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HomeMy WebLinkAboutJanuary 22, 2007 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA TION Mavar Gary L Pelerson Coulicilmeiilbefs Robert A. Wi/liams Bruce Nawrocki Tammera Ericson Diehm Bruce Kel::enberg Cltv Mana"er Walter R. Fehst 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600TDD (763) 706-3692 Visit Our Website at: IVlVw.ci.columbia-heigJlls.mll./Is The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, January 22, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only) OATHS OF OFFICE administered by the Deputy City Clerk to the Mayor and Councilmembers - Gary Peterson, Tami Diehm, and Bruce Kelzenberg 1. CALL TO ORDERlROLL CALLIINVOCA TION Invocation by Pastor Dave Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - Metropolitan Council Livable Community Grant presented by Tony Pistilli, Metropolitan Council C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: I) Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting MOTION: Move to approve the minutes of the January 8, 2007 regular City Council meeting as presented. P6 2) Accept Boards and Commissions Meeting Minutes A) Accept minutes of the January 2,2007 Library Board meeting. PI6 3) Establish Work Session meeting dates for January 29 and February 5, 2007, beginning at 7:00 p.m. in Conference Room 1 and Commission interviews prior to the February 5, 2007, meeting. PI8 City Council Agenda January 22, 2007 Page 2 of 5 MOTION: Move to establish Work Session meeting dates for January 29 and February 5, 2007 beginning at 7:00 p.m. in Conference Room 1 and Commission interviews prior to the February 5, 2007 meeting. Upcoming Work Session Items: January 29 - Liquor Store discussion and establish work session dates for 2007 February 5 - Contract for Architectural and Construction management services for the new Liquor Stores, City Newsletter - review options other cities use, discussion with the Library Board - future of the Library, review refuse/recycling operations and proposed changes 4) Establish date for the 2007 Local Board of Review PI9 Move to establish the date for the Local Board of Review meeting for Monday, April 16, 2007, at 7:00 p.m. in the City Council Chambers. 5) Appoint Mayor and City Manager to Fire Department Volunteer Relief Association Board of Trustees for 2007 P20 MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Fire Department Volunteer Relief Association Board of Trustees for 2007. 6) Appointment to the Traffic and Telecommunications Commissions MOTION: Move to appoint Kevin Doty to the Traffic Commission for the vacant term to expire April 2009 and appoint Robert Peltier to the Telecommunications Commission for the vacant term to expire April 2007. 7) Approve premises permit application Class B for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Sarna's Grill MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Sarna's Grill, 3939 University Avenue NE, Columbia Heights, MN; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 8) Approve the items listed for rental housing license applications for January 22.2007 MOTION: Move to approve the items listed for rental housing license applications for January 22, 2007. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for January 22,2007 as presented. 10) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 120048 through 120236 in the amount of$I,798,239.77. 6. PUBLIC HEARINGS A) First Reading of Ordinance No. 1520, being an Ordinance amending Chapter 8, article II, City Code pertaining to Public Nuisances MOTION: Move to waive the reading of Ordinance No. 1520, there being ample copies available to the public. MOTION: Move to establish a second reading of Ordinance No. 1520 being an ordinance amending -2- P2I P26 P36 P38 P40 P49 City Council Agenda January 22, 2007 Page 3 of 5 Chapter 8, Article II ofthe City Code of the City of Columbia Heights pertaining to public nuances for February 12,2007 at approximately 7:00 p.m. in the City Council Chambers. B) Adopt Resolution No. 2007-09, being a Resolution for abatement of violations at 4420 3m Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-09, there being ample copies available to the public. P60 MOTION: Move to adopt Resolution No. 2007-09, a resolution of the City Council of the City of Columbia Heights declaring the property at 4420 3rd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C) Adopt Resolution No. 2007-10, being a Resolution for abatement of violations at 4141 Jefferson S1. P63 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-10, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-10, a resolution of the City Council of the City of Columbia Heights declaring the property at 4141 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D) Adopt Resolution No. 2007-1 L being a Resolution for abatement of violations at 4544 Stinson Blvd. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-11, there being ample copies available to the public. P66 MOTION: Move to adopt Resolution No. 2007-11, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544 Stinson Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution No. 2007-12, being a Resolution for abatement of violations at 4121 4th S1. P69 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-12, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-12, a resolution of the City Council of the City of Columbia Heights declaring the property at 4121 4th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F) Adopt Resolution No. 2007-13, being a Resolution for Rental Housing License Revocation at 1211- 1213 Cherry Lane P72 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-13, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-13, Resolution of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1211-13 Cheery Lane N.E. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First reading of Ordinance 1521, rezoning ofa portion of the property at Lot 124A. Block 1 Huset Park from MXD to R-2A MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to the public. P75 -3- City Council Agenda January 22, 2007 Page 4 of 5 MOTION: Move to establish a second reading of Ordinance No. 1521, being an ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at approximately 7:00 p.m. in the City Council Chambers. 2) Approval of Final Plat, CUP for assisted living facility, parking setback and stall size variances. 2101 37th Avenue. MOTION: Move to waive the reading of Resolution 2007-14, there being ample copies available to the public. P79 MOTION: Move to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake Addition, subject to the conditions outlined in Resolution No. 2007-14. MOTION: Move to waive the reading of Resolution 2007-15, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-15, approving a Conditional Use Permit for an assisted senior living facility located at 2101 37th A venue, subject to the conditions outlined in Resolution No. 2007-15. MOTION: Move to waive the reading of Resolution 2007-16, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance for the Comforts of Home parking lot. MOTION: Move to waive the reading of Resolution 2007-17, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-17, approving a 19-foot front yard setback variance for hard surface parking for the Comforts of Home parking lot. B) Bid Considerations -none C) Other Business 1) Elected Official Out of State Travel request P13 0 MOTION: Move to approve attendance of Mayor Peterson at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. 2) Elected Official Out of State Travel request P131 MOTION: Move to approve attendance of Council member Kelzenberg at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. 3) Elected Official Out of State Travel request P132 MOTION: Move to approve attendance of Councilmember Nawrocki at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, -4- City Council Agenda January 22, 2007 Page 5 of 5 as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. 4) Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments. MOTION: Move to appoint , as 2007 Council President. P133 MOTION: Move to approve the recommended 2007 Council Staff Liaison Assignments. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT 4{~~ Walter R. est, ity Manager WF/pvm -5- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 8, 2007 THESE MINUTES HAVE NOT BEEN APPROVED. 5. A - \ The following are the minutes ofthe regular meeting of the City Council held at 7:00 p.m. on Monday, January 8,2007 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, and Councilmember Kelzenberg Absent: Councilmember Diehm Pastoral Minister Lorraine Mell, Immaculate Conception Church, gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add Council appointment of the Council President and Council Commission Liaisons, his request to attend the National League of Cities conference, and to give information on EDA action to authorize staff to seek legislative approval to change the TIF law for Central A venue to extend, for housing improvement purposes, the TIF district for 25 years. Peterson stated that those three items would be taken up at the next work session, as Councilmember Diehm, City Manager F ehst, and Community Development Director Streetar are not present. Peterson asked for a motion to put these items on the January 17,2007 work session meeting. Motion by Williams, second by Kelzenberg, to have the discussions for TIF legislation at the next work session and it then be brought to the Council. Upon vote: All ayes. Motion carried. Nawrocki stated that the TIF item would only be informational and requested it be discussed at this meeting. Peterson stated that he would be more comfortable with staff and Councilmember Diehm present. Mayor Peterson removed items 6F, 60, and 6H, as the rental license requirements have been fulfiiied. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Peterson stated that he would be presenting a check from the Columbia Heights Activity Fund for the Afghanistan school supplies collection. The Activity Fund agreed to match the $875 raised, for a total of $1,750, to buy these supplies. Nawrocki stated that at 4341 Tyler Place, which was removed from the agenda, the back of the property has a lot of junk on it. The vat was overflowing. CONSENT AGENDA Linda Magee, Assistant to the City Manager, took Councilmembers through the Consent Agenda items. Nawrocki requested to remove item #8 for discussion. 1) Approve City Council Meeting Minutes for December 11. 2006 regular City Council meeting Motion to approve the minutes of the December 11, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the December 5, 2006 minutes of the Library Board meeting. -6- City Council Minutes January 8, 2007 . Page 2 of 10 b) Motion to accept the January 3,2007 minutes ofthe Planning and Zoning meeting. 3) Establish Work Session meeting date for Wednesday, January 17,2007, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Wednesday, January 17,2007 beginning at 7:00 p.m. in Conference Room 1. Work session items: 1. Utility Rate Study Update 2. Hart Blvd trail & trail connections/road closure (37-39th) 3. Land lease of675 37th Avenue 4. Ordinance to amend the Public Nuisance Article of City Code 5. Proposed purchase of three emergency generators 6. Council Liaison review 7. Request to attend National League of Cities Conference 8. Traffic and Park and Recreation Commission appointment review 9. Central Avenue TIF extension legislation 10. Liquor store update 4) Establish a public heann!! date regardin!! basic service programming and equipment rates and installation char!!es Comcast calculated in March 2006 rate filing Motion to establish a public hearing date of Monday, February 12,2007, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2006, rate filing. 5) Authorization to seek bids for 2007 Miscellaneous Concrete Motion to authorize staff to seek bids for 2007 miscellaneous concrete replacement and installation project. 6) Blanket Purchase Orders for 2007 Purchases Motion to authorize staff to process 2007 blanket purchase orders in an amount not-to-exceed the 2007 budget amounts for: a. De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract b. Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement 7) Approve the Anoka County 2007 Residential Recycling Program Agreement Nawrocki questioned where these funds would be used. Magee stated it reimburses the City for recycling and waste abatement activities including residential recycling, drop off recycling program, and special collection of problem materials such as tires, oil filters and fluorescent bulbs. Kevin Hansen, Public Works Director, indicated it helps to pay for recycling at the Public Warks Service Center and disposal fees. Magee stated reimbursement is for up to that amount, and is submitted twice during the year. Last year we were reimbursed $47,755.10 based on the funding formula. Motion to authorize the Mayor and City Manager to enter into the 2007 Agreement for Residential Recycling Program to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $45,204.72 available as reimbursement for eligible expenses. -7- City Council Minutes January 8, 2007 Page 3 of 10 8) Adopt Resolutions 2007-07 and Resolution 2007-08. being Resolutions declaring intent to reimburse expenditures from proceeds of bonds to be issued for municipal liquor stores on Central Avenue and 3 7th Avenue. - removed 9) Reapl'oint Commissioners to Economic Development Authority (EDA) Motion to approve the reappointment of Mayor Peterson and Council Members Diehm and Kelzenberg as EDA Commissioners. 10) Real'Point Commissioners to the Housing and Redevelopment Authority (HRA) Motion to approve the reappointment of Council Members Diehm and Kelzenberg and Commissioner Ecklund as HRA Commissioners. 11) Approve the items listed for rental housing license applications for January 8. 2007 Motion to approve the items listed for rental housing license applications for January 8, 2007. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 8, 2007 as presented. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 119707 through 120048 in the amount of$I,461,488.08. Nawrocki stated the bills include payment for the employee holiday luncheon. He asked why we do not hire a local tax paying business and stated he was informed that the caterer used was not the low bid. Magee stated that staff is planning the Board and Commission dinner and we are including the local caterer in the bidding. Peterson stated that Tinuccci' s has done a wonderful job for the last four years and that the low bidder may not be the best. Nawrocki stated that the caterer across the street from City Hall also does a wonderful job. Motion by Kelzenberg, second by Williams, to approve the Consent Agenda items, with the exception of item #8. Upon vote: All ayes. Motion carried. 11. Adopt Resolutions 2007-07 and Resolution 2007-08, being Resolutions declaring intent to reimburse expenditures from proceeds of bonds to be issued for municipal liquor stores on Central Avenue and 37th Avenue. Nawrocki stated that this has doubled the debt of the community and asked the anticipated bond amount. Bill Elrite, Finance Director, stated the bonds would not exceed $5 million, but are estimated in the area of $4 million. Nawrocki stated that at the end of 2005 we put $3 million in an Activity Center fund. Since we do not know what will happen with that, we should use the liquor funds that were put in the Activity Center fund for the liquor stores. Motion by Nawrocki to not go ahead with municipal liquor store bonding and instead use what is left of the $3.9 million set up for the activity center to fund the liquor store proposals. Williams stated that funds were set aside for gym space and he does not feel it would be fair to go back on that. He asked if there are extra liquor funds available. Elrite stated there is $1 million in reserves. There was $500,000 set aside for the community center. The resolutions proposed only reserve the right to bond and do not commit to bonding. Nawrocki questioned if a consultant would be hired prior to receiving bids. Elrite stated no. The plan is to close on the properties, demolish the structures, obtain architectural bids, and come up with final costs prior to final bonding. That should -8- City Council Minutes January 8, 2007 Page 4 of 10 be three to four months from now. Nawrocki questioned how the land purchases would be paid. Eirite stated that the purchases would be done with current balances and internal loans. Nawrocki questioned where the funds would be borrowed from. Elrite stated from the Capital Equipment fund. Peterson called for a second to the motion. Motion died for lack of a motion. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-07 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-07 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City tor a municipal liquor store on Central Avenue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-07 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL LIQUOR STORE ON CENTRAL AVENUE WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be fmanced temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: I. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the construction of a municipal liquor store on Central Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $3,000,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. I .50-2 and any successor law, regulating or ruling. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-08 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-08 being a resolution declaring the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for a municipal liquor store on 37th Avenue. Upon vote: All ayes. Motion carried. Nawrocki stated he did not vote against the motion for the Central Avenue bond as the majority of the Council previously voted in favor of the property purchase. RESOLUTION NO. 2007-08 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL LIQUOR STORE ON 37th AVENUE WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be fmanced temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE cgy COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS City Council Minutes January 8, 2007 Page 5 of 10 FOLLOWS: 1. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the construction of a municipal liquor store on 37th Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $2,000,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg.1.50-2 and any successor law, regulating or ruling. PUBLIC HEARINGS A) Second reading of Ordinance 1519, being an Ordinance pertaining to rezoning of2101 37th Avenue Jeff Sargent, City Planner, indicated that this property is currently zoned GB and the change is to R3, Limited and multiple family residential. Council approved the first reading on November 13, 2006. In conjunction with the rezoning of the property, the Comprehensive Plan was changed and the Metropolitan Council approved the amendment in December. 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. Motion by Kelzenberg, second by Williams, to adopt Ordinance 1519, being an Ordinance pertaining to zoning and development Ordinance No. 1428, pertaining to the rezoning of a certain property located at 2101 3 7th Avenue NE. Nawrocki requested a review of the development and parking. Sargent stated those items would not be heard until the next Planning and Zoning Commission meeting. This Ordinance is just for the rezoning of the land. Nawrocki questioned the map of the area. Sargent stated there was a map included in the agenda packet that showed the rezoning of the property. The rezoning is consistent with the adjoining property. Sargent stated that the final plat has not yet been approved. Upon vote: All ayes. Motion carried. ORDINANCE 1519 BEING AN ORDINANCE PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 2101-37TH AVENUE NE SECTION I: WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; a!ld WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2006-241, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the proposed development is compatible with the proposed R-3, Limited Multiple Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. B) Continuance of Public Hearing to consider Re-assessment for 42nd Avenue Motion by Kelzenberg, second by Williams, to open the Public Hearing of the re-assessment for 233 -10- City Council Minutes January 8, 2007 Page 6 of 10 42nd Avenue for mill and overlay on 42nd Avenue and continue consideration to February 12,2007 at approximately 7:00 p.m. in the City Council Chambers, at the request ofthe party involved. Upon vote: All ayes. Motion carried. C) Adopt Resolution No. 2007-06. being a Resolution ordering and levying one mid-block light on Van Buren Street Hansen showed a map of the area being considered. The mid-block light request is by petition. Of the eight private lots, seven signed the petition. Hansen stated that the nine properties include the city lot, which is a storm water overflow, and would share in the assessment costs. Leroy Roll, 3946 VanBuren, stated he has lived there since 1952 and that there was a light on that pole, which was changed to the SW side of the parking lot. Their light was moved one block south. He stated that he has tried, since the light was moved, to have it replaced. He stated dissatisfaction with the requirements to do so. Sandy Sichak, 3938 Van Buren, stated this area is a dark hole, with problems of safety and loitering. This light will benefit the City and the residents. She stated it would be wonderful to have a light back on that pole. Nawrocki asked if we are assessing mid-block lighting in the rest of the city. Hansen stated that we do not for a single mid-block light. This request does not fall under our current policy. Motion by Kelzenberg, second by Williams, by to waive the reading of Resolution No. 2007-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-06, being a Resolution ordering and levying one mid-block light located on Van Buren Street, known as PIR 677-37. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-06 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR MID-BLOCK LIGHT NO. 677-37 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying lii1d cOl1fuming all other proceedings, heretofore had; Special Assessment for mid-block street light numbered 677-37 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7;00 p.m. on the 8th day of January 2007, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-37 for mid-block street lighting. Section 2. That this Council hereby fmds and determines that each of the lots and parcels ofland enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. -11- City Council Minutes January 8, 2007 Page 7 of 10 D) Adopt Resolution No. 2007-01, being a Resolution for Rental Housing License Revocation at 5045 Johnson Street Gary Gorman, Fire Chief, stated this is a single-family house. The house has sold and the renter is still living there. There has been no response from the property owner. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2007-01, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-01, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5AA08(l) of the Rental License held by James Dalkeafregarding rental property at 5045 Johnson Street. Upon vote: All ayes. Motion carried. RESOLUTION 2007-01 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by James Dalkaf (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5045 Johnson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, 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 December 4, 2006 of an public hearing to be held on January 8,2007. 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 November 21, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 4, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U5045 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. E) Adopt Resolution No. 2007-02, being a Resolution for Rental Housing License Revocation at 564 Huset Parkway Gary Gorman, Fire Chief, stated the property has sold and the tenant living at the property has not responded. Kelzenberg asked if there are many rentals in this area and stated his surprised that there were rental units in this new area. Nawrocki stated the rental percentage allowed is five percent. -12- City Council Minutes January 8, 2007 Page 8 of 10 1. K "un.. Pet"'r"nn ask"'''! if' tl,,,,..,,, "'as "'"yon'" n""'sent tA ..",nr"''''ent th'" nroperhy Thara 'wa" "AT l'llt.4.Jv.l.l. l.V IJV.1 " '\......U.l..1. ....u........l...... VY LUL U"" pJ.'-' UL LV l""'P vrJ 1. .. 1."" 1-' 11.. J.U\,,; \,..0 .;:) UUt.. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2007-02, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-02, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5AA08(1) of the Rental License held by Robert Machel regarding rental property at 564 Huset Parkway. Upon vote: All ayes. Motion carried. RESOLUTION 2007-02 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Robert Machel (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 564 Huset Parkway 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 November 27, 2006 of an public hearing to be held on January 8, 2007. 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 November 27, 2006, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 11, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3.That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 1I15A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U564 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. F. Adopt Resolution No. 2007-03, being a Resolution for Rental Housing License Revocation at 656 47 12 Avenue - Removed G. Adopt Resolution No. 2007-04, being a Resolution for Rental Housing License Revocation at 4919- 4921 Jackson Street - Removed H. Adopt Resolution No. 2007-05, being a Resolution for Rental Housing License Revocation at 4341 Tyler Place - Removed Nawrocki reiterated his comment that 4341 Tyler Place has junk in the back of the building. ITEMS FOR CONSIDERATION Nawrocki questioned discussing his attendance at the National League of Cities Conference. Peterson -13- City Council Minutes January 8, 2007 Page 9 of 10 stated that others have indicated interest in attending and it would be discussed at the work session. Peterson requested to re-address the work session to discuss moving up the time to 5:00 p.m. as two councilmembers need to leave at 6:30 p.m. Motion by Williams, second by Kelzenberg, to reconsider the work session time, Consent Agenda item A3. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to begin the January 17,2007, work session at 5:00 p.m. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager - nothing to report Nawrocki . 49th A venue, street from Grand Central Loft development, have asked for information when that was previously authorized. They built a burm along the property with tree plantings that puts an open ponding area in a person's backyard. They were told before the holidays that drain tile would be installed. There is also a steep incline on the west side of the property that should have a guardrail. This is a safety issue. If anyone would slide through the intersection they would go over the hill. Requested better information on what would be done to alleviate the resident's concerns and what were the original conditions agreed upon. . Auto repair place, 3841 3rd Street - there is a car without a valid license plate. . 47th Avenue - between Polk and Tyler, on the south side of the street, multiple unit buildings with dumpsters that are in bad shape. They should be cleaned up and placed further back on the property where they belong. . Home construction on Cleveland, south of 42nd, seems to be halted. What is happening there? Are we past the building permit time frame? Williams . Our ordinance states that the owners have to show progress on the Cleveland house and nothing has happened for about two months. Magee stated we would request an update from the Building Official. Peterson suggested speaking to the Building Official. Report of the City Attorney -Nothing to report. CITIZENS FORUM Deb Johnson, 4626 Pierce, stated they had all the windows replaced in their home, with the permit pulled by the contractor. She stated she set an appointment to have the inspector sign off on the work. He came and checked for smoke detectors in the bedrooms and egress windows. He did not look at the new windows. Peterson asked if the inspector was there during the installation. Johnson stated that he was not. Peterson stated he would ask the inspector about the inspection process. Lee Stauch, 1155 Khyber, stated his opposition to recent property purchases and the difference in the price paid versus the property tax value. Stauch referred to his discussion with the car wash owner regarding the new Taco Bell building and his concern that people would have to walk across a drive-through to get into the building. Stauch stated that there should be a formula for any propeliy purchased by the city to only pay a set amount above the property tax value. Stauch stated he wants to come in to the city offices and check the reserve fund balances. Peterson stated that the Finance Department has already presented that information at a public meeting, but he can get that information at City Hall. -14- City Council Minutes January 8, 2007 Page ) 0 of 10 COUNCIL CORNER Kelzenberg . Read from the Focus on the Values First "Value of the Month - Respect." Our Police Chief, Tom Johnson, submitted the article. Williams . There was a fire at the house across the street from his store. The owner sang the praises of our Fire Department. · Referred to a resident on Reservoir that purchased a home and then was required to make costly improvements to the property. We were not enforcing the ordinances we had, and now we are. The owner feels he is being harassed. It is unfortunate that people buying homes now have to bring them up to code. This is the reason that we need a point of sale ordinance. . Prayer for our health and respect for our citizens and one another. Nawrocki · As Council Liaison to the League of Cities, serve on the finance committee. City/League policies are available for review. Peterson . Looking forward to a good year with great things. . Don't take ourselves too seriously. . Don't forget our service men and women. . Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:22 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -15- 5-A- 2 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 2, 2007 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine Vesley, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader. Nancy Hoium was absent. It was moved, seconded, and passed to approve the minutes of the December 5,2006, Board meeting as mailed. Bill list dated 12/19/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 12/27/06, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 12/29/06, was reviewed. It was moved, seconded and passed that they also be paid. The 2006 accounting was reviewed Bill list dated 1/7/07, of 2007 bills was reviewed. It was moved, seconded and passed that they be paid. The 2007 accounting was reviewed. Old Business: 1. A site study update from the Activity Center Advisory Committee (ACAC) was discussed. Two possible option designs for 3 different sites were reviewed. Discussions by this group continue. 2. The Board discussed contacting Council members about a new Library building, and funding options. After much discussion it was decided to postpone any contact until after the joint meeting between the Foundation Board and the Library Board scheduled for January 8,2007. 3. The Board was reminded of the following policy changes effective January 2,2007: a. Rental videoslDVD's are now checked out for a seven-day loan period. b. There is no longer a grace period for overdue materials. c. Courtesy notices to patrons who have elected email notification are distributed 3 days prior to the due date. 4. The 2007 budget is approved. 5. Update on personnel vacancies was provided. Dan Marcou, evening supervisor, has resigned. Applications for the position closed on December 30th. Interviews for applicants will be conducted the week of January 8. -16- 6. 2006 year-end expenditures were discussed. There are still several figures missing from the accounting sheet. The report next month should be more accurate. 7. At the final City Council meeting of 2006 the following items were passed. a. Anoka County Library contract. b. Raises for the part-time Library employees. c. Final 2007 budget. New Business: 1. The closing of three Minneapolis Public Libraries was discussed. 2. Crossover use and monthly statistics for the months of August, September and October were reviewed. 3. The donation from Barbara Johnson was aclrnowledged. 4. The Board was updated on information about the "One Book, One County" program slated for February. The book is The Children's Blizzard. A poster and bookmarks are ready to go. There are book discussions scheduled at 4 different branches. The Swedish Institute will be presenting two special presentations: "The Immigrant Trunk" and "1870's School Room". 5. The Library has been named the beneficiary of another estate. The exact amount to be distributed is not lrnown at this time. 6. The donation policy will be reviewed at the next Library Board meeting. There being no further business the meeting was adj oumed at 8: 15 p.m. Respectfully submitted, --;L~~7U?'lU 717, 9iSc~ V Jeanine Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 -17- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2007 AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: Administration ITEM: Establish Work Session Meeting Date for Jan. 29, & Feb. 5, 2007 and commission interviews NO: BY: Walter R. Fehst DATE: January 18,2007 BY~.4 DATE: It is suggested to schedule City Council Work Session meetings for Monday, January 29, 2007 beginning at 7:00 p.m. in Conference Room I and Monday, February 5, 2007, beginning at 7:00 p.m. in Conference Room 1. It is also suggested to interview any interested EDA applicants prior to the recommended February 5th work session. RECOMMENDED MOTION: MOTION: Move to establish Work Session meeting dates for January 29 and February 5, 2007 beginning at 7:00 p.m. in Conference Room I and Commission interviews prior to the February 5, 2007 meeting. COUNCIL ACTION: -18- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2007 AGENDA SECTION: NO: -A-4 ORIGINATING DEPARTMENT: Administration CITY MANAGER'S APPROV AL ITEM: Establish Date for Annual Board of Review NO: BY: Walt Fehst DATE: February 17, 2007 Anoka County has requested that we select the date for the required annual Board of Review. The date tentatively agreed upon is Monday, April 16, 2007 at 7:00 p.m. in the City Council chambers. Staff recommends the Council adopt the following motion: Recommended Motion: Move to establish the date for the Local Board of Review meeting for Monday, April 16, 2007, at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: -19- CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Fire CITY MANAGER APPRO V AL NO: ITEM: s-!-\-~ BY: Gary Gorman NO: DATE: January 22, 2007 DATE: Background: State Statute 424a.04 mandates that the City Council annually appoint two trustees to the Columbia Heights Fire Department Volunteer Relief Association board of trustees. Under the Statute one of the trustees must be an elected official and the other can be an elected or appointed official. In the past the Mayor and City Manager have been the two trustees appointed to the board. Analysis/Conclusions: To maintain consistency, and to follow State Statute the Fire Department Volunteer Relief Association is requesting the City Council to appoint the Mayor and City Manager to the board of trustees. RECOMMENDED MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Fire Department Volunteer Relief Association board of trustees for 2007. COUNCIL ACTION: -20- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2007 AGENDA SECTION: NO: 5 - A - 0 ORIGINATING DEPARTMENT: Administration ITEM: Appointments to City Commissions BY: Walt Fehst DATE: January 11, 2007 CITY MANAGER'S APPROV AL BY: kr/j DATE: NO: Background: Mayor Peterson has recommended the appointment of: . Traffic Commission - Kevin Doty. · Telecommunications Commission - Robert Peltier Applications are being accepted for the Economic Development Authority through February 1st. Candidates will be interviewed prior to the recommended February 5,2007 work session. Recommended Motion: Move to appoint Kevin Doty to the Traffic Commission for the vacant term to expire April 2009 and appoint Robert Peltier to the Telecommunications Commission for the vacant term to expire April 2007. COUNCIL ACTION: .21. (8 CITY OF COLilldBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARDS(S) OR COMM1SSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: 1,2, 3, IF MORE THAN ONE) _TELECOMMUNICATIONS COM1vfISSION LIBRARY BOARD _ CHARTER COl\1Iv.ITSSION (Note: If applying for this X TRAFFIC COlvfMISSION commission, please indicate if you are a qualified voter: Yes No _ECONOMIC DEVELOP:MENT AUTHORITY _PARK. & RECREATION COM:MISSION HUMAN SERVICES COMMISSION _PLANNING & ZONING COM:MISSION _POLICEIFIRE CIVIL SERVICE COM:MISSION NA1vfE: HOME PHONE: Kevin Doty 76)-574--9606 HD:ME ADDRESS: ZIP CODE: 184-5 Fairway Drive 55421-2052 LIVED IN COLUMBIA HEIGHTS SINCE: 1999 PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) PRESENT EMPLOYER: Ci ty of' Minneapolis WORK PHONE: 612-490-5536 POSITION TITLE: Construction equipment operator EDUCATIONAL BACKGROUND: De La Salle High School, Associate of Arts Degre~ Anoka rtamsey Community College I CNIC EXPERIENCE: I -22- r PLEASE STATE BRlEFL Y WIfY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMlvfISSION FOR WHICH YOU ARE SUBlvllTTll-lG THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED; }ast Traffic Commissioner I AM NOT AVAILABLE FOR BOARD/C01v.f1v.fISSION MEETINGS ON THE FOLLOWING EVENlNGS (ClRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME ADDRESS PHONE 1. Ed Carlson 4130 - 5th t:it~ NE 2. Jo6anh Sturdevant 4848 - 7th St. NE 3. ! Joseph Goodman _H I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE AND CORRECT TO EST OF MY KNOWLEDGE. ~_ m application to: Deputy City Clerk City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 For Office Use Only: Date received: (2 - 0& 12-17-01 -23- r rl\ ~tI CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARDS(S) OR COMMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: 1,2,3, IF MORE THAN ONE) _ ~TELECO:MMUNICATIONS COM:MISSION LIBRARY BOARD _ CHARTER COMMISSION (Note: If applying forlhis TRAFFIC COMMISSION commission, please indicate if you are a qualified voter: Yes No _ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION _HUMAN SERVICES COMlv.fISSION _PLANNING & ZONING COMMISSION POLICE/FIRE CIVIL SERVICE COMMISSION NAME: /90 6 ..p y r E:, ;0 -R / 1/ --- Y'!, HOME ADDRESS: qJ- '7 W~ '-<'5 ~r N r.... LIVED IN COLUMBIA HEIGHTS S CE: I~' PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) ;/v7J ..., HOME PHONE: 7&i /ff7 -17-4 0 ZIP CODE: ,"5- 'f11- / PRESENT EMPLOYER: /V"'::::-,,,-,,/.= WORK PHONE: POSITION TITLE: S '--1/J ." r V I ~-)t: r I::::;.... T' (c/ '- J-r' C EDUCATIONAL BACKGROUND: 1t:>}eC I~~t/-" /)1.4".7/'"'1"'-' C-7 E /yC' j,,&"'7"\c~ CMC EXPERIENCE: Lye i1 ? Vt--- f;l S. c:- ~,' '11 '-' 1J.c. ~(f cf .:::7 'f e?l w -f' '-(;'t: /.1/ J 'fA 5,)} {o -A . C L &:-. ~ / j:- ;, '5 17~ d r Ce-/e-rfl"'5- 6 ,f (--# )L (t-n~fi.- t/'-'V"I' k / rc; ).. ~I.Yf -24- I ---- PLEASE STATE BRlEFL Y WIfY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICA nON AND WHY YOU FEEL YOU ARE QUALIFIED: IVC/J- k f.'c..- I' --" '-v' ~- &( ( (' u? I~ (' c/0'/7P / /" r- c Y' f~ TL.eJT ): ..s-f'I/'o.<~"'" ;: ~o~4" 'Y Y7(lr5 I f/1./' -, J.-J h ....p, ~ ~ v-.,.,. '1' c(' c. f ' . t- .... .... i.- ~7 I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENlNGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: :-.T.A1vfE l. ADDRESS PHONE I I ~. I. HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE ~ CORRECT TO THE BEST OF MY KNOWLEDGE. ~i'l/(L( (? ~~ ignature etum application to: eputy City Clerk ity of Columbia Heights ~O 40th Avenue NE :>lumbia Heights, :rvm 55421 63) 706-3611 TDD (763) 706-3692 For Office Use Only: Date received: r - () 7 :-17-01 -25- CITY COl.JNCrr.. LETTER Meeting of January 22, 2007 AGENDA SECTION: Consent NO. 5 - A -1 ORIGINATING DEP.A.RTMENT POLICE CITY MANAGER APPRO V AL: BY: ~. 1}., DATE: t" ITEM: Approval of Premises Permit Application Class B for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Sarna's Grill BY: Thomas Johnso~.., ~ DATE: January 18, 20~v \J NO: BACKGROUND The Columbia Heights Athletic Boosters Club, Columbia Heights, Minnesota, has submitted a premise permit application to hold legal gambling activities at Sarna's Grill, 3939 University Avenue, Columbia Heights, Minnesota. The Athletic Boosters will be conducting pull-tabs daily from 12:00 p.m. - 12:00 a.m. The Athletic Boosters Club has submitted a copy of the floor plan and lease agreement with Sarna's Grill, along with Permit Application for a new site, and permit fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Sarna's Grill, 3939 University Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mId 07-12 Attachments COUNCIL ACTION: -26- L:al~ \01 Ji ~ \ fiEIGHTS t t ~ \ \^! ~ RTHlEf/C ~oo~)rr~~ Columbia Heights Athletic Boosters 530 Mill Street N. E. Columbia Heights, MN 55421 January 12,2007 City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 RE: Application to conduct Lawful Charitable Gambling At Sarna's Grill 3939 University Avenue To Whom It May Concern: The Columbia Heights Athletic Boosters Club respectfully request approval by City of Columbia Heights to conduct Lawful Charitable Gambling at the Sarna's Grill 3939 University Avenue Columbia Heights, Minnesota. The Athletic Boosters will be conducting pull-tabs daily, 12:00 pm - 12:00 am I've enclosed a listing of board members, floor plan, and a copy of the lease agreement entered into by Sarna's Grill and Columbia Heights Athletic Boosters Club. A check of $250.00 is included to address investigation fee. If you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (763) 706- 3743. Sincerely, ~~ Aurora Johnston Gambling Manager RECE\VEO jAN 1 2 2007 COLUMbiA HEIGHTS POLlCEDEPAR1MENT -27- Columbia Heights Athletic Boosters Board of Directors CEO: Chad Joseph Lewandowski 6/1/73 President: Mark Joseph Vescio 7/12/67 VP: Marsha Ann Stroik 12/15/53 Secretary: Gary Lee Mayer 8/18/39 Treasurer: Carole Ann Holmes 4/16/64 Directors: Katheryn Ann Mayer 9/27/45 Jeri Lynn Cole 8/3/63 Sandra Kathryn Bornetun 1/24/58 Gary Lance Peterson 11/22/37 -28- ~~ f' I.J::; ~ ~ ~,'0~ r" , L." ! -29- ... " DINING Minnesota Lawful Gambling 5/06 LG215 Lease for Lawfui Gambiin Activi Page 1 of 2 Che~ appUcable item: V1. Lease for new application. Submit with new premises permit application. - 2. Renewed lease. Submit with premises permit renewal - 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ownership. Date effective _I.--J - 4. Amended lease · Checkthechange(s) in the lease: _Rent _Premises name _Boothlbar _Activity change _other Date that changes will be effective ---1.--J_ · Both parties must Initial and date all changes. · Submitchan esatleast10da s r1ortothechan e. anizalion name Chelik all activities that will be conducted: ~Pull..tabs _Pull-tabs with dispensing device _lipboards _Paddlewheel _Paddlewheel Wl'tn table _Bingo _Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation.. sales of gambling equipment by an employee Bar operation" sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that Is distinct from areas where food and beverages are sold. food and beverages are also sold. r-------D~~~;~~~~~~~~~~~~~~9a~mg-------i from a booth operation at this location? _ Yes _ No L______~---------- ________~_________J If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation .. Bar operation - Booth operation and pull-tab dispensing device .. Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 In total per month for all organizations at this premises. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. Complete one option: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 of gross profit Amount to be paid $ '-100.00 . Plus 0% to 10% of the gross profits maybe paid per month on gross profits over $4,000. Percentage to be palef' ~ % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits. Amount to be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Qption 0: 0 to 10% of the, gross profits per month from all lawful .. gambling activities held during bingo occasions, exduding barbingo. Percentage to be paid ----'- % Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confinn the comparable rate and all applicable costs to be paid by the organization to the lessor. Bar Bingo Rent _ Option F: No rent may be paid for bingo conducted In a bar. New Bingo Activity For any new bingo activity not previously Induded In a Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conducted. ~ -30- rr 22745 COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB, INC. CHARITABLE GAMBLING ACCOUNT I 530 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 PAY TO THE ORDER OFCITY OF COLUMBIA HEIGHTS Pay: Two Hundred Fifty And 00/100 :;: ! CITY OF COLUMBIA HEIGHTS MEMlj\,vestigative fee for new location-Sarna's III 0 2 2 7 ... 5 III I: 0 9 . 0 0 0 . :l 21: TWO SIGNATURES REQUIRED a;F ~SHED WITHIN 90 DA.YS 500..,~o~L~. ..........w I NORTHEAST BANK MINNEAPOLIS, MN. 612-379-8811 COLUMBIA HEIGHTS, MN -763-788-9351 COON RAPIDS, MN -763-784-3533 YOUR INDEPENDENT COMMUNITY BANK 17-13-910 Date: 1/12/2007 $ 250.00 -31- ~ DOLLARS " j >- ] Minnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 Organization information 8/05 Page 1 of 2 FOR BOARD USE ONLY Oleck# $ Gambling premises information Name of establishment where ambling will be conducted SIt Oty Township Not the mailing address. Do not..!!,.se2 P.O.:-b~ number:... _.J Street address where premises is located 3' . n own the building where the gambling will be conducted? If no, attach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank name Bank account number Address( es) in Minnesota of all temporary and permanent 0 site storage space for gambling equipment and records related to this site (may not be stored outside of Minnesota) Address (Do not use a P.O. box number) City State/Zip code Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed 8 hours. ~ Bealnnin9/Endina Hours ~ Be9inning/Endino Hours to to to to to to to to to to to to to to to to to to to to to to to to ., -32- LG214 Premises Permit Application Data Privacv The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board In conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disclosure of your social security number. If so, your social security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social seClllity number is found at 42 U.S.C. 405 (c)(i). Page 2 of 2 8/05 your premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your sodal security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. . Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Anance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agendes; anyone pursuant to court order; other individuals and agendes that are specifically authorized by state or federal law to have access to the Information; individuals and agendes for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the den~reV"ti~n o~nse. , . ~A ~ -u.vr+lh<!L.~~ Signature of Chief Executive Officer (Designee may not sign) Print name CJ/~ I_V....,.y.... rJ-l5l,_r':.J::~ . I If ItlD"} Date Required Attachments 1. If the premises is leased, attach a copy of your lease. Use form LG215 Lease for Lawful Gambling Activity. 2. Attach the resolution from the local unit of government (dty or county) which shows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee Is required. Make the check payable to the .State of Minnesota." Mall the application with attachments to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 NCJI1:: There Is a monthly regulatory fee of 0.1% (.OOl) of gross receipts from lawful gambling conducted at the site. The fee is reported on the Gl Lawful Gambling Monthly SUmmary and Tax Return and paid with the monthly tax report. Questions? Call the Ucensing Section of the Gambling Control Board at 651-639-4000. If you use a TIY, call the Board by using the Minnesota Relay Service and ask to place a call to 651-639- 4000. This form will be made available in alternative format (I.e. large orint. Braille) uoon reauest. ~ -33- Minnesota Gambling Control Board has issued Lawful Gambling License 02072 to Columbia Heights Athletic Boosters Club Effective Date: Jan 1 2007 Expiration Date: Dee 31 2008 Licensing Supervisor Chad Joseph Lewandowski Columbia Heights Athletic Boosters Club 530 Mill St NE Columbia Heights, MN 55421 Issued by: Minnesota Gambling Control Board Suite 300 South 1711 W. County Road B Roseville, MN 55113 "' -34- Minnesota Gambling Control Board has issued Gambling Manager License G-02072-004 Columbia Heights Athletic Boosters Club to Aurora Johnston Effective Date: Jan 1 2007 Expiration Date: Dee 31 2008 Licensing Supervisor Chad Joseph Lewandowski Columbia Heights Athletic Boosters Club 530 Mill St NE Columbia Heightsr MN 55421 Issued by: Minnesota Gambling Control Board Suite 300 South 1711 W. County Road B Roseviller MN 55113 .., -35- AGENDA SECTION: CONSENT 5 - A- ~ NO: ITEM: Rental Housing Licenses NO: CITY COUNCIL LETTER Meeting of Januarv 22, 2007 ORIGINATING DEPARTMENT: Fire BY: BY:J Gary Gorman DATE: January 22, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 22, 2007. COUNCIL ACTION: -36- Occupany J.D. 10160 12098- 10222 10152 10216 12080 20060 10220 10074 10003 30154 10001 20206 20160 10203 01/16/2007 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name MDC 2000 Ahmed Abdelhakim Russell Bednarski Stephen Burson Constanina Byers David Holton John Majewski Antonio Manjarrez Sunday Olateju Steve Peterson Boopendra Phalgoo Maria Romero Ron Sanford Mike Sowers Jon Williams Property Address 968 42ND 4518 FILLMORE 99941ST 3931 JACKSON 99941ST 65647 1/2 4995 Tyler 4800 4TH 4135 JEFFERSON 3805 2ND 4341 Tyler 563 38TH 4914 Tyler 1272 CIRCLE TERRACE 3922 ARTHUR 11 :44 -37- Page 1 CITY COUNCIL LETTER Meeting of: January 22, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: E-A.~ License Department APPROV AL ITEM: License Agenda BY: Shelley Hanson~ '\\ DATE: BY: 4~~ NO: DATE: January 18, 2007 - -/ ' BACKGROUNDI ANALYSIS Attached is the business license agenda for the January 22, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007, and a Tobacco License for Columbia Market, and a temporary WinelBeer license for Immaculate Conception for their Follies event February 16-18, 2007. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 22,2007 as presented. COUNCIL ACTION: -38- TO CITY COUNCIL January 22, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES * Royalton Htg 4120 85th Ave No. Brk Pk *Louis DeGideo Serv 21033 Heron Way, Lakeville *Corporate Mechanical 5114 Hillsboro Ave No, New Hope *Master Mechanical 1027 Gemini Rd. Eagan BLDG *St Paul Plumbing & Htg *Delson Plumbing *Nowthen Plumbing *Northridge Plumbing *Valley-Rich Co. *Roger Vadnais Plumbing Key MetaIcraft *Ryan Plumbing & Htg *Duall Service Cont *Corporate Const. Ser *Lawrence Signs *Install this Awning *Sign A Rama 640 Grand Ave, St Paul 1308 42 ~ Ave NE, CH 19960 Ferret St NW, Elk River 6960 Madison Ave W, Golden Valley 147 No. Jonathan Blvd. Chaska 4771 Bald Eagle Ave, Wht Bear Lk 8201 Pleasant Ave So, Bloomington 811 University Ave, St. Paul 636 39th Ave, Col. Hts 556 40th Ave, Col. Hts 945 Pierce Butler Rte, St Paul 5345 4th St N. Brk Center 1050 33rd Ave SE, Mpls POL CIGARETTErrOBACCO LICENSE *Columbia Market 4901 University Ave (Subject to Police Approval) $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $300 $300 POL WINE/BEER TEMPORARY LICENSE *Immaculate Conception 4030 Jackson St. Col. Hts. February 16-18, 2007 -39- 5 -A/1D CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: Jt\JviMJNYlj ~j" 1tJJ 7 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of biDs out of the proper funds, as listed in the attached check register covering Check Number J 100 '+2 through J'2- tr2-3h in the amount of $ Ii lqg, 2?ll. 7 7 . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -40- ACS FINANCIAL SYSTEM 01/18/2007 11:54:09 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title...... .01/22/2007 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date.. . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids....... .... Check Number. . . . . . . . . . . . . . . . thru thru thru thru 120048 thru 120236 proj ect. . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order........ ...... Bank....................... . Voucher .................... Released Date.... ........... Cleared Date................ thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y -41- ACS FINF~CIAL SYSTEM 01/18/2007 11 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT VIKING ELECTRIC SUPPLY CITY OF COLUMBIA HEIGHTS POSTAGE BY PHONE RESERVE LALA-NIOLA/J.L. MELEYCO PARNERSHIP NO 2 NORTHEAST BANK ACS FIREHOUSE SOLUTIONS ALLIED/BFI WASTE SYSTEMS F~ERICAN BOTTLING COMPAN ANOKA COUNTY TREASURER BELLBOY BAR SUPPLY BELLBOY CORPORATION BERLSON IMPORTS CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI CHOICE POINT SERVICES CITY WIDE WINDOW SERVICE COCA-COLA BOTTLING MIDWE DEX MEDIA EAST LLC EDLUND/DORINDA EHLERS & ASSOCIATES INC ENGQUIST/SANDRA EXTREME BEVERAGE FANTLE/KAREN FARNER-BOCKEN G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC IMMACULATE CONCEPTION CH J & S MARKETING JAMES/VAN JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS LUND/TIM MARGRON SKOGLUND WINE 1M MARK VII DIST. METRO FIRE, INC MINNESOTA WINEGROWERS CO MN REC & PK ASSOC - MRP MURRAY/DEBBIE NEEDHAM DISTRIBUTING CO NEXT DAY GOURMET NORDLUND/JOHN PETTY CASH - JOANNE BAKE PHILLIPS WINE & SPIRITS 120048 120049 120050 120051 120052 120053 120054 120055 120056 120057 120058 120059 120060 120061 120062 120063 120064 120065 120066 120067 120068 120069 120070 120071 120072 120073 120074 120075 120076 120077 120078 120079 120080 120081 120082 120083 120084 120085 120086 120087 120088 120089 120090 120091 120092 120093 120094 143.49 104,831.73 6,000.00 20,000.00 25,000.00 271,276.00 100.00 89,016.61 469.40 100.00 26.22 12,704.48 32.00 44,199.34 9,270.07 168.00 17.04 3,051.70 287.50 1,000.00 731.00 22.95 640.00 24.00 10,045.66 199.27 97.70 55,796.82 8,334.72 855.00 140.00 87.38 46,276.11 10,627.97 2,785.21 35.84 1,125.45 26,133.87 119.95 77.75 45.00 30.25 239.50 841. 35 41.30 99.17 3,649.47 -42- ACS FINANCIAL SYSTEM 01/18/2007 11 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT QUALITY WINE & SPIRITS SAM'S CLUB SHAMROCK GROUP/ACE ICE SPANNAUS/ALLISON TDS METRO COM TONG/AMY UPPGAARD/MARIE VERIZON WIRELESS VINOCOPIA INC WABASHA PROPERTIES WEBER/PAT WEINER/MELISSA WINDSCHITL/KEITH WINE COMPANY/THE WINE MERCHANTS WORLD CLASS WINE XCEL ENERGY (N S P) ARCH WIRELESS/METROCALL BAKER/JONELL BELLBOY BAR SUPPLY CITY WIDE WINDOW SERVICE COCA-COLA BOTTLING MIDWE EMBROIDERY & MORE FEHST/WALTER FSH COMMUNICATIONS, LLC GABLE/JOY GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO ICC JOHNSON BROS. LIQUOR CO. KOERNER/JAMES KROLL/LORRAINE LATAWIEC/MARY ANN MEDICINE LAKE TOURS MINNESOTA D.A.R.E.,INC MOELLER/KAREN NEXTEL COMMUNICATIONS PESSEK/GARY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SCHULDT/ARLENE SCOTT/LARRY SMAILAGIC/MIRNES TANTANELLA/BARBARA VERIZON - ATTN: PREPAY D WINDSCHITL/KEITH XCEL ENERGY (N S P) 120095 120096 120097 120098 120099 120100 120101 120102 120103 120104 120105 120106 120107 120108 120109 120110 120111 120112 120113 120114 120115 120116 12011 7 120118 120119 120120 120121 120122 120123 120124 120125 120126 120127 120128 120129 120130 120131 120132 120133 120134 120135 120136 120137 120138 120139 120140 120141 8,368.99 11.96 482.22 20.00 446.29 3.50 3.95 255.00 1,404.00 95.00 12.99 86.03 6.38 155.20 801.55 242.00 19,540.37 32.24 24.99 1,004.45 31.95 131. 90 366.17 418.90 58.58 37.00 264.77 6,596.40 115.00 54.55 80.00 37.00 500.00 1,666.00 590.00 130.12 357.12 475.00 29.05 2,529.01 25.00 252.30 250.00 475.00 67.75 387.34 4,460.89 -43- ACS FINANCIAL SYSTEM 01/18/2007 11 BANK VENDOR Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT YANG/YEE CITY OF COLUMBIA HEIGHTS ACE HARDWARE AID ELECTRIC SERVICE INC ALTO CONSULTING & TRAINI AMERICAN LIBRARY ASSOCIA AMERICAN MESSAGING AMERIPRIDE ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. BARNA GUZY & STEFFEN LTD BATTERIES PLUS - 028 BLUEMELS TREE SERVICE BUETOW AND ASSOCIATES IN BUREAU OF CRIMINAL APPRE CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CINTAS FIRST AID-SAFETY CONTRACTORS & SURVEYORS COORDINATED BUSINESS SYS CSC CREDIT SERVICES ELK RIVER FORD EMBEDDED SYSTEMS ENGINEERING REPRO SYSTEM ENVIRONMENTAL SYSTEMS RE FIDELITY SERVICES INC FLANAGAN SALES INC FLEX COMPENSATION, INC FRATTALONE COMPANIES INC FRIDLEY/CITY OF G & K SERVICES GENUINE PARTS/NAPA AUTO GRAND RIOS WATER PARK RE H & L MESABI HD SUPPLY WATER WORKS HEIGHTS ELECTRIC INC. HOLIDAY STATION HOME DEPOT #2802 HONEYWELL INC INSTRUMENTAL RESEARCH IN INTERSTATE POWERSYSTEMS IPC PRINTING KENNEDY & GRAVEN KIWANIS COLUMBIA HTS-FRI KIWANIS GOLDEN K FRID-CO KLEINFEHN/DAN 120142 120143 120144 120145 120146 120147 120148 120149 120150 120151 120152 120153 120154 120155 120156 120157 120158 120159 120160 120161 120162 120163 120164 120165 120166 120167 120168 120169 120170 120171 120172 120173 120174 120175 120176 120177 120178 120179 120180 120181 120182 120183 120184 120185 120186 120187 120188 AMOUNT 500.00 177,134.72 24.76 1,885.54 2,880.00 110.00 181.07 43.48 2,737.74 1,341.30 202.25 13,592.00 139.45 16,611.25 21.70 630.00 2,519.00 133.00 333.59 100.73 359.00 75.00 495.23 873.12 101.11 1,214.18 5,167.90 2,733.86 832.75 262.82 1,075.00 667.90 171.64 231. 47 1,522.20 615.56 46.00 1,500.00 23.41 18,861.25 621.15 202.49 95.88 6,549.10 500.00 500.00 293.01 -44- ACS FINANCIAL SYSTEM 01/18/2007 11 BANK VENDOR Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT LANO EQUIPMENT CO. MAC QUEEN EQUIPMENT CO. MAHCO MARSHALL CONCRETE PRODUC MARTIN-MCALLISTER MCGUIRE MECHANICAL SERVI MEDTOX LABORATORIES, INC MENARDS CASHWAY LUMBER-F METRO COUNCIL ENVIROMENT METRO EMERGENCY MANAGER' METRO FIRE, INC METROPOLITAN COUNCIL WAS MGIA MIDWAY FORD MINNEAPOLIS FINANCE DEPT MINNEAPOLIS FINANCE DEPT MINNEAPOLIS SAW CO. MINNESOTA LIBRARY ASSOC. MN DEPT OF LABOR & INDUS NATIONAL LEAGUE OF CITIE NORTHEAST BANK NORTHERN AIR NORTHERN WATER WORKS SUP OFFICE DEPOT OFFICE SUPPLY CONNECTION OLSON'S PLUMBING PIONEER PRESS POS PAPER.COM PREMIUM WATERS INC RDO EQUIPMENT RICOH BUSINESS SYSTEMS SCHELEN GRAY ELECTRIC SHERWIN WILLIAMS SISTER CITIES INTERNATIO STAPLES BUSINESS ADVANTA STAR TRIBUNE STREICHER'S GUN'S INC/DO SUN PUBLICATION THE CLEAN TEAM TKDA, INC TOUSLEY FORD TR COMPUTER SALES TWIN CITY AREA LABOR MGM VERIZON WIRELESS VIKING ELECTRIC SUPPLY VISU-SEWER CLEAN & SEAL WW GRAINGER, INC 120189 120190 120191 120192 120193 120194 120195 120196 120197 120198 120199 120200 120201 120202 120203 120204 120205 120206 120207 120208 120209 120210 120211 120212 120213 120214 120215 120216 120217 120218 120219 120220 120221 120222 120223 120224 120225 120226 120227 120228 120229 120230 120231 120232 120233 120234 120235 AMOUNT 119.14 366.76 30.00 6,030.08 700.00 2,500.00 29.66 383.29 10,741.50 75.00 160.35 68,308.19 50.00 1,320.54 70,565.53 54,163.56 84.60 375.00 3,400.89 1,377.00 452,588.00 685.50 1,498.46 2,282.46 150.63 40.00 100.10 59.48 23.16 60.77 2,313.08 171 . 15 1,318.79 357.00 81.43 459.20 169.90 29.70 1,251.38 1,016.75 926.55 2,416.01 300.00 6.10 106.86 10,016.28 25.40 -45- ACS FINANCIAL SYSTEM 01/18/2007 11 BANK VENDOR BANK CHECKING ACCOUNT ZIEGLER INC Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT 120236 22,111.75 1,798,239.77 *** -46- ACS FINANCIAL SYSTEM 01/18/2007 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 Check History 01/22/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 1,798,239.77 RECORDS PRINTED - 001007 -47- ACS FINANCIAL SYSTEM 01/18/2007 11:54:11 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAP PAGE GL540R FUND RECAP; FUND DESCRIPTION DISBURSEMENTS ---------------------------- 101 201 212 240 250 261 270 415 420 433 601 602 603 604 609 651 652 701 720 880 885 887 GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE LIBRARY COl, HGHTS AFTER SCHOOL ENRI TWENTY-FIRST CENTURY GRANT DARE PROJECT CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-WATER WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING PERMIT SURCHARGE PAYROLL FUND FLEX BENEFIT FUND 90,260.78 7,315.81 3,137.33 8,159.78 24.00 326.47 590.00 8,400.91 6,089.87 21,923.03 75,891.41 69,502.05 90,016.61 1,151.99 1,036,193.63 54,163.56 3,767.38 21,055.79 3,327.78 14,142.39 269,229.06 13,570.14 1,798,239.77 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS ------------------ ---- ---- BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,798,239.77 1,798,239.77 -48- CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPRO V AL No. ITEM: u>/\ Ordinance Change BY: Gary Gorman #%1- BY: ~ /; iC I; ~.I- .' No: DATE: January 10, 2007 DATE: Background: The Fire Department and Police Department are requesting minor changes to the existing Public Nuisances section of City Code. On the recommendation of the City Attorney the Fire Department no longer needs to send hearing notices out via certified or registered mail. A large percent of certified mail comes back unclaimed. This language will be changed. The Police Department is requesting to add graffiti to the list of Public Nuisances Affecting Peace and Safety. Graffiti was left out during the re-codification of the City Code. The Public Nuisance section of City Code is a better fit for its placement. Analysis/Conclusions: The change in how hearing notices are sent will speed up the process and provide the cost saving of celiified or registered mail. Graffiti removal needs to be added back into City Code and this ordinance will accomplish that. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1520, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish a second reading of Ordinance No. 1520 being an ordinance amending Chapter 8, Article II of the City Code of the City of Columbia Heights pertaining to public nuisances for Febmary 12, 2007 at approximately 7:00 p.m. in the Cit~y Council Chambers. COUNCIL ACTION: -49- ORDINANCE NO. 1520 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, CITY CODE PERTAINING TO PUBLIC NUISANCES The City of Columbia Heights does ordain: Chapter 8, Article II of the Columbia Heights City Code, which currently reads to wit: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost ~ 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perfoffil a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfOli or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-\va)', or ',vaters used by the public; or (C) Is guilty of c;my other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. ~ 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; -50- (H) All noxious weeds and other rank growths of vegetation upon public or private property; (1) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (1) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. ~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation ofIaw, and all liquor and other propeliy used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. ~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstmctions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface ofa sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstmctions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under such conditions as are permitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; -51- (H) All hanging signs, awnings and other similar stnlctures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (I) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (1) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or pem1itted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (R) The display of any advertisement, literature, poster, or sign of any kind on any telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constihltes a public nuisance under this section; and (S) All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Department, Building Official, City Planner, or other designated official shall enforce the provisions of this subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. -52- S 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice o/City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. 9463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. 9463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be tenllinated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may. after notice to the owner or occupant and an opportunity to be heard. determine that the condition identified in the notice of violation is a nuisance and further order that ifthe nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall detemline that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council -53- shall detemline whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately temlinated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. ~ 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. (B) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September I next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. S 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may detennine in each case. -54- Is hereby amended to read as follows: ARTICLE II: PUBLIC NUISANCES Section 8.201 8.202 8.203 8.204 8.205 8.206 8.207 Public nuisance defined Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances af1ecting peace and safety Duties of city officers Abatement Recovery of cost 9 8.201 PUBLIC NUISANCE DEFINED. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comf0l1 or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or this subchapter to be a public nuisance and for which no sentence is specifically provided. 9 8.202 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (G) The pollution of any public well or cistem, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (1) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. -55- S 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in such occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. S 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs oftrees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All unnecessary noises, odors and annoying vibrations; (E) Obstructions and excavations affecting the ordinary public use of streets. alleys. sidewalks or public grounds except under such conditions as are pemlitted by this code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use ofa public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (H) All hanging signs, awnings and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (I) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (J) Any barbed wire fence less than six feet above the ground and within three feet ofa public sidewalk or way; -56- (K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties; (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulation; (N) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located; (0) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (P) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (R) The display of any advertisement, literature, poster, or sign of any kind on any telephone or electric utility pole, or on a traffic sign or post erected on a public right-of-way constitutes a public nuisance under this section; and (S) Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance For purposes of this section, graffiti is defined as the unpermitted application of any drawing, inscription, figure or mark upon a structure, wall, rock, bridge, building, fence. gate, roadway, tree or other real or personal property, either privately or publicly owned. f81 (D All other conditions or things which are likely to cause injury to the person or property of anyone. ~ 8.205 DUTIES OF CITY OFFICERS. The City Engineer, Public Works Superintendent, Police Department, Fire Depa11ment, Building Official, City Planner, or other designated official shall enforce the provisions ofthis subchapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. -57- ~ 8.206 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to detennine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be tenninated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; summmy enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will pem1it a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall detem1ine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council -58- shall detem1ine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that such nuisance be immediately tem1inated or abated. If the nuisance is not immediately tem1inated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. 9 8.207 RECOVERY OF COST. (A) Persona/liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. (B) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. S 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. -59- CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY . MANAGER APPROV AL NO: 1o'B ITEM: Adopt Resolution For BY: Gary Gorman Abatement DATE: January 12,2007 NO: 2007-09 DATE: Declaration ofa nuisance and abatement of violations within the City of Columbia Heights is requested against Noel Alcantar regarding property at 4420 3rd Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the n:ading of Resolution No. 2007-09, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-09, a resolution of the City Council of the City of Columbia Heights declaring the property at 4420 3rd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -60- RESOLUTION 2007-09 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 Noel Alcantar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4420 3rd Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on December 12, 2006 the Fire Chief was notified that the City of Columbia Heights Public Works Department personnel had to shut the water offat 4420 3rd Street N.E. after the City receiving a complaint that there was water flowing out of the back door. The Fire Department was notified that a water condition existed at the property and responded to abate any immediate hazards in the structure. Entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made personnel turned the power off to avoid any electrical hazard due to the water condition. 2. That on December 12,2006 the Public Works Department to shut off the water, and secured the entry to the vacant house. 3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Secured the units on building to prevent unauthorized access. B. Shut water and power off to prevent any damage to the building due to cold weather. 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 4420 3rd 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 orthis 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. -61- ORDER OF COUNCIL I. The property located at 4420 3rd Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -62- CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ~C ITEM: Adopt Resolution For BY: Gary Gorman Abatement DATE: January 16, 2007 NO: 2007-10 BY:h~!! If, WlI DATE: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Debra Langel & Scott Brozek regarding property at 4141 Jefferson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. REcorv1rv1Er-~DED rv10TIOr-~: ~v1ove to close the public hearing and to \vaive the reading of Resolution No. 2007-10, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-10, a resolution of the City Council of the City of Columbia Heights declaring the property at 4141 Jefferson Street N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -63- RESOLUTION 2007-10 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 Debra Langel & Scott Brozek (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certifIed mail to the owner of record on December 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 l. That on December II, 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 December 28, 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 January 12,2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property. i. SEATS II. CAR REAREND III. TRUCK TOPPER IV. TAILGATE v. HOOD VI. TOOL BOX vii. MISC. CAR PARTS VIII. TIRES 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 -64- 1. That the property located at 4141 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 I. The property located at 4141 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. day of 2007 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -65- CITY COUNCIL LETTER Meeting of January 22, 2007 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: GD ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: January 16, 2007 NO: 2007-11 Declaration ofa nuisance and abatement o[violations within the City of Columbia Heights is requested against Ignacio Dominguez-Sanchez regarding property at 4544 Stinson Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Code. REcorv1rv1E1"~DED I\.10TIO'f\J: ~y1ove to close the public hearing and to \vaive the reading of Resolution No. 2007-11, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-11, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544 Stinson Boulevard N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -66- RESOLUTION 2007-11 Resolution ofthe 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 Ignacio Dominguez-Sanchez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4544 Stinson Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on December 13, 2006 the Fire Department was dispatched to 4544 Stinson Boulevard N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2. That on December 13,2006 the Fire Department paged out the Public Works Department to shut off the water, and board up the vacant house. 3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on tile. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Secured the units on building to prevent unauthorized access. B. Shut water and power otno prevent any damage to the building due to coid weather. 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 4544 Stinson Boulevard 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 -67- completed. ORDER OF COUNCIL 1. The property located at 4544 Stinson Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy ofthis order shall be served upon all relevant parties and parties in interest day of 2007 Passed this Otlered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -68- CITY COUNCIL LETTER Meeting of Januarv 22, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: /oS APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY~ /- Abatement , DATE: January 12, 2007 DATE: NO: 2007-12 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Guirela Pliego regarding property at 4121 4th Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution l'~o. 2007""12, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-12, a resolution of the City Council of the City of Columbia Heights declaring the property at 4121 4th Street N.E. a nuisance and approving the abatement of violations fi'of11 the property pursuant to City Code section 8.206. COUNCIL ACTION: .69- RESOLUTION 2007-12 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 Guirela Pliego (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4121 4th Street N .E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on December 13,2006 the Fire Department was dispatched to 412] 4th Street N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2. That on December] 3,2006 the Public Works Department to shut offthe water, and board up the vacant house. 3. That on January 5,2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Secured the units on building to prevent unauthorized access. B. Shut water and power off to prevent any damage to the building due to cold weather. 5. That all parties, includ ing 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 4121 4th 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, O!' tenant, as the case may be, have expired, or slIch rights have been exercised and completed. ORDER OF COUNCIL -70- I. The property located at 4] 2] 4th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -71- CITY COUNCIL LETTER Meeting of Januarv 22, 2007 ITEM: Adopt Resolution For Revocation BY: Gary Gorman BY:d AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire NO: f DATE: January] 6, 2007 DATE: NO: 2007-13 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ryan Foltz regarding rental property at ] 21] -13 Cheery Lane N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOtvHv1E~~DED tv10TIO~~: ~v1ovc to close the public hearing and to \vaive the reading of Resolution No.200?-13, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-13, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ryan Foltz regarding rental property at 1211-13 Cheery Lane N .E. COUNCIL ACTION: -72- RESOLUTION 2007-13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 27, 2006 of an public hearing to be held on January 22, 2007. 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 ]. That on November 21,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted seven 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 December 27, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 11,2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seven 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 fuliowing conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 1213 - Shall repair the loose sheetrock ceiling. Shall secure the piece of sheetrock, shall apply any sheetrock mud to the joints that need it. Shall sand and paint all/any sheetrock joints that need it. b. 1213 - Shall first repair the leaking shower in the lower bathroom. Shall repair the water-damaged walls near the shower by the lower bathroom. c. 1213 - Shall replace all missing kitchen cabinet/drawer fronts. d. Shall replace the missing soffit on the front and west side of the house. e. Shall replace the missing fascia on the west side and the front of the house. f Shall replace the missing shingles on the west side ofthe roof-front and rear. g. Shall repair or replace all rotted windows. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the -73- City Code, Chapter 5A, Article III 5AJ06 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F8030 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City CierklCouncii Secretary -74- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: January 22, 2007 AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions NO: I - A- \ ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: 1 st Reading: Ordinance 1521, Rezoning of a Portion of the Property at Lot 124A, Block 1, Huset Park from MXD to R-2A. BY: Jeff Sargent, City Planner DATE: January 17,2007 .( BY: '/4f!~, ,/~ i.1 '<;' " BACKGROUND At this time, the Huset Park Development Corporation is proposing to rezone the western 15-foot portion of Lot 124A, Block 1, Huset Park from MXD, Mixed Use District, to R-2A, One and Two Family Residential. This proposal will be the first step in ultimately subdividing this section of land from the remainder of Lot 124A, Block 1, Huset Park, in order to correct some encroachment issues. When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2-foot wide concrete strip, a 7-foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 - 38th Avenue were actually located on the property now controlled by the Huset Park Development Corp. The overall proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the encroachment issues. The property must be rezoned prior to the subdivision. The rezoning process requires a first and second reading by the City Council. Therefore, the second reading of Ordinance 1521, as well as the proposal for a minor subdivision of Lot 124A, Block 1, Huest Park will be scheduled to be heard at the February 12, 2007 City Council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to the public. Move to establish a second reading of Ordinance No. 1521, being an ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1521. site rnap COUNCIL ACTION: -75- ORDINANCE 1521 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO THE REZONING OF THE PROPERTY LOCATED AT LOT 124A, BLOCK 1, HUSET PARK SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Industrial Park site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizesthat the MXD, Mixed Use Developmentzoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R-2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development to R2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: ngtp A.f p~cC'gctp. ~~.- ~. . ~uU~b-' Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -76- LOMIANKI 3814 <.n<.n<.n<.n <.n <.n <.n <.n <.n<.n<.n<.ntTItTItTItTI tTI l- ./>. ./>. ./>../>. tTI<.n<.n tTI tTIOlOlOlOlOl--J--J --J 3812 r-J./>.0l<Xl ON./>. Ol <Xl Or-J./>.Ol<Xl ON ./>. CI) 3810 W 3808 I- 3806 I- > 01 01 01 01 01 01 01 01 3804 <( ~ ~ 01 0') 0') "'" a:> a:> 3802 :J 01 CO 01 W CO "'" 01 CO 3800 (9 38TH ~ 01 01 c.n c.n (J1 Ul Ul Ul 01 0 W ~ ~ c.n 0') 0') "'" 01 0 I\.) 0 0') 0 I\.) 0') I\.) 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M f J 22 2007 BACKGROUND: At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the construction ofa senior assisted living facility. They include a Final Plat Approval, a Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District, a Site Plan Approval, a 2-foot parking stall length variance, and a 19-foot front yard parking setback variance. The applicant has gone through the Preliminary Plat process to split the subject property located at 2101 - 3ih Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the location of a 52-unit assisted living facility to be constmcted and managed by Comforts of Home. The property has been rezoned to R-3, Multiple Family Residential to accommodate the proposed use of the land. The southern I-acre of land will be the location of a new municipal liquor store, owned and operated by the City. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-14, there being ample copies available to the public. Move to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake Addition, subject to the conditions outlined in Resolution No. 2007-14. Move to waive the reading of Resolution 2007-15, there being ample copies available to the public. Move to adopt Resolution No. 2007-15, approving a Conditional Use Permit for an assisted senior living facility located at 2101 - 3 ih Avenue, subject to the conditions outlined in Resolution No. 2007-15. Move to waive the reading of Resolution 2007-16, there being ample copies available to the public. Move to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance tor the Comforts of Home parking lot. Move to waive the reading of Resolution 2007-17, there being ample copies available to the public. Move to adopt Resolution No. 2007-17, approving a 19-foot front yard setback variance for hard surface parking for the Comforts of Home parking lot. Att l t R 700714 R 200715 R 200716 R 200717 P+ZR t F I PI ,!vi., . I ac Wlell s: es. _ - , es. - , es. - es. - I epor I ma a a erza s COUNCIL ACTION: -79- RESOLUTION NO. 2007-14 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101 - 3ih Avenue. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Hart Lake Addition THE APPLICANT SEEKS APPROVAL OF A FINAL 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 January 3,2007. 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 final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time of final plat approval. 2. The developer shall obtain a storm water permit from the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. -80- Resolution No. 2007-14 Page 2 Passed this _ day of January 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -81- RESOLUTION NO. 2007-15 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATT ORDWAY, LLC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: Lot North of2101 - 3ih Avenue LEGAL DESCRJPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pennit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District, and a Montessori School per Code Section 9.109 (G)(3)(h). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 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 offire, 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 detennined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent ofthe Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public -82- Resolution No. 2007-15 2 facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infoffi1ation 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 (]) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. P:1<;<;pn thi<; Ihv of hmllMV JOO? - ---.... - - .---.... - ---.,I ............. ..............---....;, -.......... . Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muswvitz, CMC Deputy City Clerk/Council Secretary -83- RESOLUTION NO. 2007-16 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the tollowing site: ADDRESS: Lot North 01'2101 - 3ill Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare ofthe community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel 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 ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. -84- Resolution No. 2007-16 Page 2 FURTHER, BE IT RESOLVED, that the attached 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 (I) calendar year after the approval date, subject to petition for renewal of the permit. Passed this _ day of January, 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -85- RESOLUTION NO. 2007-17 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0lD1) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City ofCoiumbia Heights Zoning Code at the following site: ADDRESS: Lot North 01'2101- 37th Avenue LEGAL DESCRIPTION: Lot I, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; 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 findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions ofthis 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. -86- Resolution No. 2007-17 Page 2 FURTHER, BE IT RESOLVED, that the attached 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. Passed this _ day of January, 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -87- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0101 DATE: January 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: Pratt Ordway, LlC LOCATION: 2101 - 3ih Avenue REQUEST: Final Plat Approval, Conditional Use Permit, Site Plan Approval, and Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the construction of a senior assisted living facility. They are as follows: 1. A Final Plat Approval. 2. A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i). 3. A Site Plan Approval. 4. A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). 5. A 19-foot front yard parking setback in the R-3 District per Code Section 9.109 (C). The applicant has gone through the Preliminary Plat process to split the subject property located at 21 01 - 3ih Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the location of a 52-unit assisted living facility to be constructed and managed by Comforts of Home. This property is in the process of being rezoned from GB, General Business to R-3, Multiple Family Residential. The second reading for the rezoning of this property will take place at the January 8, 2007 City Council meeting. Comforts of Home is an established company and currently operates assisted living communities in Hugo and Blaine, and nine communities in Wisconsin. There are also communities in White Bear Lake, Cottage Grove, Forest Lake, North Branch, Lino Lakes _RR_ City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 and Maplewood in development. Comforts of Home provides various types of senior housing and levels of care to its customers, but will focus on a senior assisted living facility in Columbia Heights. The proposed Comforts of Home building will incorporate a Montessori school as well. The school will be run independently from the assisted living facility, and will be located on the north end of the building. The southern parcel will be approximately one (1) acre in size. This property wili be a commercial pad and the location of a new City-owned liquor store. It should be noted that the Final Plat approval would plat the southern parcel. The southern parcel will not be taken into consideration in the site plan approvals for the Comforts of Home project, but will be reviewed by the Planning Commission with the construction of the City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan On December 29, 2006, the Metropolitan Council approved the Comprehensive Plan Amendment for the northern 2.47 acres devoted for the Comforts of Home building. The Comprehensive Plan was amended from a "Commercial" classification to a "Medium Density" classification. The Comprehensive Plan guides the Comforts of Home parcel as Medium Density, which is consistent with the proposed zoning of the land and the proposed use of the land as a senior assisted living facility. Zoning Ordinance The property at 2101 - 3ih Avenue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant is in the process of rezoning the northern 2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with a Conditional Use Permit. The R-3, Limited Multiple Family Residential District requires a minimum of400 square feet of land area for every one (1) unit for a congregate living facility. The proposed assisted living facility will have 52 units, requiring a minimum of 20,800 square feet of land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. The second reading of the ordinance to rezone the northern 2.47 acres of land for the Comforts of Home building will occur at the January 8,2007, City Council meeting. The City Council would be able to approve the proposed Conditional Use Permit and associated variances after the second reading of the rezoning ordinance has been approved. Page 2 -89- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 The zoning ordinance at Section 9.109 (G)(3)(i) requires a Conditional Use Permit (CUP) for any type of senior living facility in the R-3, Multiple-Family Residential District. The housing market for senior living facilities is high in the Twin Cities Metro Area. The Comprehensive Plan indicates that by the year 2010, an estimated 25.7% of Columbia Heights' population will be 55 years of age or older. A housing goal as listed in the Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the community. The proposed CUP would help supply senior housing and provide the life- cycle housing opportunities needed in Columbia Heights. The proposed project includes a Montessori School as well. All schools in the R-3, Multiple Residential District require a CUP. The approval of the CUP for the assisted living facility will also include the approval for the Montessori School under one resolution. As a condition of approval, Comforts of Home would have to inform the City of any change in ownership or change in occupancy of the space to be devoted to the Montessori School. In association with the CUP request, the applicant is also seeking the approval of two variances pertaining to parking purposes. The first is a 2-foot parking stall length variance. By obtaining this variance, the applicant would be able to configure the parking lot area in a manner that would promote good traffic flow, by not altering the location or size of the building. The total hard surface square footage would also be diminished, which would aid in the storm water management of the site. The second variance is a 19-foot front yard setback variance. As a function of the location of the building and a large storm water holding pond on site, the applicant's only alternative for the location of some of the parking stalls was a location 11 feet from the front property line. The proposed variance would enable the applicant to have good traffic flow throughout the site and would help facilitate a pedestrian link to a future pedestrian trail along the west side of Hart Boulevard. Site Plan MONTESSORI SCHOOL. The Little Voyagers Montessori School has entered into an agreement with Comforts of Home to locate their facility on site. The school will be attached to the north end of the Comforts of Home building and will be approximately 6,750 square feet in area. The compatibility of the Montessori and assisted living uses is strong. The school is planning to incorporate programs that integrate the two uses, and has good results with such programs in the past. PARKING. The City Code requires a minimum of 1 parking space for every 2 units in an assisted living facility. The proposed Comforts of Home building will have 52 units, requiring 26 parking stalls. The City Code also requires 10 parking stalls plus 1 parking stall for each classroom for a school. The Montessori school will have 5 classrooms, and the school in total will require 15 parking stalls. As a whole, the entire project will require 41 on-site parking stalls. The parking breakdown is as follows: Page 3 -90- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 USE PARKING REQUIRED PARKING PROPOSED Comforts of Home Montessori School 26 15 32 44 TOTALS: 41 76 The proposed plans indicate that there will be 32 underground parking stalls servicing the Comforts of Home building, and an additional 44 parking stalls at grade level for a total of 76 parking stalls on site. Being that the development is only required to have 41 parking stalls, the project will be adequately parked. LANDSCAPING. The City's landscaping requirements require a minimum of one tree for every 30 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape patterns in the area. The landscaping code also requires parking areas to have a minimum of 100 square feet of landscape area and 1 over-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of frontage along Hart Boulevard, requiring 12 trees planted in the front yard area. The proposed plan indicates that there will be 20 trees planted within the front yard of the property. There are also 44 above- ground parking stalls located on the property, requiring at least 2 over-story trees to be planted in the parking area. The proposed landscape plan indicates that there will be 12 over-story trees planted in the parking lot area. UTILITIES. The prior use of the property was for the Apache Theatre, which had been adequately served by all essentials services. The proposed utility plan has been reviewed by the City Engineer and was determined to be sufficient for the proposed use of the land. STORMWA TER MANAGEMENT. Initially, the applicant wanted to use rain gardens as a viable means of storm water infiltration and retention. The project would have incorporated three rain gardens throughout the site, ultimately filtering into a large holding pond on the southwestern portion of the property. After soil tests were preformed on the property, it was determined that the soils were heavily clay-laden, and not conducive to rain garden applications. The proposed plan indicates a biofilter system in place of the rain gardens. The biofilter consists of native plant materials tolerant of inundation and drought, with layers of sand and gravel to help filter out large particulate matters. At the bottom of the system is an 8" perforated underdrain outlet pipe that would pipe the water to the large retention pond on the southwest corner of the development. The retention pond was initially sized to accommodate the entire site plus the commercial property's rainwater runoff to the south. Given the topography of the land and the area restrictions, the initially proposed pond was very deep and would have required a retaining Page 4 -91- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 wall around its perimeter up to 12 feet in height. After discussions with the applicant, it was agreed upon to create a secondary storm water pond on City property west of Hart Boulevard. This would enable the proposed retention pond to be lessened in size and would increase its aesthetic appeal. The storm water retention pond system would still serve both the Comforts of Home property as well as the commercial pad to the south. The City Engineer has reviewed all storm water management systems and has approved all as acceptable. Park Dedication It is deemed necessary and consistent with sound city planning to provide in each new proposed plan or subdivision, areas for future development of park and recreational purposes. Each plat shall provide for a dedication to the city, an area not less than 10% of the total proposed area to be subdivided. The applicant may contribute the cash equivalent to the city for the Parks Capital Improvement Fund of the city. The cash equivalent shall be 10% of the market value of the tract of land of the newly created parcel. The park dedication fee for this project shall be $26,890. FINDINGS OF FACT Final Plat Section 9.104 (I) of the Columbia Heights zoning code requires that the City Council make each of the following 2 findings before approving a Final Plat: 1. The final plat substantially conforms to the approved preliminary plat. There are no signmcant changes between the approved Preliminary Plat and the proposed Final Plat, therefore the final plat conforms to the approved preliminary plat. 2. The Final Plat conforms to the requirements of S9.114. &9. 114 is the subdivision ordinance for the City of Columbia Heights. The proposed Final Plat conforms to all the requirements set forth in the subdivision ordinance. Conditional Use Permit Section 9.104 (H) of the Columbia Heights zoning code requires that the City Council make each of the following 9 findings before approving a Conditional Use Permit: 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. A senior assisted living facility is specifically listed as a conditional use in the R-3, Multiple Family Residential District. Page 5 -92- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 2. The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential housing. The use of a senior assisted living, 52-unit building is in harmony with this classification. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not impose hazards or disturbing influences on neighboring properties. An assisted living facility is tranquil in nature and the building itself will upgrade the current use of the land and complement the surrounding area. 4. The use will not substantially diminish the use of the property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished in any way with the proposed use of the land as a senior assisted living facility. 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. The use will be designed, constructed and operated by Comforts of Home. As a company, Comforts of Home ensures that their facilities are operated in a manner consistent with all state and local laws. The subject parcel and surrounding area are intended for redevelopment purposes. The proposed use would be compatible with the intended character of the area for this reason. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The existing use of the property is the abandoned Apache Theatre, which was adequately served by public facilities and services. The proposed use of the land will tie into the existing facilities on site to adequately serve the building. 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. Assisted living facilities generally do not generate an excess amount oftrafflc on the surrounding public streets. The proposed project would generate an additional 146 trips per day on average, and would increase the traffic volume by 6.5 vehicles per hour on average during the peak evening peak rush hour. Kevin Hansen, City Engineer, has reviewed the proposed plans and has indicated that the increase in Page 6 -93- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 traffic would be minimal and that the local and regional road networks would be able to accommodate the increase in traffic. The on site circulation of traffic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to better help the circulation. 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. The proposed use will cause a positive cumulative effect on other uses in the immediate vicinity. This area was one of the areas that the City Council wanted redeveloped. The proposed plan will get rid of an abandoned, unused theater and will replace it with a senior housing use needed throughout the Twin Cities metro area. 9. The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which is it located. Site Plan Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building setback. The proposed site plan will need 2 variances. One is a 2-foot parking stall length variance, and the other is a 19-foot front yard setback variance for hard surface parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The City's Comprehensive Plan guides this area for Medium Density Residential. The proposed use of the land for senior assisted living is consistent with the provisions of the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. There are no area plans for the project site. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Page 7 -94- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 The properties most affected by the proposed site plan are those properties to the east and north of the subject parcel. The applicant has placed the building in such a manner as to screen the remainder of the property from the east and the north. The parking setback variance requirement is along the western property line, in a location that does not pose adverse impacts to the surrounding properties. Variances Section 9.104 (G) of the Columbia Heights zoning code requires that the City Council make each of the following 5 findings before approving a variance. The following findings of fact pertain to both the 2-foot parking stall length variance and the 19-foot front yard setback variance for hard surface parking: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The building is placed in its proposed location in part because of state and local requirements for storm water management. Because of the natural topography of the land, the biofilter areas and storm water retention pond were placed in their proposed locations. The building itself is oriented on the property in a manner that would not hinder the location of the storm water management areas. As a result, the parking lot and parking stalls were configured to make the rest of the property usable and to promote adequate traffic flow throughout the project. The parking stalls were reduced to 18 feet in length to accommodate adequate drive aisle lanes and to decrease the amount of hard surface throughout the development. The parking lot setback was placed 11 feet from the front property line in order to promote better traffic flow throughout the project, and would still provide for adequate green space between the parking and the street curb. The orientation and placement of the building would make it difficult to locate the proposed parking in an alternate location. 2. The conditions upon which the variance is base are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The property has more frontage along Hart Boulevard than is has depth. Because of the configuration of the property, it makes it difficult to place the required storm water retention pond and associated features, the building, and the parking lot without encroaching on the property lines. The 2-foot stall length variance would ensure that the encroachment into the required front yard setback is not greater. The 19-foot front yard setback variance for hard surface parking is required because of the orientation of the building on the property. The orientation of the parcel is unique to this specific parcel. Page 8 -95- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The R-3 District has strict guidelines as they pertain to both building and parking lot setbacks. The strict guidelines force the building and parking lot areas to be confined to a specific area on the parcel. The City's R-4 District, which allows for a higher density use, has more lenient setback requirements for the building placement. The provisions of the article cause the difficulty in placing the required elements on the property without needing variances to do so. 4. The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential, which is consistent with the proposed use of the land as a senior assisted living facility. The variances are needed for accessory uses to the principal use of the land, so granting the variances would also be 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. The granting of the variances would not be materially detrimental or injurious to the public. The 2-foot parking stall length variance would enable better traffic flow throughout the development while decreasing the total amount of hard surface on site. This reduces the amount of rainwater to be collected into the retention pond, which ultimately ends up in Hart Lake. The granting of the 19-foot front yard setback variance for hard surface parking would not be materially detrimental or injurious to the public because the location of the parking lot is adjacent to the Hart Boulevard right-of-way. Across the street is Hart Lake, so neighboring properties are not affected. CONCLUSION The Apache Theatre site is an area that the City Council called out as one of the major redevelopment focus sites in the City. The proposed use of the land required a Comprehensive Plan Amendment, a Rezoning, a new plat, a Conditional Use Permit, a Site Plan approval and two variances, and is consistent with the type of use that would be beneficial to the city. Page 9 -96- City of Columbia Heights Planning Commission Pratt Ordway, LLC proposal January 3, 2007 Case # 2007-0101 RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the final plat in its entirety, based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The applicant shall pay a park dedication fee in the amount of $26,890 atthe time of final plat approvaL 2. The developer shall obtain a storm water permit from the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit to allow a senior assisted living facility and Montessori school in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3), based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori Schoo/to ensure the acceptability of the new use in the R-3 District. Motion: That the Planning Commission recommend that the City Council approve the 2- foot parking stall length variance per Code Section 9.106 (L)(7)(a). Motion: That the Planning Commission recommend that the City Council approve the 19- foot front yard setback variance for hard surface parking per Code Section 9.109 (C). Attachments . Location Map . Final Plat . Site Plans . Draft Final Plat Resolution . Draft Conditional Use Permit Resolution . Draft Variance Resolutions Page 10 -97- 2101 - 37th Avenue w s~ r.;1t$:J ." "" Hi Ei i ~"':l iil~":: (\1\ ATERW ...:::]-;9. ." ." 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We wouIdjust like to take a moment to express our appreciation to the Columbia Heights City staff for assisting us in our information gathering efforts and to the City Council for your willingness to consider our proposal. We at CLP Development and Comforts of Home feel that our concept plan can add not only value to the city, but amenities to the surrounding community as well. As you will see, our development is built around a senior community in which various . types of senior housing are available and all levels of care service are provided to a gro\.ving and truly underserved group of people not only in' our community, but those that surround us. CLP Development and Comforts of Home currently operate assisted living communities in Hugo and Blaine with communities in Champlin, North Branch, Lino Lakes, White Bear Lake, and Maplewood in development. We also o\.\ln and operate nine communities in Wisconsin with more under development. We feel that our track record in development, o\.vnership and operation of senior communities support our ability to provide such a community to the city of Columbia Heights. Our development partners are of the highest caliber and we feel very strongly that our development can be very successfui and tcuiy an asSc:t iO the city and surrounding COiiI.lllunity. O.....uership and operations \vill be locally o"'med and managed, \\'hich \\ill benefit the local economy. We at CLP Development look forward to working \\'ith the city to provide the finest senior community in the Twin Cities. .99. , o o ~ , Background . Business: Comforts of Home Holdings, LLC. . What it DOI~: Builds, owns and operates assisted Ih.ling and senior housing properties in several locations in Wisconsin and Minnesota. . Location: l\IIain office is in White Bear Lake, Minnesota. . Founded: 1999. -101- Background . Employees;: About 140 full-time/part-time. . Company ()wns the trademark and federal registrationl fora~its 2!:.Hon1e . Revenue 2006: In excess of $5 million. . Profitability: The Company has operated profitably since 2000. . Expansion: We plan to open 2-3 new buildings a year for the next L:8 years in Wisconsin and Minnesota. -102- Background .. Competitive Advanta~: Compare lJS to other assisted living and senior housing companies and you'll find that we charge between $500 and $3,000 a month less than our competition. That's bet,-",een $6,000 and $36,000 a year! More impol1antly-compare us to others and find that the quality of service with us is a whole lot better. -103- Background . How do we do it? The answer sounds simple, yet it takes effort and skill to accomplish. 1. We keep our corporate overhead very low. We don't have layers and layers of people that don't directly assist seniors and their families. We don't have any vice presidents, directors, regional managers, etc. etc. This allows us to offer our excellent housing and care at an affordable cost. -104- Background 2. We've got the best house managers around. They're excellent leaders who have a lot of people looking up to them for answers, service and carE~. Our house managers are extremely good at 'Nhat they do. 3. We don't overbuild our properties. We know exactly vvhat seniors and their families want for their living spaces. -105- Key Points . We've crealted something that people want. This is maeie clear by the profitability of the company. Our census for all houses open at least a year is between 920/0 and 100%. The uncon~ventional nature of our company allows us t() be profitable at between 650/0- 75% occup'ancy. Each new house we have opened ha~s been profitable within 3-9 months of ()pening. -106- Key Points · Our business has two separate components; real estate and operations. Each of these pieces, standing alone, has proven to t~e profitable and recession- resistant. -rogether, they create a winning combination for the business and the people we serve. -107- Key Points · Our experiE3nce has shown that the business is. recession resistant. Seniors still need housing and assisted living services, regardless of what the economy is doing. We've add~9d several profitable locations between 1 ~~99 and 2004, during a difficult period for rnany other companies. -108- Key Points · Seniors ne'ed housing and elder care services to,day, and as the numbers make clear, will allso need housing and services well into th~e future. The demand for the housing and services is not based on a passing farlcy or fad. Instead, it's based on fundamentally sound principles and business demographics that won't be going "out of styIE~" anytime soon. -109- The Development Plan . The compclny continues to build a strong regional organization in the following markets: MARKET Chippewa Falls, WI (I) Chippewa Falls, WI (II) Baldwin, WI St. Croix Falls, WI (I) St. Croix Falls, WI (II) Hugo, MN Frederic, WI Hudson, WI Chippewa Falls, WI (III) Blaine, MN River Falls, WI (I), (II) and (III) Brainerd, MN Rochester, MN TIMING Opened 1999 Opened 2000 Opened January 2003 Opened June 2003 Opened May 2004 Opened September 2004 Opened December 2004 Open May 2005 Open September 2005 Open October 2005 Open Summer 2006 Open Winter 2006 Open 2007 -110- Conclusioln The company has proven to be good at making money from money. We feel that Comforts of Home is an excellent investrrlent and business opportunity. We say this based on: (1) our actual operating success, profitability, strength and experience in the assisted living and senior housing industry; and (2) the potential for gro\lvth supported by key demographics and other fundamental business indicators. -111- N ~ ~ c: , .- U) c: 0 (.) en .- ......... s ~ c: 0 U) -c ~ J: r:: co - - ,.., U)cao r:: ... U) OOCD OtJ>s:: U)CI)r:: -- r:: =!!III!II '.'::?- r:::E .;;;:;. -- ui':E s..: - "'CD n;~U) ,; LL Q) CD I..r::..c: , Q) -- U .... > E 0 ':-- ~ ....~ C1l 0) c 0- '"0 - 0- ::J CO 0) c os: ::J '"0 Q) +-' (J) Ow (J) <t: rh ~ ~ , \ \ \ \ \ \ \ \ \ \ ,"," .'1 HART LAKE ADDITION \ \ \ , \ , \ \ \ \ \ , \ ~ \ \ \ \ \ \ \ ; \ , \ , \ \ \ \ \ \ \ \ \ \ \ \ \ '\ \ \ \ \ \ \ \ , \ , \ , \ \ \ \ \ , \ , \ \ \ , \ J\ II ! ,.,./ / ....___,.r.... I , , I ____________-1' -- ---- t.? i~ : ..".....-/ I __ I I......" I 1__ I 1__ I LL.~Nt:1 I,... I UI'Urt IA!iII'BIf __________....- ~ --------------- ~-- ( - '"-14 .....J:sa -,---------- 78 SllllJ ---"'"' ~f'- SB~.:Jil,B.... ":0 :It C~R Of" 3f:c. 311 __ /' \ 2"JqO lPUfJ ~ l~~ H....D $ftu 1'lI:lN.nH~ ...f ~A-t~44.49. 5G\Jfl.llN;0l'1~21/4(N- ~ 5l!Sl"Ja'IIJ"W /~ ------------- ;:!:f-- :i7Tii ~,lva./~::i;~/i.';;~;T-- ,.- ----::'~t~- .... ------------------------------------------------_// '" .:.;! ji 0.... f8 SBfr3C1',S-, 380.30 !7 ... U:V:V r ;6 ~ .? (} '. .-, A eRES ~~ .~ r \ 0" ~~ ,::~ ft; 2NlJ 11 AD!}':Ti:"'}:'.:' 2 12 fa 'LAy - OUiOlUOlST,uu:(l'UTtfE ""'t~ WAlTOH'lSUNNY ACAnlHOAOPmON lflASUUlllD.. tltHOTU 0ISf.....a MfASUUO IN 1l1t flll.D -114- CITY OF COLUMBIA HEIGHTS COUN1Y OF ANOKA SEe. 36. lWP. 30 N. RNG. 24 W KNOW AU PERSONS BY TliESE PRESENTS: Prlltt-Ordwav. UC. a Minnesota Umhed UabllllY Company, owner of the rehowtng described property situated In the (ounry of Anob, Stale of MIMesota, to wit: LOTS 13 THROUCH 17, SlOCK 2, WAlTON'S SUNNY ACRES 2ND ADDITION, ANOKA COUNTY, MINNESOTA. Has caused the same to be surveyed and platted as HART LAKE AOOmON and does hereby donate and dedicate to the public for public use forever ~he easements for drainage and utillrv purposes only a5 shown on this plat in wttness whereof uld Pratt-Ordway. a Minnesota limited liability Company, has caused these presents to be signed by Its proper officer this _ day of _, Z007. Pralt-Dtdwey, UC. STATE OF COUNTY OF The foregoing Instrument was acknowledged before me this _ day of 2007, by as of Prau-ordway, u.c. a Minnesota Umned Liability Company, on behalf of lhe company. NOlilry Public _ County, Minnesota My Commission Explres_ I hereby cenlfy thai I have $wveyed and planed the property described on thb pial as HART lAKE ADOmON; that this plat Is a correa repruentatlon of the survey; tnal illl distinces are: correctly shown on Ihe plat in feet and hundredths of a foot; that all monuments haw been correctly placed In the ground as shown or wUl be placed In the ground .u designated; that the outside boundary I1nu ite (OlRctly deSigMted on said plat; and that therll: ate no wet lands as defined In Minnesota Statutes 505.02 Subd. 1, or public highways to be de.5lgnamd other than as shown on said plat. Oanlell. Thurmes.land Surveyor. Minnesota: Ucense No. ZS71a STATE OF MINNESOTA COUNTY OF WASHINCTON The foregoing Surveyor's Ceniflcate was acknowledged before me this _ day of Daniel L Thurmes. Land Surveyor. 200_. by Notary Public. Oakota County, Mlnnesolil My Comml$slon Expires January 31, 201 0 CITY COUNCIL OF THE arv OF COlUMBIA HEIGHTS This plat of HART lAJ{E AOOmON was approved by the City Council of the Oty of Columbia Helgnu, Minnesota at II. regular meeting thereof held Ihls __d,y 0'___.200_. If applicable the wrlnen comments and recommendations of the commissioner of transportation and the county highway engineer have been received by the citY or the prescribed 30 day period has l!lapsed Wllhout feee'pl of such comments and retommendallons, ilS provtded by MlnneSDUl Statutes, Section 505.03, SubdM~lon 2. By . Mayor By . Clerk ANOKA COUNTY SURVEYOR This plat has been approved this _ day of __.200_, By Larry D. Holum Anoka County Surveyor SCALE IN FEET hri....J . fllWN.\Cl AND UTIlJlY LUtMtNfl "If 511OWN'" TtIUS;. NOllTH SCAlE: I INCH.. "10 FEET O(NQTU 'OUND III JNOIIKOH MDHUMElft wauo AS SItDWI1 OEHOmlETllllHCtillKJN~ All NOflUNOltS IUQUIJ;EO IV MlHNlSQfA stATUlf. AHO fiClt SHOWtIIOttnUSJ'LAT, WlU.HSttWlTtIlHONETtMO' mE 'fCCIlUllNGOollEOf 'h1I5ft.AT, ANDSttAU.1l MIlllWUDIY" IlliIKH IV ,. ltfCH lION PII'E M.lb;ma.u. U711 l(lfI,C S lilllNwtOTtIAHDAD}OlItlHC AltLOltWUAfGIOflEfIrtWlOllf ."l)AllJOI~lIlCtiTarW"Y5. UltWS OlHtllWl2 StKMNOH lHlS ,,,,,. t CORNERSTONE '01 rnt fYlI'OUS Of llI4P1.At, llilwutHUNtOFTHt UlUltItA.SfQUARTUI 0' 1l1fSOlllltEAlTQUMn.CKHCJlDN 16, TOWI&4' lO, lAHCl H,lSASSlnoIlDm.....sl91alrw. LAND SURVEYING. INC PLAN LEGEND -€I- --6---;--lii:r "..-><- -'.1&0- (~ ~ o <D '" !IJ III -;j 51_4 o =:J .:~+ -960-- EXISTING SANITARY SEVt'tR AND l.tAHHlU: STOfW SEWER. I.l"NHOlf. C,llCH BASil" WATER NAJN. GATf_ VAlVE. HlDRNlT fORCE MAlN UNDERGROUND mLPHONt CABU: UHDtRGflOUNO ElLeTRIC CADLE UNOERGflOUND CABlE TV UNDERCROUHD f1fIER OPltC Cl.8LE UNDERCROllND CA5 NAfN OV(RH(AD EtLC1li:iC CMlLE FENCL INDEX CONTOURS lNlERMEDtATE COtITOURS COHCflE1E CURS AN[) CUTlER OEClDUOUS TREE CONlfEi1lOUS 'fREE UGHT POI..! ElECTRIC ',V..HHOL;: TEUPHONE MANHOLE ELEClRlC PEDESTAl ltlEPHDtIt ptDES1Al.. SlREET SIGN CUl"""T SOIL BORINGS WOODED AREA PROPOSED . SANITARY SEr.et AND MANHa.E STORM ~. M_4JiHOI..E" tATOt BASIN W"TER UAlN, HYDRANT, CAn:: VN..'IE COfTERUNE fUGHT-oF'-WA'f EASEMENTS SE:lBACKS SILT FENCE INDEX CONTOURS IfflERUEmAl'E CON1OURS HART LAKE. ADDITION ~ SITE IMFKOVEMENTS COLUM51A HEIGHTS, MINNESOTA SITE.. LOCATION MAr NOT TO SCAlE -115- SHEET NO. CO.l Cl.1 Cl.2 C:<.1 C2.2 C2.J CJ.I-CJ.3 ENGINEER HUMPHREY ENGINEERING INC. 2211 O'NElL ROAD HUOSON. ill 5<016 PHONE, 715.531.0525 FAX: 715.531.0520 5URVEYING CClRNERS10NE lANO S\JR\T:)1NG INC. SUITE 18100 .00 E- CHESlNUl STREET S1ILLWA TER. UN 55082 PHONE 651.275.8969 FAX 651.275.8976 MUNICIF AUTY CI'IY OF COUMIlIA HIEGHTS 500 40lH AVE NE COLUMBIA HElGHTS. UN 55421 (763) 706-:3600 FAX:: (763) 706-3601 5HEETINDE.X SHEEl CONTENT liRE PAGE ElOS'llNG SITE RadOVAL PlAN unulY PLAN GRAOING PlAN EROSION CONTROL PlAN VE'fAlLS i 0: ti 0 ~ ~ I [Ii . 0.. ~ ';0 ~8~~ ~"'" ~I!!g];!: :1".,0 ~u:~m fil~!;1~ ~m>::! (i!i' Iud niu Ihll -. \ ~ ~ ~ q c ~ ~ IC. .......;, E , ~;;, 8 ki~.r ~ t~.L 1 ~ ~ ~ -oJ Q~..i: "9 f~::t ~ ti z...A: ~'. .~()al ,~. IL.J ~ ~ -' ~ z 0 i= 5 a <(~~ uJ z ' ~ ~ ~ ~ AS ~ ~ ~ ~ I- i': I: <JJ I :E ~ IlJ I ~;;:j ~..J 1<( l- Lf- I:ii13H: I ii -'"""-- .>1lII.IL~ -- -- -- ~l'fO: 0475-OQ; ......'" JOt :caDIT; JRf liAtl!: 10.06JJf IIIft'TfO: I CO.l l NOTES. j ) .-'IIll.. ~.. ENf EOlllOfi OF THE M1UtiESOfA OEPMTMEHT OF 1lW'lSPORTAl1OH"5'fN1OARO 1lONS FOR COOSTRuc:TION" GO\IERHS EXCEPT AS MODIFIED BY me ClTV OF COlUfAalA OOES, OROIWINCES, SfNmAAOS AND SPECtACA T1ONS_ NSlALl,IhSPF.CT, MAlNfAIN N-O R1iUOVE,IU HECESSARYTRAFFIC COtlTROLSlGNJ,GE. ICCONTftDL OEVICESNm stGNAGE SlW.l CONfORM 10 AU. lOCAL, COUNTY AND:rrATI: O"fTROt.GUIOB..IiES,lNClOEtfTAI. TOPROJECT. INO t1T1l.J'N INFONMTIOH SHOWN ON THESE 0AA.~G3 IS uor Gi.lARAHlCEO TO Sl! iORAllIJ.lClUSM.. ctlHT.ru:TGCI?HER 5TATEDHECAlltlI5'..(~FORme Of ALlONDERGROUNlJWtRe$.CA8l..E5, CONDUITS, PIPES, VAlVE$. MAHHtt.ES.OR ;:urn STlWC'IURES BEFORE DIGGING. RS"AIR AAY OF 'lHE ABOVIl WHICH ARE. REMCIYEO .EO DURING c:JNSTJWCnON AT NO COST TO'fHl! 0INt>lER ilOCATIO.'II OF,lU UTlUTlES AND l..flVN COHHEcn0tt9 MUSTBE ViRlFED PAlOR'ro ING WORK. lOCATE. na.o vauF'l' AI<<) f'ROl'KT AU. ExISTING UTlJfES N<<> >ttlC FEATURES PillOR TO SiART OF mE COf.IS\'RUC'tlOti tw.EtJA.TEl.'fNCmFY'&E Of ~OlSCREf'ANCIES OR VAflIATlONS FROM lHEPlAH, .L NECl:SSIt.RY PERNmJ NID NOTlfY AU. UTlUTf COMPAHlfS WITH UTUlIES ON lim: ~ CONSTi!;UCTlON OF TlE PROJeCT, ADHeRE TO AlL N>f'UC..t,BI..r; lOCAl. ST"-Tf. DEAAllAWS FOft Nl'r COST lNQJRRED CUE TO THE DAMAGE OF SAJD \ITllJTIel. iURVeY NfO TOPOGAAPIiIC INfCIRAMTlON PROVIDED BY COfIroERS"TONE I.NC) J trK:. HUl\4f>HREY EHGINEEAINO ale. IS NOT RE"SPONSlOLE fOR llE ACOOAACY Of JON PROVIDED 8Y otHERS. \ , \. \., NOTES i. TOfllS RE:5PONSW.E fOR AU. HOfUlDNTAl. -"NO vemcAl COHTROl OHCEltE IT HAS SiWf ESTABlISHED BY ntE StJR\IE'YOR. .-.DDfTlOW\L COST FOR REST.'\KWG Ef"I.ACING OAW.GEO &TAXES IS THE IlESPONSlBUTY OF TlE CONTRACTOR. lJ.l'f N/t}UL TESTING TO INClUDE BUT NOTUtollTED TO SOIl, COlIFACnON lE5T1NG, 'UN Pf\E~.COI'C1UCTMTY,Jt,ND lJAClefl1A TEIS1lNG, SNm"NlY 2WEft lI'RDSUf:l; 'JREl TESTtNG. COHCRE'fi CtJR8 J.ND0IlnU SlMP\Jl'.lD AHDTES1lNO TO OCCUR"O N EVERY ~ AHOADOrTlCJN,tL TEST1NG DEBJEO tECE5SARY8Y THE arr ORENGIEER momoWL COMPetSATION.. ss MATERIAl. 8fl\JMIJ.IOUS SURFA.C.I<<J. CONCf1ETEtTEMB:, flDACNtD lIfUTYnEMS AHO .astJlJA81E WAlERW..S SHAU.8ECOME THE PROPERlY OF mE COHTRACTORAKJ8 'W.l. SED Of 0FfTHf: CONSTRl.X:T1OH sm;. lNl\CCOROANCewmt AU. ~ LAWS Nfl) QNS, UNtf!SOTHERV'llSESPEClAED. o SPOT El.EVA TlON.!i AND CCIt>ITOURS ARE: 'to PnOPOSED Flt.usHEtl GRADE. PA\lEf,lfJlT f' CURP, UM.ESS OTHERW'ISE SPEClFIEll rr 8ETJlKEKDURINO AU. COtlSTRUCllONAND EXCAVA~ ACTMTlE5 TO PROTECf AU. 40MJUENTS ANOIDR PROPERlY CClIlHSUi olY mo ALL DAJ,lAGE TO ElOSllHG STllUCl'Ul'tES IVID smi FEAl1JRfiS cue TO CT10H =>vI1"Y. OSED UTl.JTY toHSliWClJON 5HAl.1. BC COMPl.-"TEO USING N"PftO\IID WA"RRWJ!, OF PlACEI.4EHT ANO TESlltIG AS REQUlAED BY AU.. GO'IIERNIN!; SPEOFlCATlONS. S lOCAno..FROM BAl:K OFCURlI. NAItlTNH 75' OF COYER ~lt:lP OF AU. OW^TERlMIN. UEGAlUGS&H/IUIlEUSfDONI<U.'Il'ATmMAWflT11NGS, CQfI$TIWCTIOH ....~ S.l.MTNn'liEVIeI,,"- ......,/W'I'SIElMl:8~ "~nmlU\lN_ 'l'l'ATl!.ItSEJMC:l!1I'TI't ,~- ~~ rmftJSJ"VC "~n~ rl*".tLOUQ rl>>',CLASlIll rDIP.Cl..ANI:l:I ilUlmlDUlPAOfIlwa<V ~ -+= ~ ~ \:;':;';'; C04tIt:Cl' 10 E>>5TlNG 10- WATm WAIN, ASBlillfS UiDltAlE A ,O"Xllr" TEE WAS INSTAllED AT THE. C~CTlOH poon 'MTH tHE RUN 10 NORT>> AND BRANCH TO fItST. INSTMl. A 10.1<8- REDUCER TO TEE AND S- GA~ VAlIIt: tUIAEOIATEtv ~. ~ 37TH AVENUE NORTH EAST ~'c .!~ " l~ -\\ ER STATE ONE CAU SYSTEM 651.454.0002 ~'~H;.IIEQ; '"UIIolWIDIQ!.!lIiIMi~ ll1Uo/;;~~_",IP<lIITTlUW.HTOI'SUMa.lIi>HJ_lttEf'II:OI'tKlYotl'iil__''''fIN!.UIlDtlRc:of1ED~'''''ftMJI'1(fttlOl'<SEWJ. -116- ~ W uio ~ S~~~ a: ~~~~ ~ ::l::oong I- i=":~w ~ ~~~I {~~! thtj WI pIli j1U ! ail " nl)i ~- .! I ~, z 0 i= B D ~ \J) ~ f- I- uJ~~ ':::/.. 2. ~ z IS ~ ~ ~ ~1- ~ ~ ~ JCt::;:j~~;) Ii ~ g i 5 "!>002 JOH JRR 10,08_06 C2.1 ~y .IRRENT etlT1C>>i OF THE MfNNESOTA OEflAAT'UEHT OF lAA'Gf'ORTATlON )MQ Sf'EC.lFlCAllONS FMCONSTRuC1lON"GCNeUiS DCePT AS MCll:NRED ~OTY OF COlUMBIA HEIGHTS CODES. ORolNAHCES, STANDARDS AND 'lCA.llOHS :iH, IN5T AU.ItiSPECT, MAlrfl'AIN N<<J RfMl:JVf o'LL HECESliAAY lPH'FlC IOl SIGNAf.E- ALl ~C CONTROl DlMCESANC SIGUAGE SHALL COHfORM . lOCAl..., COUNTY AND SlATe. TRAFflC CONTROl GlJiOELlNES, 1NCIOElfTAI. TO CT. OEillNG UTurv lNFOffM.a.TlOtI $lfOWH ON 'l'HfS~ DRAlNINGS IS HOT INTEEDlO8E~n;ORAl..llNCl.USl\lE. COHlACfGQPHER STATEaE 3,5t-454-(002) fOR Tlt! LOCATION Of AU.lJHOt;fl;GROUND wtRa,~, JETS. PftS. lI"llJai, w.HHOLES, OR OUlP 8UfUeD STRUCTURES lSEFDAE Ill_ RSPAlJ< ANY OF THf A8OV'l! 'MitCH ARE RatOVED OR DAAl'GS) 0lNfG "RUCl'1DH 1,T NO COST TOTHi OWNER. <ACt LOCA noN OF AU.l1T1l..mES AND I.nl.JTY COM-lECllOUS MUST Be ED PmoRTOCClMMENCtiGWORX, lOCAoTE. FlELOVEitIFY -'M)Pft01CCT AU. ~ UTUt$$ AND lOPOGMPHlC FEAl'UlU!S PRIOR TOSTARl OF SITE. RlJCnON. IMMEDlATEl Y NOTIFY me ENGINEER OF Nlf msau:PANOEI OR IlOti8fROl',lll-EPlAN :Ii: AU. HECltSSARYPEiWITS AND NOTIFV AU. UnUTYCONP-ANlESWlTH ESON SiTE PR1ORlO THe"CONSlRUCTlONOFlHE PROJECT. A.DtllWilO.llL :A.GlE lOCAL. STATE, NlDIOR FaJEfW.LAWS FOR mYCOST~OlJE ; DAMAGE OF SAI) tITlLmES. 110 SURVf:'( ,lIi[) TOPOGRAPHIC INfORtM,l1OH f'ROIIDED 1ft COfVIeRSTONe ll.1R'IEYING R:. HUMptfl'tE'( EHGflEERING INC. IS NOT RESPOHSl8LE fOR llE lACY Of IHFORMAT\OHPROYlOODBYOTH6Ul. ~ NlY 5I1ITNIl.!l MATERW. AS APPROVa) BYlIiE f:1.NG>>EER FOR BUll.DlNa pm TRfET CONS:TRlJl:TlO1 REMCNE ltISUfTASU! AND UNSTA8l..E LPTatl.ALS )lHG /JUTtiOT WIttO TO TOPSOIl, ORGANIC MAT'ERW.. AND DE8F3! fROM Jll.DtNG PAD AND STREET AREAS. COWACl TI1S UPPER 3 FEET OF -IKMenTIN THe":;TI'(EE'tTO too.... OF ~ $T~ PROClORot:NSI1Y. ".CT STRER EM8ANKMENTS aa.ow tHE UPf'ER 3 FEn AHD BI.II.DlHG >AT1ON3;TOHO LESS TlWI~'Io OF THE STANOARO PAOCtOftDEHStTY. 1U."'-l8E1.OWGRoIOE EXC'AV.a.1lON1: MolEOIATa Y IJP'OHREMOVAl..Df TlC iAa.E SOU. 8Aao:tU.. EXCAVATIONS AtUACSilT TO IOOST1NG PAVilAiHTS "1'lY TO,woo IJtIO:RMlNlNG OF lliE Eltl8l1HG P~VEMfNT. Ge AND PROVlDE ~ MINlUUM DEPTH OF IHNCHts Of: TOPSOI. lD jlU NIEA5 RIlED BY CONSllWCTION. v.t:TOR 1$ RESPONSIBLE FOR H.L HOAttONT~ AND VERllCAL. CCtffl<<'Jl. ONCE ..K'iJil,tfNfHASUEEN ESTABl.JSHEOBYntl: SURVEYOR. AOlJI'f1OtW.COSlFOR .KINO: MlOIOR fW'lAClN<i twAAGeD STAKES 13 THE RESPONSlN.I1Y OF ntE <ACT1JR OEAtL SOIl lESTYIlQ AT INTERVAlS NOLESSTI\AHE\l!RY5O:I'AAD IONAL TEST1NGDfEMED NECESSARYIN' crTY STAFf, GeaJEtHNIC,IL fER em PROJECT EHCilNEEft WITl1 NO ADDlllClNAL ecMPENMoTlON. :lE0Flm D9lsnv METHOD OF COMPAc-noN tS REoumm FOR AU PORTtoNS ifMA.NeHTCON5TRUC'T1OH. STN€WUJ COMPN:T1CJH IS RfatIRED FORN<< :mNIY COIlStlU.ICTlOH. Sf OF AU. EXCiS5 WATERW.. Srn.JI.flNClJSSUflFAaNG. COHCAi:fEI'TPofS. JED UT1UT'f RiUS A.ND OTtU:R UNSUTABl! JA.\ iERLI\UI OfF mE llWCTIOK &fTE IN ACCOftD..lHCE wmt AU. N'f"I...CAl3lE LAWS H~ ATIONS. \JNl.E:S5 OTliE:R'MSE SI"EOFI&D. lSEQ SPOT flEVATlOHS AND COtfftJUftS ARE TO FINI3HBJ GRADE, PAVEIENT .cE OR TOP OF CURS. IJHlESa 0Tl-t!RWl5E;: SPeCIFIED. f 1lfE CITY Of em'" OF COI.lJMlU,l tElGHTS, PUlIUC WORKS DfPM11oIEHT.'- llN IDVAACE OFWORKINGWfllttH TliS RJGHT('.,FWAY. alY IUSPECfORS 06SERVE AU. WORK COMPLETm, HCUJDI/IIG 'friE ReWVN. Of ElOS11NQ .. GlITTER. EXCA.VATlON OF TRENCHED. ~OF STORM .COHHECTlOHS TO ~un.JTYLlHE5.llACKAL1.lNGANO~ UMINClUS PAVEMENT NOOR CONCIUrlE CURB NDourn:R ..IITE AU. fl~OPOSEDSTAEETcow.mwcnON USING ~,"TERIAU. IDS Of' Pl.ACEMENT NOD TeimG AS Rl!QUlFla) BY AU. GO'IEflNlHiJ 1lC:411ONS. WSTBErNIEN ~ CDNSTRlJC'TlOH NlD iXCAVATlONlOPRCIt'ECT ALL '" MOI-Il,JUfNTII ANQ.fOFl PROPERTY IROH$ ON fflD ADJN:ENT 10 nu SfTE. ,AU. OAIMGE TO EXlSl1HO fAClt.lT1ES RSSUL TWD l'f<<>>d CONSlRtJCJ1ON :'t1ES AT ~CO$T TOniE OWNER. DE A SlAOOlH AND 'THOROuGH lfW-lSrrION BETNEEN PROPOSSJ liIlE ,S AND UfWHAGE WAYS ANa ElQSTlNG~ srrE GRAJaJAHO t,QEWA-'f8 :) sw.u. UE05O. tr, UM..fSS On-ta\'MSE SPECIflEO. JRB ANDGlJT'i(R SHALlllf cotCPEI1!: DiltZ. UflUSS 0'llIe.RWI~ 5l'e.ClflBl :TAlL EN OIMEN51ONS PREVAIl OVER SCAUroDlMElllSK'JHS. 00 SVRVE'f t.\I1i:RTlC,Al. COKtOUR 1m1!AVN., cnv OF Nll'lHUJl'OUSVER1lC.AL I. VNlIABt.E: COHTOUR INTERVAL FOR PROPOSW GFW:IIHG. CONTRACTOR TO ENSURe THAT LAIlD DISTURIIANCE Does NOT OCCUR OUTSIDE GRADING LIMITS. IER STATE ONE CALL SYSTEM 651..454.0002 ~ii('... \" ,I $~\.. .\\\' ,\'.\' .\\, \\\ . .\\\ \\\\\ ~_.u. ~.. -..... . I i AHI I DtTM. ~ HART LAKE NIIL 2:lV.70 100m B1IL lUO.50 .BOIFlLlm f2 'OM ElEV, 2.8,0 illV. 249.5 - 'P\mPOIlIlL1!i:uJL... _ '.II BUWlING 11.050 SF -----~.jJ-~-~!:~-- NOTEI -~ ~ERDIWH"UST81 ;b- - -C:::::.~na:.::~= ~ AIIUS SHALL.I: ....EllFQRAftD PIPE. _ - ::..::.:rt.lSTAU. 86'2: c.t:G TO WITH AT PROPERTY UHt. ~-~--- -- '~1.__ __ 37TH AVENUE NORTH EAST ~ -. "- .)~ , ~ ;/ -/.. g t&;so 10 ~totCltU/WlaflC-(lE)H-&.I'IIC11fBRlIMVIlD. _H~_~~OI'I5Ift\Ia.NGMlntEAIOf'EIfTfOl'tE.I__,(HCIJ"BlU!llDCQCCf'1Dl\9l1lfOUf'lUlIIl'l'IIIJWN~ -117- >- <( ~ . ~ 8~l< o :r;~ fr ?:....!2~ 9 ~~~~ ~ ?:~~m g; /&gU 0.. MCO>:! (f!j. did iUU UI)I -. \ ~! ~ " i i ~! r.:;.~;;; 1 ~HI l :l" N'Ql :J :c q 5' V) .. .... ~ 11 ~~ ...J~:: r , E~ ~ SJ ~ I "' -- ~ M ~ M ~ .; ~ z o i= 5 D <(11)< lLl~~ ~~~ <f>~ 1..J8g\J d- ~ 1: ~ I~~~I~ z 5 lL --"" 0475-002 :ow.m...-r. 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J, Sllltit.1UREfl'4Jll5IW.L1It 0l:lU1[Dlt!$l..QP(1OlWIIDnc: """'... IJ'iICf'CL,1t ''''''\ ,!~_qlt.J.!!...nn__. ;'i\~J,:f;;~ '. "~f " SECTJDN A TRENCH DRAIN DETAIL NO SCAl( ~~ltCfI.AU.IllIil~~_n.ua00ClJt0l(""IAN_~'orliJlllltDAHD:~1ltII'/lDf'Pm'orHl!lH<<JW.YHOTEU5t:OORCCII'El)"tlI'IltOIJt'l'flOAWRmUI~. NOTE; TREATED LUMBER PlANKS TO BE BOLTED TO 6' X 6" POSTS. BOLTS SHAll. BE GALVANIZED 3/6' 0lA WlIli WASHERS AND NIlTS (lYP). INSTALL ENOS OF WEIR A UINIUUU Of 2' INTO BANK ~ o a: t q i l= I ~ w 160 58~~ ::-!211l ~~!g ~~~~ lil=>!il;;; l'1a::l>~ {iIiI. 1'-1 tilE. ntl! Hili - . \ ~ -- ...... ::l b ~ ~ J ~ ~ . ~;:.t t ,-.1 II g. ~ -0 0 J>:C~'0l .." - q (; i -0 ::1 ..J 3.., 10::'0 Q.. t t ~J ~ o:i l u = ~ M ~ M ~ " ~ PLAN VIEW (NOT TO SCALE) 6'" X 6- TREATED lUMBER POSTS z o ~ B D <(~~ uJz3 itJ z ~3~ I~ ~ ~ ~ I~ ~ ~ ~ L,.. itJ :ql- ~:c......!:: ~liuJ i If)v.Ci TtXtit>>1tt1UFA8RIC INlOUNlJSlUllIEDSOIt. 001lET plf'E 1N5lH1. PCli1i tg WINIIAlW OEPlH CE 5' BE1.OW 11M. SKIMMER DETAIL NO SCAlE iji- lItI~_ ~~ -- .......- 475<102 -'" .lOti JRR '" . 1D.05.06 ....- C3.1 -118- -@ -oFHume NOTeS $KAU.unl'Tnc~lInAlTttlllln AU. lid WIlI!l'Htft""lCI1'vec~1' fiII'J1Yll 011 nc st 'l'H1I"1Ul IT l1CCtlMT1IACTUll """"'0 TIC ~""'-!'IC~OlIItWJ.NO'1"IIOlZttI 01" llOkil: 1IHlO4 It ltUCNIILf welt~ mruout :.rneJOJlAlQlttm. MI:" _ _11!alAU ~ g)UI'l.l 'IrITIi AU. l., nAn AIlU f'toUAl. RNAf_ NeD COOU tlll1 .1.ar:ltll'OllllalZf'OIlAU.ItftIn.AIlO~1OIfl 1-~ EW FACILITY FOR COMFC)RTS OF HOME SENIOR HOUSING COLUMBIA HEIGHTS, MINNESOTA 8UILDlN8 CODe SUMMARY ~:::~~~JlWJ..e;occl'"ltO J.u.ul'GlalllLefl'Oll.....~~Ai...u nur txUlMM ........,. Ol" ~ Me lit..... ue ACaMlI...V~ IJl nc _ "AI lilt "" nc llle ~l'\IlUIU.It'lIfltUltll$~PllOPQSllJllARAIID Al. ~ IIllCUOQlkIl'GlIl'U.lIIC'I ttMIN_ NIAU,.~IIlD01JIeCT1lCWOUti4^'TV ~"Il.lrr MIl .u. g)NIlIlUI:TlOII ..... liIl:tlICm, ""'""" TlUCftM'IlUllC~.u!1'ClII ...-- All tl""lCl:IfT .Tlibl ~"d"'1eAl,.f,b".lftI... 1Olf~roalllAU,oes*l.kl1'1'\.T ",,"QIU,flC:V!IllllEl.n'TlnMro~llCAn 'CJ oW ~ IT tuIUHt =uc... 'T~ tal' CDCUrun wtTlf.-u. ~f'llN:TOIlI u.L It,ICITIN01UlI'>CIlUt IOlllJOCa<<1olTl~JlDr...~toe"'~KTOf' I'I,7lI"TVCtIIIITlIU;Tl1C:IIUILlIDII ~JMCTlD/t"""'lCtlClCIl. eIQNQ.!"ROCUIUIU..ua'l1'llW'eTT.e.tlJT1OIll.uz ~""- " LOCATION MAP " .( .r;~ i ...,........ '\ . _:...) ~ <!J I . { ...-.. ,:~ 0llUMIIlA _ PItOJECT II'll! "." I .! !" ~ ~ ~ IY!Of ._~ -119- PKOJeCT DIReCTORYI IlUlDING OWNER: ComIaI. 0/ ..... 23'0 .... Caroy _ 'J __lIIlll....i6ro T_ (65" 4(J1.7mit Fa< 1IlS1407-6<22 CmIact: Ill1rn vqn ,----....- ----...-... ----...... ------.. CMI. ENGINEER ~~-;v ft<lIa\ V>l 5<1016 Tol>: W6l531-Q525 F"" (1t;j 53Hl52O ConIacl: Ja.on~. PE. ARCIiITECT: -_no 215 " Zrd Shot. SUIo 204 Rr",. F....Wl5<<J22 T... l11Sl'_908 Fax: as 0426-5886 CmIact: ...._ Ii) Il ll.i DltAWIN8 INI)I!)( FlDaa.m..., HltTln.!HeT AU NOfTECT\.IW. SJE PlAN lU l.AN)SCNIE Pl.AH ~lrI>~ !-o~ -'U~ I>l; ~I!-o: -.. CZlI i :t:. . _IU; c:.::; ~I<i Kll VI' PAFIQtG IR&I.. Pl.AH J.a W" t.wi &..fi\a f\.Nf AU VI" flFtE.8CHXl, P\Nf A2. 111" SEC:C>>o LEVEL FlOOR Ji'\NoI A2.5 1/8' TtR) FL.OOR A..W ... FIXlF....... ASl EXTEJO:i 8.EVA,1DfS '32 EXrEAOA ELl","""'" . NOTE: OA. ENDIEEANJ FUNS IFf OTtERS COMFORTS OF HOME PIwI'amo SENIOR LMNo Clll.lJNJIlAIIEIOKI'S """"""", .""'",,.., TIllE SfEET ----- -..m___ ---..- ......-. .ou._ ---- .~""._CIl ::::~. =--=== II~UN ~ .J...lon 09 o~ -:) UIll;) ")UtuillSOJPIJ!JoJUI;II.W :1" lUO:i':)U!W!UpU!il_:M .= ',:>N,I NO.ISg30', .';' 1M'S'(LJ1otlj I.1:lIlSP@tp.fq" NA7......._,.... 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I E" (~!:t~b~!:d~~~~b~~i:! i ~ & a, f !~;~~~~~~~!~~ !h I Hi t- ~ s;; I ~ ) f IU L t Iii :11 I! ~q:i ! ~ U8UU~8H8j ';' I ~ i: IHHHHJU2 . t I Ii /.. g ~ ~~~~~~~~~~U. ! I! 5 r ,; "c/:::- f.-f,;' ~ !~i' j 20$~8d iuou~~""O~O~ d.J j 1".'"'-<' OC f ! ..~! (.) il 000' """,.,' I':'t,\(' ,'.- ~~:;: ~ ': ':11 :: N'ltld 3d'lt::>SGN'ltl A~NNII^J1l3Hd If 10S3NNIW .SlH~13H 1f/8W010J -= 31^J0H :10 HIO:lI^JO::> ~ I . ~ 1 f Li. t.. .~u ~ iiii!iUHp-1 :; ! ;; .. . '"''''i~!i! Ii Ii'!f '~.~Jlp 5 i?.di)i$H~' HHUhbhl . '. 2 . p"! I !I htli_hl'~I. ~ f UUlhHdU a i ~~~:lJj~j'~ll'~Ul,~ o N ~ , ",,~ , ., I ---ur- ) / I Q J '!J7 AVENUE NE 7 DeCeMlleR 2006 -I-I'R'I's, B' I . E -_.~.~~----..-._..,. - ..-.....---. -.---.- _ ;u~. :: ~ .~.M: l~4 ~.~ :~~ ~ ~C3~ NORm IT] ~~ COMFORTS OF HOME COLUMe.IA HEIGHTS SITE PLAN .c...et 1".w-0- -121- I__.....~- ----...- ----...... ---...-..... ~ICIl . E-o -U Itl t::Cl1E-o en,:%: -IU . c:.:: ~< COMFORlS OF HOME I'ROI'aiI!D SEN10Il l..MNo <XWNIIIA IBlIrnl IolINHIllIOTA m:w;t .., PHASE ONE 5 TOlllAGe '-, / / 1 . ::::::::::tt_::::::::::::t::::::::::::t:::I.::::::.::::::t::::::::::::ti-_::::-_:-_::::t::::::::::\::::::::::-_:- \'''''''''''''''''''''''''''''''''''''''''''''''' l-i'R'I . S - B' I . E II AaCU'T.CT". ."e _ 111......_"._,00 .~."'~....'''''n 7 oeceMeeR 2006 NORTH CONCCPT GARAGC FL.OOR PLAN (@ COMFORTS 01'" HOMC COLUM8IA HCIGHTS . C'" I. e, 1/'- _ 1'--0"' -122- .---...-- ----..--- --..-.-.. ---......... ~I'" . f-o -U w 1=01 f-o r/.) :c _\U . co: ~< COMFORTS OF HOME PRoI'aiEo SBooIl 1.JvINo WLlJWJlIA JI1lIOI/IS """"""'" """",,,NO COICEl'T GAlWlE FlOOR fUN [9L_ . I I I I____________L___________________ , " ", '- " " " """" " , , , , , \ \ \ \ \ \ \ I I \ I I .------ ---...-- ----.--. -----.... ... :-SflAt!---------:- ~I'" I-< -IU ;USaIlOON \OU 5.Il III /XIII-< rI:l,:.t: _\U . r>: ~< COMFORTS OF HOME Piu:IfamD SaooIl LMNo <X1llI\IIIA1lI!IGHII ........".A """"''''' ~ - -----,-r ..-J!~L-l"J-.-gJ----;-J!i!l: :: LAJ \ :;___~_~--_:...l.---i.---/ q -!!:~~~~~~~;~~~~~_.~~.!~~C~'~ -11'R'('5"'I.E _ ~,~ :<:~.~..:J~.,T.j.:,,~,:;..J: NORTH CONC!!!PT MAIN "LooR PLAN 18 UN1T8 COM,.ORTS 0" HOM!!! COLUMIUA HI!!18HTS I C ALe I fU.6. 1-8I:ORoo" · 2 UNlT& STUDIOS · " UNlT& TOTAL · 18 CONCePT UAIl FI.llOO PL>>l 7 OeCeM~eft 200e (@ -123- ~oj ~oJ ~oj \ I I I ,J ; \ I I ~ I I I , I I , , \ , I , I I , -----{~----------- r- \ I ~----------------~=~ ~J ~q: Co] ItlDOOlI ACTMTT ..... -----------"L.,_ I c: \ \ I \ \ \ I \ I \ \ \ :g:qJ ~DJ ~=~ I ~=q: [oJ [oJ 7 DeCeMlleR 2D06 -li'R'1 . S . B' I' E 1.1 AllCtlITICTI. IHe _ '..H,lo<_S4........'Q.<l."...........I.'U /; n /,h n . /, /, n /,IJ . /, n n " . /, .~ .jJ <S'~ fft Q.S~ ~ ~ ~_______________________________l l! : DCu, (gf" jgJ [g[-g I( f I' ',' " Call1:fteD o : _ ...{""-.-----~--~5PAt!-..._------ : 19L--':1 \ \ I I \ : g: \' \' rl-- I I I \ I .--............... ----...... ---....-.... ~rn NU .... ~ ~~ ~ I I ~ . - ___J"!!L.P~!!~!'!J2.fL __ - U ~~ I III l:Q ~ - ----~~i-----------~---~~I II Ri1 I I (I.) ::r: - u IX: Q..I.ipoow I Ir~-m-rll : I : I I ~ \0., III" < 6 CoMFORTS OF HOME I'RoFaim> 8ENIoR lMNo a:t.IlIOIa III!IOHIll .......-nA """"CTNO CONCa'T Dl<Y CNlE FlOOR PlNI (@ COM~T6 O~ HOMe COLUM&IA HeIGHTS , C ALe: N.T.s. -124- ,vm //'''',/ 1-" I ' I I I I I ~- I I , SUNIlOOlUSITTIHG " , """ '>. , , , , , \ , -~ I I I I I , L_____________________________________~____________ .---..-- ----..--- ----..- ---..-- 00[====:Ji[::J::;J=::Ji[:::==~ CGUNTeR J 'B' ~ It- ~I~ . ~ -t.> III ~!II t:Q1~ 00. :x: _It.> . ~ ~< ~o~ ~o~ SITTINB ,------------ r-----------------------------------------J , , , , I I I , " ~oJ [oJ [oj COMFORTS OF HOME PRofamD SmooIl lMNo aJLlBlJIIA _ """"","A [oJ ~oJ ~J I'Rl.ECTNIl ~=qj 7 oeCeUaeR 2006 [oj [oj -li'R' I . S . B' I' E 1iI..-:;,& C Ii. '"T I C'T. - '--H-C _ Ill",$oc_Jl.._,lI<lI'._~.....WlJaon NORTH CONCePT seCOND FLOOR PLAN l' UNITS COMPORTS 01'" HOMe COLUM&IA HeIGHTS 1-BeDROOM . ~ UNITS STUDIOS. 16 UNITS TOTAL . 1e CONCEPT SECOND fUlOft Pl..\H ?=:QJ (@ II e A L- en--1jj"--;,---,;.Qii -125- ~oJ :9J .---..-- ------ ----....-. ---..-... ~__________.1 , , , , , , , , , , , , , , , , , , , , , bil !~ p.,i I ~ 'a' '=', .,.. : ~ ~I: -u III ~I~ CI)~ -Iu . ~ ~< r---- ~-----_-----------------------------------J , , I , I , , , , ,__J -~ [oj ~DJ [oJ COMFORTS OF HOME PRofa;m SENIoR .l...MNo a:LlJNJM HI!ICIHIlI """""""'^ , ~'J ~oJ ~oJ :g WIO.IiCTNO P:~ :p' 7 DeceMeeR 2006 -- :J 'R'I'S'B'I'E I. ::: :':'~'':~~ ;.::': NORTH CONCePT THIRD "LOOR PLAN 1& UNITS COY"ORTS 0.. HOMe COLUM~JA HI!!ISHTS 1-aeDROOM . 11 2-leDROOM . 2 UNITS STUDIOS. 2 UNITi TOTAL · 15 CONCEPT llft) F1.OOR fUN ~oJ [oj (@ J(QJ SCAIoC: v",-."o- -126- , , , , , , , , , , , , , , f-.--- ~~/. ~ "" ~ .GE -~ J) ,,~ IU ;; 4 SLOPE :5 / /~'l 5;12 ii: , , ----------{i-itlJ PROVIDe FULl.. HeIGHT vfRITICAl PLASHING WITH VERTICAL ICE ANO WATER OAM PROTECTION AT ROOP OPPSETS, TIP PREFINISHEO METAL CHIMNey SURROUND (SHOWN OASHEOI PROVlOE CRICKET AROUNO CHIMNe.y FOR PROPeR SLOPE FOR OIlAINAGE [@ \ "'IN ~~ [@ Ci..:J ~1!:! ;;J~ ~.., ro--' , , . . .. "' '" '" " " ~ it: .1..':';;: )". ~{J~iJ RIDGE ~1!:! -,,,, on RIDGE , ~ * i~~~ ~ iJ/~ W o :.~ -.. RIOGE "'l O-N 0"':': -'~ on ~N ~~ , , , , , , , , , , , , , , , , 1 ~ n_ _ __ ____ _ __ __ _ _ ___ _. __ n_ n_ _ _ n _. __. __ SLOPE -.m- # ~ SLOPE --mr /j t N jpnl 19-E] I lu;;] 7 OECEMIlER 2006 -- J -R-T-S'B-T-E II ;,,:::~::::...::..::.: NORTH (@ CONC~PT ROO" PLAN COW"ORTB 0.. 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" -<~ " " IU. -1: I-U -~ :i co"' ,.. ~: .....; < -..; < _J , , "_J 3661419.3 DEVELOPMENT CONTRACT FOR PLA T OF HART LAKE ADDITION ANOKA COUNTY, MINNESOTA INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR HART LAKE ADDITION, ANOKA COUNTY, MINNESOTA RECITALS ARTICLE 1 - DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Plat 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1 ^ Director of PWD l.~ 1.10 County 1.11 Developer Improvements 1.12 Developer Public Improvements 1.13 Developer Default 1.14 Force Majeure 1.15 Developer Warranties A. Authority B. No Default 3661419.3 C. Present Compliance With Laws D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Warranty On Proper Work and Materials H. Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 - DEVELOPER IMPROVEMENTS 2.1 Developer Improvements 2.2 Boulevard and Area Restoration 2.3 Street Maintenance 2.4 Occupancy 2.5 Approval of Contractors and Engineer 2.6 Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 - RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs 3.2 Enforcement Costs 3.3 Time of Payment 3661419.3 ARTICLE 4 - DEVELOPER WARRANTIES 4.1 Statement of Developer Warranties ARTICLE 5 - CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 - INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 - CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE 8 - ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 - MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 9.8 Governing Law 3661419.3 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.16 Additional Agreements 9.17 Release of Development Contract EXHIBIT A - LIST OF DEVELOPMENT PLANS EXHIBIT B - DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C - ESCROW AND PARK DEDICATION CALCULATION 366] 419.3 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR HART LAKE ADDITION THIS AGREEMENT, made and entered into on the day of ,2007, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter called the CITY), and the OWNER and DEVELOI>ER identified herein. RECIT ALS: WHEREAS, the DEVELOPER is requesting final approval of the PLAT; WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and final plat and the DEVELOPMENT PLANS, and the same have been approved by the CITY, WHEREAS, in conjunction with the granting of final plat approval and other approvals, the CITY requires: a. the installation of a paved bituminous trail on the west side of Hart Boulevard extending from 3 ih A venue to approximately 550 feet north of 3 ih Avenue. WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429 and 462, the COUNCIL has agreed to approve the DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. WHEREAS, the DEVELOPER has filed four (4) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: 3661419.3 ARTICLE 1 DEFINITIONS 1.1 TERMS. The following tem1s, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. 1.3 DEVELOPER: OWNER. "DEVELOPER - OWNER" means Pratt Ordway, LLC, a Minnesota limited liability company d/b/a Pratt Ordway Properties. 1.4 PLAT. "PLAT" means the plat of HART LAKE ADDITION, in the CITY of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached EXHIBIT 'A,' and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. 1.7 COUNCIL. "COUNCIL" means the Council of the CITY of Columbia Heights. 1.8 PWD. "PWD" means the Public Works Department of the CITY of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the CITY ofColumhia Heights and his delegates. 1.10 COUNTY. "COUNTY" means Anoka County, Minnesota. 1.11 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached EXHIBIT 'B.' 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right-of-way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 366] 4] 9.3 2 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b) failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach ofthe DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: A. AUTHORITY. Developer is a limited liability company, validly existing and in good standing under the laws of the State of Minnesota. DEVELOPER has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. B. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local 3661419.3 3 1.16 3661419.3 statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. E. NO LITIGATION. To the best of Developer's knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the CITY, or the PLAT, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. G. TWO YEAR WARRANTY ON PROPER WORK AND MA TERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTR_ACT against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: 4 A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 590 40th Avenue N.E. Columbia Heights, MN 55413 If to DEVELOPER Pratt Ordway Properties c/o Leonard W. Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, MN 55110 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IMPROVEMENTS 2.1 DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on EXHIBIT 'B' subject to Force Majeure, except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 3661419.3 5 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 21 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this PLA T resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. 2.4 OCCUP ANCY. Unless otherwise agreed to by the CITY, no certificate of occupancy and no occupancy of any building in the PLAT shall occur until the DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed to by the CITY, this provision excludes Site Landscaping and Site Street Lighting. 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld; provided however that the CITY hereby specifically approves Humphrey Engineering, for such purposes. 2.6 CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors ",nrl ITl",jpri '" 1 ,,"nnl ipr" ",j ]p",,,j "fi"p {'\, rl "''''' nri.\r j{"\ ('{"\ITlITlPnf'PITlPn1 ("\f ~u~ u,~,_. .~. ~~YYU_'~, ~. ._~~. ... _ "~I ~~.l ~ Y' .-. .- __UHH_U__U._U. -. construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold a pre-construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. 2.7 INSPECTION. The PWD or its designated representative, shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD two (2) working days prior to the commencement of the laying of utility lines, sub grade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered 10 allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the CITY shall have a reasonable time, not to be less than three (3) working days. to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S right pursuant to Article 8 to withhold the release of any 366]4]9.3 6 portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER's sole cost and expense, any work or materials that within two (2) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the CITY. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 3661419.3 7 3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The CITY hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICA TION 6.1 INDEMNIFICATION OF THE CITY. DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: g) 366]419.3 a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances. standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; f) failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; construction of the DEVELOPER PUBLIC IMPROVEMENTS. 8 366]4]9.3 ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEF AUL T occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEF AUL T, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEF AUL T within a thirty (30) days cure period, hereinafter defined as "CURE PERIOD". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEF AUL T within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit or cash deposit; d) the CITY may deny building and occupancy permits for buildings within the PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting there from, including but not limited to notice and hearing requirement and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT 'c' pursuant to Minn. Stat. 429.081. 9 7.4 366]4]9.3 7.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7.1 ( c) and, concurrently or sequentially, the remedy provided by Section 7.I(e), to the extent that the remedy in Section 7.l(c) provides reimbursement to the CITY for any costs and expenses incurred by the CITY. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof: but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEF AUL T and notwithstanding the requirement relating to giving the DEVELOPER a thiliy (30) day period to cure the DEVELOPER DEF AUL T, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DFVEI 'oPER a fOliy-eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT 'c' pursuant to Milm. Stat. 429.081. 10 ARTICLE 8 ESCROW DEPOSIT 8.1 ESCROW REQUIREMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT 'C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the CITY Finance Director and CITY Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall be for a term ending December 31 st, 2008. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 3 1st, 2008, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7. I relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEF AUL T; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 3 I, 2008. With CITY approval, the irrevocable letter of credit or cash deposit may be rerlllrerl nl11'<':lI::lnt to Sf'rtion R,) from timf' to tinlf' ::l<': fin::ln(';::ll ohl;n::l1;rmc ::lrp - -_..~_._-- r-.~""''''''-~-''-- ......... ---..................-"- .......- .""........................ ..................- .......... ..................- ............. i.........................._.............. '-''U'.......b......''....~.L..I..U .............. paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90%) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10%) of that portion of the irrevocable letter of credit, or cash deposit, for those specific completed improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section I. 15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10%). 366J4J9.3 11 If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 9.4 RECORDING. The DEVELOPMENT CONTRACT and PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.5 BINDING l\GREEMENT. The parties mutuall)' recognize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the PLAT and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. 9.6 CONTRACT ASSIGNMENT. The parties agree and understand that the Developer intends to sell and transfer Lot I, Block 1 of the Plat to CLP Development, LLC, d/b/a Comforts of Home ("Comforts of Home") and Lot 2, Block 1 of the Plat to the CITY. Comforts of Home and the CITY will be assuming most of the DEVELOPER'S responsibilities and obligations under this Development Agreement and the DEVELOPER will be released from any such responsibilities and obligations so assigned. The CITY hereby consents to such sale, transfer and release of DEVELOPER. The DEVELOPER may not otherwise assign any portion of this DEVELOPMENT CONTRACT without the written permission ofthe COUNCIL. 3661419.3 12 9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development of each lot within the Plat and prior to issuance of a final certificate of occupancy for any building located on such lot. 3661419.3 13 b) A letter of credit or other security as acceptable to the CITY shall be deposited with the Director of Public Works, in an amount equal to ten percent (10%) of the estimated cost of landscaping, fencing and/or screening. (Such amount is included in the amount set forth on Exhibit C for Landscaping.) The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons, as detlned by MnDOT specifications. A portion of the letter of credit may be released after one growing season as determined by the Director of Public Works. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced immediately, or within the next planting season if required by the weather. d) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. (water conservation measure) 9.14 PARK DEDICATION. The CITY hereby determines Park dedication fees in the amount of $26,890, and that such fees be paid at Final Plat Approval by the CITY Council, to be deposited in CITY Fund 412, Parks Capital Improvements. 9.15 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as-built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main service locations at the service extensions or property lines. The GPS Data shall include X, Y & Z coordinate data consistent with CITY requirements. 9.16 ADDITIONAL AGREEMENTS. A. The OWNER and the CITY hereby agree that the maintenance costs of the storm water ponding located at the northwest corner of 3 th A venue and Hart Boulevard shall be shared between the OWNERS of Lots 1 and 2, Block 1 of the Plat on a contributory runoff split using CN numbers for each lot (58% for Lot 1 and 42% FOR Lot 2 according to the Humphrey Engineering calculations of 1/11/2007). Necessary storm water maintenance activities shall be conducted or caused to be conducted by the CITY, with said costs billed to the OWNERS of Lots 1 and 2, Block 1 of the Plat, payable within 30 366]4]9.3 14 9.17 3661419.3 days. In order to enforce the provisions of this Section, and real property transfer documents shall be subject to the reasonable review and approval of the City Attorney to assure that such documents include a requirement for said necessary storm water pond maintenance and reimbursement to the CITY. B. The private pond located within the Plat shall be maintained by the OWNERS of Lots 1 and 2, Block 1 of the Plat under a separate Reciprocal Easement for Surface Water Drainage with the maintenance costs being shared using CN numbers for each lot (94% for Lot 1 and 6% for Lot 2 according to the Humphrey Engineering calculations of 1/11/2007). C. The OWNER and the CITY hereby agree to the following: a. The CITY shall remove the existing street sections of the Hart Boulevard from 345 feet north of 3 ih to the northerly plat line and provide restoration and surface drainage meeting the requirements of the CITY Engineer. The CITY shall indemnify and hold DEVELOPER harmless from any and all liabilities for adverse environmental conditions, if any, which may be encountered during the foregoing removals. b. A cul-de-sac shall be constructed by the CITY in Hart Boulevard at the drive access to Lot 2. D. The OWNER and the CITY hereby agree that item 9.16C related to Hart Boulevard is contingent upon all necessary approvals by the CITY for the vacation of Hart Boulevard. E. The DEVELOPER shall compensate the CITY for the cost of such removal, restoration and installation of the cul-de-sac, in an amount not to exceed $25,000.00, as set forth in line 6 on Exhibit C RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft: release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided that said improvements have been completed and said warranties have expired. 15 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: PRATT ORDWAY, LLC, d/b/a PRATT ORDWAY PROPERTIES By: By: Gary Peterson, Mayor Leonard W. Pratt By: Its Walt Fehst, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of ,2007, before me a Notary Public within and for said County, personally appeared to me Gary Peterson and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2007, before me a Notary Public within and for said County, personally appeared Leonard W. Pratt, to me personally known, who being by me duly sworn, said that he is the of Pratt Ordway, LLC d/b/a Pratt Ordway Properties, a Minnesota limited liability company, named in the foregoing instrument, and that said instrument was signed in behalf of said Pratt Ordway, LLC d/b/a Pratt Ordway Properties, by authority of its Board of Governors, and said Leonard W. Pratt acknowledged said instrument to be the free act and deed of Pratt Ordway, LLC d/b/a Pratt Ordway Properties. Notary Public 3661419.3 16 THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P.E. CITY Engineer, & JefT Sargent CITY Planner CITY of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 763/706-3600 366]4]9.3 James Hoeft City Attorney Barna, Guzy, and Steffen, Itd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783-5122 17 5. 6. 3661419.3 EXHIBIT A LIST OF DEVELOPMENT PLANS HART BOULEVARD ADDITION PLAN DESCRIPTION DESIGN PLAN DATE 1. Development Plat Cornerstone Land Surveying 2. Erosion Control and Grading Plan 12/8/06 (including the project SWPPP) Humphrey Engineering 3. Street Plan (Public) 12/8/06 Humphrey Engineering 4. Utility/Site Plan (Public/Private) 12/8/06 Humphrey Engineering Landscape Plan 12/8/06 Humphrey Engineering Street Light Plan 12/8/06 Humphrey Engineering 18 EXHIBIT B DEVELOPER PUBLIC IMPROVEMENTS The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE IMPROVEMENT 12/31/07 G radinglRemovalslE rosion Control Plan X Public 12/31/07 Utilities (Water Main in Hart Blvd ROW) 12/31/07 Utilities (Storm Sewer) X Public (Hart Blvd) 12/31/07 Streets (Plat - Public) 6130/08 Landscaping 6/30108 Street Lighting Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of Comforts of Home. Except as provided in Section 9.13 a) or unless othprwi"p IHTrpPfl to hv thp ("JTV thi.. nrovi..ion ..h~1I ,;>v...lllell>~itl> 1.<>ncl"...<>ninfT ...ne) ~it" - -'---'- .. _l- -' --e- - - - -~ -.; -----' _.......... --'" __......oJ 1:..... 'U' . .U'.'V'.... ........-.... -......-..---- *'-'....'" ....................,............l-P...h ............ /...J."'" Street Lighting. 3661419.3 19 EXHiBIT C ESCROW AND PARK DEDICATION CALCULA TION(S) DEVELOPER IMPROVEMENTS 1. Erosion Control/Restoration (site) $ 25,000 2. Utilities (Water Main, Storm Sewer & pond) $ 130,000 3. Public Street Connections $ 10,000 4. Landscaping (incl. Retaining Walls) $ 80,000 5. Street Lighting $ 15,000 6. Hart Blvd Road Removal/Restoration and Cul-de-Sac $ 25,000 $ 285,000 MUL TIPLIED BY: 1.25 EQUALS: $ 356.250 For the above work, DEVELOPER shall post escrow* for $ 356.250. (* Form in accordance with Section 8.1 of this agreement.) 1. Park Dedication $ 26,890 In addition to the letter of credit required above, the DEVELOPER shall also deposit $7,500 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $7,500 shall be to pay the CITY for engineering site inspection fees at the CITY's standard rates charged for such tasks. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $7,500 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $7,500 deposit, the DEVELOPER is responsible for payment of such excess within thirty (30) days after billing by the CITY. 36614193 20 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: 7 -C.-I NO: Other Business ITEM: Elected Official Out of NO: State Travel Meeting of: January 22, 2007 ORIGINATING DEPARTMENT: CITY MANAGER'S APPROV AL BY: DATE: BY: Gary Peterson DATE: January 18, 2007 Background: A law was passed during the last Legislative session requiring governing bodies to develop a policy controlling travel outside the State of Minnesota for applicable elected officials by January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel Policy on November 14,2005. Mayor Peterson has requested authorization for expenses to attend the National League of Cities 2007 Congressional City Conference from Saturday, March 10 to Wednesday March 14,2007 in Washington, D.C. Agenda for the conference is attached. Estimated costs as required are: . Registration . Housing . Airfare . Meals . Ground transportation Total $410 $860 (four nights) $280 $150 $100 $1,800 Payment may be made in advance for registration, airfare, and lodging if specifically approved by the Council. Otherwise, all payments will be made as reimbursements. The 2007 adopted budget for Mayor-Council includes: $400 101-41110- 31 05 (for NLC conference registration) $1,000 101-41110-3320 (for transportation, iodging, meals and other related items ror the NLC conference) In 101-41110-8100, contingencies, $6,000 is also available. Recommended Motion: Move to approve attendance of Mayor Peterson at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. COUNCIL ACTION: -130- COLUMBIA HEIGHTS.. CITY COUNCIL LETTER AGENDA SECTION: 7 L L NO: Other Business ITEM: Elected Official Out of NO: State Travel Meeting of: January 22, 2007 ORIGINATING DEPARTMENT: CITY MANAGER'S APPROV AL BY: ~ r- DATE: BY: Bruce Kelzenberg DATE: January 18, 2007 Background: A law was passed during the last Legislative session requiring governing bodies to develop a policy controlling travel outside the State of Minnesota for applicable elected officials by January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel Policy on November 14,2005. Councilmember Kelzenberg has requested authorization for expenses to attend the National League of Cities 2007 Congressional City Conference from Saturday, March 10 to Wednesday March 14,2007 in Washington, D.C. Agenda for the conference is attached. Estimated costs as required are: . Registration . Housing . Airfare . Meals . Ground transportation Total $410 $860 (four nights) $280 $150 $100 $1,800 Payment may be made in advance for registration, airfare, and lodging if specifically approved by the Council. Otherwise, all payments will be made as reimbursements. The 2007 adopted budget for Mayor-Council includes: $400 101-41110-3105 (for NLC conference registration) $1,000 101-41110-3320 (for transportation, lodging, meals and other reiated items for the NLC conference) In 10 1-41110-81 00, contingencies, $6,000 is also available. Recommended Motion: Move to approve attendance of Councilmember Kelzenberg at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. COUNCIL ACTION: -131- COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: -, C ~ NO: Other Business ITEM: Elected Official Out of NO: State Travel Meeting of: January 22, 2007 ORIGINATING DEPARTMENT: CITY MANAGER'S APPROV AL BY: DATE: BY: Bruce Nawrocki DATE: January 18, 2007 Background: A law was passed during the last Legislative session requiring governing bodies to develop a policy controlling travel outside the State of Minnesota for applicable elected officials by January 1,2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel Policy on November 14,2005. Councilmember Nawrocki has requested authorization for expenses to attend the National League of Cities 2007 Congressional City Conference from Saturday, March 10 to Wednesday March 14, 2007 in Washington, D.C. Agenda for the conference is attached. Estimated costs as required are: . Registration . Housing . Airfare . Meals . Ground transportation Total $410 $860 (four nights) $280 $150 $100 $1,800 Payment may be made in advance for registration, airfare, and lodging if specifically approved by the Council. Otherwise, all payments will be made as reimbursements. The 2007 adopted budget for Mayor-Council includes: $400 101-41110-3105 (for NLC conference registration) $1,000 i 0 i -4 i i i 0-3320 (for transportation, lodging, meals and other related items for the NLC conference) In 101-41110-8100, contingencies, $6,000 is also available. Recommended Motion: Move to approve attendance of Councilmember Nawrocki at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. COUNCIL ACTION: -132- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 22, 2007 ITEM: Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments NO: BY: DATE: Patty Muscovitz January 5,2005 CITY MANAGER'S APPROV AL BY: ti, DATE: AGENDA SECTION: NO: l-L~ q ORIGINATING DEPARTMENT: CITY MANAGER Nominations for Council President are at Council discretion. Attached is the recommended list of Council/City Staff assignments. MOTION: Move to appoint , as 2007 Council President. "" ....r\..,.-.T/""'\'lr.T. 1\ K__~_ 4._ ____..........- +1........ _.....""".......___......_...3..........1 "")f){'\""7 1"............"....:1 C+n++T ;..";,""...,,,,\ """,,,;n"t"\r\"'\oT"'ltC" IVI v 11 VI 'I. IVIUVl;; Lv dPi-1! U VC; LHe J C;~UllUll"'UU"'U ..VV I '-'V..,U'-'ll '.HUH LdUl.:>VU , '':>':>161Ull'-'11L''. COUNCIL ACTION: 11:\2007 president & liaisons -133- 2007 COUNCIL/CITY STAFF ASSIGNMENTS Commission Telecommunications Commission Library Board Park & Recreation Commission Planning & Zoning Commission Traffic Commission SACC Suburban Rate Authority National League of Cities League of Minnesota Cities Association of Metropolitan Municipalities Rice Creek Watershed Advisory board North Star Conidor Joint Law Enforcement Council Youth Initiative Commission Charter Commission Neighborhood Watch and Citizen Emergency Response Team (CERT) H/Boards & Commissions Liaison Bruce Nawrocki Bruce Kelzenberg Tami Diehm Gary Peterson Bobby Williams - alternate Bruce Kelzenberg Gary Peterson Bruce Nawrocki - delegate Public Works Director - alternate Gary Peterson - delegate Councilmembers - alternates Bruce Kelzenberg - delegate Council/City Manager -alternate Bruce Kelzenberg - delegate City Manager - alternate Bobby Williams - delegate Kevin Hansen -alternate Bruce Nawrocki Gary Peterson - delegate Chief of Police - alternate Bobby Willianls Gary Peterson - delegate Tami Diehm - alternate Gary Peterson Bobby Williams - alternate -134-