Loading...
HomeMy WebLinkAboutNovember 13, 2006 Regular ADMIN/STRA TION Mavor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv Mallafler Walter R. Fehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TOD (763) 706-3692 Visil Our Wehsile al: www.ci.columhia-heighls.ml1.us November 9, 2006 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 13,2006, 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 Deputy City Clerk at 763-706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/tROLL CALLIINVOCATION 2. PLEDGE OF ALLEGIANCE 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 ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations November 12-18,2006, is American Education Week B) Presentations-Ted Landwehr: Rising to New Heights Acknowledgement of Make A Difference Day Proj ects/ Awards C) Introduction of New Employees-None D) Recognition 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for October 23, 2006, Regular City Council Meeting MOTION: Move to approve the minutes of the October 23, 2006, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to approve the minutes of the following boards/commissions: a) Minutes of the July 25, 2006, Housing and Redevelopment Authority Meeting b) Minutes of the August 22, 2006, Economic Development Authority (EDA) Meeting c) Minutes of the October 3, 2006, Public Library Board of Trustees Meeting d) Minutes of the November 8, 2006, Planning and Zoning Commission Meeting 3) Set Work Session Meeting Date MOTION: Move to schedule a City Council Work Session for Monday, November 20,2006, beginning at 7:00 p.m. in Conference Room 1. THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda November 13, 2006 Page 2 of6 4) Adopt Resolution No. 2006-218, being a Resolution to Accept Gifts Received by the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2006-218, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-218, being a resolution to accept gifts received by the City of Columbia Heights. 5) Adopt Resolution 2006-240, being a Resolution Approving a Conditional Use Permit for an Addition to a Senior Living Facility Located at 4444 Reservoir Boulevard MOTION: Move to waive the reading of Resolution 2006-240, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-240, approving a Conditional Use Permit for an addition to a senior living facility at the Crest View Campus, located at 4444 Reservoir Boulevard, subject to the conditions stated in the Resolution. 6) Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and Driveway Located at 3806 Jackson Street MOTION: Move to waive the reading of Resolution 2006-239, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-239, approving the IS-foot side yard setback variance and the 5-foot corner side yard setback variance for the construction of a new house and two 3-foot side yard setback variances for the construction of a shared driveway at 3806 Jackson Street, subject to the conditions stated in the Resolution. 7) Issue Rental Housing License to Bob Landucci, 3810-3812 3rd Street N.E. MOTION: Move to issue a rental housing license to Bob Landucci to operate the rental property located at 3810-3812 3rd Street N.E. in that the provisions of the residential maintenance code have been complied with. 8) Approve the Items Listed for Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for November 13,2006. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 13, 2006, as presented, regarding the new licenses for 2006 and the renewals for 2007. 10) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 119071 through 119397 in the amount of $2,032,360.42. 6. PUBLIC HEARINGS A) Second Reading of Ordinance No. 1515, Zoning Amendment to the Zoning Code as it Relates to the GB, General Business District and Auto Lots MOTION: Move to waive the reading of Ordinance No. 1515, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. City Council Agenda November 13, 2006 Page 3 of6 B) Approve a Comprehensive Plan Amendment (Resolution 2006-241), First Reading of Ordinance 1519, Pertaining to Rezoning of Property, and Approve Preliminary Plat for 2101 37th Avenue (Resolution 2006-242) MOTION: Move to waive the reading of Resolution 2006-241, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to reguide a specific area of land from GB, General Business to R-3, Limited Multiple Family Residential, for the property located at 2101 - 3 7th Avenue. MOTION: Move to waive the reading of Ordinance No. 1519, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1519 for Monday, November 27,2006 at approximately 7:00 p.m. in the City Council Chambers. MOTION: Move to waive the reading of Resolution 2006-242, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15 stated conditions as approved by the Planning Commission. C) Adopt Resolution 2006-220, Approving Revocation for 1081-1083 Polk Circle N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-220, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-220, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Anthony Ajewole regarding rental property at 1081-1083 Polk Circle N.E. D) Adopt Resolution 2006-221, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-221, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-221, a resolution of the City Council of the City of Columbia Heights declaring the property at 1110 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution 2006-222, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-222, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-222, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 3709 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F) Adopt Resolution 2006-223, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-223, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-223, a resolution of the City Council of the City of Columbia Heights declaring the property at 3816 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. City Council Agenda November 13,2006 Page 4 of6 G) Adopt Resolution 2006-224, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-224, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-224, a resolution of the City Council of the City of Columbia Heights declaring the property at 3848 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H) Adopt Resolution 2006-226, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-226, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-226, a resolution of the City Council of the City of Columbia Heights declaring the property at 4011 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I) Adopt Resolution 2006-227, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-227, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-227, a resolution of the City Council of the City of Columbia Heights declaring the property at 4021 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. J) Adopt Resolution 2006-229, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-229, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-229, a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th Street N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K) Adopt Resolution 2006-230, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-230, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-230, a resolution of the City Council of the City of Columbia Heights declaring the property at 4138 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L) Adopt Resolution 2006-231, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-231, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-231, a resolution of the City Council of the City of Columbia Heights declaring the property at 4149 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. M) Adopt Resolution 2006-232, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-232, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-232, a resolution of the City Council of the City of Columbia Heights declaring the property at 4242 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. City Council Agenda November 13,2006 Page 5 of6 N) Adopt Resolution 2006-233, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No, 2006-233, there being ample copies available to the public, MOTION: Move to adopt Resolution No, 2006-233, a resolution of the City Council of the City of Columbia Heights declaring the property at 4440 Jefferson Street N,E, a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 0) Adopt Resolution 2006-234, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No, 2006-234, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-234, a resolution of the City Council of the City of Columbia Heights declaring the property at 4605 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. P) Adopt Resolution 2006-235, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-235, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-235, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 6th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Q) Adopt Resolution 2006-236, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-236, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-236, a resolution of the City Council of the City of Columbia Heights declaring the property at 4935 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. R) Adopt Resolution 2006-237, Declaring Property a Nuisance/Approving Abatement of Violations MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-237, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-237, a resolution of the City Council of the City of Columbia Heights declaring the property at 4949-51 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations-None C) Other Business 1) Authorization to Purchase Property MOTION: Move to authorize the Mayor and City Manager to enter into purchase agreements for the three properties at a total cost of $1 ,300,000, with funding coming from the Liquor fund and inter-fund loans until the bonds are sold. 2) Resolution Awarding the Sale of$4.075.000 General Obligation Improvements Bonds. Series 2006A MOTION: Move to waive the reading of Resolution 2006-238, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-238, being a resolution authorizing the sale of $4,075,000 in General Obligation Improvement Bonds, Series 2006A. City Council Agenda November 13, 2006 Page 6 of6 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) 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.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cb !fA PROCLAMA TION WHEREAS, the schools represent a major investment by any community; and WHEREAS, teachers are a most important part of our community' leadership; and WHEREAS, schools represent the best possible avenue of improving the quality of life in our country; and WHEREAS, involved citizens provide a most important facet III the community schools; and WHEREAS, there is a need for better communication and a more cooperative relationship between professional educators and the community. NOW, THEREFORE, I, Mayor Gary L. Peterson of the City of Columbia Heights do hereby proclaim November 12-18,2006, to be: AMERICAN EDUCATION WEEK and urge all citizen to reaffirm their commitment to improving and supporting education at all levels, and translate this commitment into action by visiting our local schools. Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of: November 13, 2006 AGENDA SECTION: PROCLAMATIONS, PRESENTA- TIONS, RECOGNITION, & GUESTS ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL ;A../1 NO: BY: TED LANDWEHR, PRESIDENT OF "RISING TO NEW HEIGHTS" DATE: October 28, 2006, was national Make a Difference Day. This unique national program inspires and rewards volunteers. It is a day of helping others--a celebration of neighbors helping neighbors. "Rising to New Heights" urged people to look around the community and come up with a project and register it with the organization. Tonight "Rising to New Heights" wishes to specially recognize those projects and the people who did them. ITEM: RECOGNITION OF MAKE A DIFFERENCE DAY PROJECTS SUBMITTED TO "RISING TO NEW HEIGHTS" BY: DATE: NO: {3. The following people/groups submitted projects to "Rising to New Heights": Hats for our Minnesota Military Personnel (Pat Sowada) Project: The group is crocheting or knitting beanies for men and women deployed in Iraq. The soldiers wear these beanies under their helmets during the day for comfort or at night for warmth as it gets cold in the desert. Participants: The "Beanie Club" - About 15 women in Columbia Heights Columbia Heights Seniors Project: The Seniors are knitting and crocheting stocking-like hats for our soldiers in Iraq. Columbia Heights Seniors. Columbia Heights Employees Project: This year, 35 city employees collect numerous items for needy families to be distributed by SACA. These items included sheets, towels, utensils, dishes, pots and pans, clothing, birthday bags, Thanksgiving basket, money, hygiene essentials, dinners, etc. Amy Moser, Becky Loader, Councilmember Bruce Kelzenberg, Councilmember Bruce Nawrocki, Carole Blowers, Cher Bakken, Cristy Tombarge, Dana Weigman, Deanne Saefke, Diane Arne, Mayor Gary Peterson, Henry Henry, Jeanine Schmidt, Jeff Sargent, Joanne Baker, Joanne Peterson, Karen Moeller, Karen Olson, Keith Windschitl, Kelly Olson, Kevin Hansen, Larry Pepin, Larry Scott, LeAnn Ottney, Linda Magee, Liz Bray, Marsha Tubbs, Mary Dugdale, Nancy Soldatow, Paul Grosse, Pat Sowada, Paula Haynus, Shelley Hanson, Steve Leese, and Tom Johnson. John and Marvin Sowada Project: The Sowadas again donated approximately 400 pounds of vegetables from their farm garden to SACA throughout the summer. This fall, they donated pumpkins, gourds and squash to SACA. This October, they donated approximately 800 pounds of vegetables to SACA. Participants: John and Marvin Sowada Northeast Bank Employees Project: Together for Tara Fundraiser. The purpose of this event was to come together as a community to raise funds for Tara Peterson, a 27 year old single mom, facing the fight of her life with Precursor B-cell Acute Lymphoblastic Leukemia (Precursor B Cell ALL) . COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 13, 2006 AGENDA SECTION: PROCLAMATIONS, PRESENTA- TIONS, RECOGNITION, & GUESTS ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL NO: NO: BY: TED LANDWEHR, PRESIDENT OF ~RISING TO NEW HEIGHTS" DATE: BY: DATE: ITEM: RECOGNITION OF MAKE A DIFFERENCE DAY PROJECTS SUBMITTED TO ~RISING TO NEW HEIGHTS" Page 2 of 2 Pages Participants: This event was sponsored by Fuel Mart, Inc., Jacob Restaurant Group, and Sarna's, Inc. There were 15 members on the Together for Tara committee, and almost 30 volunteers the night of the event. In addition, local businesses and individuals donated over 200 silent auction items. Ashlyn and Austin Altmeyer Project: Ashlyn and Austin are a sister and brother team who helped their neighbor, Mr. Duffy, clean out his gutters and they raked his yard. They also collected food for SACA. Participants: Ashlyn and Austin Altmeyer Participants have been contacted in advance to attend tonight's council meeting and to be recognized by Ted Landwehr, President of ~Rising to New Heights". COUNCIL ACTION: OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 23, 2006 "' fir.!) r t. p [- c The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams Rev. Janice Bornhoft, First Lutheran Church gave the invocation PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed public hearings for rental license revocation of 1204-1206 Cheery Lane and abatement of 4015 Reservoir Boulevard. Nawrocki requested to add discussion on the newsletter and activity center architectural study. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS - none CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the consent agenda items. Nawrocki requested to remove 5, 6, and 7. 1) Approve City Council Meeting Minutes for October 9.2006 regular City Council meeting Motion to approve the minutes of the October 9,2006 regular City Council meeting as presented. 2) Establish the 2006 General Election Canvas for Friday. November 10. 2006 at 7:30 a.m. Nawrocki indicated that Councilmembers should be contacted before special meetings are set. Motion to establish the Canvass ofthe 2006 General Election results for Friday, November 10, 2006 beginning at 7:30 a.m. in the City Council Chambers. 3) Authorize the award of electrical service for Prestemon Park Athletic Field lighting Motion to award the Prestemon Park Athletic Field lighting electrical service to Aid Electric in the amount of $22,900 based upon their low, qualified, responsible bid with funds to be appropriated from Fund 412-50607-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Approve fund transfer - General Fund to Police Department Budget to reimburse Overtime fund. Motion to transfer $1,587.46 received from Unique Thrift Stores, $775 received from I.C.C. Fun Fest, and $275 received from the Anoka County Predatory Offender Sweep - a total of$2,637.46 from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. 5) Adopt Resolution 2006-214. being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park - removed City Council Minutes October 23,2006 Page 2 of 30 6) Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase III) - removed 7) Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment of local match. Removed 8) Approve the items listed for rental housing license applications Motion to approve the items listed for rental housing license applications for October 23,2006. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 23,2006 as presented. 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118900 through 119070 in the amount of $614,138.38. Nawrocki indicated one license is for the VFW. He has abstained in the past as he was an officer, but is no longer an officer. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda with the exception of items #5, 6, and 7. Upon vote: All ayes. Motion carried. 5. Adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park. Nawrocki asked for an explanation of these items, how much additional we are applying for, and what ProSource would get from this. Randy Schumacher, Assistant Community Development Director, stated that the first grant is for north of the old foundry site. It was not included in the Phase II funding. We will submit for $148,000 for clean up ofthat one piece of property. Schumacher stated that the Honeywell grant is a supplement to the original grant because of additional contamination that was not previously detected. He explained the contamination clean up process. This grant would be for somewhere between $400,000 and $500,000. Nawrocki stated that Shafer Richardson was already paid for that property and it has been built on. Schumacher stated that, per the original agreement, we make the contamination cleanup applications. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-214, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park. Nawrocki questioned ifthe grant is not received, will the cost come from Tax Increment Financing (TIF). Schumacher stated it would then be a Shafer Richardson cost. City Council Minutes October 23, 2006 Page 3 of 30 Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-214 AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS the City has identified a clean-up project within the City that meets the Tax Base Revitalization account's purpose/s and criteria; and WHEREAS the City has the institutional, managerial and fmancial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Grant application submitted November 1, 2006. BE IT FURTHER RESOLVED that ProSource Technologies, Inc. is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant. 6. Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase III) Schumacher stated that we received a $1,298,000 grant from the Met Council. We bid the project with five bids received. This will include removal of hazardous material from the buildings and the site. Shafer Richardson will develop this site with commercial business, an eight story high rise and residential buildings. Nawrocki questioned who owns the buildings now and when Council authorized bids for this project. Schumacher stated Shafer Richardson owns it and this was just part of the agreement process. Schumacher stated that the bids were just part of the process. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2006-215, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-215, a Resolution accepting the low bid from Veit & Company Inc. for the building demolition, removal of contaminated soil and the abatement/removal of hazardous materials in the Industrial Park (Phase III) in the amount of $914,817.00. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-215 RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND REMOVAL OF CONTAMINATED SOIL IN THE INDUSTRIAL PARK (PHASE III), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of the GreifInc. building, the Steel Tech building, and various out buildings in Phase III of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement, AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of $914,817.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase III area, according to the plans and specifications as outlined in the bid request dated October 9,2006 and on file in the office of Community Development. City Council Minutes October 23, 2006 Page 4 of 30 The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 7. Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment of local match. Fehst stated this is for the little parking lot north ofthe Phase II condos, which they were not aware were to be part ofthe original clean up. Nawrocki asked if we do not get the money, who would be responsible. Fehst stated it would be Shafer Richardson's responsibility. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-217, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment oflocal match. Upon vote: All ayes. Motion carried. RESOLUTION 2006-217 CITY OF COLUMBIA HEIGHTS, MINNESOTA - RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 23,2006, by the City of Columbia Heights for Phase IIA of the Industrial Park; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1,2006, and that Walt R Fehst, City Manager, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOL YED that the City of Columbia Heights has the legal authority to apply for [mancial assistance, and the institutional, managerial, and [mancial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, City Council Minutes October 23, 2006 Page 5 of 30 Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). PUBLIC HEARINGS A) 2nd Reading: Adopt Ordinance 1517, being a Zoning Amendment to the Zoning Code as it relates to Swimming Pools and Portable Pools. Nawrocki questioned the two different ordinances attached. Jeff Sargent, City Planner, stated one shows the ordinance with changes and the second shows current code with highlighted changes. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1517, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1517, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Copy of this ordinance can be found at the end of this document. B) 2nd Reading: Adopt Ordinance 1516, Zoning Amendment to the Zoning Code as it Relates to Correctional Residential Care Facilities. Fehst stated this is zoning for correctional residential care facilities, where concerns caused a moratorium to be put in place. This ordinance would limit these facilities to Zone II and 12 and include distance limits between such facilities. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1516, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1516, being an ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Diehm asked when the first reading of this ordinance was. Patty Muscovitz, Deputy City Clerk, indicated that the first reading was at the last City Council meeting. Copy of this ordinance can be found at the end of this document. C) Adopt Resolution No. 2006-208, being a Resolution for Rental Housing License Revocation at 4244 Washington Street N.E. Fire Chief Gary Gorman indicated this revocation was for failure to schedule an inspection and submit fees. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-208, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 6 of 30 Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-208, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Scott Barrett regarding rental property at 4244 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-208 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Scott Barrett (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4244 Washington Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public hearing to be held on October 23,2006. 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 I. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 2006, 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 re-license the rental license for the property, failure to submit the application and the fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7429 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. D) Adopt Resolution No. 2006-209, being a Resolution for Rental Housing License Revocation at 660-662 4712 Avenue N.E. Gorman stated this is one of several properties owned by this person that they have walked away from and is in the process of foreclosure. There is a party interested in buying the property. Revocation is for failure to schedule a renewal inspection. Nawrocki questioned what would happen to the renters. Gorman stated that the property would be posted and following 60 days they will not be allowed to live there. If the bank takes over, they will also be evicted. Gorman indicated it would be best if the property were purchased before it goes back to the bank. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-209, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 7 of 30 Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-209, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Christopher and Tracy Decker regarding rental property at 660-662 47-112 Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-209 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 27, 2006 of an public hearing to be held on October 23, 2006. 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 or about July 15,2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 27, 2006, 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 license renewal inspection for the interior of the building/rental units. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7819B 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. E) Adopt Resolution No. 2006-210, being a Resolution for Rental Housing License Revocation at 1204- 1206 Cheery Lane N.E. - removed F) Adopt Resolution No. 2006-211, being a Resolution for Rental Housing License Revocation at 1211- 1213 Cheery Lane N.E. Gorman stated the licensing paper work has been completed, but the fees have not been paid. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-211, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-211, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1211- 1213 Cheery Lane N.E. as amended to remove 3A. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 8 of 30 RESOLUTION 2006-211 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public hearing to be held on October 23,2006. 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 or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 2006, 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 license renewal inspection for the interior of the building/rental units, Failure to submit a rental license renewal application and required fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7428 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. G) Adopt Resolution No. 2006-212, being a Resolution for Rental Housing License Revocation at 4544 Fillmore Street N .E. Gorman stated the inspection is complete, but the owner failed to submit the application and the fees. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-212, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-212, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-212 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Kyle Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and City Council Minutes October 23, 2006 Page 9 of 30 reasons for the proposed Council action contained herein was given to the License Holder on October 2, 2006 of an public hearing to be held on October 23,2006. 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 or about September 18, 2006, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 2,2006, 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 submit a rental license renewal application and required fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4544 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. H) Adopt Resolution No. 2006-213, being a Resolution for Rental Housing License Revocation at 4642 Taylor Street N.E. Gorman listed violations inside and outside on the property. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-213, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-213, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Becky Xiong regarding rental property at 4642 Taylor Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-213 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Becky Xiong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4642 Taylor Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 20, 2006 of an public hearing to be held on October 23,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 15, 2006, 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 September 20, 2006, inspectors for the City of Columbia Heights, reinspected 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 City Council Minutes October 23, 2006 Page 10 of30 rental housing license application. 3. That on October 16, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted five 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. 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 Failure to correct RMC violations. The violations are as follows; Downstairs, Shall remove the sheetrock in the southeast corner bedroom and remove the mold from the structure, Downstairs, Shall replace the removed sheetrock in the southeast corner bedroom, Shall paint the sheetrock, Outside, Shall correct the drainage problem in the front. Water is entering the structure and causing mold. Shall install downspouts on the structure, Shall remove the scrub growth from all around the property, Shall remove all/any outside storage from the property. Items include, But not limited to: Miscellaneous junk behind the garage. 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 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7574 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. I) Adopt Resolution No. 2006-192, being a Resolution for abatement of violations at 4228 5th Street Gorman stated this rental property was vacant, but has violations requiring abatement. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-192, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-192, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4228 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-192 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Robert Barron (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4228 5th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 30, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 14, 2006, inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that four violations remained uncorrected. City Council Minutes October 23, 2006 Page 1101'30 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any/all scrub growth from around the house and around the garage, Shall repair the siding on the garage on the south side, Shall scrape and paint the trim on the house and the garage, Shall remove stump on north side of property near the alley. Must be ground down to 6 inches below grade then filled in. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4228 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4228 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. J) Adopt Resolution No. 2006-193, being a Resolution for abatement of violations at 233 42nd Avenue Gorman stated the western 45 feet of this property is still owned by the previous owner of this address. It is a landlocked piece of property. Violations are on this strip of property. Gorman indicated the property on a map. Diehm asked if the resolution should to be more specific to the property. Gorman stated the name listed is the owner of the property strip. Jim Hoeft, City Attorney, indicated this property should be listed by the PIN Number 35-30-24-23-0161. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-193, with the address being replaced with the property identification number, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-193, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 35-30-24-23-0161, a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki referred to the poorly kept area adjacent to this. Gorman stated that area is due for inspection shortly. Nawrocki referred to 4242 3rd Street where there was a complaint of an open dumpster. Fehst stated he is not sure that the ordinance requires them to be closed. Nawrocki stated that they should be closed. Nawrocki stated that at the comer of 44th and 3rd Street, the twin home has been under construction for a long period of time and questioned when it would be finished. RESOLUTION 2006-193 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gary Dungey (Hereinafter "Owner of Record"). Whereas, the owner ofrecord is the legal owner of the real property located at PIN 35-30-24-23-0161. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes City Council Minutes October 23, 2006 Page 12 of30 and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14,2006 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 12, 2005 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 21,2005, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. At that time, an extension was requested and granted until September 14, 2006 3. That on September 14, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006 inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any/all dead trees and remove their stumps to below ground level. 6 . That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at PIN 35-30-24-23-0161. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at PIN 35-30-24-23-0161 constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. K) Adopt Resolution No. 2006-194, being a Resolution for abatement of violations at 3853 Central Avenue Gorman stated that only peeling paint removal has not been completed at this time. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-194, there being ample copies available to the public, with the removal of item A. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-194, a resolution ofthe City Council ofthe City of Columbia Heights declaring the property at 3853 Central Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-194 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by FC Celtic LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3853 Central Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28,2006 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: City Council Minutes October 23, 2006 Page 13 of30 FINDINGS OF FACT 1. That on August 18,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall scrape and paint house where it is peeling. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3853 Central Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3853 Central Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. L) Adopt Resolution No. 2006-195, being a Resolution for abatement of violations at 3713 Quincy Street Gorman stated there are two violations regarding painting. The outdoor storage has been removed. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-195, with item B removed, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-195, a resolution of the City Council of the City of Columbia Heights declaring the property at 3713 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-195 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Rory B. Franzen (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3713 Quincy St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. City Council Minutes October 23,2006 Page 14 of30 2. That on September 22, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair holes in overhead garage doors and paint doors, Shall remove any/all outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; Tires from along side garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3713 Quincy St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3713 Quincy St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. M) Adopt Resolution No. 2006-196, being a Resolution for abatement of violations at 666 40th Avenue Gorman stated this is the old dental lab property. Violations still remain outside on the property. Address numbers have been completed. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-196, with the removal of building numbers, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-196, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 666 40th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-196 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael J Thoennes DDS (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666 40th Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 10, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 21,2006 inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that six violations remained uncorrected. City Council Minutes October 23, 2006 Page 15 of30 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all downed tree branches in the back yard, Shall remove branches from roof of structure, Shall remove all brush piles from the back yard, Shall clean out all gutters, Shall cut down any/all scrub growth from NE comer of building. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 666 40th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 666 40th Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. N) Adopt Resolution No. 2006-197, being a Resolution for abatement of violations at 1401-1403 Parkview Lane Gorman stated the property has been vacant for 1.5 years. The last mailings sent were returned. There are many violations on the property that have not been touched. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-197, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-197, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 1401-1403 Parkview Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-197 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 20,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found ten violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2006, inspectors reinspected the property listed above. Inspectors noted that ten violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that ten violations remained uncorrected. City Council Minutes October 23,2006 Page 16 of30 4 .That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the scrub growth from the property, Shall scrape and paint the trim on the house, Shall repair the loose handrail in front, Shall replace the missing front storm door, Shall repair all windows and screens that are damaged, Shall repair the handrail on the 1403 side, in the rear, Shall cut and remove all/any long grass and weeds from the property, Shall repair the damaged stucco on the west side of 1401, Shall repair or replace the shingles on the shed in back, Shall paint the shed in back. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner ofrecord, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 0) Adopt Resolution No. 2006-198, being a Resolution for abatement of violations at 1401-1403 Parkview Lane Gorman stated that there was a broken window on the 1401 side and when we were not able to contact the owner, an immediate abatement was ordered. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-198, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-198, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-198 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6, 2006 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 I. That on August 15, 2006 an inspection was conducted on the property listed above. Inspectors found one violation that needed immediate correction. The Fire Chief called the phone number on file and left a message ordering that the 1401 side be secured. City Council Minutes October 23, 2006 Page 17 ono 2. That on August 29,2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. On August 30, 2006 an approved City of Columbia Heights contractor performed the immediate abatement and boarded up the broken window. 3. That on August 39, 2006 and October 6,2006, notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall immediately repair the broken window in the door of the 1401 side. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. P) Adopt Resolution No. 2006-199, being a Resolution for abatement of violations at 623 37th Avenue Gorman stated that staff belief this property is vacant, with three violations cited. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-199, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-199, a resolution of the City Council of the City of Columbia Heights declaring the property at 623 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-199 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jennifer Hughes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 623 37th Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 22,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 22, 2006 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected. City Council Minutes October 23, 2006 Page 18 of30 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall install address numbers on the garage, Shall remove all scrub growth along the house and garage, Shall replace rotted and missing siding and fascia board on the garage and paint garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL l. That the property located at 623 37th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL l. The property located at 623 37th Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Q) Adopt Resolution No. 2006-200, being a Resolution for abatement of violations at 1412 Parkview Lane Gorman stated that two violations have been corrected, but the missing trim has not been corrected. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-200, including only missing trim, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-200, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-200 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Edith Johnson (Hereinafter "Owner of Record"). Whereas, the owner ofrecord is the legal owner of the real property located at 1412 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 20,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20,2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace missing trim on the front of the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 19 of30 CONCLUSIONS OF COUNCIL 1. That the property located at 1412 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1412 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. R) Adopt Resolution No. 2006-201, being a Resolution for abatement of violations at 4701 University Avenue Gorman indicated there are three violations on the property, with the belief that the property is vacant. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-201, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-201, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-201 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Juliet Kaweesa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 23,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove large tree stump from yard, Shall install address numbers on the rear of the property, Shall repair/replace the missing/damaged siding on the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL City Council Minutes October 23, 2006 Page 20 of 30 1. That the property located at 4701 University Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4701 University Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. S) Adopt Resolution No. 2006-202, being a Resolution for abatement of violations at 4015 Reservoir Boulevard Removed T) Adopt Resolution No. 2006-203, being a Resolution for abatement of violations at 4338 2nd Street Gorman stated there is one violation on the property at this time. There have been other violations that the building official has been involved in. This property is also believed to be vacant. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-203, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-203, a resolution of the City Council of the City of Columbia Heights declaring the property at 4338 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki stated that we have assessed people for street work in this area, but the work is not complete. RESOLUTION 2006-203 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Gorman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4338 2nd St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 27,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 27,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove large brush pile from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 21 of30 CONCLUSIONS OF COUNCIL 1. That the property located at 4338 2nd St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4338 2nd St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. U) Adopt Resolution No. 2006-204, being a Resolution for abatement of violations at 4208 Jackson Street Gorman stated there is a large tree stump in the rear of the property. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-204, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-204, a resolution ofthe City Council ofthe City of Columbia Heights declaring the property at 4208 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-204 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Scott Anderson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4208 Jackson St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21,2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree (tree stump) in the rear of the property to within 2-4 inches below the ground level. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4208 Jackson St N.E. is in violation of the provisions of the Columbia Heights City Code as City Council Minutes October 23, 2006 Page 22 of 30 set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4208 Jackson St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest V) Adopt Resolution No. 2006-205, being a Resolution for abatement of violations at 4201 Van Buren Street Gorman stated there is one violation of outdoor debris. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-205, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-205, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4201 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Diehm asked for a clarification of violations on the property. Gorman showed her a photo. Upon vote: All ayes. Motion carried. RESOLUTION 2006-205 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Laura Aguilar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4201 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21,2006, inspectors reinspected the property and found that one violation remained uncorrected. That on October 16,2006, inspectors re-inspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove area of bricks and garbage by the alley and shall sod/seed/landscape area. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL City Council Minutes October 23, 2006 Page 23 of 30 1. That the property located at 4201 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4201 Van Buren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. W) Adopt Resolution No. 2006-206, being a Resolution for abatement of violations at 4207 Van Buren Street Gorman stated there is a double tub in the back with grass and weeds. Nawrocki questioned if the tube was put out with the garbage if it would it be picked up. Gorman stated that if it were broken up the hauler could take it. Fehst stated that the hauler can not remove an item this heavy. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-206, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-206, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4207 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-206 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Oued Sota(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4207 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 6,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the concrete wash sink from the property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 24 of 30 CONCLUSIONS OF COUNCIL 1. That the property located at 4207 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3.That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4207 VanBuren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. X) Adopt Resolution No. 2006-207, being a Resolution for abatement of violations at 3922 Van Buren Street Gorman stated this property has one outside storage violation remaining. He stated the frustration of staff, as this violation would only require putting a tire and some plastic in the garage. Fehst stated that we take tires at the recycling center on Saturdays from 9 a.m. to 1 p.m. Gorman stated that the owners were giving this information. The wheelbarrow has been removed. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-207, with the removal of the wheelbarrow, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-207, a resolution of the City Council of the City of Columbia Heights declaring the property at 3922 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-207 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jeffery Droll(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3922 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 21,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on October 16, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any/all outside storage including but not limited to; Tire, Plastic. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 25 of 30 CONCLUSIONS OF COUNCIL 1. That the property located at 3922 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3.That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3922 Van Buren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Y) Adopt Resolution No. 2006-216, being a Resolution for abatement of violations at 4625 Tyler Street Unit #8 Gorman stated this relates to the rental license revocation with sewer backup in unit #8. We had someone fix the items and a cleaning company handle major mold issues in the basement and removal of the main floor carpeting due to mold. Personal items of the tenant that were in the basement were removed and are currently trying to be salvaged. We have not had recent contact with the owner. Units in this building have been posted as uninhabitable and the water has been turned off. The outside area was also cleaned up. Tenants are slowly leaving the building. Peterson suggested relocation of the remaining residents. Gorman indicated the resources recommended to the residents. Peterson suggested we contact the Salvation Army. Hoeft stated that anyone remaining is probably not paying rent and wants to stay. Deb Johnson, 4626 Pierce Street, commended the Fire Chief on these hearings, as they are long past due. It is good that people are required to take care of their property. She asked how the properties are cleaned and how long it takes. Gorman stated that on small abatements the Fire Department does the work and on larger jobs contractors are hired. Gorman stated that ten abatements from two council meetings ago are ready for the contractor. It takes time to obtain administrative search warrants and to meet with the contractor. Johnson pointed out that the names for license revocation are on the agenda, but not for the abatements. Gorman stated the names are on the resolution. Mayor Peterson asked if anyone was present to address this item. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-216, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-216, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4625 Tyler Street Unit #8 a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-216 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street N.E., Unit #8, Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6, 2006 City Council Minutes October 23, 2006 Page 26 of 30 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found two violations that needed immediate correction. A compliance order was sent via regular mail to the owner at the address. 2. That on August 23,2006, the City of Columbia Heights Building Official inspected the property inspected the unit after being notified of the conditions by the Fire Department. The Building Official declared the unit uninhabitable. The Building Official posted the unit as such and notified the tenants and the owner. 3. That on September 7,2006 after receiving no response from the building owner the Fire Chief ordered an immediate abatement and a contractor was hired and work to correct the issues began on September 7, 2006. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the drains in the property that are repeatedly backing up and causing flooding in the unit. Shall have a professional check the drains in the unit and provide the City with a report detailing their repair and shall properly remove all water and/or moisture from the basement. Shall properly clean and sanitize the basement of all/any water or mold damage in the basement. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4625 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Business 1) Newsletter concerns Nawrocki stated the newsletter would not come out until after the election. This could have been used to publish an article about the Charter amendment. We were critical of the Charter Commission for missing the opportunity to use the water bills to send out information, but then we don't use the newsletter. On the budget article items were left off and made rosy. The budget information is incomplete. There is a chart from the Anoka County Union with proposed increases from 15 communities in Anoka County and we have the low indicated increase, but it does not say that we have the sixth highest total property tax rate. It does not talk about the water, sewer and storm sewer increase or the street assessments. 2) Activity Center Nawrocki stated that Council was told city staffhas hired an architect regarding locations of an activity center. He stated that there should be competitive bids. It should not be assumed they would be used throughout the entire project. Nawrocki referred to reserve funds used for consultant fees and his assumption that is where the architect fees would come from. ADMINISTRATIVE REPORTS Report of the City Manager . Good article in October 25 Northeaster on what we need to do to maintain our housing stock and the improvement to our city. He referred to increased property values. . Thanked Ms. Johnson for her positive comments regarding nuisance abatement. . The Minneapolis City Council will host a "meet your neighbors" on November 29th at the downtown library. All inner ring suburbs will be invited. City Council Minutes October 23, 2006 Page 27 of 30 . The Library budget meeting will be at 6:30 p.m. on Wednesday at Murzyn Hall and the Recreation budget will be presented at 7:00 p.m. Nawrocki . Questioned the times of the budget meetings. Concerned with time spent on the power point presentation there will not be time to go into the budget details. . We have not completed the road repairs, but we have assessed residents. When will it be done? Fehst stated he wouldforvvard that information. . 5151 and University - they picked up the tires and put them on a truck, but the truck is still on the property and the fence has not been fixed. What are we doing about it? Fehst stated they have reduced the number of cars and are working with us. They continue to be cited for violations. . Savers outside storage needs to be removed and the fire lane cleared. Fehst stated that staff would look into this. . 3841 3rd Street is being cleaned up a little, but has more work to do. Fehst stated that staffwill follow up on this. . 43rd and Central- restaurant property is a mess. Fehst gave the background on the property and stated that we do not have a commercial maintenance code at this time. If there are health concerns, we can force the issue. . Wagamons lot has several cars, some without current license plates. Fehst stated that the police have been notified to tag such cars and Wagamons have been not~fied. . We used to get a Friday report on these issues, but do not receive it anymore. Fehst stated it was not needed for one week. Report of the City Attorney - none CITIZENS FORUM Deb Johnson, 4626 Pierce, asked ifthe green sheet is public information. Fehst stated it is an internal document available at the library. Johnson suggested placing it on the web site. COUNCIL CORNER Kelzenberg . Read a police item from the green sheet to show a sample of what our officers do. Most problems are in Grid 8 and that is why we want to clean up that area. . There is a campaign going on right now for enforcement of seat belt use. Peterson . Suggested additional police patrol funds continue throughout the winter. It can be discussed in the budget process. . Sister City Committee fund raising dinner was a great success. They raised about $5,500 for the children's hospital in Lomianki. This was noticed in a national publication. . Appreciate our service men and women. We just lost a serviceman from Beardsly, MN. No matter your opinion on the war, support our troops. . The General Election is November 7. Encouraged everyone to get out and vote. Diehm . Attended the Crest View Gala and Parkview Villa bazaar. They were great events. . The Fire Department did an excellent job on their open house last Saturday. . Value for the month is non-violence. . Make a Difference Day is coming up - take time to do a kindness for someone. . November 2 there will be a play at Highland Elementary School City Council Minutes October 23, 2006 Page 28 of 30 . Halloween is coming up; pay attention to kids out trick or treating. . The General Election is coming up; regardless of your political view, get out to vote. Nawrocki . Regarding the activity center study - some people make it sound like we don't have an activity center, but we have had one since 1938. Visited Murzyn Hall last Thursday night and the rooms were all being used. . Attended the quarterly meeting ofthe Suburban Rate Authority. At their annual meeting on January 17 representatives from Xcel will be present. Asked that Xcel personnel that handle service calls be present. . League of MN Cities - serving on the revenue committee that is developing policies for the coming year. Copy of the draft of policies is available to borrow. . Fire Department Open House was a great event, with things for young and old to do. The CERT group was there. Encouraged residents to sign up. Peterson . Attended the Fire Department Open House and viewed a chest compressor they have on loan. After two minutes a person is ineffective in giving CPR and this piece of equipment would be a great thing. Stated he put on the firefighter boots, jacket, pants, and hat. When he just walked across the room he was exhausted. How they save people and buildings in this heavy equipment is amazing. Indicated respect for the jobs of police officers and firefighters. . Referred to an even that Keith Roberts will sing at. . Don't take yourselves too seriously; do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND PORTABLE POOLS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of3.5 feet or a capacity ofless than 3,000 gallons of water. Chapter 9, Article I, Section 9.106 (C)( 4) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured City Council Minutes October 23, 2006 Page 29 ono with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (t) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. (j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1516 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I-I, LIGHT INDUSTRIAL DISTRICT AND THE 1-2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (37) Residential care facility, correctional. (a) The use shall be located at least \4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the I-I, Light Industrial District and the 1-2, General Industrial District parcels throughout the City. (c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of300 square feet for each resident over two. The maximum number of residents shall not exceed four (4). (e) On-site services shall be for residents of the facility only. (f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. (g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. City Council Minutes October 23, 2006 Page 30 of 30 (j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.111 (D)(3) of the Columbia Heights City Code, Is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (D) I-I, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. ( e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Chapter 9, Article I, Section 9.111 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (E) 1-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JULY 25, 2006 5,4.a)o.) Call to Order - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:28 p.m., July 25, 2006, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance CONSENT AGENDA Approve the Minutes of April 25, 2006 Regular Meeting and Financial Report for the months of April, May and June 2006, Resolution 2006-05. Nawrocki asked on page 1, under investment revenue, how does it work. Lindig stated the investment income is managed by the City advisors and once a year the City finance department informs them what the investment performance was and what share of that investment income is for Parkview Villa South. Nawrocki stated in both the north and south supplies you talked about a need to correct some errors in the way some invoices were coded to various expense categories, can you tell me a little about that. Lindig stated when he was going through his review after the first quarter, he noticed a fair amount of expenses that should have been maintenance and construction that were coded to general supplies and vise a versa, so he made corrections. Nawrocki asked about the City of Columbia Heights billing. Lindig stated it is the water bill and labor transfer for bob and Cher's time for their work performed for Parkview Villa north and south. Nawrocki said, frankly he felt it was another way to make the budget look better by tapping revenue, when we are paying Walker a hundred and some thousand for management. Streetar stated the City has a contract with the HRA and in that contract it states the City will recover its labor costs, which doesn't include the copier paper costs and other costs. Nawrocki stated he would like a better breakdown of how he is coming up with that labor cost. Streetar stated on the form b that each department fills out it is the hourly rate and fringe, the City specifically decides how we are going to arrive at that amount. Cher and I have a pretty good idea of how much time we spend working on items for Parkview Villa. For example, recently we spent approximately 15 to 20 hours working on Davis Bacon issues and HUD monitoring. Motion by Williams, second by Kelzenberg, to approve the consent agenda Items #4 and #5 as listed. All ayes. Motion Carried. BUSINESS ITEMS Housing & Redevelopment Authority Minutes July 25,2006 Page 2 of 10 Report of Management Company Todd Kline stated he is assuming the role of Lisa Toms and if the board has any questions on the report, for the months of April, Mayor June he would be happy to answer them. Nawrocki stated in the May report you talk about using staff and saving approximately $8,000, how much did we anticipate spending for this and has the work been done yet. Kline stated they originally were going to do the work themselves with our maintenance person, but they will be going out for bids instead, using outside contractors and that he wasn't aware where that amount came from. Jindra stated at the resident council meeting it was stated we didn't have the expertise or equipment to do it. Kline stated that was true. Diehm stated the $8,000 was maybe an estimated amount. Streetar stated in the capital improvement plan for the south building which was from 2004 it says painting the common areas and windows was estimated to be $11,000. So that is probably between $15 and $18,000 today. Paint for the interior garage was $9,000. That was the two painting items in the capital improvements plan. Resident Council Minutes Jindra asked the board if there were any questions. There were none. Citizen Forum Resident Ron Peters, Unit 414 stated Dana isn't here to defend herself, they transferred from apartment 423 to 414, Dana swore up and down the unit would be clean, he has pictures he took, which show where they had to clean. Their old apartment was just fine except for the Star Bar noise and that they still had to pay the $400 to move into the new unit. Ecklund Jr. stated he had a meeting with the Peters and Dana, which determined there was some things that came out of the meeting and felt they should be reimbursed for half of the money. Mrs. Peters provided Chair Diehm with pictures of the apartment. Nawrocki stated regarding the Star Bar, he has talked to the Police Department who stated that part of their operation is going to be removed and the discount store would be moving into that space. Motion by Williams, second by Ecklund Jr. to give the Peters a refund of $200 of the move in fees. All ayes. Motion Carried. Resident, Dorothy Schafer, Unit 425, asked why do they have to pay the $425 to move internally. Diehm stated we had to administer a program for internal moves, which is for the cleaning, painting, etc. to get the unit ready. Schafer stated that is too much. Jindra stated it was because people were moving around the building so often and it was costing us money and staff time. Housing & Redevelopment Authority Minutes July 25, 2006 Page 3 of 10 Nawrocki stated whenever you move you should be able to move into a clean unit, normal wear and tear you shouldn't be responsible for and when you move out you would have to do some cleaning. Schafer stated that the stove and refrigerator goes with her each time she has moved. Nawrocki stated he has never heard of that. Diehm stated with the new modernization of apartments we wouldn't be able to do that. Resident, Jan Honeyford, Unit 205 asked if has a building plumbing problem been brought up in the past, as she had laundry soap come up in her sink, it has happened in the past, she can't do anything in the sink, it has an odor, she has been here almost a year, this is the first day in five days that this hasn't backed up, she hasn't filed a work order as the first time she did Dana stated that happens all of the time. Kline stated he would appreciate it when this happens that she fills out a work order. Streetar stated he used to be a plumber, the drain you can put the stopper in a lock position, as a temporary fix until a plumber comes. Resident, Vivian Fahey Unit 225, has the same problem, has lived here for about two years, Terry came and cleaned the drain from her apartment down to the first floor, but, he wasn't sure where it was coming from. Diehm asked if she was near the laundry room. Fahey stated she wasn't. Resident, Renie Suftka unit 104 stated she has lived there forever, they have tried everything, blown out the pipes, which worked for a while, has heard because they don't have a basement that there is only one pipe for all of the drains to run into and that is the problem. Diehm stated we would ask for an update on this from management. Ecklund stated Honeyford said she had written this issue up, and said that he has written up items also, but would like to get a response from staff as to when they are going to be able to do the work. Diehm asked Kline if there was a policy for this. Kline stated he wasn't sure, but would check into it. Resident, Unit 123, stated she has the same problem. Diehm stated she hoped the residents understand that is why we have a member taking minutes at the resident council meetings, and that they should feel free to talk to her before the meetings. Set Public Hearing for the 2007 PHA Plan Lindig stated as part of the HUD requirements we have to submit a PHA plan, which has to be approved by the Board, one of the requires is that a public hearing be published 45 days in advance and would like to have the board approve conducting the public hearing for October 24th. Motion by Nawrocki, second by Williams, to set a Public Hearing date of Tuesday, October 24, 2006, at 7:00 pm at Parkview Villa for the purpose of receiving public input on the 2006 Public Housing Authority (PHA) Plan. All ayes. Motion Carried. Housing & Redevelopment Authority Minutes July 25, 2006 Page 4 of 10 ih Floor Modernization Kline stated this is in line with the other modernization project plans, we are asking that the board approves the contract with Unicorp using all of the remaining 2004 Capital Improvement Funds before the September deadline. Diehm stated this would include new entry doors, kitchen cabinets, appliances, lighting, countertops, bathroom vanities, kitchen and bathroom faucets, and would also include new carpet in the main hallways of the floor. Nawrocki stated the estimate is $11,000, which is $2,000 over the other floors. Lindig stated the $11,000 per unit included all of the repairs on the ih floor and going back to the 8th and 9th floors to install new medicine cabinets and faucets. Diehm stated she has heard good comments from the residents that have already received this. Resident, Diane Powell, Unit 905, stated she loves the remodeling that was done to her apartment. Motion by Jindra, second by Williams, to approve the bids and award the contract for Phase 3 of Parkview Villa North Apartment Modernization Project to Unicorp for an amount not to exceed $107,500; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. 7th Floor Appliance Purchase Lindig stated as part of the ih floor modernization project, we usually bid the appliances separately. Staff would utiiize the City for removal of the old appliances at no charge. The three bids that were received were: 1) Alllnc at $8,971; 2) Warner Stellian at $9, 776.80 and 3) Guyers at $8,520. Normally, we would go with the lowest bidder, but in this case we are recommending that we use Alllnc again for the 7th floor appliance purchases to make sure the appliances match the other floors. Diehm agreed it would be good to stay with the same kind of appliances. Ecklund stated for the $400 more, he would rather go with All Appliances again. Motion by Ecklund Jr., second by Williams, to approve the bid from All, Inc. to complete the appliance services during our ih floor rehab in an amount not to exceed $8,971.00; and furthermore to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. South Building Roof Repair on East Side of Building Kline stated that after the last storm there was a leak noticed from the ceiling where the north and south building adjoin. Staff called a contractor immediately who said we should call back the contractor that did the work, as this should still be under warranty. Omni roofing came out and repaired the roof and alerted staff there is more work to be done caused from hail damage. Repairs would consist of tearing off the old shingles and ice and water shield, replacing them and seal the areas as needed. The bids received were Sox & Company Construction LLC for $750; D & B Home Improvements for $1,250; and Omni Housing & Redevelopment Authority Minutes July 25,2006 Page 5 of 10 Roofs for $1,750. Staff recommends the HRA approve the lowest bid from Sox & Company Construction, LLC. Nawrocki stated what was the problem with the other contractor had. Kline stated he wasn't sure as it happened before he started. Ecklund Jr. stated he heard that he made a hole in the roof and determined that additional repairs needed to be made. Motion by Williams, second by Ecklund Jr., to Approve Sox & Company Construction, LLC that has given us the lowest bid for the roof repairs not to exceed the amount of $750; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Curb Appeal Project Kline stated the inside of the building is looking pretty good and would like to see the outside updated also. The area is over grown and the weed barrier has deteriorated. Staff obtained three bids for adding three retaining walls, existing rock removal, mulch and perennial flowers or shrubs be added, and on each side of the driveway we are recommending to remove the rock and slope and add mulch those areas. The three bids were $8,864 from Twin City Lawn Care, $8,987.55 for Villa Landscapes and $9,480 from Noble Landscape. The South Building Capital Fund Budget for FY2006 would be used for financing the project. Staff recommends approval of the contract with Twin City Lawn Care. Ecklund Jr. stated they have been trying to get this done for the past 2 ~ years, but do we have to go that elaborate, as that is a lot of money. Nawrocki questioned the expenditure, and the need for this at this time, didn't feel that curb appeal is bad, it is unacceptable to use all of the funds coming from the capital funds, this isn't fair, it is like when we increase the management fees for Walker, we increased the rents in the south building, the capital improvement money is set aside for things more like roof repairs. Williams stated he would like to see more what it would look like now. Jindra stated she didn't think it looked that bad. Kelzenberg stated he also didn't think it looked that bad. Diehm asked Ecklund Jr. if he talked to Dana about this, or the Residents Council. Ecklund stated he talked to Dana. Diehm asked Streetar if it would be inappropriate to give the residents council like $1,000 to be used. Streetar stated the VFW and a portion of the laundry machine proceeds, goes to the Residents Council. Nawrocki stated Streetar was right the VFW is giving the Resident Council money. Ecklund stated the Residents Council did plant and put their money into the flagpole circle. Resident, Mr. Schafer stated years ago when they first came to Parkview Villa, the circle was a mess, they made quilts and used the money to buy plants for that area. Housing & Redevelopment Authority Minutes July 25, 2006 Page 6 of 10 Motion by Nawrocki, second by Williams that this matter be referred to the Residents Council. All ayes. Motion Carried. Heating/Cooling Systems in Community Room B Kline stated in the last couple of years, staff has had trouble maintaining the two large air conditioner/heating units in Community Room B. Recently we had the working unit recharged, but the other one will not hold Freon. Staff is looking to replace this unit in 2006, using Capital Funds. Three bids were received from: 1)Owens Companies for $17,600, 2) Boiler Services for $16,534 and 3) LBP Mechanical for $13,920. Staff recommends approval of the contract with LBP mechanical. Ecklund asked if that was both units, or just one. Kline stated it was for only one this year. Nawrocki asked where the money is coming from. Lindig stated he believed it would be coming from the capital improvement funds for the south building. Motion by Kelzenberg, second by Williams, to Approve the low bid from LBP Mechanical, Inc. not to exceed the amount of $13,920, from the South Capital Improvement Funds; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. TV Antenna System Kline stated in the past staff has looked into getting a discount rate from Comcast for Cable TV. The reduced rate is only applicable if 100% of the residents hook up to Comcast. Staff recently completed a survey to find out what residents would like to do. We received a total of 60 surveys back, with 41 residents already using Comcast, 18 use the antenna system, and one that does not use any. Staff called a contractor to educate residents and find out approximately how much repair or installing a new rooftop TV antenna would cost. We found out that with the new technology coming in 2007 converting analog to digital televisions, even if we replaced the current antenna, it would not be compatible. The other option is to connect to the City network through Comcast Universal hook up. Residents would receive better reception and a couple more channels for free. Therefore, staff is recommending connecting to Comcast Universal through the City connection for both the North and South buildings. Nawrocki asked what is the service you get through the City. Diehm stated it is the City contract with Comcast. Diehm stated it is a free service, make sure if you call that you tell them you are from Columbia Heights and the service is free, because it is part of the City Contract. Ecklund stated his cost is $60 a month, because he gets a lot of channels, but it is free if you only want the local or universal connection. Motion by Williams, second by Jindra, to utilize the Comcast Universal City Connection provided by the City at Parkview Villa North and South. All ayes. Motion Carried. Housing & Redevelopment Authority Minutes July 25,2006 Page 7 of lO Rent Transition Extension Alternative Streetar stated what you being asked to consider this evening is extending the rent transition period for Parkview Villa South residents living in 15 of the 45 units, as those residents in the 15 units will experience significant increases in rent beginning on January 1,2007 and may have to move. In 2004, due to shortfalls at Parkview Villa South, the HRA implemented a 3-year plan to increase rents to ensure adequate revenues to pay the necessary property operating and capital costs. This problem initiated from Crest view not charging the residents in the south building the correct increases, they were charging them the same as the residents in the north building, which was incorrect. The plan called for moderate and level rent increases for current residents each year, over a three-year period, with a final increase on January 1, 2007. The HRA encouraged residents to apply for the North building, if needed. On January 1, 2007, rent for a 1-bedroom apartment would be $545 per month, and for a 2-bedroom $695 per month. The table shows the rent each unit is currently paying, and the amount to be paid on January 1st. With this extended rent transition, residents would pay $16.23/month in 2007, $16.94/month in 2008 and $17.67/month in 2009. The remaining 15 experiencing an average monthly increase of $191, which could result in some residents having to move. In order to continue to serve the senior residents of Columbia Heights, staff is recommending for these 15 units, increasing their rent each year on January 1st by 4.35% or about $16/month, allowing them to remain in their home. Nawrocki asked what window replacement is he talking about earlier in the meeting and what is the current fund balance. Streetar stated it was all of the windows in the south building. TKDA did a study for us a couple of years ago that stated the windows in the south building needed to be replaced. Nawrocki asked what the fund balance was again. What Nawrocki may be referring to is a couple of years ago there was a sum of $700,000, which was the difference between what it costs to build the building and what the bonds were sold for, which could not be used for capital funding per state statue. We refinanced the bonds that were used down from 7 to 2 percent. That money was used to reduce the principal of those bonds. There is $540,000 in Parkview Villa South fund balance. Motion by Ecklund Jr., second by Kelzenberg, to Approve extended rent transition period alternative. All ayes. Motion Carried. Walker Contract Extension Streetar stated what you are being asked tonight is to extend the contract with Walker, which began on February 1, 2004 and ends on January 30, 2007. The HRA has the choice to extend the current contract for one year or prepare a request for proposal for a new management company. Staff recommends extending the contract for two reasons: 1) Staff's experience with Walker has been good, they have been thorough in the administration of the operating of the capital budgets, work effectively with HUD, they acknowledged the opinion of Housing & Redevelopment Authority Minutes July 25,2006 Page 8 of 10 commissioners that the on-site manager could do a better job, and has been competent. The current property manager will be taking a new position in mid July and Walker will be hiring a new manager for Park View; and 2) the City Council is undertaking significant projects including: Parkview redevelopment, the contract with Grand Central lofts, 4dh & University, 3ih & Stinson, Community Center, Heritage Heights, NEI redevelopment and a 10 year Comprehensive Plan. The Comprehensive plan would require a fair amount of time to prepare this by both City Council and staff. All of these require a lot of staff's time and to go out for bids the City Council would have to reprioritize the projects for the Community Development Department. Walker has agreed to a one-year extension, which would allow the City to get through some of the other things staff is working on for the City. Diehm asked what Walker's transition plan is for replacing Dana's position. O'Donnell stated she will be in transition between both buildings until someone is hired and would be training the new person. Diehm asked if this position would be filled internally. O'Donnell stated there wasn't anyone qualified for the position. Nawrocki stated 1) Parkview management is important: 2) he hasn't been very happy with the management 3) we talked about the cost that staff is being paid through the Parkview budget and felt it was more than enough money to go out for bids, 4) the financial report is much easier to read and he appreciated that; 5) with increasing Walkers management fees his opinion would be against the extension and 6) his concern is always for the residents. Diehm stated any management company that comes in would have the expertise and knowledge to run the HUD building, but if the residents were overwhelmingly happy with the management, she wouldn't consider going out for bids, if we go out for bids we will be signing up for a 3 year contract, with this extension we would be locked into a 1 year agreement, if we go with an RFP we are locking us into a 3 year agreement, therefore, she would like to see Walker receive some input from the board in the hiring process and would be in favor of the extension. Nawrocki stated he had better results with Crestview when he expressed concerns with them, performance is important too, the price you pay is important, when we entered into the agreement with Walker the 60-day termination clause was put in and that Walker has used that to their advantage to receive more money. Kelzenberg stated running a business is a lot of work, Dana did put in a good effort, and he is in favor of the extension. Jindra stated she hasn't been too happy with the management, would feel better if Walker includes the boards input on the hiring process, and she would be in favor of the extension. O'Donnell stated he would like to see they have some involvement with the process. Williams stated he wasn't sure how the people feel about it, and wondered what Ecklund felt. Ecklund stated he felt uncomfortable with Dana training in the new person. O'Donnell stated Dana will train in the new person on the HUD forms and policies, it is their only option, it isn't a relationship training. Housing & Redevelopment Authority Minutes July 25,2006 Page 9 of 10 Nawrocki stated he thought the board was supposed to have input in the hiring and didn't feel that we did. Diehm stated she sat in on Dana's interview and that Walker would be putting their best foot forward, as they are aware of the problems that we have had in the past. Williams stated he hasn't heard anything from the residents, needs to hear from the people, they need to convince him, and asked what do the residents think. Renie Suftka, Unit 104 stated she didn't have a personal problem with Dana herself, she has a problem with Walker as it is a business, not a community, she doesn't like paying for a light bulb to be replaced, but doesn't think a 70 year old woman should be on a chair replacing it. It is a hard job, and that there is always someone that doesn't like management. Resident Peters, Unit 415 stated you should go out for bids after the one year extension, and have it ready incase Walker doesn't prove themselves. Ecklund stated he is hoping we get someone that everyone likes and now Walker staff knows what we are looking for. O'Donnell stated this does make sense to him to involve the board with hiring process. Ecklund stated he is willing to approve the extension. Dorothy Schafer, Unit 425, it is hard to come in here and blend with everybody, we have always had rules around here, to come in here and say it's my way or the highway is wrong, but she would approve the one year extension. Resident Diane Powell, Unit 905, stated rather than a 3-yearcommitment, she would like to see a 1-year extension, and that Kline is hearing our concerns tonight and hopefully this will work out. Nawrocki stated there is the possibility to bring some people in here temporary, there are options, don't get stuck on this 3-year agreement, we could always go back to managing it ourselves. Streetar stated he was a property manager, for Dominion managing a large complex, and in his option Walker has done an extremely good job working with the paperwork for HUD, but would suggest Walker start paying attention to the residents, and spend more time with them. Williams stated he appreciated the residents giving Walker a second chance, as they didn't give William with Crestview a chance two years ago and therefore, he will vote for the extension. Motion by Kelzenberg, second by Diehm, to approve the contract amendment extending the contract for one year under the same terms and conditions. Upon Vote: Jindra- aye, Williams- aye, Kelzenberg-aye, Nawrocki-nay, Diehm-aye. Motion Carried. Housing & Redevelopment Authority Minutes July 25,2006 Page 10 of 10 Other Business The next regular HRA meeting will be Tuesday, October 24, 2006 at Parkview Villa. Adjournment Chair, Diehm adjourned the meeting at 9:43 p.m. Respectfully subplitted, ? ';. /" C'k -7/ #,~1-'J- Cheryl"Bakken Recording Secretary H:\HRAMinutes 2006\7-25-2006 5. a . -a} p) ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES August 22,2006 CALL TO ORDER/ROLL CALL President, Murzyn, Jr. called the meeting to order at 7:00 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of July, 2006 regular meeting and the Financial Report and Payment of Bills for the month of July on Resolution 2006-06. Motion by Peterson, second by Williams, to approve the consent agenda Items #3 and #4 as listed. All ayes. Motion Carried. BUSINESS ITEMS Redevelopment of 2101 37th Avenue, AKA The Apache Theatre Streetar stated in March the EDA entered into a Preliminary Development Agreement with Pratt Ordway Properties for the redevelopment of the Apache Theatre parcel. The initial plans for the site was for two, two to three story senior buildings. The first included between 45 and 65 assisted living units, with 15 seNing memory care residents and the second building included between 45 and 65 independent senior units, where residents could purchase assisted living seNices as necessary. The City requested the plans be modified to sell approximately one acre of the land for a City Liquor Store adjacent to 37th A venue and Hart Boulevard for approximately $506,000. At the August City Council work session, staff was directed to modify the proposal eliminating one senior building with the remaining building to include 64 units with 15 units seNing memory care residents. The developer is requesting up to $115,000 of financial assistance to pay for the demolition of the Apache Theatre. Staff has secured $75,000 of CDBG funds from Anoka County and recommends reallocating $35,000 of the $200,000 CDBG funds the City received for the demolition of the Mady's and Columbia Heights Rental buildings, leavin~ $165,000 for the demolition. This funding would become available by September 30 h. In summary staff is recommending three things: 1) approve the redevelopment concept; 2) authorize the reallocation of $35, 000 of CDBG funds and 3) authorize staff to prepare a redevelopment agreement between the EDA and Pratt Ordway Properties, Inc. to be approved at the September 26th EDA meeting. Murzyn Jr. asked Bill Elrite, Finance Director how much square footage does the Liquor Store currently have. Elrite stated there was about 10,500 square feet. Murzyn Jr. stated it would be about the same size. Economic Development Authority Meeting Minutes August 22, 2006 Page 2 of 4 Williams stated he would like to see the City do something with the Hart Lake and Boulevard area, we have talked about this before but, nothing got done, maybe we could move the road back a little. Murzyn Jr. stated he had seen a proposal that did do that but was probably pretty costly and asked Pratt if this is something that could be built into the agreement. Len Pratt, Pratt Ordway Properties stated they saw the opportunity to reroute Hart Boulevard, which is under state funding, agreed that if their entrance to the senior building and the liquor store wouldn't change, this would work and would actually be a plus, but it would take time. Jindra stated, there are a lot of people in the apartments there, and asked how would they get out. Peterson stated they would have to straighten out the road. Nawrocki stated: 1) Hart Boulevard can't be a dead end as it is a state aid road and has to have an outlet; 2) in the memo it talks about the City Council work session August ih, staff was directed to prepare a purchase agreement for approval at a subsequent council meeting. At work sessions you don't make motions or decisions. Streetar stated that was correct, but you can give staff direction. Nawrocki stated 3) we were talking about purchasing the property from the dentist and gas station owners on University A venue, which the dentist was willing to sell, why are we looking at this area. Peterson stated his understanding was that we were going to move ahead with this one, as it's a prime opportunity, certainly we are getting a fair deal out of the land and still want to move ahead with the one on Central also. Fehst stated he had advised council that right now it doesn't look to good, as far as the price of that property, we do have Welsh negotiating on our behalf with three property owners, but if for some reason that one got too expensive we could walk away from that one and continue to lease at our present site, and that the store on University isn't doing so well and if that is the case we would consider closing that one. Peterson stated the forecast is to make money on this project, if we go out of the liquor business down the road, we would still have a nice piece of property and could have a building to sell. Fehst stated we could use some technology to keep the maintenance costs down and Mark Ruff from Ehlers and associates has given us an indication that all of the studies they have done or seen have all resulted in increased sales. Murzyn Jr. asked if he has it correct, as far as the liquor store project, it is a concern of the City Council to vote on this. Diehm stated that was correct. Nawrocki asked why is the EDA talking about this tonight when this is a City Council decision. Streetar stated it is because the EDA has a Preliminary Development Agreement with Pratt Ordway for the redevelopment of the site. Williams asked who owns the little triangle parcel on the corner. Fehst stated it was the railroad. Peterson stated he has always thought we should have something like a train or something to celebrate the railroad, like other cities have. Motion by Peterson, second by Kelzenberg, to authorize the reallocation of $35,000 of CDBG funds, approve the redevelopment concept, and authorize staff to prepare a redevelopment agreement between the Economic Development Authority (EDA) and Pratt Ordway Properties, Inc. to be approved at the September 26,2006 meeting. Economic Development Authority Meeting Minutes August 22, 2006 Page 3 of 4 Diehm asked Peterson and Kelzenberg if they would consider changing the motion to read "considered for approval on September 26th EDA meeting", instead of approved. The commissioners agreed to amend the motion. Amended motion by Peterson, second by Kelzenberg, to authorize the reallocation of $35,000 of CDBG funds, approve the redevelopment concept, and authorize staff to prepare a redevelopment agreement between the Economic Development Authority (EDA) and Pratt Ordway Properties, Inc. to be considered for approval at the September 26, 2006 meeting. Upon Vote: Jindra-aye, Nawrocki-nay, Kelzenberg-aye, Williams-aye, Peterson-aye, Diehm-aye, Murzyn Jr. -aye. Motion Carried. Murzyn Jr. stated he would like to close the meeting at this time to discuss the next agenda item and would re-open the meeting after discussion. Nawrocki asked what is the purpose of closing this meeting. Streetar stated he had talked to Steve Bubul, the City attorney, who stated the EDA could close a meeting without a vote. The meeting was then closed at 7:23 pm. The meeting was re-opened at 8:07 pm. Authorization to Negotiate Acquisition of Mady's Retail Property by the EDA Murzyn Jr. stated the board has discussed this item and asked if there were any comments or questions. Nawrocki asked where the money would be coming from. Streetar stated it would come from the Capital Equipment funds, inter fund loan from the City to the EDA. Motion by Williams, second by Peterson, to authorize staff to negotiate with the Mady- Foss Partnership. Upon Vote: Jindra-aye, Nawrocki-nay, Kelzenberg-aye, Williams-aye, Peterson-aye, Diehm-aye, Murzyn Jr. -aye. Motion Carried. ADMINISTRATIVE REPORTS Streetar stated that staff was contacted by Howe Leathers with the Lions Club who wanted to get the local Hispanic community involved with their organization. Staff gave them some ideas of community meetings and proposed meeting places to get them started. Williams stated he met the Mayor of Lino Lakes recently, who spoke highly of Randy Schumacher and that we should be proud to have him working in our City. Park View Schumacher stated the cleanup of Phase /I is now complete and the first five building Economic Development Authority Meeting Minutes August 22, 2006 Page 4 of 4 pads have been constructed. Sewer and water will be completed in the next six to eight weeks. Ryland has sold 67 units in Phase I and 3 units in Phase /I to date. ADJOURNMENT Motion by Diehm, second by Williams, to adjourn the meeting at 8:15 p.m. Respectfully submitted, .;",/ ..~/ C/ ,,---::?f .. <"",,,,<e Cheryl Bakken Community Development Secretary H :\EDAminutes2006\8-22 -2006 5. A. ~)c) COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES October 3, 2006 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine Vesley, Patricia Sowada, Lynette Thomson, Bruce Kelzenberg, and Becky Loader. Nancy Hoium was absent. It was moved, seconded, and passed to approve the minutes of the September 5,2006, Board meeting as mailed. Bill list dated 9/25/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 10/9/06, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Business: 1. Budget hearing with the City Council is scheduled for October 25,2006, 6:30 p.m. at Murzyn Hall. Pat Sowada volunteered to bring a cheese and cracker tray for the meeting. The Recreation Department is scheduled to have their budget meeting second. The Board will be sent a reminder notice and the room to be used for the meeting will be indicated at that time. 2. The Board discussed the redevelopment information presented by Bob Streetar at the meeting last month. Barb informed the group that the Activity Center Advisory Committee will be meeting on Wednesday, October 11. Catherine and Lynette will try to attend. The Board discussed what possible steps could be taken next. 3. Three new pages have been hired and began training September 25: Betsy Bush, Tracy Shaffer and Stacey Hendren. 4. Year-end funds were discussed. It was moved, seconded, and passed to transfer the following funds: $763.72 from 2170 Program Supplies to 2171 General Supplies $300.00 from 5120 Building Improvement to 2020 Computer Supplies $700.00 from 5120 Building Improvement to 2171 General Supplies $41.00 from 2182 Electronic Databases to 2030 Printing and Printed Forms $191.85 from 3430 Advertising Other to 2030 Printing and Printed Forms $180.00 from 2183 Audio Cassettes to 2185 Compact Discs New Business: 1. Discussed the article about Rondo Branch of St. Paul Public Library from the St, Paul Pioneer Press. 2. The article from the "At a Glance" section of the St. Paul Pioneer Press about Columbia Heights was reviewed. 3. Thank you from Nancy Soldatow was reviewed. 4. Thank you from Elaine Dietz-Mamaril was reviewed. 5. The Board expressed the opinion that they would like to see the budget be increased to allow staff to go to professional conventions such as ALA in the future. 6. Draft of contract with the County is still in process. 7. Becky has met with Kevin Hansen and a contractor to get the 'cap' on the building repaired/replaced. 8. The Board moved, seconded, and passed the following change in policy concerning rental videos. The feature film rental videos will be $1.00 for 7 days; feature film videos older than 5 years will now be free of charge. 9. The article fTOm the St. Paul Pioneer Press about the changing role of libraries was reviewed. 10. Pat Sowada presented a plaque to Becky and the library from the Sister City International, for the generous support of many projects. 11. Catherine submitted a card and brochures by a local artist, "Sculpture by KIMBER" to be added to the file of information about a sculpture for the courtyard. There being no further business the meeting was adjourned at 7:50 p.m. Respectfully submitted, t:::~J-~~.z) ?n. 0~ Jlanine Schmidt Secretary to the Library Board of Trustees. 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. 2 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 8,2006 7:00 PM f. ~ 57.A-.~ I The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were JetISargent (City Planner), Shelley Hanson (Secretary), and Bruce Kelzenberg (Council Liaison). Motion by Peterson, seconded by Fiorendino, to approve the minutesfi'om the meeting of October 3, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE: APPLICANT: LOCATION: REQUEST: 2006-1102 Eric Wade Russell 3806 Jackson Street VARIANCE A 5-foot side yard setback variance to the north, a 15- foot side yard setback variance to the south for a new house, and two 3-foot side yard setback variances for a driveway. INTRODUCTION At this time, Wade Russell is requesting four (4) variances in association with the construction ofa new house located just south of the house located at 3806 Jackson Street. Two variances are needed for the placement of the principal structure on the property. They include a 5-foot side yard setback variance to the north lot line and a IS-foot side yard setback variance to the south lot line, per Code Section 9.109 (C). The other two variances are needed for the placement of a shared driveway. Both properties will require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C). The applicant proposes to construct a new house just south of the existing house located at 3806 Jackson Street. The cun-ent legal description of the propeliy in question describes two separate lots. Because these are buildable lots of record, the applicant is able to split these parcels through Anoka County, and request the necessary variances through the City of Columbia Heights. The lots of records are undersized according to today's lot size requirements in the R-3 District. However, there is a provision in the Zoning Code that allows the construction of a new principal structure on a buildable lot of record, as long as the lot of record meets 60% of the minimum lot area or lot width requirements for the district in which it is located, COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential, and proposed use is a single-family residence. The use is consistent with the types of uses found in Low Density classifications. The proposal will include a new house and garage on the southem parcel and a new garage for the existing structure on the northem parcel. PLANNING & ZONING COMMISSION MINUTES PAGE 2 NOVEMBER 8, 2006 ZONING CODE The property is zoned R-3, Limited Multiple Family Residential District, as are all the properties in the area. The R-3 District requires the following minimum setback requirements: Front yard: Side yard: Corner side yard: Rear yard: Average Requirement 20 feet 30 feet 25 feet The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width. Any new improvement to the property would have to meet the minimum side yard setback of 20 feet. Given this, the current setback requirements would make it impossible for the applicant to build anything on her propeliy without first obtaining a variance to do so. If this property were located in the R2-A, One and Two Family Residential District, no variance would be required for the side yard setbacks for the proposed building. Code Section 9.106 (B)(4) of the Zoning Code states that a lot of record shall be deemed a buildable lot provided it has frontage on a public right-of-way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: a lot or lot of record upon the effective date of [the code] which is in a residential district and which doe not meet the requirements of [the code] as to area or width, may be utilized for single-family detached dwelling purposes provided the measurements of such lot meets 100% of the front yard, side yard and rear yard setback requirements for the district h'1 which it is located and 60% oftlle minimum lot area or lot width requirements for the district in which it is located. The parcel in which the applicant would like to construct a new house is 40' X 129.15', or 5,166 square feet in area, or 79.5% ofthe minimum standard. Given that the lot area requirements are met, the applicant would still require the setback variances in order for this property to be considered buildable. FINDINGS OF FACT The following are required findings that the request: 1. City Council must make before approving a variance Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the spec(fic parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The hardship for this property is that the property is not wide enough to accommodate any type of new construction. The minimum setback requirements imposed by the Zoning Code disallow the applicant to construct anything on the propeliy. For this reason, the applicant is unable to use her land in the same manner as other residents in the R-3 District. The topography of the property along the alley is excessive as well. An option that the applicant has is to orient the garages towards the alley. This would be extremely difficult to do, as it would require excessive land excavation. Utilizing a shared driveway for the properties would enable the applicant to construct the garages without the hardship of extensive excavation. PLANNING & ZONING COMMISSION MINUTES PAGE 3 NOVEMBER 8, 2006 2. The conditions upon which the variance is based are unique to the spec?fic parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the variance is based are unique to all 40-foot lots in the R-3 District. By conducting a survey of all single- family houses in the R-3 District, it was detennined that the average lot width for these parcels was approximately 51 feet. 3. 771e difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code require setback standards that are too extreme for this particular piece of property in the R-3 District. In the R2-A District, this proposed building would not require setback variances. The applicant has not created the hardship being used to justify the granting of the variance requests. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The intent of the Comprehensive Plan for this area is to promote Low Density Residential housing. Improvements on a pre-existing low-density parcel are consistent with the purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public' welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting these variance requests would support the type of housing that the Comprehensive Plan support. The addition of a new house in the area would be consistent with the type of housing surrounding it. The addition of a garage for the existing principal structure would also bring the existing property in more compliance, as the Zoning Code requires a minimum 20' x 20' garage on all residential properties. After reviewing this variance application, Staff concludes that the setback requirements for the R-3 District pertaining to one and two family dwellings do not allow the construction of a single family home. Granting the applicant's variance requests would allow the applicant to use the property in the same fashion as any other single-family dwelling owners can utilize theirs in the R-3 District. Staff recommends approval of the variance requests. Questions from Commission members: Szurek asked whether the lot had been split yet. Sargent explained that the parcel was originally platted as two separate lots. The existing house sits on one of the lots. Because they were already platted as two lots, he can separate them without Council approval. Szurek questioned what address would be assigned to the new house. Sargent answered that the new address will be assigned by personnel in the Building Department. Szurek then asked if the new house would meet the side yard setback of 5 feet, which is the requirement if the property were zoned differently, as most other residential properties are. He stated that it would meet that requirement. He went on to explain that the existing house is grand fathered in at a 4 foot setback to the side property line. That is where the house was placed years ago and the property line is not being changed at all. PLANNING & ZONING COMMISSION MINUTES PAGE 4 NOVEMBER 8, 2006 Szurek then questioned placement of the driveway, and whether it was going to be up against the house. She is worried about drainage. Sargent responded that since this will be new construction, it will have to be designed to drain properly. He reminded the members that it is a condition of approval and the owner will have to provide the proper elevations and drainage information to Engineering for approval prior to the permit being issued. Thompson was also concerned about drainage issues, as elevations weren't provided with this request. He doesn't like the shared driveway situation and he was hesitant to grant approval for variances to accOlllil1odate the driveway as proposed without all the infol111ation. Again, Sargent stated that the Engineering Dept. will have to approve the construction of the driveways to ensure that drainage is directed correctly. The Public Hearing was opened. No one wished to speak on this matter. Eric W. Russell, owner ofthe property who lives at 2994 Old Hwy 8, Roseville, stated he will work with the Engineering Dept to make sure the excavating and drainage are done properly. He plans on moving his mother into the existing house at 3806 Jackson St. so he doesn't want to adversely affect that property either. Thompson asked him if he had considered excavating the rear yard where the garages will be located, so that they could be accessed off the alley rather than having the driveway run the length of the property from Jackson St. He said he had considered it, but he felt it might be too cost prohibitive. He will decide prior to submitting the building plans. The Public Hearing was closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve 5-foot side yard setback variance and the 15-foot side yard setback variance for the construction of a new house, and the two 3-foot side yard setback variances for the construction of a new shared driveway for the property located at 3806 Jackson Street with thefollowing conditions: I. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a "Work Within the Right-ofway" permit fiAOll1 the Engineering Departmentfor the construction of the curb cutfor the new driveway. 3. The garages shall be architecturally compatible to the principal structures, incOllJorating similar building rnaterials and colors. 4. The applicant shall establish a drive1vay easement agreement for the shared driveH'ay and record it with Anoka County. Thompson-no, Fiorendino-abstained, Schmitt, Peterson, Szurek-aye. MOTION PASSED. The following resolution will go to the City Council on November 13,2006. PLANNING & ZONING COMMISSION MINUTES PAGE 5 NOVEMBER 8, 2006 DRAFT RESOLUTION NO. xx:xx RESOLUTION APPROVlNG A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR ERIC WADE RUSSELL WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3806 Jackson Street LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new house per Code Section 9.109 (C), a IS-foot side yard setback variance for a new house per Code Section 9.109 (C), and two 3-foot side yard setback variances for a new driveway per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surroUl)ding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the pal1:icular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null ~md void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a "Work Within the Right-oj:way" permit/rom the Engineering Departmentfor the construction of the curb cut for the new driveway. 3. The garages shall be architecturally compatible to the principal structures, incorporating similar building materials and colors. 4. The applicant shall establish a driveway easenzent agreement for the shared driveway and record it with Anoka County. PLANNING & ZONING COMMISSION MINUTES PAGE 6 NOVEMBER 8, 2006 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-1103 Crest View Corporation 4444 Reservoir Boulevard Conditional Use Permit for Senior Living Facility INTRODUCTION At this time, the applicant is proposing an addition to the Crest View Senior Communities building, located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the use of the property as a senior care facility is a Conditional Use. Any time an applicant requests an expansion to an existing Conditional Use, they must go through the Conditional Use Permit process. The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home, which is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing senior residents additional indoor parking spaces. Currently, some indoor parking space is provided, but additional garage space is needed. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides this area towards High Density Residential. The addition to the existing senior living facility is a high-density residential use, and is consistent with the Comprehensive Plan for the area. Zoning Ordinance The property is zoned R-3, Multiple Family Residential. The properties to the east and south are zoned R-1, Low Density Residential. The propeliies to the west are zone R2-A, One and Two Family Residential. The propeliies to the north are the Minneapolis Waterworks Site and Keyes Park. The R-3 District allows for congregate living facilities, including nursing homes, senior housing and assisted living facilities with a Conditional Use Permit. When an existing establislm1ent requests an expansion, an additional Conditional Use Permit is required to assure that the expansion meets the minimum standards of the District. Parking. The Code requires one (1) parking stall for every two (2) beds in a nursing home, and one (1) stall per every two (2) units in a senior housing or assisted living facility. The number of beds on the Crest View Campus is as follows: Crest View Lutheran Home The Boulevard Housing with Services Royce Place Assisted Living & Crest View Care Office Columbia Village Housing with Services HUD 202 122 Beds = 61 Stalls 75 Beds = 38 Stalls 50 Beds 25 Stalls 40 Beds 20 Stalls Total: 287 Beds = 144 Stalls PLANNING & ZONING COMMISSION MINUTES PAGE 7 NOVEMBER 8, 2006 With a total of 287 beds on the campus, coupled with the fact that there is no more than one bed per room, the required number of parking spaces for the entire campus is 144 stalls. CUlTently, the entire campus has 187 outside parking stalls and 17 covered parking stalls on site. The proposed plan would reduce the number of outside parking stalls by three (3), but would increase the number of inside parking stalls by 20. When the project is complete, the campus as a whole would include 221 parking stalls, exceeding the City's minimum requirements. Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the parking garage. The construction of the new parking garage would require the removal of a fire lane needed to access a portion of the campus. The Fire Chief stated that a new tire lane would need to be added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View Lutheran Home. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a Conditional Use Pem1it. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as detennined by the Zoning Administrator. The proposed use is specifically mentioned as a Conditional Use in the R-3, Multiple Family Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use is in harmony with the general purpose and intent of the comprehensive plan, as it is High Density Residential. (c) The use will not impose hazards or disturbing influences on neighboring propeliies. The proposed additions would be appropriate for the existing use of the buildings. The proposed additions would also meet all required setbacks for the R-3 District, and thus shall not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. All setback requirements will be met with the proposed additions to the existing structures. For this reason, the use of the properties in the immediate vicinity Hiill not be diminished. (e) The use will be designed, constructed, operated and maintained in a mam1er that is compatible with the appearance of the existing or intended character of the sUlTounding area. The proposed addition to the building will not alter the way that the existing business has been operating throughout its existence. The use will be designed, constructed and maintained in a proper fashion. PLANNING & ZONING COMMISSION MINUTES PAGE 8 NOVEMBER 8, 2006 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftraffic. The City Engineer has revieH'ed the proposed plans and did not have any issues with traffic congestion. Typically, this type of use does not generate an excess amount of traffic in the area. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The proposed addition will help facilitate a senior living facility, which is permitted as a Conditional Use in the District it is located. It is intended that the use will not cause a negative cumulative effect on the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which it is located. City Staff recommends that the Plam1ing Commission recommend approval ofthe proposed addition to the senior living facility with the conditions noted in the motion. Ouestions from Commission members: Schmitt asked whether the addition of the fire lane needs to be submitted prior to the City Council approving the request. Sargent said as long it is a condition of approval, that would suffice. The Fire Chief needs to approve the new Fire Lane location as part of the review prior to the building permit being issued. And as he is the person who approves it, he will know whether it meets the requirements or not. Mike Trossen, the Architect for the project, was present to answer questions. Fiorendino asked who the primary users of the new garage parking would be. Trossen stated it would be the residents of the Blvd. Apmiments which is the facility for Independent Senior Living. Public Hearing was opened: No one wished to speak on this issue. Public Hearing was closed: PLANNING & ZONING COMMISSION MINUTES PAGE 9 NOVEMBER 8, 2006 Motion by Schmitt, seconded byFiroendino, that the Planning COInmission recommends the City Council approve the Conditional Use Permit for an addition to the senior livingfacility located at 4444 Reservoir Boulevard, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes will be met and infull compliance. 2. All application materials, maps, drawings and descriptive i111'ormation submitted with this application shall become part of the permit. 3. Afire lane will be added, and located no less than 150feef.from the Crest View Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of a building permit for the additions. All ayes. MOTION PASSED. The following Resolution will go to the City Council November 13, 2006. RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CREST VIEW CORPORATION WITHIN THE CITY OF. COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4444 Reservoir Boulevard LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pennit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use pennit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concems related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the propeliy is located, or is a substantially similar use as detennined by the Zoning Administrator. 2. The use is in hannony with the general purpose and intent ofthe Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring propelties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. PLANNING & ZONING COMMISSION MINUTES PAGE 10 NOVEMBER 8,2006 6. The use and property upon which the use is located are adequately served by essential public facilities and servlces. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonnation shall become pali of this pennit and approval; and in granting this permit the city and the applicant agree that this pennit shall become null and void if the project has not been completed within one (J) calendar vear after the approval date, subject to petition for renewal ofthe permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the pennit. 3. A fire lane will be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of a building pennit for the additions. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-1104 Pratt Ordway, LLC 2101- 37th Avenue Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat Approval. INTRODUCTION At this time, Pratt Ordway, LLC is requesting three (3) approvals in association with the construction of a senior assisted living facility. They are as follows: 1. A Comprehensive Plan Amendment to reguide a portion of the subject property from Commercial to High Density Residential. 2. A Zoning Amendment to rezone a portion of the subject property from GB. General Business to R-3, Limited Multiple Family Residential. 3. A Preliminary Plat approval. The project in its entirety will require the following approvals: A Comprehensive Plan Amendment, a Zoning Amendment, a Preliminary Plat, a Final Plat, a Site Plan Approval, and a Conditional Use Permit. It is intended that the applicant will apply for all of these within a 60 to 90-day time period. The applicant is proposing the split the subject property located at 2101 - 3 ih Avenue into two parcels. The nOlihem parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living facility to be constructed and managed by ComfOlis of Horne. ComfOlis of Horne is an established company and currently operates assisted living communities in Hugo and Blaine, and nine (9) communities in Wisconsin. There are also communities in White Bear Lake, Cottage Grove, Forest Lake, NOlih Branch, Lino Lakes and Maplewood in development. PLANNING & ZONING COMMISSION MINUTES PAGE 11 NOVEMBER 8, 2006 ComfOlis of Home provides various types of senior housing and levels of care to its customers, but will focus on an assisted living facility in Columbia Heights. The proposed Comforts of Home building will incorporate a Montessori school as well. The school will be run independently from the assisted living facility, and will be located on the north end of the building. The southem parcel will be approximately one (1) acre in size. This propeliy will be a commercial pad and possibly the location of a new City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides the property at 2101 - 3ih Avenue "Commercial". Consequently, the proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason, the applicant is requesting a Comprehensive Plan Amendment to reguide the northem parcel from "COlllillercial" to "High Density Residential". It should be noted that the parcel just north of the subject property is also guided towards High Density Residential in the Comprehensive Plan. Zoning Ordinance The property at 2101 - 3ih Avenue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant would like to rezone the northem 2.4 7 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land area for everyone (1) unit for a congregate living facility. The proposed assisted living facility will have 58 units, requiring a minimum of23,200 square feet ofland. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. FINDINGS OF FACT Zoning Amendment Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment 111ill rezone a portion of the subject property from GB, General Business, to R-3, Limited Multiple Family Residential. The applicant is concurrently requesting a Comprehensive Plan Amendment, which would make the proposed zoning amendment consistent with the new Comprehensive Plan designation of High Density Residential. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment lvould rezone a parcel of land for the proposed use of a ..,enior assisted living facility. This type of use would be a benefit to the general public. The Comprehensive Plan indicates a housing goal of ljfe-cycle housing available to the public. It also encourages the City to ensure that the community's elderly residents and residents with .\]7ecial needs have safe, sanitary and affordable housing. PLANNING & ZONING COMMISSION MINUTES PAGE 12 NOVEMBER 8, 2006 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning classification of the parcel in question is R-3, Limited Multiple Family Residential. This is consistent with the existing zoning of the parcel abutting the subject property to the north. For this reason, the proposed zoning classification would be compatible with the existing zoning of the property in the general area. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the propeliy in question, which has taken place since such property was placed in the current zoning classification. The use o.fthis property has been as a movie theater since 1971, when it was built. In 2004, the theater closed as a result of a declining competitiveness of this location as a theater site. Consequently, while the market for movie theaters has declined, the demand for senior assisted living housing has grown. Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving ~ preliminary plat: 1. The proposed preliminary plat conforms to the requirements of 99.114. The preliminary plat has been reviewed by the City Engineer in regards to the proposed grading and drainage of the property, all utilities, as well as the storm water management on site. The landscape plan and lighting plan will be reviewed at the time of the Final Platfor the project. 2. The proposed subdivision is consistent with the Comprehensive Plan. Once the Comprehensive Plan is amended to guide the northern parcel as High Density Residential, the proposed subdivision will be consistent with the Comprehensive Plan. The southern parcel remains guided as "Commercial ". 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good plamling and site engineering design principles. Kevin Hansen, City Engineer, has received and reviewed all engineering plans for the preliminary plat application. He has indicated that the site is located within the Rice Creek Watershed District, and would need to be reviewed by that body prior to the City approving the Final Plat. Mr. Hansen also encourages the use of rain gardens to help with the treatment of surface waters for the site. The applicant has agreed to look into this possibility. Because this site has been previously built on, all other sanitary services for the property are in placed and sized correctly for the proposed project. Conclusion The final plat needs to reflect any site plan changes resulting from the comments above. Assuming those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will need to be modified a bit between the time the preliminary plat is approved and the final plat is submitted for approval. Staff recommends approval of the requests. PLANNING & ZONING COMMISSION MINUTES PAGE 13 NOVEMBER 8, 2006 Questions from Commission members: Fiorendino asked when the Lot Split would need to occur? Sargent stated that by approving the Preliminary Plat, the lot split is complete. Fiorendino then asked why staff thinks it is better to develop the site as residential rather than commercial? Sargent responded that one goal of the Comprehensive Plan is to ensure that life cycle housing is kept up and that Sr. housing is provided for current residents. Because this site has already been vacant for more than two years without much interest from conm1ercial developers, staff felt it would be a nice fit for that area. By abutting the new Assisted Living Bldg. to the current apaliments that house mostly seniors to the n01ih, this is a natural fit to the area overlooking Hart Lake. It is exactly what the City wanted to do with this area, even though only a small part is being done at this time. The question was asked if the City would be purchasing the site for the possible Liquor Store or leasing the space. Sargent said if the plan goes through, the City would be purchasing the site, but a final decision has not been made on that at this time. Schmitt questioned how a Liquor store could be located so closely to the Montessori School. We have a 300 foot minimum distance between such uses according to our City Ordinance. Sargent explained that if the Liquor Store were to be located first, the Montessori School could then locate there if they so choose. :However, if the Montessori School were there first, then the Liquor Store would not be allowed to go in that close to the school. All parties are aware of the proposed plans, al1d have determined that it wouldn't be an issue. He said there would be approximately 220 ft between the twu buildings as the planned conmlercial sitc is being moved forward toward 3 th Avenue. Right no\^!, the current Liquor Store is in much closer proximity to where the Montessori School would possibly be located. Sargent went on to explain that at this time the Commission is not being asked to approve a site plan and that the Liquor Store is just a proposed usc of the commercial site at this time. The decision the members must make tonight is whether to approve amendments to the Comprehensive Plan, the Zoning Ordinal1ce, and the Preliminary Plat. Fiorendino asked if city staff felt this was in the best interest of the City to find a way aroill1d the Ordinance requirements, and to locate a Liquor Store at this paliicular site. Sargent explained that it was not his decision to make. Peterson also felt that the welfare of the community and children should be protected and that this proposed use is not in keeping with the intent of the established Ordinance. Sargent again reminded members that this decision is not part of the request before them tonight. Those issues will be addressed at the time the Site Plan is considered. By then, a more concrete plan for the intended use will be known. The Public Hearing was opened: Ray Muno of 3813 Hayes St. at first was concemed about losing retail property. But after looking at the plan he thought it would be a nice fit in the area. He feels storm water and drainage issues would be addressed by nice landscaping and garden areas, that in tum, will protect Hart Lake. He also thinks the Liquor Store issue is not w01ih wOITying about as the current Liquor Store is actually closer to the PLANNING & ZONING COMMISSION MINUTES PAGE 14 NOVEMBER 8, 2006 proposed location ofthe Montessori site. He did express his opinion that he thought 3ih Place should be reconstructed and realigned now that Minneapolis does not have ownership or control of it any longer. Sargent said they will be looking at that, not necessarily as part of this project, but sometime in the future as staff also knows this needs to be done. Darryl Gamer from Pratt Ordway stated that the use of the commercial site is yet to be determined. The only thing known for sure at this point is the Assisted Living Building and the Montessori School are part of the plan. The Public Hearing was closed. A10tion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Developltlent Ordinance. including: 1. The development agreement must reflect an agreement between the City and the developer on what utilities an4 streets within the project will be the City's long-term. maintenance and repair responsibilities. . 2. The Plat should identify the name of the proposed development. 3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SrVP P P plan. 4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 5. if any existing curb and gutter grades are less than one percent (1%) at the driveway cuts, provide a concrete cross gutter. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 8. An NP DES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 9. All restoration of twi areas in the Public Right-o/-Way (ROTiV) shall be by four (4) inches of topsoil/sodding. 10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 11. All utilities (water lnain, sanitary sewer and storm sewer), shall meet the City of Columbia Heights SIJecifications for materials and installation. 12. Disconnect any existing utility service stubs in accordance with Public Works requirements. 13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 14. At final plan submittal, the developer must provide plan/profile sheets for the utilities. 15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for surface water management. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGElS NOVEMBER 8, 2006 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the Comprehensive Plan Amendment to change the guidance of the landfi'om "COlnmercial" to "High Density Residential n. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt,that the Planning Commission recommend that the City Council approve the rezoning of the northern property from GB, General Business, to R-3, Limited "Multiple ~Family Residential based on follmving conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The approval of the rezoning of the property is contingent on the Metropolitan Council's approval of the Comprehensive Plan Amendment. All ayes. MOTION PASSED. The following Ordinance and Resolutions will go to the City Council November 13,2006. Sargent explained the Ordinance will have to have two readings, and will become effective 30 days later. Once that is in effect and the Comprehensive Plan has been amended, then the Final Plat, Site Plan, and Conditional Use Permits can be addressed. ORDINANCE XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPI\1ENT ORDINANCE NO. 1428, PERTALNING TO THE REZONlNG OF A CERTAIN PROPERTY LOCATED AT 2101- 37TH AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a :;pecific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the proposed development is compatible with the proposed R-3, Limited Multiple Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 16 NOVEMBER 8, 2006 RESOLUTION XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 2101 - 37TH AVENUE NE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject property in the Comprehensive Plan does not allow the flexibility needed to accommodate successfitl redevelopment in accordance with the proposed development; and WHEREAS, the proposed development is consistent with the description of the High Density Residential District; and WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units plus per acre, with higher densities in locations with convenient access to transportation corridors and the proposed development consists of congregate housing, in which the zoning code allows the proposed 23 units per acre; and WHEREAS,. the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, using High Density Residential zoning, and supporting a healthy living environment; and wHEREAS, the Cily's approval olthe Comprehensive Plan amendmentfor the subject property is contingent on Jdetropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOL VED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Commercial to High Density Residential. RESOLUTION NO. XXXX RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101- 3ih Avenue NE EXISTING LEGAL DESCRlPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: TBA THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, propeliy values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on November 8, 2006. PLANNING & ZONING COMMISSION MINUTES PAGE 17 NOVEMBER 8, 2006 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The proposed preliminary plat conforms to the requirements of S9.114. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that IS consistent with good planning and site engineering design principles FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other infonnation shall become part of this subdivision approval. CONDITIONS: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Plat should identify the name of the proposed development. 3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWP P P plan. 4. The City standardfor drive entrances is a concrete apron matching the concrete curb and gutter. 5. J.f any existing curb and gutter grades are less than one percent (1%) at the drivev.'ay cuts, provide a concrete cross gutter. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7... Any site grading prior to final plat approval will require an excavation permit, obtained fi'om the Engineering department. 8. An NP DES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 9. All restoration of turf areas in the Public Right-(~f-Way (ROTV) shall be by four (4) inches of topsoil/sodding. 10. All work within Public ROW shall be inspected by the City Engineering Department. Tvventyfour (24) hour advance notice of an inspection is required. 11. All utilities (water main, sanitmy sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 12. Disconnect any existing utility service stubs in accordance with Public Works requirements. 13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 14. At final plan submittal, the developer must provide plan/profile sheets for the utilities. 15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for sUl:face water management. NEW BUSINESS None. OTHER BUSINESS No other business. The meeting lVGS adjourned at 8: J 2 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 13,2006 ITEM: Establish Work Session Meeting Date for November 20, 2006 NO: s: 4. 3 BY: Walter R. Fehst DATE: November 13,2006 CITY MANAGER'S APPROVAL I, BY: AGENDA SECTION: NO: 5-A-3 Consent ORIGINATING DEPARTMENT: Administration DATE: It is suggested to schedule a City Council Work Session for Monday, November 13,2006 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Monday, November 13, 2006 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: MEETING OF: NOVEMBER 13,2006 ORIGINATING DEPT: CITY MANAGER FINANCE APPROV AL ITEM: RESOLUTION ACCEPTING GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS BY: JOE KLOIBER BY: . A. If DATE: OCTOBER 30, 2006 Staff requests that the City Council adopt the attached resolution, to accept the gifts listed in the resolution. The new clock tower and items relating to the clock tower make up $41,244.02 of the total $54,799.90 listed. The primary intent of this resolution is to comply with Minnesota Statute 465.03 Gifts to Municipalities. The statute provides that municipalities can accept gifts 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 gifts with religious or sectarian purposes. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-218, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-218 being a resolution to accept gifts received by the City of Columbia Heights. lPK CounciILetter_Res20(Xj_218_ Gifts.doc Attachment COUNCIL ACTION: RESOLUTION NO. 2006-218 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gifts; DATE DONOR 4/312006 CHRISTOPHER-TOASTMASTERS 6/212006 COLUMBIA HEIGHTS LIONS CLUB 4/312006 COLUMBIA HEIGHTS WOMEN OF TODA Y 9/1 5/2006 COLUMBIA HEIGHTS WOMEN OF TODA Y 8/8/2006 COLUMBIA HEIGHTS ACTIVITY FUND 10/9/2006 COLUMBIA HEIGHTS ACTIVITY FUND 5/1512006 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 8/14/2006 KIWANIS CLUB OF COLUMBIA HEIGHTS 5/24/2006 THE KORDlAK COMPANY 6/2/2006 CRESTVIEW CORPORATION 6/2/2006 FIRST COMMUNITY CREDIT UNION 6/13/2006 COLUMBIA HEIGHTS POST 230 6/16/2006 NORTHEAST BANK 7/10/2006 TWIN CITIES NORTH CHAMBER OF COMMERCE 8/6/2006 AMERICAN LEGION 8/3 I/2006 COLUMBIA HEIGHTS LIONS CLUB SUBTOTAL FUND 881 CONTRIBUTED PROJECTS - RECREA TJON 4/512006 APPRECIATION NITE FUNDRAISER 4/5/2006 APPRECIATION NITE FUNDRAISER 9/29/2006 VALUES FIRST 6/19/2006 WALMART 7/3/2006 LEVINE/RICHARD 7/24/2006 THE FLANARY GROUP,INC. 4/18/2006 COLUMBIA HEIGHTS POST 230 5/12/2006 COLUMBIA HEIGHTS POST 230 6/23/2006 COLUMBIA HEIGHTS POST 230 8/1 7/2006 COLUMBIA HEIGHTS POST 230 9/15/2006 COLUMBIA HEIGHTS POST 230 10/10/2006 COLUMBIA HEIGHTS POST 230 12/1 0/2005 DU-ALL 8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND 8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND 8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND 8/22/2006 COLUMBIA HEIGHTS ACTIVITY FUND SUBTOTAL FlIND 883 CONTRIBUTED PROJECTS - GENERAL GRAND TOTAL AMOUNT PURPOSE 150,00 RECREATION 250,00 RECREATION 50.00 RECREATION 100.00 RECREATION I ,050.00 RECREATION: Piano (noncash) 4,500.00 RECREATION: Light/sound equip (noncash) 650.00 YOUTH ATHLETICS 150.00 YOUTH MURAL 25.00 FIREWORKS 25,00 FIREWORKS 150.00 FIREWORKS 1,000,00 FIREWORKS 100,00 FIREWORKS 100,00 FIREWORKS 500,00 FIREWORKS 700,00 FIREWORKS 9,500.00 550,75 POLICE 550,75 FIRE 169.38 FIRE: Child car seats 1,000.00 LIBRARY: Children's programs 100,00 LIBRARY: Adult books 100,00 LIBRARY: Amercian girl 130,00 PVV RESIDENTS COUNCIL 130,00 PVV RESIDENTS COUNCIL 130,00 PVV RESIDENTS COUNCIL 130,00 PVV RESIDENTS COUNCIL 170,00 PVV RESIDENTS COUNCIL 500,00 SISTER CITIES PROGRAM 375,00 EMPLOYEE ACTIVITY: Event tickets (noncash) 33,880,00 CLOCKTOWER: (noncash) 475,00 CLOCKTOWER: prepaid maintenance (noncash) 4,689,02 CLOCKTOWER: Base materials and labor 2,200.00 CLOCKTOWER: Electrician 45,279.90 54,779.90 BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed terms listed below: Passed this 13th day of November, 2006 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Mayor Gary L. Peterson COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 13, 2006 AGENDA SECTION: Consent Agenda NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: Approval of a Conditional Use Permit for an addition to a senior living facility located at 4444 Reservoir Blvd. Resolution 2006-240. BY: Jeff Sargent, City Planner DATE: November 9,2006 BY: BACKGROUND: At this time, the applicant is proposing an addition to the Crest View Senior Communities building, located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the use of the property as a senior care facility is a Conditional Use. Any time an applicant requests an expansion to an existing Conditional Use, they must go through the Conditional Use Permit process. The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home, which is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing senior residents additional indoor parking spaces. Currently, some indoor parking space is provided, but additional garage space is needed. With a total of287 beds on the campus, coupled with the fact that there is no more than one bed per room, the required number of parking spaces for the entire campus is 144 stalls. Currently, the entire campus has 187 outside parking stalls and 17 covered parking stalls on site. Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the parking garage. The construction of the new parking garage would require the removal of a fire lane needed to access a portion of the campus. The Fire Chief stated that a new fire lane would need to be added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View Lutheran Home. RECOMMENDATION: The Planning Commission held a public hearing on November 8, 2006, and recommended that the City Council approve the minor subdivision and variances, with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-240, there being ample copies available to the public. Move to adopt Resolution No. 2006-240, approving a Conditional Use Permit for an addition to a senior living facility at the Crest View Campus, located at 4444 Reservoir Blvd., subject to the conditions stated in the Resolution. A h R I . tv, 2006 240 PI R A l' M . I ttac ments: eso utlOn o. - , annznJ< eport, pp lcatlOn atena s COUNCIL ACTION: RESOLUTION NO. 2006-240 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CREST VIEW CORPORATION WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4444 Reservoir Boulevard LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public Resolution No. 2006-240 2 facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. A fire lane wiii be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of a building permit for the additions. Passed this day of November 2006 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1103 DATE: November 8, 2006 TO: Columbia Heights Planning Commission APPLICANT: Crest View Corporation LOCATION: 4444 Reservoir Boulevard REQUEST: Conditional Use Permit for Senior Living Facility PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is proposing an addition to the Crest View Senior Communities building, located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the use of the property as a senior care facility is a Conditional Use. Any time an applicant requests an expansion to an existing Conditional Use, they must go through the Conditional Use Permit process. The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home, which is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing senior residents additional indoor parking spaces. Currently, some indoor parking space is provided, but additional garage space is needed. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides this area towards High Density Residential. The addition to the existing senior living facility is a high-density residential use, and is consistent with the Comprehensive Plan for the area. Zoning Ordinance The property is zoned R-3, Multiple Family Residential. The properties to the east and south are zoned R-1, Low Density Residential. The properties to the west are zone R2- A, One and Two Family Residential. The properties to the north are the Minneapolis City of Columbia Heights Planning Commission Crest View Corporation - Conditional Use Permit November 8, 2006 Case # 2006-1103 Waterworks Site and Keyes Park. The R-3 District allows for congregate living facilities, including nursing homes, senior housing and assisted living facilities with a Conditional Use Permit. When an existing establishment requests an expansion, an additional Conditional Use Permit is required to assure that the expansion meets the minimum standards of the District. Parkinq. The Code requires one (1) parking stall for every two (2) beds in a nursing home, and one (1) stall per every two (2) units in a senior housing or assisted living facility. The number of beds on the Crest View Campus is as follows: Crest View Lutheran Home The Boulevard Housing with Services Royce Place Assisted Living & Crest View Care Office Columbia Village Housing with Services HUD 202 122 Beds = 61 Stalls 75 Beds = 38 Stalls 50 Beds = 25 Stalls 40 Beds = 20 Stalls Total: 287 Beds = 144 Stalls With a total of 287 beds on the campus, coupled with the fact that there is no more than one bed per room, the required number of parking spaces for the entire campus is 144 stalls. Currently, the entire campus has 187 outside parking stalls and 17 covered parking stalls on site. The propose plan would reduce the number of outside parking stalls by three (3), but would increase the number of inside parking stalls by 20. When the project is complete, the campus as a whole would include 221 parking stalls, meeting the City's minimum req u irements. Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the parking garage. The construction of the new parking garage would require the removal of a fire lane needed to access a portion of the campus. The Fire Chief stated that a new fire lane needs to be added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View Lutheran Home. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The proposed use is specifically mentioned as a Conditional Use in the R-3, Multiple Family Residential District. Page 2 City of Columbia Heights Planning Commission Crest View Corporation - Conditional Use Permit November 8, 2006 Case # 2006-1103 (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use is in harmony with the general purpose and intent of the comprehensive plan, as it is High Density Residential.. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed additions would be appropriate for the existing use of the buildings. The proposed additions would also meet all required setbacks for the R-3 District and thus shall not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. All setback requirements will be met with the proposed additions to the existing structures. For this reason, the use of the properties in the immediate vicinity will not be diminished. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The proposed addition to the building will not alter the way that the existing business has been operating throughout its existence. The use will be designed, constructed and maintained in a proper fashion. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The City Engineer has reviewed the proposed plans and did not have any issues with traffic congestion. Typically, this type of use does not generate an excess amount of traffic in the area. Page 3 City of Columbia Heights Planning Commission Crest View Corporation - Conditional Use Permit November 8, 2006 Case # 2006-1103 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The proposed addition will help facilitate a senior living facility, which is permitted as a Conditional Use in the District it is located. It is intended that the use will not cause a negative cumulative effect on the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which it is located. RECOMMENDATION City Staff recommends that the Planning Commission recommend approval of the proposed addition to the senior living facility. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for an addition to the senior living facility located at 4444 Reservoir Boulevard, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. A fire lane will be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of a building permit for the additions. ATTACHMENTS · Draft Resolution · Location Map · Survey / Site Plan · Application materials Page 4 "-l "-l W W h) IV 0 0 o m 0 OJ IV (Xl r-J IV W N IV 0 0 ~ ~ ~ ~ ~ ~ a a ~ ~ ~ w ~ ~~ W-JS~~E ~~~ 5 AVE ~ I ~I ~I ~ I 1440 € PARKVIEW o 2; ~I;; ;j I ti t t o 01 rJlo ci IN 0 LN ~~~~~~~_. ..::. ..::. ..::. ..::. ..::. .:;,. ,:,. ..::. o 0 ...... r-J N W .t>. .:;,. ...... -oJ W ...... -oJ W ...... to 4450 I- W Z <( Z ~ E ~L:- CO ~ w ~ w ~ H Sllj 01 IV OJ 0 ~I (ll B w ~r~~ [(;,~ ~ w ~ >- ~ ~ ~ ~ &; ~ ~ g ~ ~ M " w w w w o t-.J {;J W to 0\ <D Ol -.J - ~ ~ a ill ~ lli ~ 4243 ~ill- -.J ([ 4247 w ~ ~ a " ~ w w w ~ a a a w (0 ~ ~ tl 0 w a w w w ~ a w w ~ ~ f:j t-.J i5 w W Ol --..j Ol 1.0 ~ ~ 4348 ~ 4338 -~ 4328 w w a 4320 4314 1415 w w a t; ~ a a ';-0 0; ..::. 0 ~ ill g: -' l~c-- () f-L--:Z ~ w 4444 Reservoir Blvd. 1480 ~ 4655 I------ r- 4649 W I------ I-- 50 I- 4655 I-- u - 1400 ~ 4643 38 I-- 4637 32 - I-- 4631 '26 I-- 4625 20 - ~~ f-- ~ 4613 '080:- I-- u:~ ::- ~~ AVE N N ~ ~I:~ ~ 1~ ~ f,H"'i,~:: ,~ , ~ ~ ~I ~ ~ ~V"II 44' ~I-- 44 ----L-.J '-- 441 ~ 0 W W 1348 ~ : a a ~wa w w#~ ~ ~.,.4408,;' t-.l WNW .t> ~ f-J t.. ~o -.JOlwom.....l, ~ ~ '" o t:i 4' 4354 tJ 4349 ~ ~ I't 4455 4458 'l " r ~' :: 1 CO i0' I ::: ": ,," ".. w~1J 0i ~ :::: ::: ":::: ::: w ~ ~ 14! 4331 4330 4331 4332 I 4328 I .33' 4326 ~ 43~1 43<0 I 4321 4320 I I 4323 4324 4317 ~ 437< / 4311 ~ 1';310 /' ~315 4316 ~311 '130'1 4307 - 4307 4306 / II. Q 1 4301 4300 4307 ~ '1300 4303 //181311819/ 4301 4308 4259 4258 ~ ""'':pI.(} -.?~a 43RD 0>- ~ ::< / 4261 II 4260 / / 4261 II 4262 / 4253 4252 ct:: ....I.t.) '12<1< II . II ~ / 4256 / I 4251 II 4256 / -",,_ 4253 II 4250 I r 4245 II 4250 I / 4241 II 4240 / I 42:2;' i/ ~ / II 7 I 4231 II 4236 4231 4234 I 4225 II 4232 I ~: ~ ~"'" 4224 / 4221 II 4226 7 / 4221 If/ 42~~26 II : ....<06' / 4217 II 4216 / / 4211 II 4210 / 421'2-- ~ ~ ~ '<ss / 4203 ,003514200/ / i / I ~8151'825/ / I ~I ~ '" ~ o ;;:1 4643 ~1~ ~ 4628 '4627 - I--- 4622 4621 - Z I--- 4614 0 4615 - WI--- 4606 Z 4607 - II-- 4600 0 4601 -, 4325 4319 4313 w a ~ a a 4247 4241 4235 a ~ w '" ~ w MlN 11'( U J~ ~~........., 4700 (l;\ A'rERWORKS) o ~ CO 0:: <5 > 0:: "1IT 0:: 4448 4453 4440 4445 4441 4437 4433 4434 4427 4423 ~4415~", ...... ~ ~ ...... (D,-.J ~ :: ~ f>,~ /~ ,\9r.::tJ I--- 4342 4335 4331 4324 4318 4312 4246 4240 ~ ~ 'i1'<JO <;234 Location Map 4450 4446 {/ @438,"7 4430 1 4435 1 44" 4420 10;1 4423 JJ408~ f!1 4417 ~ ril 4413 g <::([ 4409 , 4444 4440 4436 4432 4428 4424 4359 4353 4349 4343 4336 4337 4330 4333 4327 4319 4313 4301 I ~ A\/r= 4259 I--- 4251 '-- 4239 ~4233 L'= ~ 14217 1m3 f-;;;m "'"' I '" I 4747 4746 4743 4742 4737 4736 I 4731 4730 4727 4726 4721 4720 4715 4714 4711 4710 4705 4704 4701 4700 4661 4655 4660 4654 c:: (';()I F PI II 4645 4644 i I 4639 4638 4627 4621 I--- 4615 I--- A609 \.-------: AGO'\ AS'iJ\ t>.'.:F:)1,\ ISr '"".".1 "'" ~ .<}<3 "%. ""~. r:.SA.fJ ~ r:.S?'? b..S:,b.. 0 t.S 4S"" 7'0--t: r 452':-- -"4 ~i4 l- f- ~ 4624 A6~O t,6\G b..'O'\1- t.,'Oa'O t;.r;:fi'" ,,,0 " ~ : ~ ~ L- ~~ I- 4452 Cf) 4446 4440 4434 4428 4422 ~416 4414 4410 4340 @ 4334 4326 4318 Z ~ <( ...., Z ill COL 4312 ~ a ~ a 2115 ~ o ~ ff/~ ~ I 4232 t-----. ' 4226 - 4220 I------ I 4208 I l~ 4237 4229 4217 4201 Crest View Corporation LEGAL DESCRIPTION Beq/fWfng 01 (] pOlrlt on the wesl IlneofReservo/r [ioulevorej In Ihe Cily of Colunblo }-felghts which Is n feel south of the north line of Section J6, Township JO Norlh RanQe 74 wesl, Ihence west and pD('ollel wllh the sold norlh line of See Ion ]6' (] dlslance of 8JI.83 feel. flore or less, 100 point 30 feet eost of the west lIne of the Eosl One Elghlh of I.tIe Nor hwest Quarter of sOld Section 36 and on the eost line McLeod Street Northeast. os IOld oul north and south In Reservoir Hills: thence south on the east line of solei McLi!od Street Northeast. 0 distance of 5]5 feet: thence east ond parallel wllh Ihe norlh line of Secl/on 36, Township JO Norlh, Ronge }4 Wesl, (] dIstance of 831,83 feel, non) or leL, 100 pOlnl on Ihe west line of Reservoir Boulevon!: Ihence north on Ihe wesl line of ReservoIr Boulevard. 0 distance of 5 J -'5 . r e e r tor h e po I n I of beg Inn I n q . Together 11'1 th. An eosenenl for roadway purposes os conlolned In Ihe Deed June 17. /992 In Ihe office of I!Je Anoka Counly Recor(fer 0\' Except Iflg fherefron. That port of Ihe Norlheast Quorler or Seellon J6, [oWlish/pIQ, POf)qE: 24, Anoku (oun/y. Mlnnesola, e}escrltJcd os follows' Connenclnq althe North Quarter Corner of said cllon 36, Ihence Soulh 00 (jeqrees 04 !'I1f/utes 12 seconds West (osHmcd tJCarlfJgJ along the Wesl line of SOld No{'lheosl Ouorler, () (jlstonce of 252,50 feci 10 the North line of the soulh 315,50 feet of the n6rth 568 00 feel of Ihe Norlheasl Qual' IeI': Ihence Soulh 89 degrees 34 nlnules 34 seconds E 0'$ f '. 0 Ion 9 5 a I d 11 0 I' I h 1111 e 0 f the so (1 I h J I ~) . .5 0 fee I, 0 d i j Ion ceo r 2,5. 00 [' eel, 1 he () c e So {j t h 52 de q r e e s 45 n /11 ute s I 0 seconds Eosl, 75.17 feet 10 the norlhwest C()fller of 0 2 sl\){y bricK building. Ihence Soulh 00 degrees 16 nlnutes 00 sFiconds lIesl, along !he roce of sold bUilding. 54.00 reel, 10 Ihe Soul!Jwest corner of SOld building: Ihence S'oulh IJ . de.grees 5J rllnu!es 10 seconds East. .34,}9 ree! to Ihe OCIUdl pC'lnl of IJt!qlnnlnq of /rocl !o be described. thence Sou III 40 degrees 00 nlnu!es 00 seconds Wesl,I06.68 feet, Ihen:~e lIest, 24. reet 10 Ihe west line of sold Nor'theost Quarler, Itlonce Soulh 00 degrees 04 nlnutes 12 seconds lIest. along SOld wesl line, 10072 feel 10 the soulh line of the north 568,'00 feel of SOld Northeast Quorler:lhence South 89 degrees 34 nlnules ]1 seconds East. olong SOld south line. 208100 feet, thence North 27.38 feet: th~nce North 40 degrees 00 n/nutes 00 seconds' East, 8202 feet.' thence North 50 degrees 00 nlnules 00 seconds Wes!, /67,90 reet .' thence North 89 degrees J4 nrnules ,H seconds Wesl., 28,00 feel 10 G pornt whIch bears North 40 degrees OOnlnules 00 secqnds Eusl {ron the pOint (If boginnlng, thence South 40 deQrefJs 00 I7lnutes 00 seconds West. 17.99 feet 10 the polnl of beglnnlll!) urlenon! Eosenent doled June 12, 1992. recorded unenl No, 984JJ9. October 9, 2006 City of Columbia Heights Conditional Use Permit Reason for Request Crest View Senior Communities Crest View Lutheran Home - Addition and Renovation The Boulevard - Garage Addition 1. Written Narrative describing the intended use of the property and justification for request. Crest View Senior Communities is requesting the Condition Use Permit to provide: a. New Lobby Addition and related Renovation for Crest View Lutheran Home. The justification is that the new addition will provide lobby and fellowship space for residents and guests of the facility. Such space is currently lacking. b. Ne'vv 20 stall Parking Garage Addition for The Boulevard. The justification is that the new Garage will allow senior residents additional indoor parking space. Some indoor parking space is provided, but additional garage space is needed. 2. Describe any modifications and/or limitations of use that have been made to insure it's compatibility with the surrounding uses and with the purpose and intent of the zoning ordinance and comprehensive plan. a. Current Zoning for the Crest View Campus is R-3 - Multifamily Residential District. The applicant believes that the proposed project is compatible with the surrounding uses, the zoning ordinance and the comprehensive plan. ~ ~~ST~-=---. ! I JI I I I , I I i i , l",. '. "'_~.__,~~, ""'"~'''';'''''''''"'''''''''-''' ';1 e ~"-"-' >1 - . I II _I ll' ~ I , I \~ .! ~i fl IL ....."__1 "- - -,", ~ 'tJlAVlt ,... _"I i ' ~ ''-''-''It I ----- I--il II I fg, i ! i ~I ; .' ! "'I / / I VIi I , I ,." .hJ 1 'ff' '"r ' J /'j : ,i :JI/I.. . , 1 I .. __I i ! I /~,,' --43~5!.!fiL_~1 'I i L,~' - I / I' i r- I , I 1 L________..,-.J L I , I .94m 01 . 32ft' II, \ \ "- , \ \ \ I " ~\ ~~\, '~, \~\ 1 i I '. I ! . I I \ CREST ~EW CORPORATION PROXIMITY MAP Consultauta CerlitieflUon Project Information Crest View Corporation Crest View Lutheran Home - Addition .&:: Renovation The Boulevard-Gara,!: Addition Columbia Heights. 1IN Revisiona Drawn ar- Ch_ek.d Br- Sheet InformaUon PROXIMlTY SITE HAP SHEET 8 SITE 5TA.TlSnCS tQ1"oloLiSlt!'AlE,A. .....-",&1'. EX!5Tt6CRe!oTIf1EU1~>lCl"E l2MSF. Mecu..sVAlitl~ll,IITI.I$RIo'lce %).1&1~, ~I"l.Aa.4b5l5ta:l~'~TVWlCMl!~<:A'Ica e""'$}<, CCI.U"eI"l~~II.Jtl.l~lU:lW'1 a.-6l'. ~~TONl:>~LJ:lH;;.W;X;>lr"I"1NT """" ."""" .... -~"". VMtI<<io"'~llT~ t&lSTAU.ll EllISl'llG~f"~$TAU.a, MSTAUll %lIUllULLll 6UILD1NG STATISTICS EXl$TIN::loCl'EllTV1SIll.lmERANlolO"'Ie ,,- mE eo.uVA/lD ~ 1lITl-l SERY!a5 ~.,," ll!CI'eel"\...O.Q;~$ta:l~.CRl!'!!.TYIEIU~CORECl"l'!Ct!: SCteeO$ COI..!I'15l"l\o'l\J.A6EI<U$IN6Il1TJ.05e:~$\.O:l%lIl2 "CIee05 KEY EXISTING IlIIlIIIillI BUILDINGS r----- I n I I I I I . I ill : ~ I ill ' G': ' :0 I Q , o ' d I r : Lu___-=-_~~_~~ 45TH AVENUE NE. I -------- J --------- 14 z Q G': 01 -<[ > ill --1 ::J o lJ} G': o ): G': ill <l) ill G': r ~{~~ NE ]~ ~ ...--- SCALE I' . 40'.0' CREST VIEW CORPORATION EXISTING CAMPUS SITE PLAN Consultnnt..s CertiCioation Project. Information Crest View Corporation Crest View Lutheran Home - Addition & Renovation The Bl,lulevard-Garage Addition Columbia HeigbLs, MN Revisions n_t.., oc,~~ Dr..,"" B:r- Checked ay: AFiMT 'ob N~ ~~_ Sheet Inforrn.ation EXISTING SITE PUi'l SHEET 1 sire 5TAT15T1C5 lPdSTlNG QIlOT VIEW l.IlJ1..il!lUH I<CMI! );I,M~. THEc.a..l.EV,IRC~&m.I~ U.,.1!.l'. I"CrCl!"I"'l.ACEAe5l5lWL1YH:loIClll!5TVlt'llHl:;ME~C1'I'lCI!! e.,. $11. c:a..J.I"'eLIVllJ.,oIGEIC\I$N::>\l.ffiI~S~J~ 12~!I'. TOTAl.;)<I!1I[lIiI:ietlllDlIiI:i~NT ~ 'lSllOlaTVIe;llo::tt"lO'G ~- ~p~5r.4lLj'" ~~"'AIOl<;IIiI:i5TAU..," lOT4LPAf<IQNCioST<lU.I> KEY ~ NEW BUILDINGS CJ EXISTING BUILDINGS ....smSl'. .)M;Sl'. ,..,....." !lW5T.At.J..S lT5TAU.$ llrmlJ3 ui Z I- III III OC I- <J) Q o III ....I II r 45 TH A VENUE N.E. o l r ~i{~NE l{ ~,,} l llj z Q OC 01 <{ > III ....I ::J o (fi OC ~ OC III <J) ~ CREST VIEW CORPERA TION PROPOSED CAMPUS PLAN . PLUTI Consult.unts PrDject. Information Crest View Corporation Creel View Lutheran Home - Addition &: R.,nova,uon The Boulevard-Garage Addition Columbia Heights, UN Revision:!il ~.wn aT- Clu.",l<..<1 By' Sheet. Information PROPOSED SITE PLAN SHEET 2 45TH ~'IENU~,_" '____ i -__---.J ~-----~------+---- 45 TH A VENUE N.E. 45 TH A VENUE N.E. /9".JI1 , '\ '\ -.,. .-" '~\:.. :':rr \ \\ \ '~.~\\\; \}.~~=~~ ==~t~:;>, ~-:~,:;,-:=::' -=-------==~-=----==---==--:..:;~\~>~~j t ~~"~ --=---~-..:::.---_---~ " '." "&- "=-- -=-- :~:::~C:~;'~:=~~~i\" \) Jii.' . "'I' __~.. _. '~~' r, i ~.::-=-=- ", '~,. ',' :,~,., ~_'," " ~==:..~=~~:5J~', /:0 I \ - ----- ~~ > -:- _____-, i';~:~~~~,,: ,,' "-~} ", ~. w Z 0 0 n:: ,c. <{ > '::i :J 0 CD n:: 0 > n:: w Ul w n:: " ~ " I il [I 44 TH AYENUE w Ie- 1------- u ~- w 61~ 0:: e- Ul w z :3 i'-- I N'=:. I~ <{ ":i KI!Y I I I I. ,. _ .....-----' SCALE, j' $ 4Z'-a;!' ~... 1IR.....G8 c:J I!XI8TlINGI 1lULDlNG8 CREST VIEW CORPORATION PROPOSED TOPOGRAPHY SITE PLAN TROSSEN WRIGHT I H.~ Consultant.. Certific....Uon Project. InfCll"tnIll.Uon Crest View Corporation Crest View Lutheran Home - Addition k Renovation The Boulevard-GllTllio Addition Columbia Heights, UN Revi:doDS Drs_ Dr. ~--- ~~ Sheet InlDrn1aUOn Proposed Topography Site SHEET 3 5OUTI-I ELEvATION - CREST ViEW LUTI-IERAN I-IOME ADDITION 1116' . I'-e>' TROSSEN WRIGHT I Consultants CcrtiticQ.Uon '\ Crest View Corporation Cnat VIe. Lutheran Homo - Addition 11: RenovaUon The Bowcl"rud-Garafe Addition Colwnbia Heichts. HN RevudaluJ Project In.1'OTml,l.tion ~ 51lJCCO TOMATCl-I EXlSTIN6 0..__ Br- Ch...k.4 By: lDb Num.ber. -----.-- Sheet In:formaUon SHEET 5 LOUVER VENT 61' MECHANICAL Consultant.. C)6ARAGE ENTRYINORTI-l ELEvATION - NO SCAl..E Cert1n~iltiOD ASFHAL T SHINGLE5 5TUCCO SIDING TO MATCH EXISTING Project. Information Crest View Corporation Crc!lt View Lutheran Home - Addition ok RenOVQtioD The BOulevard-Garage Addition Columbia Hejchb. KN Revisions D....""" B;r: Ch...._.t BT' 06ARA6E WEST ELEvATION - NO SCAl..E Sheet Inf'ormaUon SHEET 4 ......., P\.NtfSOiEtllJU: 1(0 wmt CCI.AlOlONMIE ~nru: N,IN[ I Pt.~:f(; I fJ~~ I lltClllUaJSlREES . . fwnJWN IlLAlE II.Y'LEj A<;<;Je~!;"~.. I 2-5'! F",w::::"' , . pWAAr 8\JRNiI<G llUSHl ~t:.;,~~!u. 12fT. I ~ - ~r_ O(ClOUClISSliflUBS , , /J,/(RI~~RHUl41 t:c~P':'I'." 1 I W.~;5~1.1 MOltS, ~ KEY EZZl NEW BUILDINGS c:::::::J EXISTING BUILDINGS u.i Z I- III III (}(. I- <J) Q o III -l l) L 45TI-l AVENUE N.E. =::::::::=:-- l 44TH AVENUE N.E. Jlj w . .. _ l I ~{ l{ ~ - I ~: ~~ ":".~. N CD CREST ~EW CORPERA~ON PROPOSED CAMPUS PLAN ~ z Q (}(. 01 ~ III -l ::l o co (}(. ~ (}(. III <J) III (}(. PROPOSED LANDSCAPE PL.\;.'Il SHEET 7 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 13,2006 AGENDA SECTION: Consent Items NO: ~., , ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL BY: ITEM: Approval of two setback variances for a house and two setback variances for a driveway located at 3806 Jackson Street. Resolution 2006-239. BY: Jeff Sargent, City Planner DA TE: November 9, 2006 BACKGROUND: At this time, Wade Russell is requesting four (4) variances in association with the construction of a new house located just south of the house located at 3806 Jackson Street. Two variances are needed for the placement of the principal structure on the property. They include a 5-foot side yard setback variance to the north lot line and a IS-foot side yard setback variance to the south lot line, per Code Section 9.109 (C). The other two variances are needed for the placement of a shared driveway. The two properties will require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C). The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width. Any new improvement to the property would have to meet the minimum side yard setback of 20 feet. Given this, the current setback requirements would make it impossible for the applicant to building anything on the property without first obtaining a variance to do so. If this property were located in the R2-A, One and Two Family Residential District, no variance would be required for the side yard setbacks for the proposed building. RECOMMENDATION: The Planning Commission held a public hearing on November 8, 2006 and recommended that the City Council approve Conditional Use Permit based on the stated conditions, with a 3-1 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-239, there being ample copies available to the public. Move to adopt Resolution No. 2006-239, approving the IS-foot side yard setback variance and the 5-foot corner side yard setback variance for the construction of a new house and two 3-foot side yard setback variances for the construction of a shared driveway at 3806 Jackson Street, subject to the conditions stated in the Resolution. A R M 2006 239 PI R A M. S' PI ttac lments: eso utlOn o. - , annznf{ eport, rea ap, lte an COUNCIL ACTION: RESOLUTION NO. 2006-239 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR ERIC WADE RUSSELL WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3806 Jackson Street LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new house per Code Section 9.109 (C), a IS-foot side yard setback variance for a new house per Code Section 9.109 (C), and two 3-foot side yard setback variances for a new driveway per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on November 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare ofthe community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Resolution No. 2006-239 FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a "Work Within the Right-of-way" permit from the Engineering Department for the construction of the curb cut for the new driveway. 3. The garages shall be architecturally compatible to the principal structures, incorporating similar building materials and colors. 4. The applicant shall establish a driveway easement agreement for the shared driveway and record it with Anoka County. Passed this day of November 2006 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1102 DATE: November 8, 2006 TO: Columbia Heights Planning Commission APPLICANT: Eric Wade Russell LOCATION: 3806 Jackson Street REQUEST: A 5-foot side yard setback variance to the north, a 15-foot side yard setback variance to the south for a new house, and two 3-foot side yard setback variances for a driveway. PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Wade Russell is requesting four (4) variances in association with the construction of a new house located just south of the house located at 3806 Jackson Street. Two variances are needed for the placement of the principal structure on the property. They include a 5-foot side yard setback variance to the north lot line and a 15- foot side yard setback variance to the south lot line, per Code Section 9.109 (C). The other two variances are needed for the placement of a shared driveway. Both properties will require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C). The applicant proposes to construct a new house just south of the existing house located at 3806 Jackson Street. The current legal description of the property in question describes two separate lots. Because these are buildable lots of record, the applicant is able to split these parcels through Anoka County, and request the necessary variances through the City of Columbia Heights. The lots of records are undersized according to today's lot size requirements in the R-3 District. However, there is a provision in the Zoning Code that allows the construction of a new principal structure on a buildable lot of record, as long as the lot of record meets 60% of the minimum lot area or lot width requirements for the district in which it is located. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential, and the proposed use is a single-family residence. The use is consistent with the types of uses City of Columbia Heights Planning Commission Eric Wade Russell, Variance November 8, 2006 Case # 2006-1102 found in Low Density classifications. The proposal will include a new house and garage on the southern parcel and a new garage for the existing structure on the northern parcel. ZONING CODE The property is zoned R-3, Limited Multiple Family Residential District, as are all the properties in the area. The R-3 District requires the following minimum setback requirements: Front yard: Side yard: Corner side yard: Rear yard: Average Requirement 20 feet 30 feet 25 feet The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width. Any new improvement to the property would have to meet the minimum side yard setback of 20 feet. Given this, the current setback requirements would make it impossible for the applicant to building anything on the property without first obtaining a variance to do so. If this property were located in the R2-A, One and Two Family Residential District, no variance would be required for the side yard setbacks for the proposed building. Code Section 9.106 (B)(4) of the Zoning Code states that a lot of record shall be deemed a buildable lot provided it has frontage on a public right-of-way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: a lot or lot of record upon the effective date of [the code] which is in a residential district and which doe not meet the requirements of [the code] as to area or width, may be utilized for single-family detached dwelling purposes provided the measurements of such lot meets 100% of the front yard, side yard and rear yard setback requirements for the district in which it is located and 60% of the minimum lot area or lot width requirements for the district in which it is located. The parcel in which the applicant would like to construct a new house is 40' X 129.15', or 5,166 square feet in area, or 79.5% of the minimum standard. Given that the lot area requirements are met, the applicant would still require the setback variances in order for this property to be considered buildable. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The hardship for this property is that the property is not wide enough to accommodate any type of new construction. The minimum setback requirements Page 2 City of Columbia Heights Planning Commission Eric Wade Russell, Variance November 8, 2006 Case # 2006-1102 imposed by the Zoning Code disallow the applicant to construct anything on the property. For this reason, the applicant is unable to use the land in the same manner as other residents in the R-3 District. The topography of the property along the alley is excessive as well. An option that the applicant has is to orient the garages towards the alley. This would be extremely difficult to do, as it would require excessive land excavation. Utilizing a shared driveway for the properties would enable the applicant to construct the garages without the hardship of extensive excavation. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the variance is based are unique to all 40-foot lots in the R-3 District. By conducting a survey of all single-family houses in the R-3 District, it was determined that the average lot width for these parcels was approximately 51 feet. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code require setback standards that are too extreme for this particular piece of property in the R-3 District. In the R2-A District, this proposed building would not require setback variances. The applicant has not created the hardship being used to justify the granting of the variance requests. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The intent of the Comprehensive Plan for this area is to promote Low Density Residential housing. Improvements on a preexisting low-density parcel are consistent with the purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting these variance requests would support the type of housing that the Comprehensive Plan support. The addition of a new house in the area would be consistent with the type of housing surrounding it. The addition of a garage for the existing principal structure would also bring the existing property in more compliance, as the Zoning Code requires a minimum 20' x 20' garage on all residential properties. Page 3 City of Columbia Heights Planning Commission Eric Wade Russell, Variance November 8, 2006 Case # 2006-1102 CONCLUSION After reviewing this variance application, Staff concludes that the setback requirements for the R-3 District pertaining to one and two family dwellings do not allow the construction of a single family home. Granting the applicant's variance requests would allow the applicant to use the property in the same fashion as any other single-family dwelling owners can utilize theirs in the R-3 District. Staff recommends approval of the variance requests. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve 5-foot side yard setback variance and the 15-foot side yard setback variance for the construction of a new house, and the two 3-foot side yard setback variances for the construction f a new shard driveway for the property located at 3806 Jackson Street with the following conditions: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. The applicant shall obtain a "Work Within the Right-of-way" permit from the Engineering Department for the construction of the curb cut for the new driveway. 3. The garages shall be architecturally compatible to the principal structures, incorporating similar building materials and colors. 4. The applicant shall establish a driveway easement agreement for the shared driveway and record it with Anoka County. Attachments: Draft resolution, location map, site plan. Page 4 3806 Jackson Street .r;:~/ 3935 3934 "';c/"';"'; I 3934 3935 3931 3930 3931 3930 3931 3928 /: /i w~ 3923 3922 3923 3924 - 3921 3918 3918 l 3900 3917 3914 3915 3912 ( 3911 3911 3906 3910 . --.J --.J 3907 C>> 0 ->. co co I ....... 01 0 0 3900 3901 3900 01 co ( 39TH AVE 3856 3857 3856 3855 850 3857 C>> 3853 (Xl l- I- I- 01 3850 (f) 3851 3850 (f) 3849 3850 (f) 3849 ..I:>- 3848 3845 3844 3847 3842 3847 3840 3844 --.J 3841 3842 3841 0 --.J 3837 3836 3837 3838 3839 0 ->. 3838 (J) 3833 3832 3835 3834 3835 3828 3828 3829 3830 3829 C>> 3829 3824 3824 3825 (Xl 3825 N 3823 (Xl 3820 3821 3820 3823 3818 3819 3816 3818 3819 PL 3813 I 2S.12 3815 3812 3815 --.J --.J C>> ,. 381 0 ~1' 3809 3810 I :::: I (Xl N N 0 3805 I -~806 I ~ 3805 3806 C>> C>> -.j 0 (Xl 3801 I 3801 3800 0 I ' ! 0 ~ 38TH 3731 3730 ~, 3731 3728 3729 3727 ""3'?"Z6 3725 3725 --.J C>> 3723 3720 3723 3722 Z 3721 3722 I-- N --.J Z LU 0 N 3719 3719 3716 a: 3717 3718 N 3716 >- 3713 0 3714 :::> 3713 0 C/) 3710 3710 Z 3705 3708 ~ 3709 3710 co 3711 711 - 3704 () Z 3705 tf~ 741 :::> ~I ~ a 801 3700 3701 I 3700 3701 3700 N 37TH AVE dr W~~7E 5 Location Map lot a way is like to build a driveway to Family I lot's widtlL I side Setback Setback ft 200 ft Total Average . FOR ~ p.<vc::. 'A\Y'::;> I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT PREPARED BY ME OR UNDER. MY DIRECT SUPERVISION THAT I AM A DULY LICENSED'LAND,SURVEYOR UNDER TH~~~~~\i:::O(~Er~~ TE\ OF ~~~];$(Jr1C~,/ ~~~~_-:'_~. ~',.,t"('"'::_.,_.~~~.. .. Randy L. f\Ur(th. D.,L.S. No. 20270 R us s e I I J. 1\ llfTn:' L . L . S. ~jo. 1 61 13 ~ ~( o o :r \ ",J:r (7r --- ( o :::r , .J \ " 4t~ -- ( MEA SUREMENTS SHOWN I N FEET AND DEe I MAL S OF A FOO Ti DATE {D- 15-0(0 o = I RON fAOf'IUMENT "\ \/--' \ b \ \'''!'} ~t; o. \ '2..0!"'" ';'.~. .r:,:, ,# ~ L, \? \ ~. ~_?:: 7(:' 's" o ';;.. 0 4002 JEFFERSON ST. NE COLUMBIA HEJGHTS, MN 55421 PHONE (763) 788-9769 FAX (763) 788-71502 [-MAIL: KURTHSURVEHM6L.COM SCALE I t'-J FEET ~, ~- o - ~ -.'<u <-\':. - 1,2::- t.-\ ~ ... -- ?IS.3 t, ,"', ~';l)'Q ,I ,,~ \;t. 7~)1;:o \ \.,.-0 -'- -.-\ ..--- ~S,l c..OLut"'\D\ p... H.G \ (~ t-\~\ '::; D,N N E:)i.. Tt...') ('Y'j r L<'" ') A'" "~. -- \ o .J\ tP \ f'" ~~-... 'f\ 5" .10 "b " \\6 ::. Lo\ II-I) EY', tOlu\:il l) i A \-\~ ') / I \ , / (~O, ) '7 :'} , bY. ""'...~) 11 ~<<..~I (C (MEASUREMENTS SHOIIN IN FEET AND DECIMALS OF II FOOT! _ me. 4002 HFFRSON ST. NE COLUMBIA HfJGHTS, MN 55421 PHON: (763) 788-9769 FAX (763) 788-7602 E-MAIL: J(URTHSURVEY@A6LCOM ., OR ~ p.;vI:E: DATE o " I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDER~Y DIRECT SUPERVISION AND THAT I AM A DULY LICENSEu~LAND SURVEYOR UNDER -1lIE--I::-AWS:::j.lf,<'111E)ST ATE OF M I NNE;~$eJTA-:-"~~) ..",.-~-- \. .,,&1 \.-- '- ~ _ ~-""""\ (/' '~>"'--"', ,';~'-'~ '-../ Ran d y L. 1\ u r(tft. ..,~: L~;'N~~"c,,;o 2 7 0 Russell J. KuTnC'L.L.S. No. 16113 o ?-O I " I ([Jl :t: SCALE IN FEET I, ~ L.'7 I~ '{.- Ie, ,,-I -....... '- "-..... \"i n \ r... ~- (_ -\ , ::::J t-- E I)(..,c. \)'2..\..../<:: -::), -- ~ :( ~ '- t.\.q".- \ ,j\ I rJ , -f I ~\ -.,.~) "'..'/'21: o o ::r \ o t?J M"" I ( uJ 0 1'-" _, :::r -:', -) \ 4 ~. ~\:\ ,- ", '.... '\J\ ,,\ \n -, ~ ~"""""" - Lo\ IY) ~ S,I COl.,l)t><"\\-S \ p,.., \..1.. G \ ~ \"",'Or;,., /~,H 1--\ 1::: Y- T\..') fY\ P Lt" ') A\'{ tOl0\nij\A \-~\::\Gj\-\\,? f\.,\,-\I:,.\'E:.)( TO. "",9 ') fA"N , ,; .....- "J~ ) ~, ,.-J () cf \.tS(-a0L. Q c;. <se.. \~S\? \" \ b 1'\ ", ,," ':.. VE (MEASUREMENTS SHOIIN IN FEET AND DEC/MALS OF A FOOT! SURVEYING. 4002 JEFFERSON ST. NE COLUMBIA HEJGHTS, MN 55421 PHONE (763) 788-9769 FAX (763) 7138-7602 E-MAIL: KURTHSURVEY@AOL.COM .IOR I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDEUAY DIRECT SUPERV I S ION AND THAT I Ml A DULY L I CENSElJ'LAND~RVEYOR UNDER -T:E~Yt~L~l~A TE\ ~:^_~~ZTA: ",,/ .,........---,_~-_..- ---. '\.,jP}t ~_,~d ,.,,'.,,:::;,.~.. Randy L. Kuu{r( [S"L.S. No. 20270 R us s e I I J. K u fTlr:" L . L . S. No. 161 1 :3 b':;;"~ ,- .--. - ::;f . ~( ---- ~ o :r \ DATE I 0 ~ '5 ~ 01.0 o = IRON MONUMENT w I\b\\'?; .. :;.. \~ON ~OU'l~ r,:> . ;t. '?'?\"l~ "'-..~ r o 1-0 I " I SCALE IN FEET \2-<=\. \ S ~- :1 j J. 7, s u) tJ r 0 . ,0 ::r (( ~\ I I i / }/J r....-')--,. -- E \)(..,,: (---' ..) \ \ :; ,(0 L~b4).,l- \) ::. Lo"f H ) -- \1..C\.l c..DLlJt-!\ b \t~... h G \ ~ ~ i ~ ~ toU)\n~\A \-\G\~l-\\? ) b.-..N N E:)<.. TO M r U:, J A \'l, D v;.A , ) E)( TC> 'tJ\<YL,? '\ t:\.'f'lb\LA :.. It.) '\ { I ), ,:;~~~~~;' oThree bedrooms 02-1/2 baths 01,575 sq, it 0 #DBI855_3~ _ " _ ~_ 194-7731, 395~0048-D051) .191-/2:H, 6fb-0023. 002-t~ 195-01.:10 ....,;;~! :ti.n'" - -,.. ,----- . .' 7 I i':J' ,-Ot.. ;< 7 II SiD" - '__ ,vvL, 10 f1ric.{.f o Aluminum soffit and fascia 0 l..1,," pIL,hung sleel service door c 25 year Superglass@ shingles 0 3/8" x 8" x 16' SmartLapO siding o One 36" x 24" sliding vinyl window o 24" overhang on the eaves and '12" overhang on the gable ends , One 16' x 7' steel raised panel overhead garage door [I) " , 'L .J /,,) /.. '') J 2 ..) 20 20 I" ,I. I .7 CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: 5. CONSENT ORIGINATING DEPARTMENT: Fire ITEM: ISSUE RENTAL HOUSING BY: LICENSE 3810-38123RD Gary Gorman CITY MANAGER APPROV AL BY: NO: NO: DATE: November 8, 2006 DATE: The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Bob Landucci to operate the rental property located at 3810-3812 3 rd Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: CONSENT NO: ITEM: APPROVE RENTAL HOUSINGjy": LICENSE APPLICATIONS \ NO: DATE: '5.A. i ORIGINATING DEPARTMENT: Fire Gary Gorman CITY MANAGER APPROV AL BY: November 7, 2006 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for November 13, 2006. COUNCIL ACTION: Occupany I.D. 10073 10186 20050 30034 30066 30092 30109 30147 20141 10184 1 0094 12190 10141 10166 30163 20108 12076 10167 12140 10150 10161 20177 20216 20101 10169 10176 10093 12145 20137 11/rlAf?()()P; L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Tasks Unlimited Lodges Lundgren Properties LLC Deer Meadow Holdings Midwest Management Midwest Management Midwest Management Northeast Seniors Housing Poseidon Companies Laura Alarcon Henrique Dos Anjos Natalie Feile Alma Field Dave Holt David Jones Shah Khan Wade Klick Travis Klien Josephine Masita Thomas McQuarry Nixholas Miller Bernie Nelson Kelly Phillips Robert Samaroo Nelia Schaff Bradley Schumacher Riaz Shad Leland Stauch Gary Stockwell Charles Szaflarki Property Address 1479 LINCOLN 4715 CHATHAM 4657 5TH 2200 39TH 3839 HART 3838 MCKINLEY 3850 Stinson 3925 3RD 4555 WASHINGTON 4647 POLK 4125 Quincy 39483RD 1221 44 1/2 4111 5TH 981 43 1/2 3736 3RD 1204 CHEERY 50166TH 60951ST 3819 VAN BUREN 3911 ULYSSES 4533 WASHINGTON 93942 1/2 1203 CHEERY 3975 JACKSON 184241ST 4311 Royce 683 51 ST 4156 CLEVELAND 11''{7 P~np 1 CITY COUNCIL LETTER Meeting of: November 13,2006 AGENDA SECTION: NO: CONSENT ORIGINATING DEPT.: License Department NO: APPROVE BUSINESS LICENSE AGENDA BY: Shelley Hanson CITY MANAGER APPROV AL DATE: s: A. 9 DATE: Nov. 8,2006 BY: BACKGROUND/ANAL YSIS Attached is the business license agenda for the November 13,2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006 and renewals for 2007 . Also included on the agenda are the renewals for calendar year 2007 that have been received and approved to date. These include renewals for Cigarette Sales, Off Sale Beer, On/Off Sale Beer, Liquor, Club Liquor, Fuel Dispensing Devices, Massage License, Secondhand Dealers, Motor Vehicle Sales, Courtesy Benches, and Games of Skill . At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infonnation cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for November 13,2006 as presented regarding the new licenses for 2006 and the renewals for 2007. COUNCIL ACTION: TO CITY COUNCIL November 13, 2006 *Signed Waiver FOlm Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Boehm Heating *North Central Plumbing *ELK Mechanical *Erickson Plmb & Htg * Action Htg & AC *Haussner Plumb LLC *Harris Co. * A Trust dba A. Aaron's Halley's Custom Homes Inc 1598 Selby Ave, S1. Paul 28177 146th St, Zimmerman 6361 Sunfish Lk Ct #100, Ramsey 1471 nnd Ln, Blaine 8140 Arthur St, Spr.Lk Pk 5610 Memorial Ave N, Stillwater 909 Montreal Cir, St Paul PO Box 712, Chanhassen 1421 E. Wayzata Blvd, Wayzata ****LICENSES FOR 2007**** OFF SALE BEER *Speedway Superamerica 5000 Central Ave NE *RBF LLC/Rainbow Foods 4300 Central Ave *Totem Foods 4635 Central Ave POL, FIRE, BLDG, ZA ON/OFF SALE BEER POL,F, BLDG, ZA *Dick's Place 547 40th Avenue NE GAMES OF SKILL $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $150.00 $150.00 $150.00 $550.00 * American Amusement Arcades 2100 96th St W, Mpls $360.00 For Star Bar and Mady's *Theisen Vending 3800 Nicollet Ave So, Mpls $150.00 For LaCasita, Family $, Laundry World POLICE MOTOR VEHICLE SALES ZA *David's Auto 573 40th Ave FUEL DISPENSING DEVICES FIRE *Lowell's Auto Repair *Columbia Hts Rental *University Auto 4457 University Ave 3901 Central Ave 5057 University Ave PW COURTESY BENCHES *US Bench Corp various locations $300 $100.00 $50.00 $80.00 $450.00 POL, F,BLDG,ZA POL, F, BLDG,ZA POLICE POL, F, BLDG, ZA POL,F, BLDGE,ZA BLDG. LIQUOR LICENSE *Mady's Bowling Center 3919 Central Ave $6,700 CLUB LIQUOR *VFW #230 4446 Central Ave $500.00 CIGARETTE SALES *Univ. Auto Service 5257 University Ave *Sarna's Tobacco Stores 4329 Central Ave *Totem Foods 4635 Central Ave *RBF LLC/Rainbow Foods 4300 Central Ave *Marina Bar & Grille 4755 Central Ave * Jerusalem Mkt 4945 Central Ave Columbia Heights Liquor Stores (3) locations $300 $300 $300 $300 $300 $300 Fees Waived SECOND HAND DEALER * Salvation Army 3929 Central Ave *Hollywood Video/Game Crazy 4849 Central Ave $100.00 $100.00 MASSAGE BUSINESSIINDIVIDUAL LICENSE JD Massage/Jocelyn Dukhorn 4421 2nd St NE $500/$100 CONTRACTOR'S LICENSES (2007) *Kath HV AC 3096 Rice St, Little Canada $60.00 *Gene's Sewer & Water 4360 Lyndale Ave No, Mpls $60.00 *Home Energy Center 15200 25th Ave, Plymouth $60.00 *LeRoux Excavating 2104 64th St, Wht Bear Lk $60.00 Automatic Gar Door 8900 109th Ave N, Champlin $60.00 *Wenzel Plmb & Htg 1710 Alexander Rd, Eagan $60.00 *The Plumbing Guys/Local Plumbers PO Box 2066, Burnsville $60.00 5'. /1-10) CITY OF COLUMBIA HEIGHTS Fll-.JANCE DEP AR TMENT COUNCIL :MEETING OF: fJov~ l3f JOtJip STATE OF MINNESOTA C01JNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number . I Iq D 7 ( in the amount of$ 2/D~2, 3bfJ. 42. through \ \ q 3ql These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 11/09/2006 10:34:30 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title...... .11/13/2006 COUNCIL LISTING INCLUSIONS: Fund & Account.. thru Check Date...... Source Codes........ Journal Entry Dates. Journal Entry Ids. Check Number........ Project......... . Vendor.......... . Invoice. . . . . . . . . . Purchase Order... Bank............ . Voucher ......... Released Date. Cleared Date.. ... thru thru thru thru 119071 thru 119397 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 11/09/2006 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ARCH WIRELESS/METROCALL AYRES/STEPHANIE BELLBOY BAR SUPPLY BELLBOY CORPORATION BERLSON IMPORTS BIFF'S,INC. BRADLEY REAL ESTATES INC CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI COLUMBIA HEIGHTS I CURTIS 1000 EXTREME BEVERAGE FRATTALONE COMPANIES INC G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HANSON/SHELLY HENNEPIN TECH COLLEGE HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. LANDWEHR/KELLY LARKIN/JOHN LOADER/REBECCA MARK VII DIST. MEDICINE LAKE TOURS MENARDS CASHWAY LUMBER-F MIDWAY FORD MINNEAPOLIS SAW CO. MN DEPART OF ECONOMIC SE MN DEPT OF ADMINISTRATIO MORE DISTRIBUTING, INC NEEHAN FOUNDRY CORP PETTY CASH - LIZ BRAY QWEST COMMUNICATIONS RADIO SHACK RICOH BUSINESS SYSTEMS ROYAL TIRE SULLIVAN/TOM TDS METROCOM THE MERMAID ENTERTAINMEN TRUGREEN CHEMLAWN VERIZON WIRELESS WHEELER LANDSCAPE WW GRAINGER,INC XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS 119071 119072 119073 119074 119075 119076 119077 119078 119079 119080 119081 119082 119083 119084 119085 119086 119087 119088 119089 119090 119091 119092 119093 119094 119095 119096 119097 119098 119099 119100 119101 119102 119103 119104 119105 119106 119107 119108 119109 119110 119111 119112 119113 119114 119115 119116 119117 84.19 500.00 93.25 1,368.05 650.00 821. 61 11,885.12 18,048.30 4,462.20 5,581.28 1,790.77 640.00 8,505.00 29.33 3.93 49,317.89 16.02 740.00 3,971.95 26,222.54 9,612.39 36.00 27.47 75.03 11,364.77 3,315.00 106.29 70.50 207.17 1,733.45 507.17 81.00 3,243.99 78.75 116.09 95.82 14 .58 2,070.68 150.00 455.75 329.38 3,164.14 93.67 1,776.97 141.02 4,796.99 131,051.00 ACS FINANCIAL SYSTEM 11/09/2006 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN BELLBOY CORPORATION CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI CLARK/DEB COCA-COLA BOTTLING MIDWE CROSSMAN/CHERAY DEEP ROCK WATER COMPANY EXTREME BEVERAGE FIRST STUDENT INC G & K SERVICES GARCIA/JUAN GENUINE PARTS/NAPA AUTO GOLDEN AGE CLUB GRIGGS-COOPER & CO HENRY P HENRY HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. LIEBELT/KIMBERLY MIYAMOTO/KEIKO MOELLER/KAREN MURZYN/JOHN NORTH HENNEPIN COMMUNITY PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY QUALITY WINE & SPIRITS SHAMROCK GROUP/ACE ICE SPECIALTY WINES & BEVERA VERIZON WIRELESS WINDSCHITL/KEITH XCEL ENERGY (N S P) ALESSANDRONI/GARRETT .z"LMAN/WENDY BAKER/ARDIS BELHAJAMMAR/GHARBIA BIGGERSTAFF/MARGARET BOESER/LOIS BOLSTAD/DIANNA BOQUIST/ELSIE BOWMAN/PEGGY BRADY/MARY BROWNING/SHIRLEY COPA/KARN DANIELS/DEBORAH DAY/LAURIE DEEGAN/GERALD 119118 119119 119120 119121 119122 119123 119124 119125 119126 119127 119128 119129 119130 119131 119132 119133 119134 119135 119136 119137 119138 119139 119140 119141 119142 119143 119144 119145 119146 119147 119148 119149 119150 119151 119152 119153 119154 119155 119156 119157 119158 119159 119160 119161 119162 119163 119164 96 .68 5,013.54 2,475.45 3,193.72 202.12 1,640.20 29.82 59.84 320.00 249.78 49.71 185.99 139.43 300.00 16,570.56 23.64 727.50 14,940.95 13,247.39 90.00 250.00 86.40 150.00 398.00 196.67 62.61 1,538.02 380.72 806.75 226.32 31.97 16,665.23 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 ACS FINANCIAL SYSTEM 11/09/2006 10 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT BANK CHECKING ACCOUNT DOONER/LILLIAN EDGETT/DOLORES FOSSUM/KATHLEEN GARDNER/KATHLEEN GEBREMESKEL/EDEN GERDIN/SANDRA GODFREY/LINDA GORMAN/LOLA MAE HATELLA/SHARON HLAVA/PATTY HOZZA/SHIRLEY HUPP/PHYLLIS JOHNSON/LAURIE JONES/TERRA JORGENSON/B JUREK/ANNE KLEIN/TIMOTHY KLETZIN/LORRAINE KNUDSEN/PAUL KRYDUBA/JOANNE LANE/DEANNA LEE/MARCIA LONG/MICHAEL LOS IE/DENISE LUND/BERTHA MARFIZ/LAURIE MARTIN/CLARICE MARTINEZ/ELIZABETH MARVIN/THOMAS MASTRO/MARY MC CANN/STEPHANIE MEYERS/SYLVIA MEZZENGA/TIMOTHY MOHR/DIANE MULROY/PENNY NAKIB/SARAH NELSON/CLARETTE NELSON/LINDA NELSON/MEREDITH NORMAN/ELAINE O'LEARY/MARGARET OLSON/GERALD OSTLUND/LILLIAN PETERSON/JUDY PETERSON/LEONA PFLEGHAAR/SHERRY PIEPHO/PEGGY 119165 119166 119167 119168 119169 119170 1191 71 119172 1191 73 119174 119175 119176 1191 77 1191 78 119179 119180 119181 119182 119183 119184 119185 119186 119187 119188 119189 119190 119191 119192 119193 119194 119195 119196 119197 119198 119199 119200 119201 119202 119203 119204 119205 119206 119207 119208 119209 119210 119211 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 ACS FINANCIAL SYSTEM 11/09/2006 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PIERCE/STEVE PORTLANCE/JOANNE RESHETAR/SUSAN RYBAK/PAUL SALVI/RENEE SHERIFF/SONJA SIERZANT/MARY SMITH/JANICE STEFFL/DANIEL SUNDEEN/NANCY SVITAK/EUGENE T & K PROPERTIES THOMPSON/RUTH TORKELSON/SUSAN VAVROSKY/DONALD VECHELL/PATRICIA VOS/MARIBETH WALRATH/JUDITH WANZEK/LOUISE WENZEL/BERNICE WIDSTROM/LOVONNE WIEBER/ROBERT WILLMAN/MARVIN WIOSKY/CHARLES WOOD/OLGA YORKS/GERALDINE NORTHEAST BANK BLOWERS/CAROLE BRADLEY REAL ESTATES INC CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI CHOICE POINT SERVICES DEEP ROCK WATER COMPANY DRS LIVING TRUST,SCOTT A DTM DISTRIBUTING INC ESCHELON FARNER-BOCKEN FETZER/KELLY FIELD/MATTHEW GENUINE PARTS/NAPA AUTO GORMAN/GARY GREATER METROPOLITAN HSG GRIGGS-COOPER & CO HAUGEN/ROMELLE HENRY P HENRY HOHENSTEINS INC HOSO/SALKO 119212 119213 119214 119215 119216 119217 119218 119219 119220 119221 119222 119223 119224 119225 119226 119227 119228 119229 119230 119231 119232 119233 119234 119235 119236 119237 119238 119239 119240 119241 119242 119243 119244 119245 119246 119247 119248 119249 119250 119251 119252 119253 119254 119255 119256 119257 119258 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 7.61 660,000.00 73.75 1,219.80 34,004.80 6,983.42 168.00 67.26 44,951.16 160.00 157.37 5,904.58 150.00 23.91 365.51 34.48 35,000.00 1,755.15 52.00 500.00 3,176.45 216.28 ACS FINANCIAL SYSTEM 11/09/2006 10 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 BANK CHECKING ACCOUNT JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. JOHNSON/TOM KIWI KAI IMPORTS LIEBELT/KIMBERLY MENARDS CASHWAY LUMBER-F MINNEAPOLIS FINANCE DEPT MYAS OFFICE DEPOT PARTENHEIMER/KIRSTEN PETERS/SUSAN PHILLIPS WINE & SPIRITS PHILLIPS/LA MIA QUALITY WINE & SPIRITS SARNA'S INC STEFFEN/DEBORAH L STREETAR/ROBERT VERIZON WIRELESS VMWARE INC WARSAME/FADUMO XCEL ENERGY (N S P) ZETTERVALL/RACHEL CITY OF COLUMBIA HEIGHTS A & C SMALL ENGINE ABLE HOSE & RUBBER INC ACE HARDWARE ALLIED/BFI WASTE SYSTEMS AMERIPRIDE ANOKA COUNTY ANOKA CTY - CENTRAL COMM ASPEN EQUIPMENT ASTLE FORD INTERNATIONAL ATLAS AUTO BODY, INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BLUEMELS TREE SERVICE BRIN NORTHWESTERN GLASS BROCK WHITE CO. BRODART CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CCP INDUSTRIES CENTER POINT ENERGY CENTRAL LANDSCAPING CENTRAL RENTAL CHERNIN/ALEKSANDR CINTAS FIRST AID-SAFETY 119259 119260 119261 119262 119263 119264 119265 119266 119267 119268 119269 119270 1192 71 119272 119273 119274 119275 119276 119277 119278 119279 119280 119281 119282 119283 119284 119285 119286 119287 119288 119289 119290 119291 1192 92 119293 119294 119295 119296 119297 119298 119299 119300 119301 119302 119303 119304 119305 AMOUNT '5,408.37 24,090.44 238.71 145.00 25.00 114.70 30.00 3,000.00 69.00 127.36 209.42 42,259.85 200.00 2'5,021.54 64,000.00 51.01 97.90 222.58 51. 22 300.00 134.58 52.00 13'5,716.85 36.58 94.45 78.91 813,805.41 118.40 46.00 1,796.28 '1,254.52 204.91 1,000.00 4,545.97 645.65 27,039.75 11. 41 40.16 215.88 1,168.00 1,258.65 76.60 42.68 46.65 106.48 42.57 443.53 ACS FINANCIAL SYSTEM 11/09/2006 10 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CLARK PRODUCTS INC COLUMBIA HEIGHTS RENTAL COLUMBIA HEIGHTS VOLUNTE CONTRACTORS & SURVEYORS COORDINATED BUSINESS SYS CRETEX CONCRETE PRODUCTS DAKOTA COUNTY RECEIVING DAY-TIMERS, INC. DELEGARD TOOL CO. DNR ENTERPRISES DU ALL SERVICE CONTRACTO EBSCO PUBLISHING EGAN OIL COMPANY EHLERS & ASSOCIATES INC EMBROIDERY & MORE EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FLEX COMPENSATION, INC FRATTALONE COMPANIES INC G & K SERVICES GALE GROUP/THE GASB ORDER DEPT GENE'S WATER & SEWER INC GENUINE PARTS/NAPA AUTO GOODIN CO. GREEN LIGHTS RECYCLING GRIFFIN PETROLEUM SERVIC GROUNDS MAINTENANCE SERV H & L MESABI HACH COMPANY HEIGHTS ELECTRIC INC. HEIGL TECHNOLOGIES HOME DEPOT #2802 IDEAL ADVERTISING INC. INDUSTRIAL MACHINERY CO INTEGRATED LOSS CONTROL IPC PRINTING KENNEDY & GRAVEN KLEIN UNDERGROUND LLC LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS MAC QUEEN EQUIPMENT CO. M}\RCO, INC MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F METRO FIRE, INC MIDWAY FORD 119306 119307 119308 119309 119310 119311 119312 119313 119314 119315 119316 119317 119318 119319 119320 119321 119322 119323 119324 119325 119326 119327 119328 119329 119330 119331 119332 119333 119334 119335 119336 119337 119338 119339 119340 119341 119342 119343 119344 119345 119346 119347 119348 119349 119350 119351 119352 189.33 40.67 103,739.00 1,102.29 1,106.24 319.50 63.00 47.06 114.76 1,548.09 9,293.69 3,325.23 16,494.10 8,470.54 158.18 1,765.60 5,150.86 162.75 138,460.89 1,738.08 194.21 26.40 1,566.30 741.77 89.41 565.08 15.93 1,271.25 674.15 160.92 252.89 55.00 537.87 390.00 81.81 352.00 437.60 5,526.25 1,750.98 11,903.00 41,003.50 1,195.81 106.00 450.00 575.51 296.46 480.94 ACS FINANCIAL SYSTEM 11/09/2006 10 BANK VENDOR Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT MIDWEST ASPHALT CO. MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MN SECRETARY OF STATE MN SPRING & SUSPENSION NAGELL APPRAISAL, INC NATIONAL WATERWORKS, INC NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER ORKIN PC SOLUTIONS PEPSI-COLA-7 UP PERFORMANCE OFFICE PAPER PETE'S WATER & SEWER INC PROSOURCE TECHNOLOGIES I QUICKSILVER EXPRESS COUR RANDOM HOUSE, INC RICOH BUSINESS SYSTEMS ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SHORT ELLIOT HENDRICKSON STAPLES BUSINESS ADVANTA STAR TRIBUNE STOFFEL SEALS CORPORATIO SUN PUBLICATION TASER INTERNATIONAL TERMINAL SUPPLY CO, INC THE CLEAN TEAM TOTAL DIAGNOSTIC SALES I TRANS-ALARM INC TRUGREEN CHEMLAWN TWIN CITIES TRANSPORT & VERIZON WIRELESS VIKING ELECTRIC SUPPLY VIKING SEWER & DRAIN SER VOSS LIGHTING WELLS FARGO BANK WERNER ELECTRIC SUPPLY C WW GRAINGER,INC XCEL ENERGY (N S P) ZARNOTH BRUSH WORKS, INC ZIEGLER INC 119353 119354 119355 119356 119357 119358 119359 119360 119361 119362 119363 119364 119365 119366 119367 119368 119369 119370 119371 119372 119373 119374 119375 119376 119377 119378 119379 119380 119381 119382 119383 119384 119385 119386 119387 119388 119389 119390 119391 119392 119393 119394 119395 119396 119397 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 7 AMOUNT 7,180.50 11.89 116.43 125.00 131.00 900.00 642.65 984.00 627.64 406.44 407.25 62.82 540.00 439.50 441.29 2,970.00 14,790.82 48.65 303.30 378.74 2,440.59 45.00 279.45 1,909.16 713 .02 39.12 415.35 246.43 225.00 17.86 95.00 143.00 504.44 97.58 266.14 61.00 492.79 262.50 43.45 8,386.91 17.43 513.21 71.60 333.13 128.36 2,032,360.42 *** ACS FINANCIAL SYSTEM 11/09/2006 10 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 8 Check History 11/13/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 2,032,360.42 RECORDS PRINTED - 001241 ACS FINANCIAL SYSTEM 11/09/2006 10:34:33 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 202 212 226 240 250 261 265 376 415 418 420 481 601 602 603 604 609 651 652 701 720 881 883 884 885 886 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND ANOKA COUNTY CDBG STATE AID MAINTENANCE SPECIAL PROJECT REVENUE LIBRARY COL HGHTS AFTER SCHOOL ENRI TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP TAX INCREMENT BONDS CAPITAL IMPRVMT - PIR PROJ COMMUNITY CTR CAPITAL BLDG CAP IMPROVEMENT-DEVELOPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE PAYROLL FUND INVESTMENT FUND FLEX BENEFIT FUND 207,010.25 3,722.69 64,000.00 339.35 35,000.00 11,437.39 36.00 720.52 346.27 1,750.00 163,945.29 5,791.16 64,656.24 1,254.56 4,769.21 7,381.54 89,370.49 236.59 360,281.26 2,133.20 883.12 36,810.97 1,268.82 236.40 45.00 42,003.50 253,161.02 660,000.00 13,769.58 2,032,360.42 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 2,032,360.42 2,032,360.42 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 13,2006 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL NO: ITEM: 2nd Reading: Ordinance 1515, Zoning Amendment to the Zoning Code as it Relates to the GB, General Business District and Auto Lots. BY: Jeff Sargent, City Planner DATE: November 9, 2006 BY: BACKGROUND The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB), subject to certain conditions. The most notable change would be the requirement for newly created used car lots to display the vehicles in an enclosed building. The following changes would be made to the GB, General Business District. GB, General Business . New car dealerships as stand-alone businesses would be allowed with up to 30% of the vehicles sold on a new car lot being used vehicles. . Used car dealerships as stand-alone businesses would be allowed, as long as they are located in an enclosed building. RECOMMENDATION: The City Council reviewed the first reading of this proposed Ordinance, which included the addition of a second GB zoning District, called GB-A, General Business - Automotive. The Council recommended that the GB-A District not be included in the proposed zoning amendment. At this time, staff recommends the outlined changes to the GB, General Business District only. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1515, being ample copies available to the public. Move to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Attachments: Ordinance No. 1515 (2nd Reading), P+ Z Memo COUNCIL ACTION: ORDINANCE NO. 1515 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. AUTO AND TRUCK SALES LOT, USED: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. AUTOMOBILE, USED: Any secondhand, previously owned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.107 (C)(6) of the Columbia Heights City Code, which currently reads to wit: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (6). Automobile Sales/Rental. (a) The use shall be served by a major collector or higher classification or roadway. (b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) Outdoor vehicle display areas within the public right-of-way are prohibited. (d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. (e) Outdoor vehicle display shall be within a designated area that is hard- surfaced. (f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. U) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (6). Automobile Sales/Rental, New. (a) The use shall be served by a major collector or higher classification or roadway. (b) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area for a new car dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off- street parking spaces needed for the public and employees. (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right-of-way are prohibited. (e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. (f) Outdoor vehicle display shall be within a designated area that is hard- surfaced. (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. (j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, IS thereby amended to include the following insertion at Section 9.107 (C) (7): ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used car lot as a stand-alone business is prohibited. c) Used cars may be sold as a stand-alone business if the business IS contained within a building. d) Used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. f) Outdoor vehicle display areas within the public right-of-way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. h) Outdoor vehicle display shall be within a designated area that is hard- surfaced. i) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. 1) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the. use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. **NOTE** The existing subdivision ~ 9.107 (C) (7) and all other subsequent subdivisions: ~ 9.107 (C) (8-42) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, which currently reads to wit: ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.1 04, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f) Hospital. (g) Outdoor sales or display. (h) Outdoor storage. (i) Parking Ramp. G) Assembly, manufacturing and/or processing. (k) Printing and/or publishing. (1) Consignment/Secondhand store. (m)Club or lodge. (n) Currency exchange. (0) Pawnshop. (p) Drop-in facility. Is thereby amended to read as follows: ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new. (d) Automobile sales, used (in building). (e) Recreational vehicle sales, new. (f) Recreational vehicle sales, used (in building). (g) Firearms dealer/Shooting range. (h) Hospital. (i) Outdoor sales or display. G) Outdoor storage. (k) Parking Ramp. (1) Assembly, manufacturing and/or processing. (m)Printing and/or publishing. (n) Consignment/Secondhand store. (0) Club or lodge. (p) Currency exchange. (q) Pawnshop. (r) Drop-in facility. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary DRAFT ORDINANCE NO. 1515 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions: ~ 9.103 Definitions. Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or truck. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Spec(fic Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales/Rental, New. (a) The use shall be served by a major collector or higher classification or roadway. (b) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area for a new car dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. fl3j( c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (ej(d) Outdoor vehicle display areas within the public right-of-way are prohibited. tet( e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. ~(f) Outdoor vehicle display shall be within a designated area that is hard-surfaced. Ef)(g)Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. Egj(h) Music or amplified sounds shall not be audible from adjacent residential properties. W(i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. W(D An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Ej1(k)Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (7) Automobile SaleslRental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used car lot as a stand-alone business is prohibited. c) Used cars may be sold as a stand-alone business if the business is contained within a building. d) Used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. f) Outdoor vehicle display areas within the public right-of-way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. h) Outdoor vehicle display shall be within a designated area that is hard- surfaced. i) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. I) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. **NOTE** The subsequent subdivisions: ~ 9.107 (C) (7-42) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in 9 9.1 04, Administration and Enforcement, and the regulations for specific uses set forth in 9 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Automobile sales, used (in building). EG1( e) Recreational vehicle sales, new or used. (f) Recreational vehicle sales, used (in building). Eej(g) Firearms dealer/Shooting range. tf)(h) Hospital. Egj(i) Outdoor sales or display. Eh)(j) Outdoor storage. fij(k) Parking Ramp. ffi(l) Assembly, manufacturing and/or processing. W(m) Printing and/or publishing. fl1(n) Consignment/Secondhand store. ~(o) Club or lodge. W(p) Currency exchange. (e1( q) Pawnshop. @)(r) Drop-in facility. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2006 ,2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1001 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Auto Lots in the General Business District PREPARED BY: Jeff Sargent, City Planner BACKGROUND: The City Council has expressed concerns regarding the sale of vehicles, particularly used cars along the Central Avenue. In response to this concern, the Council implemented a moratorium on used car lots and directed City Staff to study the situation and offer a viable solution to the problem. On February 14, 2006, the Auto Lot Moratorium expired, and the City Council adopted an ordinance requiring a Conditional Use Permit for all new auto sales lots within the GB, General Business District. Subsequently, the City Council directed staff to further refine the ordinance, placing restrictions on used car lots in the City. City Staff has prepared a proposed amendment to the zoning ordinance to respond to the Council's directive. The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The amendment would also rezone the General Business properties along University Avenue to General Business Automotive (GB-A). The following would be permitted in each outlined District through the Conditional Use Permit process: GB, General Business . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). . Used car dealerships as stand-alone businesses, as long as they are located in an enclosed building. City of Columbia Heights Planning Commission Text Amendment, Auto Lots October 3, 2006 Case # 2006-1001 GB-A, General Business - Automotive . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). . Used car dealerships as stand-alone businesses. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment would rezone all the parcels along University Avenue that are currently zoned GB, General Business, to GB-A, General Business - Automotive. The rezoning will establish a new zoning district that would allow for the stand-alone business sale of new and/or used vehicles, with all other aspects of the current zoning classification remaining the same. For this reason, the Comprehensive Plan would not be altered, and the proposed zoning amendment would be consistent to the Comprehensive Plan. FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The amendment is consistent with the Comprehensive Plan because the proposed code amendment only changes auto lot sales from a permitted to a conditional use. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the sale of new and used cars with a Conditional Use Permit. The proposed amendment also adds certain conditions for approval to improve the aesthetic appearance of the lots, benefiting the public at large. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning amendment does not change the use currently permitted, but changes auto sales from a permitted to conditional use. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in Page 2 City of Columbia Heights Planning Commission Text Amendment, Auto Lots October 3, 2006 Case # 2006-1001 the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Prior to this proposed amendment, auto sales were a permitted use In the GB, General Business District. Consequently, business owners specializing in auto sales established used auto lots in areas of the City that detracted from the aesthetic values of the City. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the establishment of used car lots throughout the City and would require a Conditional Use Permit for all new and used car lots. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance . Amended zoning map Page 3 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 13,2006 AGENDA SECTION PUBLIC HEARINGS NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROY AL ITEM: Approval of a Comprehensive Plan Amendment, 1 st Reading: Ordinance 1519 for the Rezoning of Property , and a Preliminary lat for 2 01 - 37th Avenue BACKGROUND: At this time, Pratt Ordway, LLC is requesting a Comprehensive Plan Amendment to reguide a portion of the subject property from Commercial to High Density Residential, a Zoning Amendment to rezone a portion of the subject property from GB, General Business to R-3, Limited Multiple Family Residential, and a Preliminary Plat approval. BY: Jeff Sargent, City Planner DA TE: November 9, 2006 k BY: The Comprehensive Plan guides the property at 21 01 - 3 7U1 Avenue "Commercial". Consequently, the proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason, the applicant is requesting a Comprehensive Plan Amendment to reguide the northern parcel from "Commercial" to "High Density Residential". It should be noted that the parcel just north of the subject property is also guided towards High Density Residential in the Comprehensive Plan. The property at 2101 - 37'h A venue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant would like to rezone the northern 2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The applicant is proposing the split the subject property located at 210 I - 3 7'h Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living facility to be constructed and managed by Comforts of Home. The southern parcel will be constructed as a commercial pad, and could possibly be the future site of a municipal liquor store. RECOMMENDATION: The Planning Commission held a public hearing on November 8, 2006, and recommended approval of the Comprehensive Plan Amendment, Rezoning, and Preliminary plat with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-241, there being ample copies available to the public. Move to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to reguide a specific area of land from GB, General Business to R-3, Limited Multiple Family Residential, for the property located at 21 01 - 37th A venue. Move to waive the reading of Ordinance No. 1519, being ample copies available to the public. Move to set the second reading of Ordinance No. 1519 for Monday, November 27,2006 at approximately 7:00 p.m. in the City Council Chambers. Move to waive the reading of Resolution 2006-242, there being ample copies available to the public. Move to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15 stated conditions as approved by the Planning Commission. Attachments: Draft Res. 2006-241, Draft Ord. 1519, Draft Res. 2006-242. P+Z Report. Application materials. COUNCIL ACTION: RESOLUTION 2006-241 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 2101 - 37TH AVENUE NE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject property in the Comprehensive Plan does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, the proposed development is consistent with the description of the High Density Residential District; and WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units plus per acre, with higher densities in locations with convenient access to transportation corridors and the proposed development consists of congregate housing, in which the zoning code allows the proposed 23 units per acre; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, using High Density Residential zoning, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Commercial to High Density Residential. Passed this _ day of Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Attest: Patricia Muscovitz, Deputy City Clerk ORDINANCE 1519 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 2101 - 37TH AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the proposed development is compatible with the proposed R-3, Limited Multiple Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk RESOLUTION NO. 2006-242 RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101 37th Avenue NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: TBA THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on November 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed preliminary plat conforms to the requirements of 99.114. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Plat should identify the name of the proposed development. 3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. 4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 5. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts, provide a concrete cross gutter. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 8. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 9. All restoration of turf areas in the Public Right -of- Way (RO W) shall be by four (4) inches of topsoil! sodding. 10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 11. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 12. Disconnect any existing utility service stubs in accordance with Public Works requirements. 13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 14. At final plan submittal, the developer must provide plan/profile sheets for the utilities. 15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for surface water management. Passed this _ day of November 2006 Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1104 DATE: November 8, 2006 TO: Columbia Heights Planning Commission APPLICANT: Pratt Ordway, LLC LOCATION: 2101 - 3ih Avenue REQUEST: Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat Approval. PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Pratt Ordway, LLC is requesting three (3) approvals in association with the construction of a senior assisted living facility. They are as follows: 1. A Comprehensive Plan Amendment to reguide a portion of the subject property from Commercial to High Density Residential. 2. A Zoning Amendment to rezone a portion of the subject property from GB. General Business to R-3, Limited Multiple Family Residential. 3. A Preliminary Plat approval. The project in its entirety will require the following approvals: A Comprehensive Plan Amendment, a Zoning Amendment, a Preliminary Plat, a Final Plat, a Site Plan Approval, and a Conditional Use Permit. It is intended that the applicant will apply for all of these within a 60 to gO-day time period. The applicant is proposing the split the subject property located at 21 01 - 3ih Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living facility to be constructed and managed by Comforts of Home. Comforts of Home is an established company and currently operates assisted living communities in Hugo and Blaine, and nine (g) communities in Wisconsin. There are also communities in White Bear Lake, Cottage Grove, Forest Lake, North Branch, Lino Lakes and Maplewood in development. Comforts of Home provides various types of senior housing and levels of care to its customers, but will focus on an assisted living facility in Columbia Heights. City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal November 8, 2006 Case # 2006-1104 The proposed Comforts of Home building will incorporate a Montessori school as well. The school will be run independently from the assisted living facility, and will be located on the north end of the building. The southern parcel will be approximately one (1) acre in size. This property will be a commercial pad and possibly the location of a new City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides the property at 2101 - 3ih Avenue "Commercial". Consequently, the proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason, the applicant is requesting a Comprehensive Plan Amendment to reguide the northern parcel from "Commercial" to "High Density Residential". It should be noted that the parcel just north of the subject property is also guided towards High Density Residential in the Comprehensive Plan. Zoning Ordinance The property at 2101 - 3ih Avenue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant would like to rezone the northern 2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land area for every one (1) unit for a congregate living facility. The proposed assisted living facility will have 58 units, requiring a minimum of 23,200 square feet of land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. FINDINGS OF FACT Zoning Amendment Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment will rezone a portion of the subject property from GB, General Business, to R-3, Limited Multiple Family Residential. The applicant is concurrently requesting a Comprehensive Plan Amendment, which would make the Page 2 City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal November 8, 2006 Case # 2006-1104 proposed zoning amendment consistent with the new Comprehensive Plan designation of High Density Residential. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment would rezone a parcel of land for the proposed use of a senior assisted living facility. This type of use would be a benefit to the general public. The Comprehensive Plan indicates a housing goal of life-cycle housing available to the public. It also encourages the City to ensure that the community's elderly residents and residents with special needs have safe, sanitary and affordable housing. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning classification of the parcel in question is R-3, Limited Multiple Family Residential. This is consistent with the existing zoning of the parcel abutting the subject property to the north. For this reason, the proposed zoning classification would be compatible with the existing zoning of the property in the general area. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The use of this property has been as a movie theater since 1971, when it was built. In 2004, the theater closed as a result of a declining competitiveness of this location as a theater site. Consequently, while the market for movie theaters has declined, the demand for senior assisted living housing has grown. Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of 99.114. The preliminary plat has been reviewed by the City Engineer in regards to the proposed grading and drainage of the property, all utilities, as well as the storm water management on site. The landscape plan and lighting plan will be reviewed at the time of the Final Plat for the project. Page 3 City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal November 8, 2006 Case # 2006-1104 2. The proposed subdivision is consistent with the Comprehensive Plan. Once the Comprehensive Plan is amended to guide the northern parcel as High Density Residential, the proposed subdivision will be consistent with the Comprehensive Plan. The southern parcel remains guided as "Commercial". 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Kevin Hansen, City Engineer, has received and reviewed all engineering plans for the preliminary plat application. He has indicated that the site is located within the Rice Creek Watershed District, and would need to be reviewed by that body prior to the City approving the Final Plat. Mr. Hansen also encourages the use of rain gardens to help with the treatment of surface waters for the site. The applicant has agreed to look into this possibility. Because this site has been previously built on, all other sanitary services for the property are in placed and sized correctly for the proposed project. Conclusion The final plat needs to reflect any site plan changes resulting from the comments above. Assuming those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will need to be modified a bit between the time the preliminary plat is approved and the final plat is submitted for approval. Recommendation Motion: That the Planning Commission recommend that the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Plat should identify the name of the proposed development. 3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. 4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 5. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts, provide a concrete cross gutter. Page 4 City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal November 8, 2006 Case # 2006-1104 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 8. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 9. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 1 G.AII work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 11. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 12. Disconnect any existing utility service stubs in accordance with Public Works requirements. 13.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade. 14. At final plan submittal, the developer must provide plan/profile sheets for the utilities. 15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for surface water management. Motion: That the Planning Commission recommend that the City Council approve the Comprehensive Plan Amendment to change the guidance of the land from "Commercial" to "High Density Residential". Motion: That the Planning Commission recommend that the City Council approve the rezoning of the northern property from GB, General Business, to R-3, Limited Multiple Family Residential based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The approval of the rezoning of the property is contingent on the Metropolitan Council's approval of the Comprehensive Plan Amendment. Page 5 City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal November 8, 2006 Case # 2006-1104 Attachments . Location Map . Preliminary Plat . Site Plans . Draft Comprehensive Plan Amendment Resolution . Draft Rezoning Ordinance . Draft Preliminary Plat Resolution Page 6 2101 37th Avenue ~ / 4217 ;/ 4216 / / 4211 j! 42"'";. ~ ~ I 4203 ;,0635 I 420i / $'/! #815 1825/ /'903 I ~I ~ ~41587 / 4169 ~~ /l /:,If ;'~O~ 41~;i 4161 ~f'J~ ~ / 4151 II / / 4157 II 4158 / 4157 en ~ 4144 II 4148 II 4150 ;:; f--- / 4141 II 4140 /~147 ;;; 4144 / 4149 4140 / II / / / 4137 4134 4133 II 4130 4133 4134 / 4128 / 4133 4128 4129 j! 4126 / / / 4127 4120~/ 4127 4120 107 II 4112 / / 41;;'9 /~ / 00 00 -::r: I rYl!-& 1 /'619 ft/,1 t j1?2Y / j' 0 ". 0 & I @ ~ ~I ~ 1600 l" ~0 <'J :" ~ _ "sO'> ~85 J>,9 U',96'0' / 3979 ~ ">j0> "'" 3975 ~..><..? \ 3971 .1 ......96'> 3961 3963 ~J>.9sn:96'J> 3949 3947 ..,.. 3941 \1'..> 3945 3936 L 3937 ,,;r:J'<.J 3941 3932 U 3933 '-- 3930 - 8 ~ 3856 L-- 3850 - 3844 - 3838 - 3820 - 3818 - 3816 3812 I---- 3808 ~ ~ 3724 - z o 3716 (/) I!j !~ *1 3926 3929 3929 _ _ 3930 f--- 3920 3925 f--- >: 3919 3918 3919 3916 5 ~ ~)-:.~..,'l-~B17~ 3911 ~()'b I 390;>"'-- 3908 ~1~1~1~IRl ;31;3~ 1!~1~!~!(Jl W 10 3900, ~ I~ ~ ~ o 0 ~ 00 3845 3839 m3825 I 3819l 3815 3813 3820 3842 3836 ~ 3812 3810 I 3808 3804 3800 3807 3801 3723 3719 3715 3707 ~ 11621 3728 3722 3716 3712 11:1 ~ 00 m m m ~ w w m m ~ ~ N W~~E ~ S ~ N (0 <!.I (D (D ~ ~ ~ ~ 4042 ~ ~ ~~ I--- 4028 - 4020 ~~ 00 ~ o 3988 40TH RiR 3985 ~ 00 ~ ~ 0 00 3979 0 3973 ~ 3967 3955 3947 ~9 933 3946 3940 3934 3928 ~I~ w w o ~ o m 3974 3970 3964 3958 3948 3944 3938 3934 15l! w o '0 ~ 00 395 Ol~ 3952 3922 3927 3923 3917 I ~:;; & I~ ~!~:-- 3916 3850 39TH f-_38'."J ~I~ N w e; ~ tr;-3B451f>.l O'l'::" 0 OJ f>.l 3841 3843 3825 3817 3813 3807 I--- 3801 '--- HART LAKE 3719 -. ~ 3703 >- <{ ~ ~ 1: 0 g 37191 1725 r-- 4217 I--- 4213 I--- 4201 AVE 4147 4156 f--- 4143~ ~ 4146 4139 i.....-- 4128 4135 4129 4126 ~4116 4117- _4110 2001 2019 AVE o ~ w 2010 ~ 4045 4040 4039 4034 4033 4028 4;;;;;- 4020 4017 4014 4009 4008 4001 4000 ~ t)~ 3966 3971 f--- r-- 3960 3965 !--- ~3952 3953 3947 , Location Map ~ o o ~ 4217 r--- a:: 4208 4215 4201 - 4200 Z !--- 0 4158 ~ -- f- Ii 4146 (f) 4141 II" 4137 /L 4132 f I 4205 4151 4163 4151 4141 4131 4122 - 4121 SILVER LAKE 4119 4114 - 4109 4iOB 177...;- on..} 4101 ~ V 100 L / ~ >- W ....J Z tJ >::: ~ ~~ y~ I .-filii!' S" 4088 -....I 2106 ~ ,O~ 4035 ,'1- 4029 4025 ",::,I) o:v -r--\ <5' 4023 4022 \ I;' ....J 4021 4015 4015 a.._ Z 4017 4007 4008 ~ 4009 -,- 4001 4000 Z 2201 W ro ~t/j ~ ~ lj? ~ ~ $> ~ i;' ~J.... $:J1t5 t;) 4053 ".." ;,ST. 4040 / 42ft ~ I ~ 4020 -.;;;;; w / 4011 4010 (/)- -<:- w 4011 J/1655 ~ I ~ 14000 ~~ <Z I ~ o ~ W N N o N N 3948 3942 3839 , " ~ o ............ ~ o ~ , o o w o o o o w o 3836 3826 3816 3806 3745 OtP;SV.lQS3NNII'\I 'SlHEH3H SI'v'NOV^ DOt 3JJns 'Q^19 3){"91 M011lM OOgt S'"d I^IO 1-4 ..LL ~d 0' ~~ "2 . ~~ ~~ ~ \ ~..., ~ ~JO~S8<lIJO~ lI\IlJ8/lW1J11l1Ul6u3Iel.lDtll~/OJdPflu<<lQ ~1'llll!""I~PUIl"'~pa,!P N.u.lllP\lllKlllUlAqIlIlJl'dIlJdIll'MuodAJ.IIl .lIOItII:lljOG!ff'tl\?jdl:l'llll'llltmJe:>,(qa>>tjI '-- OJ SNOIJJONO::) ')NLlSIX"d ,u<>.,..jU'J"':>tJ!'StJ:>r,"'J~dwn'r'"'M.,", ClHc I~' {;" IL""j_OrgO'66!:'?QI1'. ''[(0'1 "'~IL ",IOH lM'uD"pnW.pIlO>lII:>N.O 1177 ">""'IJ -",oCmoS p"'l-.m""""d ~fll]mt) ~ ~ ff l;! " 15 ~ ....; ....; ! , , u I ! ! ! ~ , ! ! a I V.l.()<;"JNNIIIl '9J.I 1')1:.11.1 V1QW!T10:J S'_lNdl~d^O;jJV<1 dJJ<;' d\^JO~ dO S'-L~Od\^JO:) 0, :i..,,~,gl.OOS oo'oor; -""j '\ '" -~ ;? c, 'n .~ 'c 2 G, ,~ -1 'D " >- "; -If"') ,0 UV~) OGR9t-' (SY,ilf) lS'S9if-7 >no) - 3)1 ;rr'S8Fl-U SI,ZC.St:-i \\1'-\\''\ ~ t.: ~ ~l ~ " " " " ~. :::> ~ ~~ ~ II- ~ ~~ ~ .....031:) ~o~ :O-"':t-.: tClI~ ~" ~_/:;> ~~ ,"l~;:] ':;~~ -1 ., J... ~~ ~'" <= ..... i:i:I:: &;~ I I i g ~ ~ 8 ; ! . ~ 1 ! , ~ , . ~ i , ~ I i ~ i ! , I i , REMOVAL NOTES: CONTRACTOR TO VERIFY THE lOCATION AND REMOVAL OF /\l.l UTilITIES All PUBLIC AND PRNATE UTIUTIES SttOWN ON THIS Pl..ANARE P,PPRQKlMATE IN LOCATlON AND DEPTH NfO SI1AU. BE VERifiED BY THE CONTRACTOR OTHER UTlLITlES MAY EXIST AND IT SHAlL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OaT A1N THE LOCATIONS OF SUCH. AU EXISTiNG PARKiNG LOT LIGHTS SHALl. BE REMOVED_ THE LOCATION OF ELECrRICAl SERVICE TO THE LIGHTS IS UNKNOWN. MY REMOVAL OF WATERMAlN SW\llINCtUoe THE REMOVAL OF AlL WATERMAIN APPURTENENC;::;S INCLUOlNG PIPE. GATE vtAVE5, HYORAKrS, FITTINGS. ETe ANY REMOVAl. OF SANITARY SEWERANO STORM SEWER SHAllINClUOE T}lE REMOVAl OF All PIPE. MANHOU::S. Ere REMOVAL SHAlt INCLUDE THE OISPOSAl OF AU R(MOVED ITEMS IN ACCOflOANCE V'lITttAPPtlCABlELAWS '~:~D::o'n fix - "~""'"' tNVr24Ul \ \~ \ cG~;c:o EXISTING \ AND REM~~ iHlS POlNT HART LAKE LEGEND: c=I REMOVE BfTUMmOUS PAVEMENT ~ REMOVE CONCRETE X REMOve TREE REMOVE CONCRETE CURB AND GUTTER ~.~ !1f A.L TON . S \ X ~ SAWCUT EXISTlNG CURB AND GUTTER: A.NO REMOVE TO TliIS pOlNr o;s:. ~ ~:~Jo E~~~----;;- AND REMOVE TO ~ iHl$POlNT ~ ~ ~ SAWCUTY BlruMINOUS EDGE ~ aw#~Y;,.A .;/ ..p .1:__ it. ... :'K$.Ol\l E::i~Uri-~ ~~:~;n:7 . ~ I ~ >. 'b, 'O-"VC ~~j;~-~",I ~/a:~::~~ GOPHER STATE ONE CALL SYSTEM 651.454.0002 -Ql;OPVfUOHr;oo.o_f<FYENC"'EUloNC;>NC.;HE:') ....LmCIITSflESEJM::O TJIESEOOCUPolEHTSAA/iMlWl>11!lIIolENTCf'SERVlCESN<DAAETtIE_RTYOf'''''''''''",",VNnTRF,,,,mnR=-n,,,,,,,,,,ft,,,,,nllwIlITTF)<COH..<a<T_ 15 5 ~I N V ._-...: '.4 ~Z;W'~ .~ ~, --- I/t' Mf(PrR PlM) _ 27~_1!O (;>(,u) X)~';~ B1TlJM1N SAWCUTJ . OUSEllGE 37TH AVENUE NORTH EAST 3 9 to SAWCUT BITUMiNOUS EDGE !l /2 ~ if) , ~ ILl ~ <[2 " ex::: 0 ilLI: w . ~o~ )0'" ;:_t'l g~~ ~::>"' ;:~< ooz ~~~ fif . !Hj jE~.!~ .',,"" ~!ii ~ft.: a i ~] Hi~' H'. I ;J ~. -t~r o o 0 -"" ~ ~ fHt If) .L. '" 0)) 1~H 3' ~ ~ ~ N ;; N ~ uJ 2 0 r IL O~ if) 5 Z /-2 :s cL~ lL 200 ..J ~ IL ~ ~ '2 ~ 0 ~o u..J ~3 " l- ~ U J) it<: ~ """'--- W"OIlIU); __ 47!Hlll2 JDH JAR 10.06.06 C1.2 GENERAl NOTES THE CURRENT EDITION Of TtiE MINNESOTA DEPARTMENT OF TRANSPORTATlON"5TANOARO SPECIFICATIONS fOR CONSmUCTlON' GOVERNS EXCEPT AS MODIFlEO BY THE CITY OF COlUMalA HEIGHTS CODES, ORDINANCES. STNiOAROS AND SPEClFICA TlONS. FURN!5H, INSTALL INSPECT. MAINTAIN AND REMOVEAli NECESSARY TRAFFIC CONTROl SlGNAGE All TRAFl'lC CONTROL DEVICES AND SIGNAGE SHAU CONfORM TO ALL lOCAl.., COUNTY AN!) STATE TRAFFIC CONTROl GUlOElINES.INClDENTAt TO PROJECT. THE EXISTING UTIUTY INFORMATION SHOWN ON THESE DRAWINGS IS NOT GllAAANTEEO TO BE. ACCURATE Ol=l ALL INC1.USIVE. CONTACT GOPHER STATE ONE CALl (1l51.o1S4-OOO2) FOR THE LOCATlQN OF All UNDERGROUND WIRES, CAOLES. CONOUITS, PIPES, VALVES. MANHOlES. OR OTHER BURIED STRUCll.JReS BEFORE OlGGING. REPIUR ANY Of' THE ABOVE WHICH ARE REMOVED OR DAMAGED DURING CONSTFUJCTION AT NO COST TO THE OWNER. TtIE EXACT lOCATION OF ALL UTILITIES AND VTlLlTY COfiNECTlONS MUST BE VERifIED PRIOR TO COMMENCING WORK. LOCATE. FJELD VERlF'Y AHD PROTeCT ALL EXISTING unuTIES!\NO TOPOGRAPHIC FEATURES PRIOR TO START OF SITE COkSTRUCTlON. IMMEDlATB-Y NOTIFY TME ENGINEER OF ANf DISCREPANCIES OR VAR1A1lONS FROM THE PlAN. SECURE All NECESSAAY PERMITS AND NOTIfY All UTIUTY COMPANIES WITH UllllTlES ON sm. PRIOR TO THE CONSTRUCTION OF THE PROJECT. AOtfERE TO AllAPPlICA8LElOCAL, STATE. AND/OR FEDERAL LAWS FOR ANY COST INClffiREQ DUE TO 1liE DAMAGE: OF SAlO ulllmES EXlSTlNG SURVEY AND TOPOGRAPHIC INFORMATION PROVIOED BY CORNERSTONE lAND SURVEYlNG INC. l-IUMPl-iREY ENGINEERING INC. IS NOT R"SPONSIDlE FOR TtlEACCUAACY Of INFORMATlON PROVIDED flY OTHERS UTJUTY NOTES CONTRACTOflIS RESPONSIBLE FOR ALL HORlZONTALMD VERTICAl CONTROL ONCE THE AlIGNMENT HAS BEEN ESTAlILlSHED BY -mE SURVEYOR. ADDlTlONAl COSTFQR RESTAAlNG ANOIOR REP\ACING DAMAGED STAKES 1$ THE RESPONSIDIUTY OF TtIE CONTRACTOR. PRQVIOE /IN'( AND All TESTING TO INCLUDE BUT NOT LIMITED TO SOil. COMPACTION TESnNG. WATER MAIN PRESSURE, CONDUCTIVITY AND BACTERIA TESTING. SANITARY SEWERPRESSURE; AND MANDREl 1'ESTJNG, COIiCRETE CURB AND GUTTER 5AMPUNG AND 1'ESTJNG TO OCCUR NO ~ESS mAN EVERY 500' AND AOOrTlONAl. TESTING OEEMEO NECESSARY BY THE cm OR ENGINEEft WITH NO AOOlTlOr-w.. COMPENSAnOf-l A.ll EXCESS MATERIAl. BrruMlNOUS SURFACING. CONCRETE ITEMS. REMOVEO UTILITY ITEMS AnD OTHER UNSUITABlE MATERlA1.S SHAll BECOME THE PROPERTY OF THE: CONTRACTOR AnD SHALL BE DIsPOSED OF OFF THE COHSTRlJCTTON SITE IN ACCORDANCE WITH AU. APPliCABlE lAWS MD REGUlATlONS, UNLESS OTHERWISE SPECIFlEO PROPOSED SPOT ElEVATIONS AND CONTOURS ARE TO PROPOSED FINISHED GAAOE, PAVEMENT OR GUTTER LINE. UNLESS OTtlER'MSE SPECIFIED CARE MUST Be TAKEN DURING AlL CQNSTRUC110NAND EXCAVATION ACTIVITIeS TO PROTECT ALL SURVEY MONUMENTS ANOJQR PROPERrl' CORNERS. REPAIR ANY AND AU DAJMGE TO EXISTING STRUCTURES AND SITE FEATURES oue TO CONSTflUCTION ACTIVITY AU PROPOSED UTIUTY CONSTRUCTION SHAll Be: COMPlETED USING APPROVED MATERIALS. METHOOS Of PlACEMENT MO TESTING AS RECUlRED BY ALL GOVERNING SPECIFICATIONS LOCATE WATER SERVICE CUfW STOPS AT THE PROPERTY UNE UNLESS OTHERWISE SPEClAEO hYDRANTS lOCATED 5' FRDM BACK OF CURB. MAlNTAlN1.!\' OF COVER OVER TOP OF ALl PROPOSED WATER MAIN MEGAlUGS SHAll BE USED ON All WATER MAIN FfT'Tl1iaS CONSTRUCTlOM.l!!\~ s.oHTARf~1'lI'E _Jlft'tsalVlCl!l'lF'!i WIITtR_~ "''''Talsan<o:%Pfl'I! H"fO!tN<TlENm ~~ rSl>>l;\5pyc rlllP.QASlilllZ l'n""T~ ..PlPClA!I!l1l2 .....TERCUllPACERW&Q HART LAKlE ~ ~ '(ll 'b ~ ~ ~ <:; _ i II II II i INS TAU.. lolH 1100 .(J3~ OlAMElER RIM E1EV. 2'14.6 INV REV. 2J9.75 (1'1) lNY illY. 2J9.75 (W) /NV ElEV. 2J9.95 ($E) R-1642 CASTING SORe;> ~x:.:a... I 'z'"'.~p-""'" CONNECT TO EXlSl1N~~ CArtH SASlN 'MlH S' 41' 12~ RCP 12~ RCP Cl.- V 1.0% CL V 0 1.0't !NV. fllV. 239_65 cl $N-o ~~=~Z.~6 ~~:~1Ut--1 NV~1J.!.Lll 7 2.vcP (P,)I PcAJ<) EXES ~''''_<A\ 59'" CONTRACTOR TO ENSURE THAT LAND DISTURBANCE DOES NOT OCCUR OUTSIDE GRADING LIMITS. CONNECT m EXISTlNC; 12~ VCP SERVICE. CONSTRUCT SANITARY t.lANHOU:: It T.C. ELEV. 244.7 INV ElEY. 2J7.02 (N) CONTRACTOR SHALL VERIFY EXISTING SEWER srua ENO LOCATION AND ELEVATION PRIOR TO CONSTRUCTION 37TH AVENUE NORTH EAST ::lCOf'YIlIl;1<Tl!l'J-4HU_nn<OM'f.ll/I<Grw;. rftEll. AtlR=R~~~Il\"" "'f.Sf.POClIME"TSAAf.AJll!';5TllUMi:"TOr'lER'.~NfO.....n"PROPE"TY()f"IEI"1<O""'."llrl1l\lJ$U1QFl(;{)l>JU>"JTHouT""""''''Rlm''COl'<SENl GOPHER STATE ONE CALL SYSTEM 651.454.0002 ,\)) 'i=uJ g<:(L ~ (LO <lL. r: ~ ';0 I-~ 0,,_ ~~~~ Ol-XI- ~~~ill ~~~~ I'.: 1 ~::: ~ ..... "';;: 1iH 2: :l ~.s if) ~ q 5 11 ~i -l c.:::: '0:, c... ~.... ~ ~ ~,~ ;;q~.' Q,0;',~ < _ 0 aJ ,-+- -;- \..;- uJ :2 0 1: iL O~ if) 5 /-:;;; z er::1LI :s ~ > ~O 9 "- iL"- >- ~:2 :;;; f--- ~O ;:j .::1 " I- q:: i U 7i b ~ -~~ 415-002 <mo-WHlTl': JOH J;l<I<Gl\EDilY, JRR ~~ 10.06.06 SHEn"", C2.1 GENERAL NOTES THE CURRENT EDITION OF me MINNESOTA DEPARTMENT OF TRANSPORTATION "STANOARD SPECIFICATIONS FOR CONSTRUCTION"" GOVERNS EXCEPT AS MOOIFlEO BY THE CiTY OF COlUMeIA HEIGHTS CODES. ORDINANCES. STANDARDS ANO SPECIFICATIONS. FURNISH. INSTAlL INSPECT. MAINTAIN AND REMOVE AU NECESSARY TRAFFIC CONTROl SIGNACiE All TRAFFIC CONTROl DEVICES AND SIGNAGE SHAll CONFORM TO All lOCAL COUNTY AND STATE TRAFFIC CONTROL GU10El.INES. INCIDENTAl TO PROJECT. THE EXISTING IITILITY INFORMATION SHOWN ON THESE DRAWINGS IS NOT 0lJARANTEED TOBE ACCURATE OR Al.lINQ.USIVE. CONTACT GOPHER STATE ONE CAlL (65t-454-OO1l2}fOR mE LOCATION OF All UNDERGROl./NO WIRES. CAfllES. CONOU1TS. PIPES. VAl YES. MANHOLES. OR OTIlER BURlED STRUCTURES BEFORE DIGGING. REPAIR ANY OF THE ABOVE WHICH ARE REMOVED OR DAMAGED DURING CONSTRUCTION AT NO COSTTO THE OWNeR. THE EXACT LOCATlON OF All UTILITIES AND UTILITY CONNECTIONS MUST BE VERIfiED PRIOR TO COMMENC....G WORK.. LOCATE. FIELD VERlA' AND PROTECT All EXISTING UTILITIES AND TOPOGRAPffiC fEATURES PRIOR TO START OF SITE CONSTRUCTION. IMMEDlATEl Y OOTIFY mE ENGINEER OF AN'( DISCREPANCIES OR VARIATIONS FROM TIlE PlAN SECURE All NECESSARY PERMITS AND NOTIFY AU UTiliTY COMPANIES WITH UTlllTlES ON srre PRIOR TO THE CONSTRUCTION OF THE PROJECT, ADHERE TO AU APPlICABLE LOCAl. STATE. ANOIOO FEDEAA1. LAWS FORAUY COST INCURRED DUE TO mE OAfMGE OF SAID UTILITIES EXISTmG SURVEY AND TOPOGAAPHIC lNFORMATlONPROVlDED BY CORNERSTONE L.o\NO SURVEYING INC. HUMPHREY ENGINEERING lHC.1S NOT RESPONSIBLE FOR 11iE ACCURACY Of INFORMATION PROVlOED BY OTHERS GRADING NOTES USE OM. Y SUITABLE MATERIAL AS APPROVED BY THE ENGINEER FOR BUIlDING PAD IlHO STREE7 CONSTRUcnort J:!EMOVE UNSUITABLE J\f\lO UNSTA6LE WI 'fi;RIAl.S INCLUDING BUT NOT LIMITED TO TOPSOIl, OFl:CW<lC MATERIAl. J\f\lO DEBRIS FROM THE BUltDlNG PAD AND STREET AREAS. COMPACT THE uPPER J FEET OF EMBANKMENT IN THE STREET TO 100 % Of THE STmDARD PROCTOR DENSITY. COMPACT smEET EMBANKt.llONTS BELOW THE UPPER J FEET MID BUIlOlNG FOUNOATlONS TO NO LESS THAN 95% OF THE STANCARO PROCTOR 0ENSflY. BACKFILL All BELOW GRADE EXCAVATIONS lMMEDIATa Y UPON REMOVAl OF THE UNSUITABlE SOILS. BACKF!Ll EXCAVATIONS ADJACENT TO EXISTING PAVEMENTS PROMPTlYTOAVDlO UNDERMINING OF THE EXISTING PAVEME:NT. SAt. VAGE AND PROVIDE A MINIMUM DEI'Tli OF 4-INCHES OF TOPSOil TO AlL AREAS OlS1URIlED 6'( CONSTRUCTION CONTRACTOR 15 RESPONSIBLE FOR All HORIZONTAl. AND VERTICAl CONTROl ONCE THE ALIGNMENT HAS BEEN ESTABUSHED BY THE 5Ul'lVEYOIt AOOlTlONAl. COST FOR RESTAKING ANClOR REPlACING DAMAGED STAKES IS THE RESPONSIBILITY OF THE CON1'RACTOR. PRovroe: AU SOIl TESTING AT IWERVAI.S NO LESS THAN EVERY 50lY ANDADOITIONAL. TEST1NG OEEMED NECESSARY BY THE CITY OR ENGINEER WITH NO ADDITIONAl COMPENSATION THE SPEClfIEO DENSITY METHOD OF COMPACTION IS REQUIRED FOR All PORTIONS OF PERMANENT CONSTRUCtiON. STANDARD COMPACTIDlIIIS I'lEOU1REO FOR ANY TeM>ORARY CONSTRUCTION. DISPOSE OF AlL EXCESS "'^ TERlAL BITUMINOUS SURfACING. CONCRETE ITEMS. REMOVED UTIUTY ITEMS AND oruER UNSUlTASLE MATERIAlS OfF THE CONSTRUCTION SITE INACCOROANCE WITH All APfIlJCASL.E lAWS ANO REGUlAl1OHS. tmlESS OffiERWlSE SPECIFIED PROPOSED SPOT elEVATIONS AND CONTOURS ARE TO FINISHED GRACE. PAVEMENTStJRFACE: OR CURB FLOW lINE. UNLESS OTlfERWlSE SPECIf1EO NOTIFY THE CITY OF PUBLIC WORKS DEPARTMENT. 4.ll HOURSINADVA./llC1i: OF WORKING 'MTHINTliE~ITY OF INSPECTORS MUST 08SERVE All WORK COMPl.ETED.1NCLUOlNG THE REMOVo'IL OF EXISTING CURS & GUTTEFl. EXCAVATION OF TRENCHES. PlACEMENT OF STORM ORAIti.CONNECTlONS TO EXISTING IJTIlITY LINES. SACKFlLUNG AND i'lEPLACEMBIT OF BITUMINOUS PAVEMENT ANOIOR CONCRETE CURtI AND GtJTT'ER COMPlETE: All PROPOSE:D STREET CONSTRUCTION US1NQAPPROVro MATERIAlS, METHODS OF PLACEMEtfl AND TESTING AS REQUIRED BY All GOVERNING SPECIFICATIONS CARE MUST BE TAKEN DURING CONSTRUCTION AND EXCAVATION TO PROTeCT All SURVEY MONUMENTS A.NPIQR PROPl:RTY IRONS O/llI\NO ADJACENT TO THIS SITE. REPAIR I\lL DAMAGE TO EXISTING FACIlITleS RESULTING FROM CONSTRUCTION ACTIVITIES AT NO COST TOTHE. OWNER PROVIDE A SMOOTH AND THOROUGH TRl\NSmON BElWEEN PROPOSED Sfn: GRADES AND DRAINAGE WAYS AND EltISTlNG SURROUNDING SITE GRADES AND DRAINAGE WAYS. RfPRAP SHIIllSE 050" 1r. UNlESS OTHERWISE SPEClflEl) All CURB AND GtflTER SHAll IlE CONCRETE SEE DETAIL WRITTEN DIMENSIONS PREVAIL OVER SCALED DIMENSIONS X VERTICAL CONTOUflINTERVAL N G.V D. VERTICAL OAnmt HART LAKE ~"\ ~~~~~ I ! '\'1 i \""> ! 1'\,1 ,\ .Ii F ~ i \ j \-'1 I 1[1 I II I II r I ,j't I 't' I I IA'/"--,--~---- ~ _ ,L '~"~___------'=.:'~_ / . PROPOSED RETAIL BUILDING 10,400 SF FFE. 248.0 ~..' "'m_' : x 24nx I Z41.1X ~ ..., ,... 4~ CONTRACTOR TO ENSURE THAT LAND DISTURBANCE DOES NOT OCCUR OUTSIDE GRADING LIMITS. 37TH AVENUE NORTH EAST "'COP'f1.lIGHT~OO<I 'IUMPHIlEY E"""'EI;"""" life ("Ell "'-lRll;l<TS Rrt.t:l<VEll. THl'SE llOCUMa<TS""e~ ",sm"..rnTlW SF"""""""""...,,, n.. """"""n"OI'HOMlll...... NllT JH:USttlo"COf'JEO..m<o<"FRIf'lAW"lrreNl;OI<S(lif, GOPHER STATE ONE CALL SYSTEM 651.454.0002 ~ if) $ ~uJ ~ <<: ::2 * rLO I ll- r: ~g~ ;:.-Q ~5~ ~U)<( g~~ ~"'> I' . J! 3 ~ ~ ~ :) ~ ij ~]. ~ i.J).L :; . " ~ J .-[ ., ; --;; j ~ :J Z -; ~ i,O : ~.> uS : -'----..+-- ~ uJ 2: o 1:: lL O~ \f)~ z 1-3 :s ~ > IL ~09 \J gILL Z ~2:::; - !o2 ~~ iUJi i\J ~ -"""- - 001 llUII'DIl 415-002 JOH JRR 10.06.06 C2.2 NEW RCAC FACILITY . ~ . ^\\ I FOR C'~J:~\' I COMFORTS OF HOME Offilorts, SENIOR HOUSING OFH~ 3@1 ----- 0 ~ COLUMBIA HEIGHTS, MINNESOTA GENERAL NOTES l11e CQtlTMCTllIl ""..u. '-CctPT TI1e !'IIO~(:T ~lT1!"ifT e~llin IoU. ~~ISl1NIi CONDITIONS "'''fn.e~ 011 >l!IT Sl'tClI'ICAl.LT HOrfa ON ",e PlIAWlHGli 5t</lLL ee ve~J..teo ~T TI<l! CllNfIll>CfOW: >'Illtlll. TO TIlt CCl;lWl!lIt:tYe!IrOI'A.tn\'lO~ THfCO>ITJlACTOIlStII.U.!tOTi'Ilal%!!O iJ~~~:lo~'i:='~~ :~~T~~fJIsmu.BLT O~liT1oPiAlrLt WlTliOOT t All ">ORI:,"IIOCeDlJllt'.ll,AHO !UirflllAl..-S_LCOWl'uwrrn I.Ll =~L50"C:" ~~A~~S;:&eIlP";1I ~~~~: ~~~ , M.I.CCllliTll1.lCTlrmscweOUl.IIIliAtfOlitc:\.leNCIlfGSIWJ.5e.COOllOlllAfl!D YlI1'>ltll!!OW!ltItPIlIOIlTO~i1NllmO:WORK. CONtul;TllIl!iIlAl.L!lI!l\l!~SIGl.I!Fl}llAU.TlI:olSIlIteIiOVAl.AT IN;ell"~ lilJC>1 TWor ~~SlilVl! ....tlu/<IT!i 0/' TVlSH "'110 lln~li All!! IIOT,ou.""WTtlACCWI:l.ATelJfn,eYl{lllKolJIU,scmONll'elirre. COOTUCTllll1iN.....L~ISllCllNT..1N1!UI'OIIPIlOl'eIISTll!IAOe..1iO Il6KlVAL Of' 'l'UlIH. litCUlltTT, o~elU..l. CtlI<T~ACTOlI: IS IIf5l'()N$l&l.f I'CIlll'llOJl!(;f St!:llllITT. n<<:CllHTAACTtIIIstt.o.U.S!II'eIlVlse.....OOIl\l!CTn<el'llllll<WAfoTO ~~:.~~~r;~'::es;~:sm 1'011 AU. alN!lTRtlCl1llft r.l!1J<l;, I/elllOllS, n<et<VAC_Cllt<TU.CTORWllLlif'll:'liF\'!N!>1I1l.fI'CIll SA<..oJtC1ltG ......, tNSL/IllNG r.lI ep"'Cle~T SnTeIol ""OVUle '>loIIl~t ot.rtl;tlOl'l ~Ht1 FlIlt M.AII!Il 5T5T~ AS ~l!OlllM;llIlT COOl!. . ~g ;;~~~~~:~~~L~t~~~~~ III Sllll!~A~ CONTU.CTll~ '0ll~1l11lATl! WI"" AU. S_1'IAC1'lIJIti AL~ ~l!llUllIellllPt~lHGS. II!lT II<\lICATl!ll !<'I!l!li< THl!5l! COMTlI!.'CTHllllll'lO.lMl!lfT~ 411t'IfOT l/ITl!lIlll!ll117Ill! "-ctIIoII'L!!Te ~l!T OF "'STI!UCTI""'''"''OWTDCOIt5Tll<lCT~IMt.DIllliCllltS''lI\Il:Tllllt~N5,vetHQ05. ~i:.:s~~~~~,;:P~~,.~ AND SlTl! ~en ~Ofli AIll! PROJECT LOCA TlON MAP PROJECT SITE .--:::-::,.~...lml If llb~ ""'" .~_ fZI [2] COWMIIIA BElO:ff'ffl ...._w.!': BUILDING CODE SUMMARY . !lI,I,SEO Uf'{Ill tHE: 2002 lNWlll,l,T!OIl,Il. .sullO""; """EI mow ~C",C 1""'Cll.1TT FClft COMt'OlITS 01" HOMe. COI.JJM6I,1, IlftGIH5,!,IN OCCuPAACT .... OCOII'AnCtl!SIN&\JU..a!NG: 'GllOIl1"'H" llCACAI'T 1ll..DG.1280Ile.6tD~OO'" A,l'TS. 1.\) eFF!C'r.UCT surre51 1. GI!OIll" ',I..)" ~OI!.DTfG~eAr ~ODJ.I ~ ~= ~'l" ~'tic~~Vfl D OCCUFAHCT~P""""flOHS; fTA8t.f)OU.)1 I P"-IlJ:ll1G !.EveL (GROUP 'S-%1 TO "IRST FlOO~ ftl!.5WfNTlI\l APTs. IG~lll.lF '!I-t1 ' I lilt (lIe.OUCl!OFl!Ololtf<l!.~RTAlllf)OU')>IOre'<:'J t Rl!!llOtNTI,l.l. AFf5.IGROlII''!t-21TOl'lllSTl"UllOll&TIGReAT !II.t [GROl.'f' ',1,.>> . If<R. lR~FllD"'21UlPa:$EcnON)0.2-).)exCfI"T10Ntl )Rl!5ID~,I,l,l,pn,IGllDUl''II-nTOFlIlSTf'lAO'''T(;jlJIeWlHGfG/IOUl''~, till!. lIleOUCeD I'l'OM 2 H~. Fel. SEcnON )OU., l!)(Cl!PTJDN II C. A~ces5CllfT II.SSfM15lT AIle:AS AM: IIOT CONSIDeReD SePARATe OCCUP"~Cles U' TIC 1'L00R,I,lleAr.; 150S.F llfI:~IlSSIT,I,llll!302-).) NOre~ o. 11Ie&\JILOmG tSlll!llUlllcl!O TO lllleOUIPPeD n1ll'OLliiHOIJT Wl11t.o.H AUTOYAnC SP~I"IKLe~ST5TN ;peR SfCllOK !Hl)UI II CONSTRIlCTION> A. COHSTIlUl;T1QNTTI"l!S, ITAllL.l! 503 "CHAPTER 61 l PAII~ING l..eVl!L , TYPI:: 1m t ReSltletlTlAUASSll"'M.T AReA$ll'lRS 11. II . rrpe VA, & I'llJllQltIt;I AAeAS' &ASIC Al.lOWAllleo fTA&le 50)1 IFUU.T$PR!N(lERE'll&\JIlDIHGI ~Tl!.llIA5~I:iOW A~~o;~SOl" DA51C,l,t.WW 5'::~~7: I ~~t ~~. JIJleA/FUt ~ ~60~$ lSTOIIT ll,S005-1' 100. 1 H,5005J' ) 5TO~les )S1"OIIlCS 12,00051" :ool!; I )6,000 SP "SUPT. ISTORteS !STORT Il,jOOSJ' Zto. I",ooost'. I. 50FT. ~;~~e5 15TOffT n,oooSP Co ~~lt~All~~UI''Sl' t IlAlHFlOOll. 1i1I0Uf'S'I!':'I"'':I'SFI.'A-~~6S-.FJ : E!~~~~~:Z;~~ . TtlTAlBUIlDL'lliSQUAlll:FOOTAlie IQ,3%251'. IlV51.SI" 16,51051' 15,lQ. u". ~. 41.1155J' [j] PROJECT DIRECTORY: BUIlDING OWNER: CaOOu o! Homo 2340 East Carny FOOd '.] Wlile8earI..al<B.MNSSm Tela: (651401-7009 Fax: (651l407-6422: Contact: Bran Wi'qls ARCHITECT: FIisbiaArttilacts.m 215 N. 2rd S1root. Situ 204 fMIr Pals, Vv'I. 54022 TeE (T1S) 426-4908 Fax:- as 426-5886 Contact: Mark Paschka CMl. ENGINEER: "'- En;rsemg 2211 O'Neil Fbad """"" 'M 54016 Tea: C7'6i 531-0525 "'" (715) 531-<J52O ------ ..---....-... ----....... ---...-.."" Contact: JaS01 Raverty. P.E ~~ j! ~~ ,:l.,~ DRAWING INDEX ""s.....mu S011Tll.EMET S02 AfOfT'EClt.IW.. STE RAN o.::l'" S03 VB" PAFIONG lEV8.. PLAN ED4 tl8"MIJN lB'B... P\..AN 005 \18" OAYCAAE PlAN S06 tI8" SECON) UMl.. R.OOA Pl..AN - &11 W"llflJfl.()(:flPI..AN S08 EXTEROR 8.EVAT1ONS I::Q ... NOTE: CM.. EJGr.eRNG A..ANS BY 0Ti-ERS I I r:n COMFORTS OF HOME ~ SENIoR I..MNG aJI.lJ1olBlA.llIlXlHTS ......,.,.,. TITLE SHEET I I 1 1 ::o..;r_l 'I , , \ I --------- ~ -~ 37 AVENUE NE ~/ '~ 10 OCTOBER 2006 /----1 ,II. ~:~i~:,:.~2;.;;:.~ NORTH @ COMFORTS OF HOME COLUMBIA HEIGHTS SITE PLAN SCALE lu~5()1~ I 1 -, ----- I --------{ I I I I I 1 r------------------------~ , I I ~/J I ~-- l_O~J POWER UNE TOWER ,-.....-..-- ..---......-. .....,.-..-,....... ---..-.... Iii! Il<Z LU Z o > -1 cO Z o tJ) z f- tJ) ~I~ . E-< -u 01l ~I: CI.l:c -IU . e<: p::< COMFDRTS OF HOME PRoFOSED SENIoR LIvING <XlUJMBlA HEIGf!1> """"""'" PHASE ONE "II l!i 'Iii ,',f I/m I ~n~aod JDN I .L1IS A."lIVNIrinIDId ~~ n ~~E~H :{:{~!l:(:( ~~~lH n~;;H n~5n , , , , , , , , -~."- -4 , , ---- -, , ~ : ~1 8 : a~ .~ .~ ~, , , , " , T--1 ]I ~~r1 r S"'Il>.i"''J 5"llliil"q.:i" li'''''lii''l ':;" ")i'l lVl 3'I.g'S'I'1I' ~~ ~~ ~~~ !ii ~i .~ r: g~ .. z o i= <( > 1U ..J 1U 00: o ~i 1-. x~ 1U~ 1=: :::l< 00 <I). -,,; " ~I' . ~ ~~ ~~~!l~11 ~~ ~~31 i il 10 OCTOBER 2.006 I. .:JL:_L_~_'JL:L:Ji II 4IlCIlITIlCT$. I!<IC _ lU"'_lL,~_I_'""",.l4= NORTH CONCEPT DAY CARE FLOOR PLAN COMFORTS OF HOME COLUMBIA fiEIGHTS sell. Le, tlT.5. (@ .----- ..---....-... ----.-- ---...-..- il l1o<~ ~I'" . .... MU w 1111.... lZl'::t MIU . ~ ~< COMfORTS OF HOME ~ SENioR LivING COUJMIlIA HI3KlHllI """"""'" CONCEPT DAY CARE flOOR Pl..AN C6~ft;its - OF-Hcfme' 0"0 ~~~ 6.~CJ~::}I:=H_- __m__ __~_n.: - _ :::=::=j:;::::::-----_l_n_m____ ::::::::::::r=-------ff-m-; - , kJ I . . ( .. ) .. ..... ,.."" ...,.. , . . . '" '. , .. , , ~~" "'" , . , , , ( , . I I. ~__n_m__m:O":::::::::: ~ l i '--r-tc..c=c...._.._ / --r"c=c~~,.cLc='.*c'=I-::::::::::::nl: =--mm--T1. _______mll ~. ,m __~~ -- 1 i, : l I ; -___n_.1-_______m_ .. I ~-T, 'I"" .,,,,,. /;-/-:--:-- .....;;;:.:::.... ,( "\\ II ~ It \\ tr 14,)'-ll)O \\ II \\ 1'1 " ----------J::I------~ 10 OCTOBER 2006 -- ;] II ::It____L::_S.:.. !;I.-oJ :nli_ _ :10: :':':.:'::.,T"':.:...~:'~ .----.....- ..------... ----........ ---..-..... jl ~~ ~I'" . f-< '"'"U <LI ~If-< C/.)':I: '"'"IU . ~ ~< COMFORTS OF HOME - PRoi>ooED SENIoR LMNo 00UlMIlIA IIIlJIJlrnl """"""'" """"'.., CONCEPT GARAGE FUlOR PlAN (@ COMFORTS OF HOME COLUMaIA HErc;HTS seA L e, lJ". 1'-0" C6~~;'ts _OF~ NORTH CONCEPT GARAGE FLOOR PLAN I I I I I I R A,CTIVITY AREA I I I I I I L N ARE PLAN WArnN, ~ r : ~\. ~ ~ ; ':----' ~ !HI IQJ IQj /~ l I '" \ I 'I lAJ II " I l //>-------:; : ~~===:::::::::==::::=~------------------<" 1 I@ @ ,MAili[g]j, @ @ @ @ '@II k__________.'___ _ 1 _ .---~_____________________________~ - ~ =:-5::a~ ~I"'~ !-<~ j _Iu; <zl; ~I!-<: -" eIll J ::I:i _IU~ ..:: ~I<~ COMFORTS OF HOME PRoi'l:mID SENIoR LMNo aJUlMBJA IlIllDBT5 """""""" CONCe'T ...... FLOOR PlAN 10 OCToaER 2006 11 HSEOROOM . 6 UNITS STUDIOS. 11 UNITS TOTAL . 17 l-i'R'I'S'B'I'E 1I"--;-RCIi-"i 'l;---i c-T'i-:---ll'-C _ m",._"."~,~,,,.,,,~,,,,, NORTH CONCEPT MAIN FLOOR PLAN 17 UNITS COMFORTS OF HOME COLUMaIA HEIGHTS seA l.. e: N.T.!\. (@ I ,------ ..---.......-.. ----.-.... ---..-...... 'EI' 'B' ij ,:l..:2 ~I'" . .... """'u ~I~ lZl::z:: """'IU . IX ~< ~oj COMFORlS OF HOME PRoro;w SENIOR LMNa I __~'-.1 ~oJ ~oj Coj COI.lJMIlIo\IIEKml1I """"""'" NORTH CONCEPT SECOND FLOOR PLAN 21 UNITS COMFORTS OF HOME COLUMBIA HEIGHTS g; c A, L e, 1ftl-. \l.()lI 1-BEDROOM = 10 UNITS STUDIOS = n UNITS TOTAL = 21 ~."'.=~'. .~:\ ';::~.:=::~,F_' -;. .'., \ \ Comfbrts - OF-Ho"m~ CONCEPT SECOND FtOOR PlAH 'R' I' S . B' I . E -A-.~ITE- c :r-i-;---IN C :u"-_n..s..lI<_!_......""~U2 (@ ..---......-... ----'...... ---...-"'... il ~~ 'B' IIi-1/v II 'C' " 'C' II Vr'Al' " d -9F irr:b II." Tic I '0 I Vlr-;!,. I ~ ~I: -t) UJ ~I: CZl= _It) . ..: ~< 1;"-;' L~J COMFORlS OF HOME PRorosiID SENIOR LivING CXlUJMIIlAIlI!lUIllS """"""'" ~oj ~o~ ~D~ 1-loROtOSOBOIOE iii .t II C "-1 T -ii c of 'l'. - I N C - ..,...-.........._,-~........~ NORTH CONCEPT THIRD FLOOR PLAN 19 UNITS COMFORTS OF HOME COLUMBIA HEIGHTS HIEDROOM . 11- UNITS STUDIOS. 5 UNITS TOTAL . 19 CONCEPT THIRO Fl.OOR PlAN 10 OCTOBER 2006 (@ CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: Fire ITEM: Adopt Resolution For Revocation BY: Gary Gorman CITY MANAGER APPROV AL BY: NO: NO: 2006-220 (;.e) DATE: November 7, 2006 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Anthony Ajewole regarding rental property at 1081-1083 Polk Circle N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-220, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-220, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Anthony Ajewole regarding rental property at 1081-1083 Polk Circle N.E. COUNCIL ACTION: RESOLUTION 2006-220 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Anthony Ajewole (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1081-1083 Polk Circle N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 12, 2006 of an public hearing to be held on November 13, 2006. 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 September 7, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted four 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 October 12, 2006, inspectors for the City of Colum bia Heights, reinspected the property and noted three 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 November 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three 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. 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: a. Failure to correct RMC violations. The violations are as follows; 1. Shall remove all/any outside storage from the property. 1. Microwave 2. Barstool 3. Garbage 4. Chair 5. Clothing 6. Bicycle tires 7. Door 8. Wood 9. Broken rabbit hutch 11. Shall repair soffit that is falling off. 111. Shall repair fencing around kennel that is falling down. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F801 0 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. day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (p APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: VL/~ Abatement " D) DATE: November 6, 2006 DATE: NO: 2006-221 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Randy Erickson regarding property at 1110 Gould Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-221, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-221, a resolution of the City Council of the City of Columbia Heights declaring the property at 1110 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-221 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Randy Erickson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1110 Gould Avenue N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 13,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 18, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28, 2006, inspection office staff granted the property owner a requested extension of time to correct the violations. 3. That on October 13,2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006 inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Scrape and paint garage. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1110 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Noticc of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1110 Gould Avenue N .E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: tc APPROV AL ITEM: Adopt Resolution For BY: Gary Gonnan BY: Abatement DATE: November 6, 2006 DATE: NO: 2006-222 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Molly Gordon regarding property at 3709 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-222, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-222, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 Polk Street N.R. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-222 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Gordon (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner ofthe real property located at 3709 Polk Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 3,2006 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 September 1, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 3,2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall repair/replace overhead garage door. B. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3709 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3709 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: lo APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: (,7//A Abatement (p~) DATE: November 6, 2006 DATE: NO: 2006-223 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Dawn Chambers regarding property at 3816 Tyler Street N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-223, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-223, a resolution of the City Council of the City of Columbia Heights declaring the property at 3816 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-223 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Dawn Chambers (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3816 Tyler Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certifed mail to the owner of record on September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 24, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall remove any/all dead trees and remove their stumps to below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3816 Tyler Street N .E. is in violation ofthe provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3816 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (0 APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement b.G) DATE: November 6, 2006 DATE: NO: 2006-224 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Joseph Wagner regarding property at 3848 Jackson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-224, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-224, a resolution of the City Council of the City of Columbia Heights declaring the property at 3848 Jackson Street N.E. a nuisance and approving the abatement of violations from the propeliy pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-224 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Joseph Wagner (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3848 Jackson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 9,2006 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 September 6, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove any/all dead trees and remove their stumps to below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3848 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3848 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~ APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:~~ Abatement , b H) DATE: November 6, 2006 DATE: NO: 2006-226 , Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Diane Diederichs regarding property at 4011 5th Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-226, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-226, a resolution of the City Council of the City of Columbia Heights declaring the property at 4011 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-226 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Diane Diederichs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4011 5th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 23,2006 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 September 5, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 2,2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. An extension was granted to October 23,2006. 3. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records 4. That on November 6,2006, inspectors reinspected the property and found that six violations remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install an approved exterior covering on the porch on the rear of the house, currently the porch is covered in plastic and plywood. B. Shall install sod or grass seed or an approved landscaping material on the bare areas in the back yard. C. Shall replace the missing siding corners on the garage. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4011 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4011 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY:l NO: 2006-227 DATE: November 6, 2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Anita Streiff regarding property at 4021 Jefferson Street N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-227, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-227, a resolution of the City Council of the City of Columbia Heights declaring the property at 4021 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-227 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Anita Streiff (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4021 Jefferson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 23,2006 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 September 22, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall cut down all/any scrub growth in the following locations along alley and around fence throughout property. B. Shall remove all/any outside storage from the property. Items include, i. Cardboard ii. Large pieces of clear plastic near the garage and rear fence. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4021 Jefferson Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4021 Jefferson Street N .E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman NO: 2006-229 10 DATE: November 6,2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Luis Chiqui regarding property at 4110 6th Street N .E. for failure to meet the requirements ofthe Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-229, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-229, a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-229 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Luis Chi qui (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4110 6th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 5,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 31, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 5, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall repair garage door. Must also close properly. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4110 6th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice ofthis hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4110 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: NO: 2006-230 G, k) DATE: November 6, 2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Jennie Kowal regarding property at 4138 Quincy Street N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-230, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-230, a resolution of the City Council of the City of Columbia Heights declaring the property at 4138 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-230 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jennie Kowal (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4138 Quincy Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 19,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 13,2006, an extension of time was granted until October 19,2006. 3. That on October 19,2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall remove the dead tree (tree stump) in the back yard to within 2-4 inches below ground level 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4138 Quincy Street N .E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4138 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: G, APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement Co L) DATE: November 6,2006 DATE: NO: 2006-231 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Roy F. Villa regarding property at 4149 ih Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-231, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-231, a resolution of the City Council of the City of Columbia Heights declaring the property at 4149 ih Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-231 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Roy F. Villa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4149 ih Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 5,2006 and November 7, 2006 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 September 1, 2006 an inspection was conducted on the property listed above. Inspectors found eleven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 5, 2006, inspectors re-inspected the property listed above. Inspectors noted that eleven violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that eleven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall cut/remove the long grass/weeds/scrub growth from around the property, Shall remove all scrub growth on alley and in driveway. Shall provide weekly maintenance of the lawn. B. Shall trim the trees in front of the house so that the address numbers can be clearly seen. C. Shall repair all/any damaged windows on the structure. D. Shall seal, stain, paint all bare wood around the basement egress window on the south side of the house E. Shall repair the damaged gutters on the south side of the house. F. Shall remove the fallen tree from the yard. All branches and parts of the fallen tree shall be removed from the yard. Shall have a tree service professional determine if the remaining tree pm1s are alive or dead. Shall have any dead parts of the tree removed. If the tree is to be completely removed, it must be removed 2-4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4149 ill Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4149 ill Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gonnan BY: NO: 2006-232 fo DATE: November 6, 2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Dale S. Mancini regarding property at 4242 Quincy Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-232, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-232, a resolution of the City Council of the City of Columbia Heights declaring the property at 4242 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-232 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Dale Mancini (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4242 Quincy Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 19, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 11,2006, an extension of time was granted until October 19, 2006. 3. That on October 19, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4, That on November 6,2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Repair front concrete steps. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4242 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4242 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~ APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement (PfV) DATE: November 6, 2006 DATE: NO: 2006-233 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Pablo Catano regarding property at 4440 Jefferson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-233, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-233, a resolution of the City Council of the City of Columbia Heights declaring the property at 4440 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-233 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Pablo Catano (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4440 Jefferson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 24, 2006 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 September 15, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 24,2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove any/all dead trees and remove their stumps to below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4440 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and pmiies in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4440 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: NO: 2006-234 0) DATE: November 6,2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Benjamin Flores regarding property at 4605 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-234, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-234, a resolution of the City Council of the City of Columbia Heights declaring the property at 4605 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-234 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Benjamin Flores (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4605 Polk Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 16, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 12, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 16,2006, inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or remove or replace the damaged fence in the front yard. B. Shall remove all/any scrub growth from around the garage and parking pad in the rear. e. Shall paint or stain or seal the bare wood on the service door of the garage. D. Shall remove all/any outside storage from the property. i. CAGE 11. BAGS OF CANS 111. STROLLERS IV. RAKE v. YELLOW BUCKETS VI. GARBAGE CANS VII. MISe GARBAGE Vlll. BAGS NEWSPAPERS IX. SHOES x. BOTTLES Xl. CUPS XII. TV XlII. DRAWER XIV. BUCKETS 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4605 Polk Street N .E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4605 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings Co ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman BY: NO: 2006-235 DATE: November 6,2006 DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Steven D. Krafty regarding property at 4929 6th Street N.E. for failure to meet the requirements ofthe Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-235, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-235, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 6th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-235 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Steven Krafty (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4929 6th Street N .E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 9,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 18, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 31, 2006, inspectors re-inspected the property listed above and found that two violations remained uncorrected. A time extension was granted to the property owner. 3. That on October 9, 2006 inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006, inspectors reinspected the property and found that one violations remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall remove all/any outside storage from the property. i. Roll of fencing 11. Pile of dirt/fill/concrete 111. on north side of the garage 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4929 6th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. CITY COUNCIL LETTER Meeting of November 13,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abmemenl l, ~') 2006-236 BY: Gary Gorman BY: DATE: November 6, 2006 DATE: NO: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Jeanne Jones regarding property at 4935 5th Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-236, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-236, a resolution of the City Council of the City of Columbia Heights declaring the property at 4935 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-236 Resol ution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jeanne Jones (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4935 5th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 13,2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21,2006, an extension of time was granted until September 28,2006. 3. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 4. That on November 6,2006, inspectors reinspected the property and found that six violations remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Remove large brush pile from near alley. B. Remove truek topper from landscaped area. C. Shall remove the boat parked on the landscaped surface (in the yard). 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4935 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4935 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of November 13, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: b APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement ~R) DATE: November 6, 2006 DATE: NO: 2006-237 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Alagumeena Nagappan regarding property at 4949-51 Jackson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-237, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-237, a resolution of the City Council of the City of Columbia Heights declaring the property at 4949- 51 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: RESOLUTION 2006-237 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alagumeena Nagappan (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4949-51 Jackson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 9,2006 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 September 5, 2006 an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted that seven violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the downspout that is hanging off the building. B. Shall repair the stucco that is crumbling on the back of the building and also under the side door on the 4951 side. C. Shall repair or replace all/any broken screens. D. Shall cut and remove all/any long scrub growth/long grass/weeds all around the property. E. Shall remove all/any outside storage from the property. i. PALLETS, 11. SHEETROCK 111. GARBAGE IV. DEBRIS 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4949-51 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4949-51 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER AGENDA SECTION: ITEMS FOR CONSIDERATION NO: ITEM: AUTHORIZATION TO PURCHASE PROPERTY MEETING OF: NOVEMBER 13, 2006 ORIGINATING DEPT: CITY MANAGER LIQUOR APPRO V AL 7 f). C) ,) BY: WILLIAM ELRITE/ BY: LARRY SCOTT DATE: NOVEMBER 7, 2006 In the year 2000 staff approached the City Council with the concept of owning a liquor store on Central Avenue rather than continuing to rent. Since that period of time there have been several discussions with the City Council and several alternatives have been reviewed. On May 22, 2006 the City Council authorized staff to enter into an agreement with Welsh Companies to acquire property on 50th and Central Avenue for the purpose of building a liquor store. At this point Welsh Companies has negotiated proposed purchase agreements for the three properties listed below. Address Price 4940 Central Avenue 4946 Central A venue 4952 Central Avenue $575,000 $275,000 $450,000 Attached is a letter from Bob Lindall of Kelmedy & Graven summarizing the purchase infonnation. Also attached is the latest Pro-forma showing the projections of owning versus renting. It should be noted that the primary benefit of ownership is that eventually we will hold the property free and clear without ongoing rental fees. Had the City purchased a liquor store in 1984 versus renting, the store would now be paid for and we would have an additional $150,000 per year to use tor store maintenance, improvements, and to offset property tax levies. The funding for this project wiU be accomplished by investing $1,145,000 in the Liquor fund retained earnings for the purchase of land and selling bonds in the amount of approximately $2,000,000 to finance the construction of the store. Bond principal and interest will be paid from store revenues previously used for rent and CAM expenses. In summary, over the last 22 years our rent payment has gone to purchase a building for Bradley Investment Group. Over the next 20 years our rent payment will purchase a building for the City of Columbia Heights. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into purchase agreements for the three properties at a total cost of $1,300,000 with funding coming from the Liquor fund and inter-fund loans until the bonds are sold. WE:sms 06110nCouncil Attachments: Lindall Letter of 10/31/06 Pro- forma I COUNCIL ACTION: Kennedy C H ART ERE 0 470 U.S. Bank Plaza 200 South Sixth Streer Minneapolis, MN 55402 (612) 337-930() relephone (612) 337-9310 fax Imp:/ /www.kennedy-graven.colll October 31, 2006 ROBERT J. LINDALL Altomey at Law Direct Dial (612) 337-9219 Real Property Law Specialist Certified by Minnesota State Bar Association Walt Fehst Columbia Heights EDA 590 40th Ave NE Minneapolis, MN 55421-3878 Tom Dunn Welsh Companies 7807 Creekridge Circle Bloomington, MN 55439 Re: Proposed purchase by Columbia Heights Economic Development Authority of properties at 4940 Central A venue, 4946 Central Avenue and 4952 Central Avenue Dear Walt and Tom: Enclosed to each of you are my dratl: purchase agreements tor the above properties, as requested by Tom. The terms are similar tor each except for the following differences: Address 4940 Central 4946 Central 4952 Central Price Relocation Benefits Included in Price $575,000 $275,000 $450,000 $0 $20,000 $20,000 I'm also enclosing a blacklined version so Tom can see the changes r made. Walt, if they are in form acceptable to you, Tom and I have proposed that each be signed by the Seller before being presented to the EDA Board (at a meeting after the election). Tom, I deleted the need to pay earnest money. Please advise if earnest money is essential to the Sellers. As drafted the purchase agreements don't call for proration of taxes payable in the year of closing, as of the closing date. That isn't a problem if closing occurs in 2006, but we may wish for such a provision if closing is delayed. Please let me know if either of you see the need for revisions. ve~, Robeti J. Lindall RJL:rec Enclosure 300664v2 R1L CU05-30 City of Columbia Heights Pro- forma on the Relocation of Top Valu Liquor (Central Ave.) Prepared 23-0ct-06 I A C D 1 Projected Projected Projected 2008 2008 2008 Current Location Owning Owning Sales Liquor, Beer, Wine, Other 3,297,980 3,627,778 4,353,334 Operating Expense Cost of goods sold 2,572,425 2,829,667 3,395,601 Operating Expense 489,168 489,168 489,168 Rent & C.A.M. Expense 159,880 - - Building Maintenance 5,000 5,000 Bond Interest 60,000 60,000 Depreciation/Bond Principal 100,000 100,000 Equipment Depreciation 5,783 5,783 5,783 Total Expense 3,227,256 3,489,618 4,055,552 Net income from operations 70,725 138,160 297,782 Other income 24,460 2,446 2,446 Net Income 95,184 140,606 300,228 2 3 4 5 6 7 8 9 10 11 This Proforma is based on total costs of $3,145,000 with an investment of $1,145,000 from retained earnings and debt service of $2,000,000. The debt will be paid off over 20 years using the amount we are currently paying for rent and cam overhead expenses Based on Based on land & land & building building costs of costs of 3,145,000 3,145,000 and and increased increased sales of sales of 10% 20% Note: Line 7 reflects depreciation/bond principal. On a cash basis of accounting we recognize the principal payment as an expense to the income statement. On an accrual basis of accounting depreciation of the building would be recognized. In this case the estimated depreciation is slightly high. CITY COUNCIL LETTER AGENDA SECTION: NO: ITEMS FOR CONSIDERATION ITEM: A RESOLUTION AWARDING THE SALE OF $4,075,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A .~ ? MEETING OF: NOVEMBER 13,2006 ORIGINATING DEPT: CITY MANAGER CITY MANAGER APPROV AL BY: WILq~~ELRITE " DATE: NOVEMBER 7, 2006 Previously the City Council adopted Ordinance 1514 authorizing the sale of bonds. The second reading of this ordinance was held on October 9, 2006. The sale of these bonds is scheduled for November 13, 2006. The attached resolution authorizes and awards this sale. At the meeting on November 13, 2006, the City Bond Council will distribute a copy of the resolution with the final amounts filled in. The Bond Council will also provide the detailed sales results at the meeting of November 13th. Attached is a draft of the resolution that will be presented for adoption at the meeting. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-238, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-238 being a resolution authorizing the sale of $4,075,000 in General Obligation Improvement Bonds, Series 2006A. WE:sms 06] ]07]Coullci] Attachment: Draft Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS, MINNESOTA SALE OVERVIEW NOVEMBER 13, 2006 Proposed $4,075,000 General Obligation Bonds Series 2006A Purpose: The bond issue consists of several projects, the first three of which are issued under Chapter 429 and the last three of which are Chapter 444: 1. $360,000 in principal to finance the remaining assessments from the Zone 7 A street project originally assessed in 2004. 2. $960,000 in principal for the Zone 7B assessments and the storm sewer and water utility portions of the project. The total project cost was $1,724,858. The City paid cash of$435,500 for its portion of the street costs, $82,830 was received from developer payments and MSA, sanitary sewer paid cash of $51,300 and staff estimates prepayments of 25% of assessments levied this fall which further reduced the financing by $214,271. Net proceeds from the Bonds will be $938,322. $2,070,000 in principal for the Huset Park street and utility costs. The sources of revenue to repay the bonds are assessments from Huset Parkway and storm water, water, and future MSA receipts. The total project cost was $2,852,821. MSA has paid cash of $195,000 to the project, sanitary sewer has paid cash of$97, 723, MSA will pay an additional contribution of $80,000 in 2007. Prepayments of assessments from Schafer Richardson will be slightly higher than $300,000. Staff has made estimates on the future pre-payments from Schafer Richardson, which are dependent upon market conditions. The City will also internally finance $120,000 of project costs which may be paid from one or more sources including future MSA, TIF, or higher than expected assessment receipts at the end of the term of the bonds. 3. $315,000 in proceeds for Zone 1B, 2 and 3 utility costs only. Sanitary sewer will pay cash of$75,000 for its portion of the project. 4. $125,000 for water tower rehab paid by the water utility. 5. $245,000 for water line cleaning paid by the water utility. The first interest payment on the Bonds will be August 1, 2007, and semiannually thereafter on February 1 and August 1. Principal on the Bonds will be due on February 1 in the years 2008 through 2020 with the majority of Funding bonds paid within seven years. Principal maturing February 1, 2014 and thereafter will be subject to prepayment at the discretion of the City on February 1,2013. The Bonds are general obligations of the City and as such are secured by a pledge of the City's full faith, credit, and taxing powers. The Chapter 429 portion of the Bonds will carry a certified tax levy in the resolution, which will annually be written down by storm sewer, water and MSA revenues. All contributions from the storm sewer and water utility portions of the project were increased gradually to allow for other debt to be paid off and new rates to take effect. It is not expected that the City will levy any taxes to support the Bonds, unless other revenue sources are not received in a timely basis. The Bonds will be bank qualified since the City will be issuing less than $10 million in bonds this year. From: To: Date: Subject: "GID - Moody's Investors Service" <epi@moodys.com> <mark@ehlers-inc.com> 11/8/20065:07:14 PM Columbia Heights (City of) MN MOODY'S ASSIGNS A1 RATING TO COLUMBIA HEIGHTS' (MN) $4.1 MilLION GO IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A A1 AFFIRMATION AFFECTS $8.8 MilLION OUTSTANDING GENERAL OBLIGATION DEBT, INCLUDING CURRENT OFFERING Columbia Heights (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Improvement and Utility Revenue Bonds, Series 2006A A 1 Sale Amount $4,075,000 Expected Sale Date 11/20/06 Rating Description General Obligation Unlimited Tax NEW YORK, November 8,2006 -- Moody's Investors Service has assigned an A1 rating to the City of Columbia Heights' (MN) $4.1 million General Obligation Improvement and Utility Revenue Bonds, Series 2006A. Concurrently, Moody's has affirmed the A 1 rating on the city's $4.7 million in general obligation debt outstanding. The bonds are secured by the city's general obligation unlimited tax pledge, and will finance city road improvement projects and water utility system upgrades as well as address deferred maintenance needs. The A 1 rating is based on the city's healthy tax base growth due to management's prudent redevelopment strategies, favorable Twin Cities location, sound financial operations with sufficient reserve levels, and below-average debt levels with rapid principal amortization. MATURE TAX BASE lOCATED NORTH OF MINNEAPOLIS EXPECTED TO CONTINUE REDEVELOPMENT EFFORTS Overall, the Twin Cities economy continues to enjoy solid expansion, driven by a robust professional and business service sector. Education, health care, and hospitality services - all large contributors to the metro area's economy have been performing well, though retail payrolls remain soft. Mirroring national trends, the metro housing market has cooled with an accumulating inventory, though the effects on construction payrolls has been muted as commercial and public building projects have absorbed some of the slack. An important component of the metro area's long term growth potential lies in the convergence of its technology and life science industries with its research institutions, which draws on the metro area's highly educated workforce. Moody's anticipates future tax base growth to remain modest, as Columbia Heights is a mature, fully developed inner-tier suburb north of Minneapolis (GO rated Aa1). The city's average $1.2 billion tax base has increased at a healthy 12.1 % five year average annual rate, which reflects both redevelopment efforts and residential real estate appreciation. The city has been involved in redevelopment projects, purchasing, and rehabilitating existing homes and buildings, largely through successful tax increment districts. The population, presently estimated at 18,520, has decreased 2.1 % from 1990, and has declined from 23,837 as recently as 1970. Wealth indices have fallen relative to state medians, with per capita income at 92.1% in 2000 as compared to 96.7% in 1990, and median family income equal to 89% in 2000 compared to 99.4% in 1990. SOUND FINANCIAL OPERATIONS EVIDENCED BY HEALTHY RESERVES Moody's expects Columbia Heights to maintain sound financial operations due to prudent management, and a historically solid balance sheet, despite several years of declining General Fund balances from 2001 to 2003. After posting a sizeable $717,000 surplus in 2004, the city's General Fund declined $790,000, ending with $3.35 million or a solid 39.8% of revenues. Observing a formal operating fund balance policy of retaining 45% of operating expenditures, the city typically uses fund balance in excess of this level for capital projects. Moody's recognizes that the city benefits from additional liquidity in the form of several capital improvement and equipment funds, which, while normally used for ongoing capital projects and maintenance needs, is available for contingency purposes. At the end of 2005, these combined balances represented $9.6 million of available reserves. The city also receives transfers in from the municipal Liquor Fund, which retained a $4.3 million balance at the end of 2005. Officials expect balanced operations for 2006. Moody's believes future city budgets will benefit strong existing reserve levels, solid financial management, and a significant portion of local revenue derived from local sources (only 23% of the General Fund's 2005 revenues came from intergovernmental sources). FAVORABLE DEBT PROFILE EXPECTED TO CONTINUE At 0.7%, the city's direct debt burden is below average (2.7% overall), yielding a similarly modest $483 direct debt per capita. Additional debt is expected to be correlated to future redevelopment efforts, though the exact timing and amount is undetermined. Given aggressive principal amortization (98.2% retired in ten years), and a significant portion of existing debt service supported from generated tax increment and utility revenues, Moody's expects the city's debt profile will remain favorable. KEY STATISTICS 2000 Population: 18,529 (-2.1 % since 1990) 2005 Full value: $1.2 billion Full value per capita: $69,608 Direct debt burden: 0.7% Overall debt burden: 2.7% Amortization of principal (10 years): 98.2% Fiscal 2005 General Fund balance: $3.3 million (39.8% of General Fund revenues) 2000 Median family income, as % of state: 89% 2000 Per capita income, as % of state: 92.1 % Post-sale general obligation debt outstanding: $8.8 million, including current offering ANAL YSTS: Jeannie C. Iseman, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1653 Copyright 2006, Moody's Investors Service, Inc. and/or its licensors and affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information. Under no circumstances shall MOODY'S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. The credit ratings and financial reporting analysis observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein, and each such user must accordingly make its own study and evaluation of each security and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. MOODY'S hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MOODY'S have, prior to assignment of any rating, agreed to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from $1,500 to $2,400,000. Moody's Corporation (MCO) and its wholly-owned credit rating agency subsidiary, Moody's Investors Service (MIS), also maintain policies and procedures to address the independence of MIS's ratings and rating processes. Information regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than 5%, is posted annually on Moody's website at www.moodys.com under the heading "Shareholder Relations - Corporate Governance - Director and Shareholder Affiliation Policy." Moody's Investors Service pty Limited does not hold an Australian financial services licence under the Corporations Act. This credit rating opinion has been prepared without taking into account any of your objectives, financial situation or needs. You should, before acting on the opinion, consider the appropriateness of the opinion having regard to your own objectives, financial situation and needs. This email has been scanned for all viruses by the MessageLabs Email Security System. Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday, November 13,2006, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which have been received for the purchase of the City's approximately $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A. The City Manager presented a tabulation of the proposals which have been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as follows: After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Background. 1.01. By Ordinance No. (Ordinance), the City Council authorized issuance of general obligation bonds in the maximum principal amount of $4,430,000 in order to finance Zone 7 A 2004 Street Reconstruction Improvements, Zone 7B/IA 2006 Street and Utility Improvements, Huset Parkway Improvements, and Zone IB, 2, 3, water tower and water line cleaning improvements. 1.02. The Zone 7 A 2004 Street Reconstruction Improvements, the Zone 7BIlA 2006 Street and Utility Improvements and Huset Parkway Improvements are referred to collectively as the "Assessable Improvements" and Zone IB, 2, 3, water tower and water line cleaning improvements are referred to as the "Utility System Improvements". 1.03. The City has determined that, within 30 days after publication of the Ordinance, no petition for a referendum on issuance of bonds was received by the City in accordance with the City Charter, and accordingly the City has determined to issue its $ General Obligation Improvement and Utility Revenue Bonds, Series 2006A (Bonds) in order to finance the Assessable Improvements and the Utility System Improvements. 1.04. The proposal of (the "Purchaser") to purchase $ General Obligation Improvement and Utility Revenue Bonds, Series 2006A (the "Bonds") of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: 2 Year of Maturity Interest Rate Year of Maturity Interest Rate 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 True interest cost: 1.05. Purchase Contract. The sum of $ being the amount proposed by the Purchaser in excess of $ shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the City's financial advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475 (the "AcC), in the total principal amount of $ , originally dated December 7, 2006, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 2016 2009 2017 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 $ of the Bonds (the "Improvement Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the Assessable Improvements: 3 Year Amount Year Amount 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 The remaining $ of the Bonds (the "Utility Revenue Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the Utility System Improvements: Year Amount Year Amount 2008 2013 2009 2014 2010 2015 2011 2016 2012 2017 1.07. Optional Redemption. The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City wili notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1, 2007, to the 4 registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. W-hen a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (t) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. 5 (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any 6 purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase prIce. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: No.R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BOND, SERIES 2006A Rate Maturity Date of Original Issue CUSIP February 1,20_ December 7, 2006 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and eXIstmg municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1,2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National 7 Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1,2013, and on any day thereafter to prepay Bonds due on or after February 1,2014. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notifY The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 13,2006 (the "Resolution"), for the purpose of providing money to aid in financing various improvements to the water and sewage disposal system of the City and certain other local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the principal hereof and interest hereon are payable in part from the net revenues of the utility system of the City, in part from special assessments levied against property specially benefited by local improvements, and in part from ad valorem taxes for the City's share of the cost of the improvements, and as set forth in the Resolution to which reference is made for a full statement or rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues, special assessments and taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governnlental charge required to be paid with respect to such transfer or exchange. 8 The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) City Manager (Facsimile) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative 9 The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants III common UNIF GIFT MIN ACT Custodian (Cust ) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act. . . . . . (State) Additional abbreviations may also be used though not in the above list. (The remainder of this page is intentionally left blank.) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a financial institution that is a member ofthe Securities Transfer Agent Medallion Program ("STEMP"), the Stock Exchange Medallion Program ("SEMP"), the 10 New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if Bond is held by joint account.) Please insert social security or other identifYing number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. Approving Legal Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund and Accounts Maintained in the Debt Service Fund. (a) The Bonds are payable from the General Obligation Improvement and Utility Revenue Bonds, Series 2006A Debt Service Fund (the "Debt Service Fund") hereby created. The City will maintain an "Improvements Account" (the "Improvements Account") and a "Sewer and Water Utilities Account" (the "Utilities Account") in the Debt Service Fund. 11 (b) The City Manager will timely deposit in the Improvements Account the special assessments (the "Assessments") and taxes (the "Taxes") levied or to be levied for the Assessable Improvements, which Assessments and Taxes are pledged to that account of the Debt Service Fund. There is also appropriated to the Improvements Account of the Debt Service Fund $ represents a portion of the amount over the minimum purchase price paid by the Purchaser and designated for deposit in the Debt Service Fund in accordance with Section 1.05. If any payment of principal or interest on the Improvement Bonds portion of the Bonds will become due when there is not sufficient money in the Improvements Account of the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments and Taxes when received. (c) The City will create and continue to operate its Water and Sewer Fund to which will be credited all gross revenues of the water and sewer plant and system and out of which will be paid all normal and reasonable expenses of current operations of the water and sewer plant and system. Any balance therein are deemed net revenues and will be transferred, from time to time, to the Utilities Account of Debt Service Fund, hereby created in the Water and Sewer Fund, which account will be used only to pay principal of and interest on Utility Revenue Bonds portion of the Bonds and any other bonds similarly authorized. There will always be retained in the Utilities Account of the Debt Service Fund a sufficient amount to pay principal of and interest on all the Utility Revenue Bonds portion of the Bonds and the City Manager must report any current or anticipated deficiency in the Utilities Account to the City Council. There is appropriated to the Utilities Account of the Debt Service Fund $ , representing a portion of the amount over the minimum purchase price paid by the Purchaser, and designated for deposit in the Debt Service Fund in accordance with Section 1.05. (d) The proceeds of the Bonds, less the appropriations made in paragraphs (b) and ( c), together with any other funds appropriated during the construction of the Assessable Improvements and Utility Improvements (collectively, the "Improvements") will be deposited in an Assessable Improvements subaccount and a Utility Improvements subaccount, respectively, in a separate construction fund to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Projects. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and any balance in the respective subaccounts therein to be deposited in the Improvements Account and the Utilities Account, respectively, of the Debt Service Fund, as the case may be. 4.02. Covenants Regarding Assessable Improvements. It is hereby determined that the Assessable Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Assessable Improvements to be promptly levied so that the first installment will be collectible not later than 2007 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly 12 from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Improvement Bonds portion of the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Assessable Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments and Taxes. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. Covenants Regarding Utility System Improvements. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Utility Revenue portion of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) Maintenance and Operation of System. The City will continue to maintain and efficiently operate the water and sewer plant and system as public utilities and conveniences free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water and sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) Utilities Account to be Maintained as Separate Account. The City will also maintain the Utilities Account of the Debt Service Fund as a separate account in the Water and Sewer Fund and will cause money to be credited thereto from time to time, out of net revenues from the water and sewer plant and system in sums sufficient to pay principal of and interest on the Utility Revenue Bonds portion of the Bonds when due. (c) Books of Records and Accounts Relating to the System. The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water and sewer plant and system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. 13 (d) Persons Handling Revenues and Banks Receiving Deposits. The City Council will cause persons handling revenues of the water and sewer plant and system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water and sewer plant and system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) Insurance. The Council will keep the water and sewer plant and system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) Performance of Duties. The City and each and all of its officers will punctually perform all duties with reference to the water and sewer plant and system as required by law. (g) Pledge to Produce Revenues. The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce, net revenues adequate to pay all principal and interest when due on the Utility Revenue Bonds portion of the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) Payment of Deficiencies, if Any. The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 4.04. Pledge of Taxes. It is determined that at least 20% of the cost of the Assessable Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Improvement Bonds portion of the Bonds, there is levied a direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Improvement Account of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levv (See Exhibit A) 4.05. Certification to Manager of Property Records & Taxation as to Debt Service Fund Amount. (a) It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Bonds portion of the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the Manager of Property 14 Records & Taxation of Anoka County the amount available in the Improvement Account of the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records & Taxation will thereupon reduce the levy collectible during such year by the amount so certified. (b) It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Utility Revenue Bonds portion of the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on such portion of the Bonds and that no tax levy is needed at this time with respect to the Utility Revenue Bonds portion of the Bonds. 4.06. Manager of Property Records & Taxation Certificate as to Registration. The City Manager is directed to file a certified copy of this Resolution with the Manager of Property Records & Taxation of Anoka County and obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager and Finance Director are authorized and directed to certifY that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or pemlit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary 15 to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2006) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) ofthe Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b)(3) ofthe Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 16 Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records ofDTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 17 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Limited Continuing Disclosure. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(I) thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.03. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 18 Section 9. Defeasance. When all Bonds (or all of either the Improvement Bonds or Utility Revenue Bonds portion thereof) have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution (with respect to the Improvement Bonds or Utility Revenue Bonds portion of the Bonds, as the case may be) to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or all of either the Improvement Bonds or Utility Revenue Bonds portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 19 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 20 STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. ) CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting Manager of the City of Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on November 13, 2006 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of General Obligation Improvement and Utility Revenue Bonds, Series 2006A of the City. WITNESS My hand officially as such Manager and the corporate seal of the City this day 2006. City Manager Columbia Heights, Minnesota (SEAL) COUNTY OF ANOKA MANAGER OF PROPERTY RECORDS & TAXATION'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION STATE OF MINNESOTA I, the undersigned Manager of Property Records & Taxation of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Columbia Heights, Minnesota, on November 13, 2006, levying taxes for the payment of $ General Obligation Improvement and Utility Revenue Bonds, Series 2006A, dated as of December 7, 2006, has been filed in my office and said obligations have been registered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _ day of ,2006. Manager of Property Records & Taxation Anoka County, Minnesota (SEAL) Deputy PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA. REMOVE - Resolution No. 2006-232, a resolution of the City Council of the City of Columbia Heights declaring the property at 4242 Quincy Street N.E. a nuisance and approving the abatement of violations ABATEMENT HEARINGS TO BE REMOVED FROM THE AGENDA. REMOVE - Resolution No. 2006-229. a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th Street N.E. a nuisance and approving the abatement of violations REVISED RESOLUTION 2006-223 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Dawn Chambers (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3816 Tyler Street N .E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certifed mail to the owner of record on September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 24, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall remove all areas of scrub growth from around garage and fence. B. Repair chain link fence on rear of property. C. Scrape and paint trim on garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3816 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. REVISED 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3816 Tyler Street N .E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary REVISED RESOLUTION 2006-224 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Joseph Wagner (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3848 Jackson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 9,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 6, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall cut down all/any scrub growth in the following locations; i. Behind the garage, in the alley ii. All around the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3848 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. REVISED 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3848 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary REVISED RESOLUTION 2006-227 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Anita Streiff (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4021 Jefferson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 23,2006 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 September 22, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6,2006, inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes( s) were found to exist, to wit: A. Shall cut down all/any scrub growth in the following locations along alley and around fence throughout property. B. Replace rotted garage fascia boards and paint. C. Repair hard-surfaced parking in rear near garage off the alley. Asphalt is in poor condition. D. Shall remove all/any outside storage from the property. i. Cardboard. ii. Large pieces of clear plastic near the garage and rear fence. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). REVISED CONCLUSIONS OF COUNCIL 1. That the property located at 4021 Jefferson Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4021 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary REVISED RESOLUTION 2006-233 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Pablo Catano (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4440 Jefferson Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 24, 2006 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 September 15, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 24, 2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on November 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair/replace front stairs. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4440 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice.ofthis hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, REVISED or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4440 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary City of Columbia Heights, MN Results of Bond Sale November 13, 2006 $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A Robert W. Baird & Co., Milwaukee, WI 3.7980% 5 "AI" Moody's 3.7980% - 3.8262% Results of Sale Principal Amount Price Coupon Rates Bond Buyers Index Closing Date $4,075,000 $4,113,840.85 4.00% - 4.00% 4.19% December 7, 2006 Accept the bid proposal from Robert W. Baird & Co. and Adopt "A Resolution A warding The Sale Of $4,075,000 General Obligation Improvement And Utility Revenue Bonds, Series 2006A; Fixing Their Form And Specifications; Directing Their Execution And Delivery; And Providing For Their Payment" Attachments III Bid Tabulation III Moody's Investors Service Credit Rating Report III Bond Market Graphs Prepared by . EHLERS & ASSOCIATES INC BID TABULATION $1,560,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A CITY OF COLUMBIA HEIGHTS, MINNESOTA SALE: November 13, 2006 AWARD: ROBERT W. BAIRD & CO. RATING: CIFG Insured (Moody's Investors Service, Inc. "Aaa")* UNDERLYING RATING: Moody's Investors Service, Inc. IA1" NAME OF BIDDER MATURITY (February 1) ROBERT W. BAIRD & CO. Milwaukee, Wisconsin 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 PIPER JAFFRAY & CO. Leawood, Missouri 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 WELLS FARGO BROKERAGE SERVICES, LLC Minneapolis, Minnesota 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 *CI FG insurance purchased by Robert W. Baird & Co. EHLERS & ASSOCIATES INC RATE 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.0000/., 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% REOFFERING YIELD 3.650% 3.590% 3.590% 3.530% 3.570% 3.600% 3.650% 3.700% 3.720% 3.770% 4.000% 4.050% 4.100% PRICE NET INTEREST COST B81: 4.19% TRUE INTEREST RATE $4,113,840.85 $846,009.15 3.7980% $4,110,237.70 $849,612.30 3.8165% $4,109,637.50 $850,212.50 3.8195% 3060 Centre Pointe Drive, Roseville, MN 55113 651.697.8500 fax 651.697.8555 www.ehlers-inc.com Offices in Roseville, MN Brookfield, WI and Lisle, IL $1,560,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A City of Columbia Heights, Minnesota Page 2 NAME OF BIDDER MATURITY (February 1) RATE REOFFERING YIELD PRICE NET TRUE INTEREST INTEREST COST RATE $4,049,711.00 $843,300.63 3.8240% HARRIS N.A. Chicago, Illinois 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 UBS INVESTMENT BANK Dallas, Texas 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 3.650% 3.650% 3.650% 3.650% 3.650% 3.650% 3.650% 3.700% 3.750% 3.800% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% $4,108,333.50 $851,516.50 3.8262% From: To: Date: Subject: "GID - Moody's Investors Service" <epi@moodys.com> <mark@ehlers-inc.com> 11/8/20065:07:57 PM Columbia Heights (City of) MN MOODY'S ASSIGNS A1 RATING TO COLUMBIA HEIGHTS' (MN) $4.1 MILLION GO IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A A1 AFFIRMATION AFFECTS $8.8 MILLION OUTSTANDING GENERAL OBLIGATION DEBT, INCLUDING CURRENT OFFERING Columbia Heights (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Improvement and Utility Revenue Bonds, Series 2006A A 1 Sale Amount $4,075,000 Expected Sale Date 11/20/06 Rating Description General Obligation Unlimited Tax NEW YORK, November 8,2006 -- Moody's Investors Service has assigned an A1 rating to the City of Columbia Heights' (MN) $4.1 million General Obligation Improvement and Utility Revenue Bonds, Series 2006A. Concurrently, Moody's has affirmed the A1 rating on the city's $4.7 million in general obligation debt outstanding. The bonds are secured by the city's general obligation unlimited tax pledge, and will finance city road improvement projects and water utility system upgrades as well as address deferred maintenance needs. The A 1 rating is based on the city's healthy tax base growth due to management's prudent redevelopment strategies, favorable Twin Cities location, sound financial operations with sufficient reserve levels, and below-average debt levels with rapid principal amortization. MATURE TAX BASE LOCATED NORTH OF MINNEAPOLIS EXPECTED TO CONTINUE REDEVELOPMENT EFFORTS Overall, the Twin Cities economy continues to enjoy solid expansion, driven by a robust professional and business service sector. Education, health care, and hospitality services - all large contributors to the metro area's economy have been performing well, though retail payrolls remain soft. Mirroring national trends, the metro housing market has cooled with an accumulating inventory, though the effects on construction payrolls has been muted as commercial and public building projects have absorbed some of the slack. An important component of the metro area's long term growth potential lies in the convergence of its technology and life science industries with its research institutions, which draws on the metro area's highly educated workforce. Moody's anticipates future tax base growth to remain modest, as Columbia Heights is a mature, fully developed inner-tier suburb north of Minneapolis (GO rated Aa1). The city's average $1.2 billion tax base has increased at a healthy 12.1 % five year average annual rate, which reflects both redevelopment efforts and residential real estate appreciation. The city has been involved in redevelopment projects, purchasing, and rehabilitating existing homes and buildings, largely through successful tax increment districts. The population, presently estimated at 18,520, has decreased 2.1 % from 1990, and has declined from 23,837 as recently as 1970. Wealth indices have fallen relative to state medians, with per capita income at 92.1% in 2000 as compared to 96.7% in 1990, and median family income equal to 89% in 2000 compared to 99.4% in 1990. SOUND FINANCIAL OPERATIONS EVIDENCED BY HEALTHY RESERVES Moody's expects Columbia Heights to maintain sound financial operations due to prudent management, and a historically solid balance sheet, despite several years of declining General Fund balances from 2001 to 2003. After posting a sizeable $717,000 surplus in 2004, the city's General Fund declined $790,000, ending with $3.35 million or a solid 39.8% of revenues. Observing a formal operating fund balance policy of retaining 45% of operating expenditures, the city typically uses fund balance in excess of this level for capital projects. Moody's recognizes that the city benefits from additional liquidity in the form of several capital improvement and equipment funds, which, while normally used for ongoing capital projects and maintenance needs, is available for contingency purposes. At the end of 2005, these combined balances represented $9.6 million of available reserves. The city also receives transfers in from the municipal Liquor Fund, which retained a $4.3 million balance at the end of 2005. Officials expect balanced operations for 2006. Moody's believes future city budgets will benefit strong existing reserve levels, solid financial management, and a significant portion of local revenue derived from local sources (only 23% of the General Fund's 2005 revenues came from intergovernmental sources). FAVORABLE DEBT PROFILE EXPECTED TO CONTINUE At 0.7%, the city's direct debt burden is below average (2.7% overall), yielding a similarly modest $483 direct debt per capita. Additional debt is expected to be correlated to future redevelopment efforts, though the exact timing and amount is undetermined. Given aggressive principal amortization (98.2% retired in ten years), and a significant portion of existing debt service supported from generated tax increment and utility revenues, Moody's expects the city's debt profile will remain favorable. KEY STATISTICS 2000 Population: 18,529 (-2.1% since 1990) 2005 Full value: $1.2 billion Full value per capita: $69,608 Direct debt burden: 0.7% Overall debt burden: 2.7% Amortization of principal (10 years): 98.2% Fiscal 2005 General Fund balance: $3.3 million (39.8% of General Fund revenues) 2000 Median family income, as % of state: 89% 2000 Per capita income, as % of state: 92.1 % Post-sale general obligation debt outstanding: $8.8 million, including current offering ANAL YSTS: Jeannie C. Iseman, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1653 Copyright 2006, Moody's Investors Service, Inc. and/or its licensors and affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information. Under no circumstances shall MOODY'S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. The credit ratings and financial reporting analysis observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment 5.40% 5.20% .- BOND INDEX Bond Buyer Index (20 Bond, 20 Years) Revenue Bond Index (25 Bond, 30 Years) As of November 13, 2006 Revenue Bond Index............. 4.60% Bond Buyer Index................. 4.19% 5.00% 4.80% 4.60% 4.40% 4.20% 4.00% ( April 2005 through November 2006 ) Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday, November 13, 2006, commencing at 7:00 P.M. The following members were present: and the following were absent: *** *** * * * The Mayor announced that the next order of business was consideration of the proposals which have been received for the purchase of the City's $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A. The City Manager presented a tabulation of the proposals which have been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as follows: After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $4,075,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELNERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Background. 1.01. By Ordinance No. 1514 (the "Ordinance"), the City Council authorized issuance of general obligation bonds in the maximum principal amount of $4,430,000 in order to finance Zone 7 A 2004 Street Reconstruction Improvements, Zone 7B/1A 2006 Street and Utility Improvements, Huset Parkway Improvements, and Zone 1B, 2, 3, water tower and water line cleaning improvements. 1.02. The Zone 7 A 2004 Street Reconstruction Improvements, the Zone 7BIlA 2006 Street and Utility Improvements and Huset Parkway Improvements are referred to collectively as the "Assessable Improvements" and Zone 1B, 2, 3, water tower and water line cleaning improvements are referred to as the "Utility System Improvements". 1.03. The City has determined that, within 30 days after publication of the Ordinance, no petition for a referendum on issuance of bonds was received by the City in accordance with the City Charter, and accordingly the City has determined to issue its $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A (the "Bonds") in order to finance the Assessable Improvements and the Utility System Improvements. 1.04. The proposal of Robert W. Baird & Co. (the "Purchaser") to purchase the Bonds of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $4,113,840.85 for Bonds bearing interest as follows: 2 Year of Interest Year of Interest Maturity Rate Maturity Rate 2008 4.00% 2015 4.00% 2009 4.00 2016 4.00 2010 4.00 2017 4.00 2011 4.00 2018 4.00 2012 4.00 2019 4.00 2013 4.00 2020 4.00 2014 4.00 True interest cost: 3.7980266% 1.05. Purchase Contract. The sum of $89,779 being the amount proposed by the Purchaser in excess of $4,024,062 shall be credited to the Construction Fund under Section 4.01 hereof The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf ofthe City. 1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475 (the "Act"), in the total principal amount of$4,075,000, originally dated December 7, 2006, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 $275,000 2015 $245,000 2009 440,000 2016 250,000 2010 485,000 2017 270,000 2011 520,000 2018 25,000 2012 565,000 2019 25,000 2013 465,000 2020 25,000 2014 485,000 $3,405,000 of the Bonds (the "hnprovement Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the Assessable hnprovements: 3 Year Amount Year Amount 2008 $225,000 2015 $170,000 2009 385,000 2016 175,000 2010 425,000 2017 190,000 2011 455,000 2018 25,000 2012 500,000 2019 25,000 2013 395,000 2020 25,000 2014 410,000 The remaining $670,000 of the Bonds (the "Utility Revenue Bonds") maturing in the amounts and on the dates set forth below are being issued to finance the Utility System Improvements: Year Amount Year Amount 2008 $50,000 2013 $70,000 2009 55,000 2014 75,000 2010 60,000 2015 75,000 2011 65,000 2016 75,000 2012 65,000 2017 80,000 1.07. Optional Redemption. The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1, 2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 4 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. ( e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refitsal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, 5 maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the rig.lJ.t to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as ifthe officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed 6 by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase pnce. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the foml set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: No.R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS $ GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BOND, SERIES 2006A Rate Maturity Date of Original Issue CUSIP February 1,20_ December 7, 2006 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and eXIstmg municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February I and August 1 in each year, commencing August 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full 7 payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers ofthe City have been and are hereby irrevocably pledged. The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on or after February 1,2014. Redemption may be in whole or in part and ifin part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notifY The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $4,075,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on November 13, 2006 (the "Resolution"), for the purpose of providing money to aid in financing various improvements to the water and sewage disposal system of the City and certain other local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the principal hereof and interest hereon are payable in part from the net revenues of the utility system of the City, in part from special assessments levied against property specially benefited by local improvements, and in part from ad valorem taxes for the City's share of the cost of the improvements, and as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues, special assessments and taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. 8 The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one ofthe Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIA nON By Authorized Representative 9 The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants III common UNIF GIFT MIN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act. . . . . . (State) Additional abbreviations may also be used though not in the above list. (The remainder of this page is intentionally left blank.) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attomey to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STEMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature 10 guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ill #13-2555119 3.02. Approving Legal Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund and Accounts Maintained in the Debt Service Fund. (a) The Bonds are payable from the General Obligation Improvement and Utility Revenue Bonds, Series 2006A Debt Service Fund (the "Debt Service Fund") hereby created. The City will maintain an "Improvements Account" (the "Improvements Account") and a "Sewer and Water Utilities Account" (the "Utilities Account") in the Debt Service Fund. 11 (b) The City Manager will timely deposit in the Improvements Account the special assessments (the "Assessments") and taxes (the "Taxes") levied or to be levied for the Assessable Improvements, which Assessments and Taxes are pledged to that account of the Debt Service Fund. If any payment of principal or interest on the Improvement Bonds portion of the Bonds will become due when there is not sufficient money in the Improvements Account of the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments and Taxes when received. (c) The City will create and continue to operate its Water and Sewer Fund to which will be credited all gross revenues of the water and sewer plant and system and out of which will be paid all normal and reasonable expenses of current operations of the water and sewer plant and system. Any balance therein are deemed net revenues and will be transferred, from time to time, to the Utilities Account of Debt Service Fund, hereby created in the Water and Sewer Fund, which account will be used only to pay principal of and interest on Utility Revenue Bonds portion of the Bonds and any other bonds similarly authorized. There will always be retained in the Utilities Account of the Debt Service Fund a sufficient amount to pay principal of and interest on all the Utility Revenue Bonds portion of the Bonds and the City Manager must report any current or anticipated deficiency in the Utilities Account to the City Council. (d) The proceeds of the Bonds, less the appropriations made in paragraphs (b) and ( c), together with any other funds appropriated during the construction of the Assessable Improvements and Utility Improvements (collectively, the "Improvements") will be deposited in an Assessable Improvements subaccount and a Utility Improvements subaccount, respectively, in a separate construction fund to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Projects. There is also appropriated to the Assessable Improvements subaccount $51,287.10, representing a portion of the amount over the minimum purchase price paid by the Purchaser; and there is appropriated to the Utility Improvements subaccount $10,170, representing a portion of the amount over the minimum purchase price paid by the Purchaser. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and any balance in the respective sub accounts therein to be deposited in the Improvements Account and the Utilities Account, respectively, of the Debt Service Fund, as the case may be. 4.02. Covenants Regarding Assessable Improvements. It is hereby determined that the Assessable Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Assessable Improvements to be promptly levied so that the first installment will be collectible not later than 2007 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of 12 any other funds needed to pay the Improvement Bonds portion of the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Assessable Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments and Taxes. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. Covenants Regarding Utility System Improvements. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Utility Revenue portion of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) Maintenance and Operation of System. The City will continue to maintain and efficiently operate the water and sewer plant and system as public utilities and conveniences free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water and sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) Utilities Account to be Maintained as Separate Account. The City will also maintain the Utilities Account of the Debt Service Fund as a separate account in the Water and Sewer Fund and will cause money to be credited thereto from time to time, out of net revenues from the water and sewer plant and system in sums sufficient to pay principal of and interest on the Utility Revenue Bonds portion ofthe Bonds when due. (c) Books of Records and Accounts Relating to the System. The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water and sewer plant and system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) Persons Handling Revenues and Banks Receiving Deposits. The City Council will cause persons handling revenues of the water and sewer plant and system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the 13 funds collected on account of the operations of the water and sewer plant and system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) Insurance. The Council will keep the water and sewer plant and system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) Performance of Duties. The City and each and all of its officers will punctually perform all duties with reference to the water and sewer plant and system as required by law. (g) Pledge to Produce Revenues. The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce, net revenues adequate to pay all principal and interest when due on the Utility Revenue Bonds portion of the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) Payment of Deficiencies, if Any. The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 4.04. Pledge of Taxes. It is determined that at least 20% of the cost of the Assessable Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Improvement Bonds portion of the Bonds, there is levied a direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Improvement Account of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy collection): Year Levy (See Exhibit A) 4.05. Certification to Manager of Pro pert V Records & Taxation as to Debt Service Fund Amount. (a) It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Bonds portion of the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the Manager of Property Records & Taxation of Anoka County the amount available in the Improvement Account of the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of 14 Property Records & Taxation will thereupon reduce the levy collectible during such year by the amount so certified. (b) It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Utility Revenue Bonds portion of the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on such portion of the Bonds and that no tax levy is needed at this time with respect to the Utility Revenue Bonds portion of the Bonds. 4.06. Manager of Property Records & Taxation Certificate as to Registration. The City Manager is directed to file a certified copy of this Resolution with the Manager of Property Records & Taxation of Anoka County and obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable 15 Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2006) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax -exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 16 Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee ofDTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or SlL'l1S so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 17 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Limited Continuing Disclosure. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covemults and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.03. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 18 Section 9. Defeasance. When all Bonds (or all of either the Improvement Bonds or Utility Revenue Bonds portion thereof) have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution (with respect to the Improvement Bonds or Utility Revenue Bonds portion of the Bonds, as the case may be) to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or all of either the Improvement Bonds or Utility Revenue Bonds portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 19 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 20 STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. ) CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting Manager of the City of Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on November 13, 2006 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A ofthe City. WITNESS My hand officially as such Manager and the corporate seal of the City this day of November, 2006. City Manager Columbia Heights, Minnesota (SEAL) STATE OF MINNESOTA MANAGER OF PROPERTY RECORDS & TAXATION'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION COUNTY OF ANOKA I, the undersigned Manager of Property Records & Taxation of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Columbia Heights, Minnesota, on November 13, 2006, levying taxes for the payment of $4,075,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A, dated as of December 7, 2006, has been filed in my office and said obligations have been registered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _ day 2006. Manager of Property Records & Taxation Anoka County, Minnesota (SEAL) Deputy YEAR * EXHIBIT A TAX LEVY SCHEDULE TAX LEVY *Year tax levy collected. 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 A-I $ 15,783 148,263 178,682 196,922 229,651 102,990 106,739 101,652 104,055 116,748