC 129153 6.39
AID ELECTRIC SERVICE INC 129154 4,643.00
AMERIPRIDE LINEN INC 129155 119.21
ANOKA COUNTY ATTORNEY 129156 135.00
ANOKA CTY FIRE PROTECTIO 129157 210.00
ASPEN MILLS, INC. 129158 319.37
ASTLEFORD INTERNATIONAL 129159 140.34
BAKER & TAYLOR 129160 1,704.26
BOYER TRUCK PARTS 129161 649.12
BRADLEY & GUZZETTA LLC 129162 3,372.50
BROOK WHITE CO. 129163 346.13
BUILDING FASTENERS 129164 5.51
CATCO PARTS SERVICE 129165 76.15
CHAMBERLAIN OIL COMPANY 129166 408..94
CINTAS FIRST AID-SAFETY 129167 72.41
COORDINATED BUSINESS SYS 129168 1,203.92
DEMCO MEDIA 129169 97.95
DISCOUNT STEEL INC 129170 63.90
DNR ENTERPRISES 129171 1,807.78
EMERGENCY AUTOMOTIVE TEC 129172 75.08
FIDELITY BUILDING SERVIC 129173 5,238.19
FIRST NATIONAL INSURANCE 129174 1,000.00
FOUNDATION CENTER/THE 129175 221.50
G & K SERVICES INC 129176 638.49
GENUINE PARTS/NAPA AUTO 129177 55.03
GIS RANGERS LLC 129178 6,524.18
HD SUPPLY WATER WORKS 129179 1,800.00
HEARTLAND FUEL PRODUCTS 129180 10,191.55
HEINRICH ENVELOPE CORP 129181 292.87
HERRINGER/GERRY 129182 35.00
HOME DEPOT #2802 129183 85.25
INSITUFORM TECHNOLOGIES 129184 85,665.11
ZNSTY PRINTS 129185 281.80
INTEGRA TELECOM INC 129186 167.46
75
ACS FINANCIAL SYSTEM
02/06/2009 11
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 4
02/09/2009 COUNCIL LISTING
CHECK NUMBER AMOUNT
INTEGRATED LOSS CONTROL 129187 378.00
KIRKUS REVIEW 129188 270.00
LEAGUE OF MN CITIES INS 129189 53,519.00
MAC QUEEN EQUIPMENT CO. 129190 340,87
MARCO, INC 129191 943.93
MARQUIS WHO'S WHO 129192 175.95
MENARDS CASHWAY LUMBER-F 129193 179.21
D4ETR0 CHIEFS OFFICER FIR 129194 200.00
MIDWEST TAPE 129195 729.62
P9INNEAPOLIS SAW CO INC 129196 9.63
MN STATE FIRE CHIEFS ASS 129197 105.00
OFFICE DEPOT 129198 315.40
OMNIGRAPHICS, INC 129199 370.00
ONE-CALL CONCEPT-GOPHER 129200 124.55
PHYSICIANS DESK REFERENC 129201 64.95
POLITICS IN MINNESOTA 129202 55.00
QWEST COMMUNICATIONS 129203 160.98
REINDERS INC 129204 53.08
ROAD MACHINERY tx SUPPLIE 129205 703.22
ROYAL TIRE 129206 309.23
RUGG'S RECOMMENDATIONS 129207 31.95
RYDBERG/SCOTT 129208 47.50
S & T OFFICE PRODUCTS IN 129209 792.52
SCHINDLER ELEVATOR CORP 129210 300.45
SOLBREKK INC 129211 2,026.00
SPORTS TURF MANAGERS ASS 129212 155.00
ST JOSEPH'S EQUIPMENT 129213 293.07
STATE OF MINN-DEPT OF FI 129214 67.50
STREICHER'S GUN'S INC/DO 129215 109.99
SUN PUBLICATION INC 129216 49.50
T-MOBILE INC 129217 93.61
TAUTGES, REDPATFi, & CO., 129218 15.00
TESSMAN CO 129219 1,011.75
THOMSON GALE 129220 978.34
VERIZON WIRELESS 129221 31.22
WHOLESALE TRUCK-TRLR PR 129222 222.40
WORLD CHAMBER OF COMMERC 129223 53.00
tVW GRAINGER,INC 129224 143.06
YOUNG AUDIENCES OF MINNE 129225 133.37
ZEP MANUFACTURING COMPAN 129226 217.14
ZIEGLER INC 129227 241.58
2,827,045.46 ***
76
ACS FINANCIAL SYSTEM
02/06/2009 11
BANK VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 5
02/09/2009 COUNCIL LTSTING
CHECK NUMBER AMOUNT
2,827,045.46
RECORDS PRINTED - 0009713
77
ACS FINANCIAL SYSTEM
02/0 6/2009 11:44:02 Check History
FUND RECAP:
FUND
---- DESCRIPTION
°------°------°------------- DISBURSEMENTS
101 GENERAL 32,703.68
201 COMMUNITY DEVELOPMENT FUND 781.74
212 STATE AID MAINTENANCE 325.36
225 CABLE TELEVISION 3,422.00
240 LIBRARY 12,879.23
250 COL HGHTS AFTER SCHOOL ENRI 90.00
261 AFTER-SCHOOL PROGRAMS 992.59
265 FORFEITURE FUND 202.50
315 SULL-SHORES:TX GO BONDa'2008A 94,405.05
340 GO IMPROV/REV BONDS 2006A 430,827.00
341 GO STREET REHAB BONDS 2007A 85,984.38
343 GO PUB SAFETY CTR BOND 2008B 214,193.94
385 MULTI-USE REDEVELOPMENT PLAN 1,047.00
387 G.O. IMPROVEMENT BOND 1999A 88,203.75
388 G O IMPROVE/REV BONDS 2003A 110,652.00
389 R8:TRANSITTON BLK REDEVELOP 28,221.00
401 CAPITAL IMPROVEMENTS 4,247.60
410 SHEFFIELD REDEVLPMNT NON-TIF 116.01
411 CAPITAL IMP-GEN GOVT. BLDG 152,650.00
412 CAPITAL IMPROVEMENT PARKS 58,652.22
415 CAPITAL IMPRVMT - PIR PROD 2,500.00
418 COMMUNITY CTR CAPITAL BLDG 329,581.16
420 CAP IMPROVEMENT-DEVELOPMENT 7,476.57
601 WATER UTILITY 10,837.64
602 SEWER UTILITY 1,548.29
603 REFUSE FUND 89,848.56
604 STORM SEWER UTILITY 388.83
609 LIQUOR 264,251.69
631 WATER FUND DEBT SERVICE 277,689.84
632 SEWER FUND DEBT SERVICE 4,648.60
634 STORM SEWER DEBT SERVICE 142,812.56
652 SEWER CONSTRUCTION FUND 85,665.11
701 CENTRAL GARAGE 37,911.68
720 INFORMATION SYSTEMS 2,926.09
875 FISCAL AGENCY: GIS RANGER 6,524.18
884 INSURANCE 100,214.75
885 PAYROLL FUND 141,622.86
TOTAL ALL FUNDS 2,827,045.46
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAPPAGE
GL540R
78
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
02/06/2009 11:44:02 Check History GL060S-V06.74 RECAPPAGE
GL540R
BANK RECAP:
BANK NAME
---- ----------------------------
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
DISBURSEMENTS
2,827,045.46
2,827,045.46
79
CITY COUNCIL LETTER
Meeting of: February 9, 2009
AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM.: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY:
NO: DATE: January 22, 2009 DATE:
On or about March 1, 2008, Comcast filed with the City Federal Communications Commission (FCC) Form 1240,
"Updating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum
rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, "Determining
Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could
charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2008 to
May 31, 2009.
Basic programming consists ofover-the-air broadcast stations, public, educational, and government access channels,
and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates
for any programming not carried on the basic service tier, including (but not limited to) programming offered on a
pay-per-channel orpay-per-program basis. Under federal law, the rates for all programming not included in the basic
service tiers are unregulated.
The chart below reflects Comcast's actual rates since June 1, 2008, and the maximum permitted rates as of June 1,
2008.
tes ince
June 1,
Zoos azimum
Permitted Rates
Effective June a,
2008
Basic Service $ 9.57 $ 9.91
asic n eceiver
Remote Control $ .10 $ .31
Installation-Unwired Home $44.99 $47.12
Installation-Prewired Home $29.99 $32.46
Installation-Additional Outlet-
Connect Initial $15.99 $17.75
Installation-Additional Outlet-
Connect Se crate $25.99 $27.72
Other Install-Relocate Outlet $21.99 $23.49
U rade- O tional Services $15.99 $17.73
Down rade- O tional Services $10.99 $11.94
COUNCIL ACTION:
80
CITY COUNCIL LETTER
Meeting of: February 9, 2009
AGENDA SECTION: PUBLIC HEARING ORIGINATING CITY
NO: DEPARTMENT: MANAGER'S
CITY MANAGER'S APPROVAL
ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY:
NO: DATE: January 22, 2009 DATE:
Page 2
As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of January 12, 2009, the
City Council established a public hearing date of Monday, February 9, 2009, at 7:00 p.m. or as soon thereafter as
possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their
views on the basic service programming and equipment rates and installation charges Comcast calculated in its March
2008 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate
orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the
Focus Newspaper.
At the Telecommunications Commission meeting of January 1 S, 2009, Steve Guzzetta, the City's telecommunications
attorney, presented options from which the City may at this point in time select in addressing Comcast's rate filing:
(A) do nothing (the city would remain certified to regulate rates and could review and act on future rate filings from
Comcast); (B) issue rate orders preserving the City's rights to the extent possible (the City would retain the right to
look at underlying data, calculations and assumptions in the context of a future rate filing). The Telecommunication
Commission recommended that the City Council pursue Option B -issue rate orders preserving the City's rights to
the extent possible. The benefit of Option B is that the City would avoid the long and expensive process associated
with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The
drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal
Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast.
Attached are two resolutions recommended for adoption by the City Council. Resolution 2009-OS is an order
regarding the maximum permitted basic programming service rate set forth in the Federal Communications
Commission Form 1240 filed by Comcast on or about March 1, 2008. Adoption of the resolution would neither
approve nor deny the maximum permitted rate for basic cable service, as calculated in the 2008 FCC Form 1240, but
would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings.
Resolution 2009-06 is an order regarding the maximum permitted equipment and installation rates set forth in the
Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2008. Adoption of the
resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation
as calculated in the 2008 FCC Form 1205, but would function as a rate ceiling during the relevant rate period.
COUNCIL ACTION:
81
CITY COUNCIL LETTER
Meeting of: February 9, 2009
AGENDA SECTION: PUBLIC HEARING ORIGINATING CITY
NO: DEPARTMENT: MANAGER'S
CITY MANAGER'S APPROVAL
ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY:
NO: DATE: January 22, 2009 DATE:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-05, there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-05, being an Order regarding the maximum permitted
basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on
or about March 1, 2008.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-06, there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-06, being an Order regarding the maximum permitted
equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast
on or about March 1, 2008.
COUNCIL ACTION:
a2
RESOLUTION N0.2009-05
ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING
SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS
COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2008
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47
U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is
permitted to regulate rates for basic cable service; and
WHEREAS, the City is certified as a rate regulation. authority pursuant to rules of the
Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise
holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for
Regulated Cable Services", on or about March 1, 2008, purporting to set forth and justify the
maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the
"2008 FCC Form 1240"); and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2008 FCC Form 1240; and
WHEREAS, the rate set forth herein will govern Comcast's basic service rate until
Comcast lawfully implements a further rate change pursuant to applicable FCC regulations.
NOW, THEREFORE, the following is resolved:
1. Comcast's maximum permitted rate for basic cable service, as calculated in the
2008 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service
rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings,
to the extent permitted by and consistent with FCC rules and decisions.
2. Comcast shall not charge any rate higher than the maximum permitted rate set
forth in the 2008 FCC Forrn 1240, nor increase that rate, unless such rate is first filed with and
approved by the City, in accordance with applicable law and. regulations, inchiding but not
limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
3. Comcast may charge rates less than the lawfi~l maxin-uni permitted rate ur basic
service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to
applicable federal, state and local laws and regulations. The City, however, shall nat be deemed
to have approved such rates.
4, This Order is based on the representations made by Comcast in its 2008 FCC
Form 1240. Should information came to the City's attention that these representations were
inaccurate in any material way, the City reserves the right to take appropriate action. This Order
83
is not to be construed as a finding that the City has accepted as correct any specific entry,
explanation, calculation or rate in the 2008 FCC Form 1240.
5. The City reserves all of its rights with respect to rate regulation, including (but not
limited to): (i) the right to request and review data, and documents concerning the 2008 FCC
Form 1240 in order to determine the impact, if any, such data and documents have on rates
proposed in future basic service rate filings; (ii) the right to address issues raised. in the 2008
FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and
(iii) the right to request additional information concerning the 2008 FCC Form 1240 that is
relevant to any City review of subsequent basic service rate filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This Order shall be released to the public and to Comcast, and a public notice
shall be published stating that this Order has been issued and is available for review, pursuant to
47 C.F.R. § 76.936(b).
Passed this day of February 2009.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
2
84
RESOLUTION NO. 2009-06
ORDER REGARDING THE M[AXIMLTM PERMITTED EQUIPMENT AND
INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS
COMNIISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2008
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47
U.S.C. § 5439 as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is
permitted to regulate rates for equipment and installations; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the
Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with
the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs,
`Equipment Form"' (hereinafter the "2008 FCC Form 1205"), on or about March 1, 2008,
purporting to set forth and justify the rates it could. charge to subscribers in the City for
equipment and. installations; and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2008 FCC Form 1205; and
WHEREAS, the rates set forth herein will govern Comcast's equipment rates and
installation charges until Comcast lawfully implements a further rate change pursuant to
applicable FCC regulations.
NOW, THEREFORE, the following is resolved:
1. Comcast's maximum permitted rates and charges for equipment and installation,
as calculated in the 2008 FCC Form 1205, are neither approved nor denied, but may function as
a rate ceiling during the relevant rate period.
2. Comcast shall not charge any rates higher than the applicable maximum permitted
rates set in the 2008 FCC Form 1205 nor increase those rates, unless such rates are first filed
with and approved by the City, in accordance with applicable law and regulations, including but
not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
3. Comcast may charge rates less than the lawful maximum permitted rates for
equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory
way, pursuant to applicable federal, state and local laws and regulations. The City, however,
shall not be deemed to have approved such rates.
4. This Order is based on the representations made by Comcast in its 2008 FCC
Form 1205. Should information came to the City's attention that these representations were
inaccurate in any material way, the City reserves the right to take appropriate action. This Order
85
is not to be construed as a finding that the City has accepted as correct any specific entry,
explanation, calculation or rate in the 2008 FCC Form 1205.
5. The City reserves all of its rights with respect to rate regulation, including (but not
limited to): (i) the right to request and review data, and documents concerning the 2008 FCC
Form 1205 in order to determine the impact, if any, such data and documents have on rates
proposed in firture equipment and installation rate filings; (ii) the right to address issues raised in
the 2008 FCC Form. 1205 that are relevant to any City review of subsequent equipment and
installation rate filings; and (iii) the right to request additional information concerning the 2008
FCC Form l 205 that is relevant to any City review of subsequent equipment and. installation rate
filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This Order shall be released to the public and to Comcast, and a public notice
shall be published stating that this Order has been issued and is available for review, pursuant to
47 C.F.R. § 76.936(b).
Passed this day of February 2009.
Offered by:
Seconded by:
Roll Call:
1`~hayor Oary L. Peterso.~
Patricia Muscovitz, CMC
City Clerk
2
86
CITY COUNCIL LETTER
MEETING OF: FEBRUARY 9, 2009
AGENDA SECTION: OTHER ORDINANCES ORIGINATING DEPT: CITY MANAGER
AND RESOLUTIONS FINANCE APPROVAL
NO:
ITEM: RESOLUTION REDUCING THE BY: WILLIAM ELRITE BY:
ADOPTED 2009 BUDGET IN
ANTICIPATION OF LOCAL DATE: FEBRUARY 5, 2009
GOVERNMENT AID REDUCTIONS
NO:
In anticipation of reductions in the amount of money the City receives in local government aid, the City
Manager and staff have made advance preparations based on Governor Pawlenty's proposal to reduce the City
of Columbia Heights' aid by $460,000 for the year 2009. Through significant advanced planning and
reductions, staff and the City Manager are recommending to make cuts and revenue enhancements to
compensate for the governor's proposed reductions in the 2009 budget. These cuts and reductions are a
combination of reducing services and expenses, some layoffs, and all employees taking an 80-hour furlough
without pay in 2009. It should be recognized that this level of reductions cannot be made without serious
impairment to services provided by the City of Columbia Heights. These reductions, as laid out in the attached
resolution, should enable the City to deal with the governor's proposed aid reductions resulting in a
corresponding reduction of services to residents.
As has been discussed with the City Council, staff will continue to evaluate expenses and revenues during the
preparation of the 2010 budget. This should allow for the adoption of a 2010 budget that will deal with any
further aid reductions that are made by the state legislature. 1t is staff's very strong recommendation that the
council seriously look at increasing other revenue sources wherever possible. There are some instances where
the City could make services self-sustaining rather than reliant on taxes or state aid. An example of this would
be to establish a street light utility to collect service fees to cover this expense. Another example is that
currently approximately $100,000 per year is used to supplement the operation of Murzyn Hall. Service fees
should be established to cover the cost of this operation.
The other area that needs to be clearly understood is that unlike the budget reductions of 2003 and 2004, the
current reduction cannot be made without seriously reducing services. The cuts will mean having parks, streets,
boulevard trees, and other public works items maintained at a much lesser level. Library hours (from 60 to 51},
reference work, and other services will also be reduced. Murzyn Hall would close when it is not in use for
recreation programs or by afee-paying group. This means fee waived groups would need to be rescheduled to
times when the hall is open. Other services such as abatements for weeds and unkempt properties may not be at
the same level as in 2008. In addition to this, we are exploring other reductions such as using an automated
attendant for phone calls and. encouraging all payments that do not require a receipt to be made in the payment
drop box. It is important that the City Council understand that these service reductions may result in more
c.tlzen comments and Input.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-24 there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-24 being a resolution reducing the adopted
2009 budget in anticipation of local government aid reductions.
WEams 0902051COUNCIL
COUNCIL ACTON:
$7
RESOLUTION N0.2009-24
RESOLUTION REDUCING THE ADOPTED 2009 BUDGET
IN ANTICIPATION OF LOCAL GOVERNMENT AID REDUCTIONS
WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $460,000 in the amount of
state aid the City will receive in 2009; and
WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $960,000 in the amount of
state aid the City will receive in 2010; and.
WHEREAS, the City Manager has utilized advanced planning and. preparation for these reductions; and
WHEREAS, it is the overall goal to balance the City budget for 2009; and
WHEREAS, the City Council recognizes that this budget reduction will have a significant impact on services
provided to residents:
NOW, THEREFORE, BE IT RESOLVED that the following budget reductions be made to the 2009 property
tax supported budgets.
Adopted
Fund 2009 Budget Proposed Cuts
General Fund 9,793,340 516,055
Library Fund 783,847 92,377
Community Development Fund 625,309 50,568
Estimated Furlough Expense 260,000
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to develop along-
range b,~dget plan to in~liide the redu~ti~n of servi~ec and expenses, the geperatinp ttf new revenue, and a
projection of property tax increases needed to offset the loss of local government aid.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager instruct staff to explore all areas
where City revenue and fees can be increased to offset the cost of providing services and present
recommendations to the City Council for evaluation.
Passed this day of , 2009
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Patricia Muscovitz, City Clerk
88
CITY COUNCIL LETTER
MEETING OF: Februa 9, 2009
AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPT: CITY MANAGER
NO: ADMINISTRATON APPROVAL
ITEM: RESOLUTION ACCEPTING CERTAIN BY: WALT FEHST BY:
DONATIONS RECEIVED BY THE CITY OF
COLUMBIA HEIGHTS DATE: FEBRUARY 6, 2009
This is a list of donations recently received by the City and submitted for acceptance by the City
Council.
The main intent of the resolution is to comply with Minnesota Statute 465.03 Gifts to
Municipalities. That statute provides that municipalities can accept donations subject to donor
teens, if the acceptance is by a resolution approved. by at least two-thirds of the City Council. It
should be noted that the statute prohibits accepting donations with religious or sectarian
purposes.
Staff recommends that the City Council adopt the following motions:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-26 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-26 being a resolution to accept
certain donations by the City of Columbia Heights.
COUNCIL ACTION:
89
CITY COUNCIL LETTER
MEETING OF: February 9, 2009
AGENDA SECTION: Other Business ORIGINATING DEPT: CITY MANAGER
NO: Administration APPROVAL
ITEM: Discussion of contribution BY: Walt Fehst BY: /
~~~
~/'
DATE: February 6, 2009 ~
At the February 2, 2009 City Council work session, City Manager Fehst stated that Mayor
Peterson has volunteered to take the proportionate two week pay reduction that City employees
are being asked to take, as loss of Local Government Aid (LGA) will require over $460,000 in
budget reductions.
City employee cooperation has been requested to bear this burden by taking a two week unpaid
furlough. There will be extensive cost reductions and staff reorganizations Fehst stated that
Councilmembers will need to look at significant changes for next year.
Mayor Peterson suggested that council members reduce their salary by the proportionate
equivalent of the two week furlough that employees are being asked to take. Williams requested
that this be accomplished through a monetary donation.
Mayor Peterson, Councilmember Williams, Councilmember Diehm, and Councilmember
Kelzenberg each expressed their willingness to do this. Councilmember Nawrocki stated that he
is unwilling to do this.
The main intent of the resolution is to comply with Minnesota Statute 465.03 Gifts to
Municipalities. That statute provides that municipalities can accept donations subject to donor
terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It
should be noted that the statute prohibits accepting donations with religious or sectarian
purposes.
Staff recommends that the City Council adopt the following motions:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-26 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-26 being a resolution to accept
certain donations received by the City of Columbia Heights.
COUNCIL ACTION:
RESOLUTION N0.2009-26
ACCEPT CERTAIN DONATIONS RECEIVED
BY THE CITY OF COLUMBIA HEIGHTS
WHEREAS, City employees have been requested to join in bearing the burden of the 2009
budget reductions, due to the loss of Local Government Aid, by taking a two week unpaid
furlough, and
WHEREAS, the City Council extends their sincere appreciation to the employees for their
cooperative spirit, and
WHEREAS, Councilmember Williams requested that council members reduce their salary by the
proportionate equivalent of the two week furlough that employees are being asked to take, and
WHEREAS, the request is that this pledge be accomplished through a monetary donation form
the Mayor and Councilmembers, and
WHEREAS, Mayor Peterson, Councilmember Williams, Councilmember Diehm, and
Councilmember Kelzenberg have each expressed their desire to pledge the following donations,
Donor Amount Purpose
Gary Peterson $530.77 Furlough pay equivalent
Robert Williams $300.00 Furlough pay equivalent
Tami Ericson $300.00 Furlough pay equivalent
Bruce Kelzenberg $300.00 Furlough pay equivalent
and,
WHEREAS, the City Of Columbia Heights acknowledges the preceding pledged donations,
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights that the City
of Columbia Heights accepts these donations.
Passed this 9`" day of February 2009
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk