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HomeMy WebLinkAboutNovember 13, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 13,2006 The following are the minutes for the regular meeting of the City Council 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. CALL TO ORDER//ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Dan Thompson, Assembly of God Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson stated that Resolutions 2006-232 and 2006-229 would be removed as the abatements have been corrected, and added an update on the Youth Commission. Councilmember Nawrocki requested discussion on the activity center, and recognition of one of the newest members of our community. Peterson stated the activity center could be 7D. Diehm stated it would be best to discuss this when the Chairperson of that committee, Pastor Dan Thompson, was still present. Peterson stated it would be discussed after the recognitions. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations - November 12-18,2006, is American Education Week Mayor Peterson read the American Education Week Proclamation Presentations-Ted Landwehr, Rising to New Heights (RNH); Acknowledgement of Make A Difference Day Projects/Awards Tprl T ~nr1'l,phr "f'thp 'R1~1f"\('T tn 'l\.JA'ur Ut:Jr,;n"htCl ('""Iru...,...,."1:"'t"\~++,,:::u::~, ~-n+....^r1n"art t-ha. t"l;" _....^~O_+l"'f rl__rl. +__1\11,,1,._ A ...L __ ........_........_.,.., _.L.LI. "".... "......._ ..I.'\o...l.U.L.L.l.E:> "'v ..l'VYV .1...1.'""1.6""..1.1,.\3 '-'V.1..1..1.J..1.u.....""'...... .1.1.J.I.J.vuu......."'u L1..1'-' ~.1.1\.. PJ.VJ'""\,.Il..:) \..lUll"" l.Vl IVJ.U1\..\.I r'l.. Difference Day. The first was making hats for the military overseas. Karen Moeller, Senior Coordinator indicated that a senior group has made 163 hats in three weeks, as have others in the community. Pat Sowada thanked Mr. Nawrocki for helping establish the military contact to distribute the hats. Nawrocki stated that his wife made 15 of the hats, one of which he modeled. Sowada stated that on November 22 a Corporal has been invited to the senior center for the presentation of the hats. The Columbia Heights city staff collected items for the SACA food shelf. He listed the employees that participated. The Sowada's also donated farm vegetables to SACA. The Northeast Bank held a fundraiser for a single morn with leukemia. Cliff Shedlov thanked the community for supporting this event. Sharon Shedlov gave an update on her health. Ashlyn and Austin Altmeyer helped a neighbor with yard work and donated to SACA. Landwehr thanked Carole Blowers for her efforts to promote this project. He invited everyone to attend the RNH meeting tomorrow. Mikey Rooney thanked Ted Landwehr for his work on RNH. Recognition Tim Wellman, Youth Commission Coordinator, stated that on December 4th at 7:00 p.m. at Murzyn Hall there would be a Youth Commission meeting. This is also open to adults or anyone willing to help. He stated the Youth Commission is to involve youth in the community. Fehst stated that Mr. Wellman would attend the School Board meeting with this information. He questioned if school children are aware of this meeting. Wellman listed the places the meeting has been publicized and stated that he would attend local civics classes to inform students. Miscellaneous City Council Minutes November 13, 2006 Page 2 of31 Peterson read an email on www.letssavthanks.com where you can fill out a free card that will go to a member of our armed services to thank them. Nawrocki introduced Bjorn Handeen, a new resident in our community, that he had met. He stated that he asked him why he chose Columbia Heights and was told that he was concerned about safety in the neighborhoods and wanted to find a place that was safe to raise their family. Handeen came forward and stated his appreciation for the introduction and the free Universal cable offered in Columbia Heights. He stated that he can not wait to participate in the city. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items: 1) Approve City Council Meeting Minutes for October 23,2006, Regular City Council Meeting Motion to approve the minutes ofthe October 23,2006, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to approve the minutes ofthe 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 - Removed for discussion 4) Adopt Resolution No. 2006-218, being a Resolution to Accept Gifts Received by the City of Columbia Heights Motion to waive the reading of Resolution No. 2006-218, there being ample copies available to the public. Motion to adopt Resolution No. 2006-218, being a resolution to accept gifts received by the City of Columbia Heights. Fehst stated that a large part of the donations were for the city clock tower. Diehm referred to all the entities that have contributed to our community, like Wal-Mart contributing to our library. Nawrocki named the other local organizations that contributed to the community. RESOLUTION NO. 2006-218 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gifts; 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: PATE DONOR A:\1111:NT I'UU'OSE 41J!2UOl> CllRlSTUI'lIER. ruAS'Il\fASfERS 150.00 RECREATION OIV~OO6 COLUMBIA 11ElrJIITS LlUNS n.llB zsn.ou Rlil'REATlON 413/201)6 C(lL\lMllIA HEIOlflS WOMEN OFH'DAY 50.00 RECREATION W15/1HU6 ('(lLllMBlA flEIOHlS WOMEN OF TODAY IOIJ.()(/ RECfU:ATluN !!.Ill/ZOllo COUiMllIA HEIOHrs ACnVITY FliND 1.050.00 RF.("RF.ATluN: PI~I1<'(",llll:<,"h) 101'l/10()(; CnU"MBlA IIflOHrs ACTIVITY HiND 4,500.00 RJ,CREATluN: Ughll..,urdlllluip(",,,,,,,,.h/ 51IS/ZUllO \'OUIMBlA I:If101rrS ATlILETlC BUOSTER..'> (,51U)() YOITTHATlIUTlCS 8114/1U1J6 KJW ANlS n.I'B OF COLeMBlA lIE1GlHS 150.00 '1'01 'Ill ~11lRAL 5114/2006 THE KORDlAKlYJl\II'ANY 15,111) FIlU'WOIU(S toJll2U1J6 CRESTVIEW CORI'ORAlIuN 15.110 FIREWORKS 611/2006 Fllts'll~oM~ft:Nln' CREDIT 1'NlllN 150.01l FIREWORKS IiIlJl2lJt)6 coUT~1BIA lIEICHrrS l'oST 231l lJllHUlIl FIREWORKS MI6/2(1)6 NORllJEAST BANK IOU.OO FIREWORKS 711(1/200ti nVIN lTnEs NORTlI l:HAMBER UF j'OMMERCI, I(HWll mU,wuRKS &'61100ti AMFlUCAN U,(JJnN 500.l1lJ l'lRE\'iORKS 8131/2006 ('CJUIMBlA HElGIHS LIONS n.l1B 700.00 FIREWORKS Sl'BTOT.U.IoTNf) 1181 C'Ol'\'TRIBliT"1l rR()J~crs. RJ.;CRF.ATIU:'t/ 9,5UII.1l0 4/512DlI(} APPR1TIATH)N NIT" FlI:>iDRAISER -11512000 AI'PRI'.CIATlllN NIT" F\i:>ilWAlSFR <)/2<)/10(1(} VALlTES FlRSI 611'1/1006 WALi\1t\RT 71J12()(I6 LEVINE/RWIIARD 7/2412OtIO TIlE FLANARY l.JR(ll lP.lNC 4/1l!12()(1O ('( 1t!.IMBlA IIEIGlnS PoST 230 5lL.mooo l'uL\.1~ml."'IlEIGlllS P()Sl 230 I'>IlJ/1()06 ('u[.UMBJA llEIOlITS PUS1' 1.111 1I1]712110{, 1'0],1 Ii\lBIA llEIOlrlS l'flST 230 'J115120()h I ~()JJ :MBIA HFIOHI"S l'(lS'l130 lUlWflUI)/i l'llt! 'l\tHIA JlEIOHrS POS'l1.10 1211lJIltlU5 DI'.ALL !lI1110lJ6 fYII,t:MIllA ]IEIOIfrs ,-\I'nVIlY Fl TND Rf1Jll)U6 CflU :MIllA IIElOlfrS ACI"I\'IlY FIIND &'211006 \'IJL!Tl\IllIA IIEIGlfl"S ..\CTI\TfY FI'ND HI21/100ol:uLl.IMBI.\ llEllllll'S ACII'.lTY FIIND SLrBTOTAI, FU....1l8KJ CO:'t/TRlRLn:O PRI),n:CTS - GEN!!:RAl. 550.75 I~)UCE 550,75 FIRE ]c;9..J1I FlRE;t'hi]d""r""~13 IJJtHJ.lJll UBRAlH'; Childn:ll's [''''!P'un. 100.uO LiIlRAR\'; Adull "'>oK.. IOIJ.no 1,IBRARY:Am.;rui""girl 13ll.00 1'\ V RESIDENTS COI lNCIL 130.00 I'VV RESIDENTS l:otlNclL DO.oO I'VV Rf.sIDENTS1~()I'NnL 130JHJ P\V RESIDENls 0 ''-'NelL 1711.(1I\ I'VVRESlDENTsl:Ut'NclI 5Otl.Oo SISTERClTlES I'Rl)GMM City Council Minutes November 13,2006 Page 3 of3] 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 to waive the reading of Resolution 2006-240, there being ample copies available to the public. Motion 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. Fehst stated that in an R3 zone, ifproperty is altered, it must be through a conditional use permit. This resolution would allow an interior parking facility at Crest View. 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 of the 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 of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public 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 year 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 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. City Council Minutes November 13, 2006 Page 4 of31 6) Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and Driveway Located at 3806 Jackson Street - Removed for discussion 7) Issue Rental Housing License to Bob Landucci, 3810-3812 3rd Street N.E. Motion 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 to approve the items listed for rental housing license applications for November 13, 2006. 9) Approve Business License Applications Motion 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 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. Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items, with the exception of items #3 and 6. Upon vote: All ayes. Motion carried. 3. Set Work Session Meeting Date Nawrocki indicated that not holding work sessions on the third Monday has been discussed as an unavailable night. Fehst stated that topics covered would be the waste hauler contract extension and single sort recycling, review of the sump pump program, report on the Anoka County drug task force, NSF checks, sending registered rather than certified letters to property owners, and graffiti issues. Nawrocki suggested Wednesday, November 22. Peterson stated he would not be available. Nawrocki suggested Wednesday the 29th or Thursday the 30th. Diehm stated she would not be available on the 30th. Nawrocki stated he is not available on the 20th. Peterson stated that we have tried to keep the third Monday open. Diehm suggested discussing this at a work session to find a date to accommodate all members. Williams stated that he would be available on Monday, the 20th. Motion by Kelzenberg, second by Diehm, to schedule a City Council work session meeting for Monday, November 20,2006, beginning at 7:00 p.m. in Conference Room 1. Motion to amend by Nawrocki to hold the work session meeting on Wednesday, November 22nd. The amendment died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 6. Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and Driveway Located at 3806 Jackson Street Nawrocki stated that the request was for garages in the rear and a common driveway. He felt this could be a problem in the future. City Council Minutes November 13, 2006 PageS of31 Jeff Sargent, City Planner, described the placement on the lot, referring to setback requirements in the R3 district. The placement of the house would meet the setback for single family districts. There are two other variances required because of the joint driveway. Staff recommended a condition that would require an easement agreement. Peterson asked if there was anyone present with concerns for this item. There was not. Kelzenberg stated that there was extensive discussion at the Planning and Zoning Commission meeting on this. The owner would move his mother to the existing house and develop the other portion for sale. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-239, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-239, approving the IS-foot side yard setback variance and the 5-foot 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. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 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, Biock 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 15- foot side yard setback variance for a new house per Code Section 9.1 09 (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 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 fmdings of the Planning Commission: I. Because of the particular 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. City Council Minutes November] 3, 2006 Page 6 of3 ] 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. Activity Center Nawrocki stated that last week the architect put together costs based on recommendations of the committee. There are two possibilities of activity centers; one is $31,000,000 and the other is $16,000,000, not including land cost if necessary and could require an additional parking ramp. We must consider other debt we are incurring such as the bond issue and liquor store bonding. It would seem that we should become more involved and indicate where the council would like to go on this. He referred to building on at the high school for two gyms, a walking track and moving weight equipment into the building for $3,500,000. It is time to start having input on this process. 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 Sargent stated this is the second reading to amend the zoning code pertaining to used car lots. It would allow this type of business with conditions requiring an enclosed facility. There would be no rezoning of specific property. Nawrocki asked if this would apply to existing car lots. Sargent stated no, the two existing used car lots would be grandfathered in. Nawrocki stated the lot across the street from City Hall originated with the past owner and was to he for only a few cars, but it is now packed '.vith used cars. Nawrocki asked if this would impact the business at 5151 and University? Sargent stated that license was not renewed during the moratorium, so they were not able to renew. They could apply now and store used vehicles in an enclosed building. Nawrocki asked if this would apply across the street. Sargent stated that being they do not have a CUP, they would not be subject to the permit. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1515, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. This Ordinance can be found at the end of this document. 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) Sargent stated the request is for a Comprehensive Plan amendment, rezoning amendment, and preliminary plat, allowing the northern parcel to be changed to high density residential. A property split would be involved. The Planning and Zoning Commission (P&Z) held a public hearing and recommended approval of these items. City Council Minutes November 13,2006 Page 7 of 31 Nawrocki stated that the Montessori school was not part of the original plan discussed. Sargent stated that the Montessori school was part of the original plan. Jim Hoeft, City Attorney, stated there is no footage distance requirement from a liquor store. Sargent indicated that our ordinance only addresses "on sale" establishments. Sargent stated that the possibility of a commercial pad did not affect the requested zoning changes and would be addressed at the appropriate time. Nawrocki stated concern with current parking agreements with the thrift store. Sargent indicated that parking for that facility would meet code after the subdivision. Nawrocki stated that the parking lot gets filled and our code may not be adequate. He stated that he was prepared to support this liquor store, but not the other one. These problems need to be addressed now. A resident questioned what is on the property now. Sargent stated it is a theater and a parking lot. Darrel Galmer, 4510 Lakeview Drive, Edina stated that the thrift store owner has agreed to signoff on the parking agreement. He stated that the Montessori school has been a part of the project since the beginning. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-241, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to reguide a specific area ofland from GB, General Business to R-3, Limited Multiple Family Residential, for the property located at 2101 - 37th Avenue. Upon vote: All ayes. Motion carried. RESOLUTION 2006-241 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 grow1h; 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. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1519, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes November 13,2006 Page 8 of31 Motion by Kelzenberg, second by Williams, 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. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-242, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15 stated conditions as approved by the Planning Commission. Upon vote: All ayes. Motion carried. 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 _ 3th 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 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 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: I. 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 fmal 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. 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. II. 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. City Council Minutes November 13,2006 Page 9 of 3 I C) Adopt Resolution 2006-220, Approving Revocation for 1081-1083 Polk Circle N.E. Fire Chief Gary Gorman stated the duplex has outside storage, fencing issues and the property is vacant. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No.2006-220, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, 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. Upon vote: All ayes. Motion carried. 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 5A.408(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 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 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. Thai 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 Columbia 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 fmal 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: Failure to correct RMC violations. The violations are as follows; Shall remove alVany outside storage from the property Microwave, Barstool, Garbage, Chair, Clothing, Bicycle tires, Door, Wood, Broken rabbit hutch. Shall repair soffit that is falling off. Shall repair fencing around kennel that is falling down. 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 The rental license belonging to the License Holder described herein and identified by license number F80 1 0 is hereby revoked. 1. 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. 2. 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 2006-221, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there is one violation remaining of painting and scrapping the garage. City Council Minutes November 13, 2006 Page 10 of31 Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-221, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, 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. Upon vote: All ayes. Motion carried. 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 1.3,2006, 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: 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 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 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. E) Adopt Resolution 2006-222, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there are two outside violations, storage and issues with the garage. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of City Council Minutes November 13, 2006 Page lIon I Resolution No. 2006-222, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, 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.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 2006-222 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 of the 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 I, 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. 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/replace overhead garage door and shall remove all/any outside storage from the property. 4. That all parties:; including the O'Nner 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 I. 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. F) Adopt Resolution 2006-223, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there are three outstanding exterior violations. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-223, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-223, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 3816 Tyler Street N.E. a nuisance and City Council Minutes November 13, 2006 Page]20f3] approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. 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: Shall remove all areas of scrub growth from around garage and fence. Repair chain link fence on rear of property. 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 I. That the property located at 38 16 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 :my other hearL'1gs 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. G) Adopt Resolution 2006-224, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated there are scrub growth violations on the property. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-224, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, 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. Upon vote: All ayes. Motion carried. RESOLUTION 2006-224 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement City Council Minutes November 13, 2006 Page 13 of3l 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 of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall cut down all/any scrub growth in the following locations; Behind the garage, in the alley and all around the garage. S. 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 COlJNGL 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. H) Adopt Resolution 2006-226, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated that violations A and B have been completed, with siding on the garage remaining. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-226, removing items A & B, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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. Upon vote: All ayes. Motion carried. 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 Sth Street N.E. Columbia Heights, Minnesota, City Council Minutes November] 3, 2006 Page 14 on] 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: Shall replace the missing siding comers 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 51h 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 51h 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. I) Adopt Resolution 2006-227, Declaring Property a Nuisance/Approving Abatement of Violations Gorman listed the four outdoor violations including outside storage, painting, and hard surface parking. Williams questioned the painting this time of year. Gorman stated they would be given a seasonal extension. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-227, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-227, a resolution ofthe City Council ofthe 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. Upon vote: All ayes. Motion carried. 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 City Council Minutes November 13,2006 Page 15 of 3 1 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: Shall cut down all/any scrub growth in the following locations along alley and around fence throughout property, Replace rotted garage fascia boards and paint, Repair hard-surfaced parking in rear near garage off the alley, Asphalt is in poor condition, Shall remove all/any outside storage from the property, Cardboard, 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 That the property located at 4021 Jefferson Street is in violation of the provisions of the Columbia Heights City Code as set 1. forth in the Notice of Abatement. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to 2. 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. J) Adopt Resolution 2006-229, Declaring Property a Nuisance/Approving Abatement ofVjglCi1iQIlS Removed K) Adopt Resolution 2006-230, Declaring Property a Nuisance/Approving Abatement of Violations Gonnan stated this is for removal of a tree stump. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Williams. to close the public hearing and to waive the reading of Resolution No. 2006-230, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, 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. Upon vote: All ayes. Motion carried. 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 City Council Minutes November 13,2006 Page 16 on I 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 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: 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. L) Adopt Resolution 2006-231, Declaring Property a Nuisance/Approving Abatement of Violations Gorman referred to numerous violations, due to a tree falling and damaging the home and yard care. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-231, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-231, a resolution of the City Council ofthe 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. Upon vote: All ayes. Motion carried. 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: City Council Minutes November ]3,2006 Page]7 on] 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: 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. Shall trim the trees in front of the house so that the address numbers can be clearly seen. Shall repair alllany damaged windows on the structure. Shall seal, stain, paint all bare wood around the basement egress window on the south side of the house. Shall repair the damaged gutters on the south side of the house. 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 parts 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 7th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to 2. 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 7th 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. M) Adopt Resolution 2006-232, Declaring Property a Nuisance/Approving Abatement of Violations Removed N) Adopt Resolution 2006-233, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this is for repair or replacement of the front steps to the house. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-233, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-233, a resolution ofthe City Council ofthe City ofColurnbia 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. Upon vote: All ayes. Motion carried. 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, City Council Minutes November 13,2006 Page 18 of31 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: 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 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. 0) Adopt Resolution 2006-234, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this property has four outdoor violations. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-234, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-234, a resolution ofthe City Council ofthe 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. Upon vote: All ayes. Motion carried. 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 of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: City Council Minutes November 13,2006 Page 19 ani 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: Shall repair or remove or replace the damaged fence in the front yard. Shall remove alllany scrub growth from around the garage and parking pad in the rear. Shall paint or stain or seal the bare wood on the service door of the garage. Shall remove alllany outside storage from the property - cage, bags of cans, strollers, rake, yellow buckets, garbage cans, miscellaneous garbage, bags newspapers, shoes, bottles, cups, television, drawer, 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. P) Adopt Resolution 2006-235, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated the violations are outdoor storage. Mayor Peterson asked ifthere was anyone present regarding this property. Steve Krafte, 4929 6th Street, stated that the car would be removed shortly, and the dirt pile is to fill in around his house. The concrete pile is from neighbors and would be used tor till. He stated that he has requested an extension on the siding. Peterson stated that Council could move ahead with this proceeding and still allow the owner the necessary time to do the work. Peterson stated his appearance showed his concern and indicated that staff would work with him. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-235, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-235, a resolution ofthe 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. Upon vote: All ayes. Motion carried. 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 City Council Minutes November 13,2006 Page 20 of3] 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 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: Shall remove all/any outside storage from the property - Roll of fencing, Pile of dirt/fill/concrete, storage 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. 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 4929 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. Q) Adopt Resolution 2006-236, Declaring Property a Nuisance/Approving Abatement of Violations Gorman listed the violations of outside storage. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-236, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-236, a resolution of the City Council ofthe 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. Upon vote: All ayes. Motion carried. RESOLUTION 2006-236 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 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: City Council Minutes November 13, 2006 Page 21 anI 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: Remove large brush pile from near alley, Remove truck topper from landscaped area, 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. R) Adopt Resolution 2006-237, Declaring Property a Nuisance/Approving Abatement of Violations Gorman stated this property was before Council previously on an emergency abatement. This is for several major violations and the property is now under the control of Homeland Security. Mayor Peterson asked ifthere was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-237, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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. Upon vote: All ayes. Motion carried. 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 City Council Minutes November 13,2006 Page 22 of 3 I 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: Shall repair the downspout that is hanging off the building. Shall repair the stucco that is crumbling on the back of the building and also under the side door on the 4951 side. Shall repair or replace alVany broken screens. Shall cut and remove alVany long scrub growth/long grass/weeds all around the property. Shall remove all/any outside storage from the property - pallets, sheetrock, garbage, 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. ITEMS FOR CONSIDERATION Other Business 1) Authorization to Purchase Property Fehst stated that Bob Long, Welsh Properties, Mark Ruff, Ehlers and Associates, Larry Scott, Liquor Manager were present to represent this item. In 2002 staff brought forth the idea of city owned property on Central Avenue. Welsh Properties has established a purchase agreement for three property at $1,300,000 for this purpose. He referred to information from our lawyers showing the advantage of owning property versus renting. He indicated the amount we would have saved if this would have been done at the time proposed. Bond principle and interest would be paid with revenue and funds currently used for rental. We currently pay property taxes on the rental property, which would not be required if we owned property. Fehst referred to the high amount of vehicle travel in this area, and the decline of business at the current location due to changes in the mall. We generally contribute $300,000 to $400,000 a year to the general fund from this business, but that decreased last year to $200,000 from these changes. If approved, we would move to a Phase I analysis ofthe property. We spent $8,000 in engineering fees to make sure the layout would suit our needs. We have received quotes from Welch, and Krause Anderson for the analysis. We could proceed with Welch as our construction manager for the site. Nawrocki indicated that the authorization to initiate purchase agreements was not approved by Council. He stated that he has requested documentation regarding dual representation by this firm. Nawrocki referred to the decline in sales and questioned the wisdom of moving ahead with this. Nawrocki stated this property would be $1,300,000 for the property, plus the cost to build a building. We need to look closer at the use of our funds. We have no assurance of profitability. Larry Scott, Liquor Manager, referred to past sites proposed and indicated the need to proceed because current site revenues have diminished. If we continue down this road it would not be possible to continue with a liquor store at the current site. Kelzenberg stated his opinion that it would be better to own our liquor stores rather than to rent them and that the current site is not the best place for a liquor store. Scott stated that during consideration City Council Minutes November 13, 2006 Page 23 of 3 ] of a new store, we did not put money into improvements of the current store. Nawrocki referred to costs to own a building. He stated that we do not have good profit numbers and do not have information on the values of the property. Bob Long, Welsh Companies, described the negotiation process. On the LaCaberna Restaurant, we offered appraised values and they were at $550,000. They now have agreed to $450,000. The barbershop turned down $275,000, then marketed it for $350,000 and we got them back to $275,000. The old color tile/pet store received an offer for $575,000 and he was asking $700,000. He agreed to a match of that offer. From an investment standpoint, you will see the values recouped. The price will only go higher if not acted upon. Nawrocki stated that we have not been shown the appraisals ofthe property. The car wash agreement is at a premium price. Nawrocki stated the use of disclosure should be referred to the State Department of Commerce. Nawrocki stated concerned with the way this business is going and questioned this type of investment. Fehst indicated that we run this as an enterprise fund. This would be a reinvestment into the business. He stated that Council requested to see what the property could be purchased for. When you venture into capital outlay, there are risks. This is an investment in our community. In a worse case scenario, we could liquidate and sell. Nawrocki stated he has not seen the numbers of our competition, and referred to the history of our liquor stores. He compared liquor in grocery store legislation to eminent domain laws. Nawrocki again referred to the community getting deeper and deeper into debt. Diehm stated her support of the property purchase as the area needs redevelopment. She indicated the need to be smart in the building design so it could be a product we could sell and could be proud nf' ~hA ct'=ltArl tht:lt coh..o;~ a-n"...An.,-nrTa.r1 h"lr t:'l-.1a.....,... .....___............_ C... A_-4-t..__..,.'.... _...........'" ....4......_..... 1":'_........-.- .... ...__...................J...h...~l V.I... t..J.I..I."" iJU..U""'u. ....I..,U.....L. tJ.l.1.......l~ \"I.J.J..VVUJ.U5"'U. UJ Ll.U~l~ l......pVIL VIIlJl. ..L111111Ul1] ;::, llc;W ;::,lUlCi. 1'1Ulll a plV.....C;;UUld.l standpoint we could have had a closed meeting on a property purchase. Motion by Diehm, second by Kelzenberg, 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. Williams asked if we need all three lots for the store. Fehst stated yes. Williams questioned the interest rate on the bonds. Fehst stated it would be 3.75 to 4 percent for the Huset Park special assessment, road projects, and utility projects and about 4 percent on the land purchase. Nawrocki stated that if the revenue does not bring in the funds to pay the debt service, property taxes would have to be increased. Ruff stated that we don't know what the rates on liquor store bonds would be, but would expect to carry an "A" category bond rating. Because of good city operations, it is anticipated the bond rate would only be .25% higher than a general obligation bond. The EDA would own the building and lease it to the city. Williams asked if the two stores would be bonded together. Fehst stated that the bonds might require bonding in two different years. Ruff stated that a larger bond issue would be best, and the city could enter into a construction contact and then bond later in the year. The rate is less if the city or EDA bonds for less than $10,000,000 in one year. Ruff stated they would recommend doing both stores under one bond. City Council Minutes November 13,2006 Page 24 of31 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 2) Resolution Awarding the Sale of$4,075,000 General Obligation Improvements Bonds, Series 2006A Bill Elrite, Finance Director, stated that we have held two readings on the bond and the sale was today. He indicated the payment of the debt service would be through private assessments, and utility funds. He stated the low bidder was Robert W. Baird & Company from Milwaukee. Williams stated that the bond rating is Al according to Moody's. Ruff stated that the principal amount is $4,075,000 with a closing date of December 7th. The bond buyers index is 4.19%. Bond rates are as low as the middle of 2005 and are at near historic lows. Ruff recommended the bid be given to Baird & Company. Williams asked for clarification of the Moody rating. Ruff listed the factors involved. Nawrocki recommended that the information given be reviewed. Nawrocki questioned inner fund loans. Ruff stated that is not included in the city's overall debt. Nawrocki referred to funds eannarked for an activity center and loans to the EDA. We have used reserve funds for property and development. Williams stated that we are increasing our tax base because of city redevelopment. The interest rate of four percent for 20 years is a great rate to build our city for tomorrow. We are taking two vacant buildings and one house and making a good building from it. The city's direct debt level is below average. Williams indicated that the Moody report is very positive and shows that what we are doing . . IS very WIse. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2006-238, there being ample copies available to the public. I Tpon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2006-238, being a resolution authorizing the sale of$4,075,000 in General Obligation Improvement Bonds, Series 2006A. Upon vote: All ayes. Motion carried. Roger Strom, 47 Y2 Avenue, questioned the direction of the liquor store entrance. Diehm explained the proposed location. This Resolution can be found at the end of this document. ADMINISTRATIVE REPORTS Report of the City Manager · Glad the elections are over; commended the people that applied for the job. Congratulated the winners and thanked the losers for participating. Nawrocki · Lot west ofWaggamons has cars parked there on an unpaved lot - when will it be cleaned up. Fehst stated that we are monitoring the site and violations are handled. If it was residential it would have to be paved. · 4242 3rd Street has the cover open on the dumpster. Has been there three times and it is always open. We should keep them covered for the health hazard. · SW comer 44th and 3rd - there is a car for sale on an unpaved surface. City Council Minutes November 13,2006 Page 25 of 3 I . 3841 3rd Street - has an unlicensed vehicle . 51 st and University - unlicensed vehicle and junk on the property · 43rd and Central- sidewalk in front of property tom up for construction not fixed. · Savers has outside storage and a truck trailer and vehicle for storage. · Architectural proposals for activity center, have not seen a total price - only hourly rates. Want to see proposals from the other architectural firms and our request for proposal. · Manager left town without informing the Council. We should know ahead oftime. Fehst stated that everyone was notified. Report of the City Attorney - nothing to report. CITIZENS FORUM Deb Johnson, 4626 Pierce, referred to an email she sent regarding Grand Central Lofts. They have reduced the price on the condos and they are now very reasonable, but they are starting a new process to sell as "rent to own". She was not in favor of this possibility. She indicated hope that something will happen with the hole in the ground. Peterson stated that we are all concerned. Diehm stated an EDA discussion was of commercial improvements in the area, which may generate interest in that development. Johnson stated that they are now reasonably priced and if she was in the market for a home, she would buy one. Diehm stated that the condos are beautiful. Nawrocki stated he brought this up at the beginning of the project. COUNCIL CORNER Kelzenberg · Commended voters for getting out to vote. There was a huge turnout. · Congratulated Peterson and Diehm. We all do our best to move the city forward and will continue to make improvements. · Remember no parking 2:00 a.m. to 6:00 a.m. in the winter months. Williams · Congratulated Kelzenberg, Peterson and Diehm. Their being reelected tells us we are doing something right. · Excited about the youth commission possibilities. · Mark Hinrich sent an email regarding a possibility for the Burger King site of a food drive in. It would attract attention. . Have a nice Thanksgiving. · The Saturday after Thanksgiving is the Mayor's holiday party. There will be a raffle for a four wheeler. Pray for the peace and health of our citizens. Peterson · The Kickoff Party will have a silent auction, dinner, music, and entertainment. · Congratulated Diehm and Kelzenberg on their victories, and thanked those that supported him. Thanked all those who took part. Everyone is a winner. Rather than sit back and complain, they got involved. · Don't forget to go to www.letssaythanks.com and send a free card to those serving in the military. Diehm · Thanked the community for their support in the election and choosing her for another four years. The most important thing was the opportunity to have a vision for our future. Expressed hope that discussion continues and encourages others to stay involved. · The Columbia Heights Drama Department is presenting a play on November 16, 17, and 18th. · For Thanksgiving and the holidays - read options to become involved in SACA - i.e. toys, food and monetary donations or volunteer at the site. If you know a family in need, you can make a referral. City Council Minutes November 13,2006 Page 26 of3 I Encouraged everyone to contribute time or money to our food shelf. Nawrocki · Congratulated the winners of the election. · Referred to a possible "Porky's" in Columbia Heights. Thinks it is worthy to look at. · Concerned about the budget and the information we don't get. Want to see information on all funds - HRA and EDA also. · Renewed request to know where we stand on TIF commitments. Peterson referred to prior discussions of a Porky's Drive-In. Peterson Don't take ourselves too seriously. Happy holidays and corne to the Holiday Kick Off party. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10: 10 p.m. tli-.. .~ .. Patricia Muscovitz, CMC , Deputy City Clerk/Council Secretary 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, 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: (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. t) 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. City Council Minutes November 13, 2006 Page 27 of31 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 often (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 S 9.107 (C) (7) and all other subsequent subdivisions: S 9.107 (C) (8-42) shall be renumbered accordingly. Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, 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 9.1 07, 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. (j) Outdoor storage. flr\ D~....l...-';...,n- D n................ \1....../ .a.. -..un...1.u,E, .I.'\".u.u..l.p. (I) 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. RESOLUTION NO. 2006-238 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 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. 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/lA 2006 Street and Utility Improvements, Huset Parkway Improvements, and Zone 1 B, 2, 3, water tower and water line cleaning improvements. 1.02. The Zone 7A 2004 Street Reconstruction Improvements, the Zone 7B/lA 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 City Council Minutes November 13,2006 Page 28 00! 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 fmance 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: 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 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 "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 "Improvement Bonds") maturing in the amounts and on the dates set forth below are being issued to fmance the Assessable Improvements: 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 fmance the Utility System Improvements: City Council Minutes November 13,2006 Page 29 of 3 I 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. 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 refusal, 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. City Council Minutes November 13, 2006 Page 30 of 3 I (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 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 Date of Rate Maturity Original Issue CUSIP February 1,20_ December 7,2006 Registered Owner: Cede & Co. City Council Minutes November 1 3, 2006 Page 31 of3 1 The City of Columbia Heights, Minnesota, a duly organized and existing 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 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 [mancial 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. 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, Milmesota, 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 in the original document.