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April 23, 2007 Regular
CITY OF COLUMBIA HEIGHTS S90 40'~ Avenue NE, Columbia heights, MN 55421-3878 (763}706-3600 "rDD (763} 706-3692 Visit nur website at: wwro.ci.c~lumbiu-hei~•hts.aen_us 4i:unr Cam L. Perersar Cuuncilmember Roberr.(. DVilfiams Bruce r4'aivracAi Tanunera Dfehm Bruce KeLenberg City 14lanaacr Walter R. Fehst The fallowing is the agenda for the regular meeting of the City Council to beheld at 7:00 p.m. on Monday, April 23, 2007 or immediately following the Public Improvement Hearing 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. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALL/INVOCATION Invocation by Lorraine Mel, Pastoral Minister, Immaculate Conception 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 maybe items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS PRESENTATIONS RECOGNITIONS AND GUESTS A) Proclamations -none B) Presentations 1) Columbia Heights Athletic Booster Association donation to Recreation program. 2} 2007 Sister City Young Artist Showcase -Blue Ribbon winner: Iman Hassan and Red Ribbon Winners: Brittany Benson and Youa Yang C) Introduction of New Employees -none D) Recognition -none S. COh'SEi~T AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Apri19, 2007 Board of Review and regular meeting minutes a) MOTION: Move to approve the minutes of the April 9, 2007 Board of Review as presented. b) MOTION: Move to approve the minutes of the April 9, 2047 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a} Accept the March 2$, 2007 minutes of the Park and Recreation Commission. PS P8 P27 City Council Agenda April 23, 2007 Page 2 of 4 3) Adopt Resolution No 2007-5~ being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling P31 MOTION: Move to waive the reading of Resolution No. 2007-52, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-52, being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling. 4) Approve transfer of funds from the General Fund to Police Department budget to reimburse P34 overtime fund MOTION: Move to transfer $4,032.38 received from Unique Thrift Stares and $4,279.75 received from Columbia Heights School District - a total of $8,312.13 -from the General Fund to the Police Department 2007 budget line #1020, Police Overtime. 5) Adopt Resolution No 2007-60 being a Resolution authorizing tl'ie cleaning and linil-i>; of 3,50 P49 lineal feet of water main under the Minneapolis 2007 program Citesproject No. 0703 MOTION: Move to waive the reading of Resolution 2007-60, there being ample copies available for the public. MOTION: Move to adopt Resolution 2007-60, being a Resolution to accept the Feasibility Report for the 2007 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and Lining of pipe totaling 3,6501ineal feet, under the City of Minneapolis water main cleaning and lining program for 2007. 6) Adopt Resolution No X007-59 being a Resolution acce,~tin~ bids and awarding a contract for City project #0700: 2007 miscellaneous concrete repairs and installations Ps6 MOTION: Move to waive the reading of Resolution No. 2007-59, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-59, accepting bids and awarding the 2007 Miscellaneous Concrete Repairs and Installations, Municipal Project #0700, to Ron Kassa Construction, based upon their low, qualified, responsible total bid in the amount of $12,333.SS with funds to be appropriated from Fund 401-50700-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 7) Authorize agreement with Nesbit Agencies to be Agenda of Record for the City's insurance P59 package. MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Nesbit Agencies to become our Agent of Record for the City's insurance package. 8} YMCA Market Study for Activity Center P6o MOTION: Move to authorize contributing to the cost of a joint market study with the YMCA at a cost to the city of up to 50% of the total study cost, or $12,500, whichever is less, to be paid fram Fund 418. 9} Approve the items listed for rental housing license applications P6z MOTION: Mave to approve the items listed for rental housing license applications far April 23, 2007. -~- City Council Agenda April 23, ?007 Page 3 of 4 10) Approve reissue of rental housing license for 4502 Washington Street NE as it complies with City Code P6 s MOTION: Move to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street NE in that the provisions of the residential maintenance Cade have been complied with. 11) Approve Business License Applications P66 MOTION: Move to approve the items as listed on the business license agenda for April 23, 2007 as presented. 12}Approve Payment of Bi11s P6a MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 121096 through 121521 in the amount of $713,816.54. 6. FUBi.iC HEARINGS A} Second reading of Ordinance No 153 being an Ordinance relating, to the use of temporary si€,na~e in the business districts in the City of Columbia Heights P76 MOTION: Move to waive the reading of Ordinance No. 1523, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1523, being an Ordinance relating to the use of temporary signage in the business districts in the City of Columbia Heights. B) Second reading of Ordinance No 154 being_an Ordinance relating; to the lengths of required off-street parking, stalls in the City of Columbia Heights P93 MOTION: Move to waive the reading of Ordinance No. 1524, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1524, being an Ordinance relating to the lengths of required off-street parking stalls in the City of Columbia Heights. C) Adopt Resolution No X007-61 beingLa Resolution for Rental Housing License Revocation at 679 40`h Avenue N.E. Pioo MOTIOl~: Move to close the public hearing and to waive the reading of Resolution No.2007-61, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-61, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of the rental license held by Cynthia Agyil regarding rental property at 679 40`h Avenue N.E. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions -none B) Bid Considerations 1} Adopt Resolution No X007-6~ being a Resolution accepting bids and award a contract for the Plo3 demolition of three buildings located at 50th and Central Avenues to Rachel Contracting MOTION: Move to waive the reading of Resolution No. 2007-62, there being ample copies available to the public. -3- City Council Agenda Apri123, ?007 Page 4 of 4 MOTION: Move to adopt Resolution No. 2007-62, for the removal/abatement of hazardous materials and removal-demolition of three (3) structures located at 4940, 4946 and 4952 Central Avenue, Municipal Project #0751, to Rachel Contracting of Maple Grove, Minnesota, based upon their low, qualified, responsible total bid in the amount of $49,676.00 with funds to be appropriated from Fund 436-50751-5110; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C) Other Business -none 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. Anyane who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm _4_ OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS BOARD OF REVIEW APRIL 9, 2007 6:00 P.M. ~~~ ~~x~~~~~ ~~~ ~ ~'~'~a The following are the minutes for the Board of Review for the City of Columbia Heights City Council held at 6:00 p.m. on Monday, April 9, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. BOARD OF REVIEW Council President Dielun called the meeting to order at 6:04 p.m. ROLL CALL Present: President Diehm, Counciimember Nawrocki, Counciimember ILeizenberg, Counciimember Williams, Mayor Peterson STATEMENT OF PURPOSE OF THE BOARD OF REVIEW Diehm stated that the purpose of the meeting was to review property valuations as of January 2, 2007 for taxes payable 2008, and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. INTRODUCTION The City Manager introduced the Anoka County Appraisers Jim Rouleau, Senior and Cornrnercial Appraiser and Dan Stevenson, Residential Appraiser. QUSTIONS AND ANSWERS REGARDING PROPERTY VALUES Citizens in attendance, that signed in to speak, were called upon in order by Stevenson. Ron Cadieux, 667 45`h Avenue NE, stated that his taxable value went from $234,000 to $261,700 and has spoken to the assessor regarding the increase. Stevenson stated the sales that determine transactions for the values discussed tonight are October 2005 to September 2006. Cadieux stated the figures are not realistic and properties are not selling. Rouleau stated that as appraicerc, they ;,re historians and they do not anticipate the market. Properties on what the market was. Values can not be determined on what the market is at this time. The current sales would be considered in 2008-2009. This is set by State Statue. Cadieux stated that he has ter, valuations that indicate tl~.e taxable rate. Rouleau stated that by Legislative law we have only a 12 month period to look at. Cadieux stated this is a kangaroo court. Nawrocki stated it is statutory that we have to be here. The resident should be concerned whether other properties, similar in nature, have been treated the same or valued the same. He indicated that he voted against the increases, but by majority there was a tax increase. The resident is paying taxes based on $231,000. Rouleau stated that this resident's value went up four percent. Last year he had a limited market value. Stevenson offered to visit the property, by appointment. Sheldon Angle, 3850 2% Street, stated that he just received an appraisal of $183,000 and that is less than the taxable amount last year. It is assessed now at more than the maximum. he could sell it for. The assessed value for 2007 is $201,000. In trvo years the value has -5- gone up $18,000. Angle felt his increase was out of line. Stevenson stated that the value went up $4,400 from 2007 to 2008. Stevenson asked if it was a market analysis or an appraisal. Angle stated it was an analysis. Stevenson stated that values are based on actual sales and that he was at the property in September of 2006. Angle stated that they were not home, but his wife called in and answered questions on the property. Nawrocki stated that Mr. Angle only paid $28 more in taxes. Stevensan offered to come back out to the property for a re-evaluation. Greg Lorenson, 4156 Washington Street NE, stated he bought his house in 2000 for $50,000. It is over 100 years old and is now said to be worth over $130,000. The house is under 500 square feet, and has the bathtub in the kitchen. The downstairs is not even six feet high. The house needs repair and he would demolish it and rebuild if he could. He asked for a true estimate. Stevenson indicated that the tot is 50 x 129 square feet and is valued at $80,000, and if it is livable the house is worth more than $20,000. Lorenson stated that he has considered selling this year, but it is hard to find comparisons of homes under 500 square feet. He stated that he would sell it for $100,000 if he could. Fehst stated that we now have a program to purchase this type of property. Council discussed the location of the property. Peterson asked if there is a garage. Lorenson stated yes. Fehst asked if that is about the lowest value of home in Columbia Heights. Stevenson stated that is about the lowest. The owner is paying taxes on a $121,600 value this year. Stevenson stated that the owner of 647 37`h Avenue could not be present, but wanted to be included in the recording so he would still have the option to appear at the County hearing. Rouleau stated that he viewed and reduced this property. It was a clerical error and will be corrected by tomorrow. Kathy Ahlers, 410 Hayes, indicated that she is a licensed realtor. Stevenson stated that her market value went down $300. Ahlers referred to the decline in the housing market and listed associated statistics. Diehm clarified the dates that this evaluation includes. Ahlers stated her belief that her value should be reduced. Rouleau stated that our values are based on what happened in '05-`06. We follow the market, not set the rate. Stevenson stated that this property has not been reviewed since 2003 and would be reviewed next summer. Ahlers asked if the City or County does the valuation. Fehst stated that the County does it as our agent. Ahlers stated that she does not want to pay for new sewers in Blaine. Rouleau stated that each city is evaluated individually. Diehm reiterated to look at how the values of the houses in the area are assessed. Peterson stated that he is t«ro blocks away from this property. His value went up $20,000 and his tax only increased $20. Peterson stated that he is aware of how the funds are used and is pleased with his rate. Nawrocki referred to the sales ratio. Rouleau stated that the sales ratio of the period is the gauge to make adjustments for the next year's property values. Ahlers asked how far prices have to drop before the taxes will drop. Rouleau stated that they have to be at between 90 and 95 percent. If the market goes dawn, we will adjust the values dawn. Diehm stated there was a section of the City last year where values dropped significantly and the residents were very concerned about it. Diehm asked if there was anyone else to speak at the Board of Review. There was not. Mohan by Williams, second by Kelzenberg, to adapt the 2007 Assessment Ro11s as presented Upon vote: All ayes. lYTation carried. -6- Adjaurn Diehm adjourned the meeting at 6:58 p.m. Patricia Muscovitz CMC Deputy City ClerklCauncil Secretary -7- ~i~F1EvE ~~~~~~ ~~~~ ~ ,,~ - I -~-s OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS ~ ~~ ~~~~ CITY COUNCIL MEETING APRIL 9, 2007 The following are the minutes for the regular meeting of the City Council held at 7:12 p.m. on Monday, April 9, 2007, immediately following the Board of Review, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. Rev. Peter Law, Community United Methodist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to add discussion of a letter from the Mayor dated February 27`h. Peterson placed this under Other Business. PROCLAMATIONS, PRESENTATLONS, RECOGNITIONS AND GUESTS Proclamations 1) 2007 Prayer Breakfast Mayor Peterson read the 2007 Prayer Breakfast Proclamation, which will be held on Wednesday, May 9, 2007. 2) Arbor Day Mayor Peterson read the 2007 Arbor Day Proclamation, Peterson stated that we are a Tree City USA; which we can be proud af. This praclarnation will ga to the City Forester. 3) Community United Methodist Church Centennial Mayor Peterson read the Community United Methodist Church Centennial Proclamation and stated his pride to present it to Pasytor~,Peter Law. This was the fiyrst church~in Columbia Heights. Peterson stated that he learned taI'iigilt that Pastor Law will retire this June after 42 years of ser/.ce°. He stated our pride to have had Pastor Law here for the years he served our community. Peterson presented Lay Leader Mary Tholkes with the Proclamation. Lay Leader Tholkes presented the City with the Community United Methodist Church History booklet. Pastar Law introduced his wife. He announced that an July ls` Pastor Ruth Hograbe will be appointed Head Pastor. Introduction of New Employees 1) Raman Gomez -Library Clerk Becky Loader, Library Director, introduced Raman Gomez, the new Library Clerk. She gave his background and stated that he worked for the Library far five year as a page. Gomez thanked the Council for the opportunity to work far the City. CONSENT AGENDA Walt Fehst, City Manager, took Council~nembers through the Consent Agenda items. Nawrocki requested to remove items 4, 5, 6, 7, and 8. 1 } Approve City Council Meeting Minutes for the March 26, 2007 regular City Council meeting Motion to approve the minutes of the March 26, 2007 regular City Council meeting as presented. -8- City Council Minutes April 9, 2007 Page 2 of 19 2} Accept Boards and Commissions Meeting Minutes a) Accept: Minutes of the February 27, 2007 Economic Development Authority meeting. b} Accept: Minutes of the April 3, 2007 Planning and Zoning Commission meeting. 3) Approve City Newsletter Printing_Quotations for 2007-2008 Motion to enter into an agreement with Custom Business Forms for printing, publishing, and distributing the City newsletter based upon their proposal of $4,512.00 per issue for three publications in 2007 and four publications in 2048; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki indicated that he took exception with the Council letter indicating this would be a significant improvement over the current newsletter. He indicated that Rapid Graphics has done a good job providing the newsletter for the city. 4) Adopt Resolution No. 2007-44, being a Resolution adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan -removed 5) Authorize to seek bids for the purchase of generators, including installation, for the City pump house, Public Works building and Murzyn Hall -removed 6) Adopt Resolutions No. 2007-55 and 2007-56, being resolutions supporting application of the Non- Motorized Transportation Pro rg am (NTP for the replacement of the pedestrian bridge and mobility elan -removed 7) Approve change of the current procedure to dispose of appliances through Allied Waste/BFI Services -removed 8} Approve contract addendum to Bolton and Menk for en ing eering inspection services -removed 9} Adopt Resolution No. 2007-57, approving a Conditional Use Permit for outdoor sales at 2261 37tH Avenue Motion to waive the reading of Resolution No. 2007-57, there being ample copies available to the public. Motion to adapt Resolution No. 2007-57, approving a Conditional Use Permit for outdoor sales far Frattalone's Greenhouse, located at 2261 37th Avenue, subject to the conditions outlined in Resolution No. 2007-57. RESOLUTION N®. 2001-57 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0402) has been submitted by Frattalane's Ace Hardware to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37`h Avenue. LEGAL DESCRIPTION: On file at City Halt. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Plamling Commission has held a public hearing as required by the city Zoning Code on April 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the PIanning Commission regarding die effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of tire, and risk to public safety in the surrounding a~e~s; and City Council Minutes April 9, ?007 Page 3 of I4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 10) Approve the items listed for rental housing_license applications for April 9, 2007 Motion to approve the items listed for rental housing license applications for April 9, 2007. 11) Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 9, 2007 as presented. 12) 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 120938 through 121095 in the amount of $939,303.95. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of items ~, ~, 6, 7, and 8. Upon vale: All ayes. 1`~fiotion catTied. 4. Adopt Resolution No. 2047-44 being a Resolution adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan Nawrocki questioned what a Hazard Mitigation Plan was and how it pertains to Columbia Heights. Fire Chief Gary Gorman stated this plan was mandated by the State of Minnesota for requirements of Homeland Security management. In August of 2005 we began assisting with this plan by providing community information. The County submitted the combined plan to the State and to FEMA. To make it official, each community must approve the plan by resolution. The public plan is 329 pages long and the non-public plan is 1.85 pages. Nawrocki asked what would happen if a major tornado came through our community. Gorman stated this plan shows things that have happened or could happen, based on history, and what communities have done to alleviate any foreseeable damage. Gorman referred to updates in the storm water systems and ponds in our community. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. - to - City Council Minutes April 9, ?007 Page 4 of 19 Motion by Williams, second by Kelzenberg, to adapt Resolution No. 2007-44, being a resolution adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-44 RESOLUTION TO ADOPT THE ANOKA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the State of Minnesota has ordained that every county and incorporated municipality in the state is required to have a Hazard Mitigation Plan approved by the Minnesota Department of Homeland Security and Emergency Management, to maintain eligibility for state disaster assistance after November 2004; and WHEREAS, the Federal Emergency Management Administration (FEMA} under the Disaster Mitigation Act of 2000 has ordained that every county and incorporated municipality within the county is required to have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for Presidential disasters declared after November 2004; and WHEREAS, under the Disaster Mitigation Act of 2000, the Federal Emergency Management Agency (FEMA} has issued an Interim Final Rule that details the minimum criteria for local hazard mitigation plans; and WHEREAS, the City of Columbia Heights agrees with the concept of and necessity for hazard mitigation planning; and WHEREAS, The Anoka County Hazard Mitigation Planning Committee recommends the adoption of the Anoka County Multi-Jurisdictional Hazard Mitigation Plan and; WHEREAS, the Minnesota Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency have conducted a review of and approved the Anoka County Multi-Jurisdictional Hazard Mitigation Plan; WHEREAS, the Anoka County Board of Commissioners fornially adopted the Anoka County Multi-Jurisdictional Hazard Mitigation Plan on November 28, 2006; NOW THEREFORE, we, the City of Columbia Heights Council, hereby adopt the Anoka County Multi-Jurisdictional Hazard Mitigation Plan as submitted. Authorize to seek bids for the purchase of generators, including installation, for the City pump house, Public Works building and Murzyn Hall. Nawracki questioned the size of the existing Public Works generator. Steve Synowczynski, Shap Foreman, stated there is not a generator at the Public Works building. There is a 1972 portable unit. Fehst stated. that two of the requested generators are budgeted, and one is not. We would save money by purchasing in volume. The portable generator is too small to run Murzyn Hall, and there have been times when senior citizens have been in harms way in the building without power, so we are proposing a generator for there. Nawrocki asked what would happen to the current generator. Synowczynski stated that we had to rent generators to run the lift stations, and the portable unit would be saved for the lift station and Sullivan pond. Gorman indicated that this purchase is relative to the last resolution dealing with emergency management. In 2005 the entire city was without power for days due to a storm. The generator purchased in 2003 ran city hall. We want to be sure that we continue to provide city services in an emergency. Murzyn Hall is a shelter for future emergencies and electricity is necessary. He referred to the incident when senior citizens were kept in at Murzyn Hall with na lights or ventilation. It is our goal to obtain generators for the essential services. We can save a significant amount by purchasing three generators at one time. Xcel Energy has a program that during peak energy use that they request you go to generator power, and receive a savings on their bill. It could save about $10,200 a year in that situation. Synowczynski stated that the current generators can not run both pumps at a lift station, which these would doe The current generators would be-u~~d-as backups. Nawrocki questioned why the t~vo City Council Minutes Apri(4, 2UU7 ~ Page 5 of C 9 current generators could not be used at Murzyn Hall. Synowczynski stated that the mobile generator will still be used at the lift stations. The current model was made in 1972 and is hard to get parts for. Synowczynski stated one generator is about $35,000 with installation. Gorman stated the Murzyn Hall generator would be the biggest and would cost about $60,000 to $62,004 installed. Nawrocki questioned where the funds would come from. Fehst stated that two were in the budget and the other would come from the General Fund balance anal the energy discount program. Kelzenberg indicated the energy costs savings of using generator power when requested by the utility company. Gorman stated that the savings last year was $3,800. With all generators on the program the total would be over $10,000. Gorman stated that the Murzyn Hall generator would be a selling point, as there have been outages during weddings. Peterson stated that Murzyn Hall is our emergency shelter and a generator is necessary. Hopefully, the generator never needs to be started. Na4.vrocki stated that you will not be able to provide for every emergency. Madan by Diehm, second by Williams, to authorize staff to seek bids for the purchase of generators, including installation, for the City pump house, Public Works building and Murzyn Hall. Upon vote: All ayes. Motion carried. 6. Adopt Resolutions No. 2007-55 and 2007-Sb being resolutions supporting application of the Non- Motorized Transportation Program (NTP) for the replacement of the pedestrian bridge and mobility plan. Nawrocki questioned the purpose and what the NTP was. Kathy Young, Assistant City Engineer, stated this is a pilot program that is being tried in four metro areas nation wide. This funding is for our particular area. Nawrocki asked for more information on NTP. He stated funding would be far the pedestrian bridge or the trail program. Young indicated this would be a supplement to the federal request for pedestrian bridge funding. Nawrocki stated that the request was made to Senator Ellison. Fehst indicated the legislative process the request has passed through. Nawrocki questioned the funding requests. Young indicated this request is $3.8 million and the federal request is $2.8 million. Nawrocki stated that is was not an action of the Council; and that the pedestrian bridge belongs to MNDOT and should be their responsibility. Young stated that it is, but it is very low on their priority list. Fehst stated that the State has abandoned many of their responsibilities, such as along University Avenue, so we are trying to help ourselves. We may have to come up with some funds from our State Aid account. He invited residents to view the bridge and indicated that handicapped persons must crass at the light, endangering their life. Students can not crass legally unless they go over the bridge. Nawrocki stated the impetus for the bridge was a child killed crossing against the light. Nawrocki stated it would be nice to have a new bridge, but indicated concern with increasing city debt. He Listed current projects that would incur city indebtedness. Nawrocki questioned the trail way study cost. Young stated $23,000, with the $18,000 grant we are applying for and $5,000 from state aid maintenance funds. Nawrocki stated that we could hold off an these projects. If the bridge needs to be replaced, we should talk to MNDot about replacing it. Fehst stated that we talked to them about this when the Design Team was in Columbia Heights. Nawrocki requested a copy of their response. Williams stated this resolution was to support a request for funds. Motion by Williams, second Kelzenberg, to waive the reading of Resolution No. 2007-55, there being ample copies available to the public. Upon vote: All ayes. Madan carried. - 12 - City Council Minutes April 9, ?007 Page 6 of 19 Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-55 supporting request for infrastructure funding through the NTP grant program far the construction of a pedestrian bridge over Central Avenue (TH 65} at 49th Avenue. Nawrocki questioned the need for these things. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-55 BEING A RESOLUTION REQUESTING CONSIDERATION OF INFRASTRUCTURE FUNDING THROUGH THE NON-MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WI-IER~AS, the City of Columbia Heights desires to reconstruct the pedestrian bridge over T.H. 55, at 49~' Avenue NE; WHEREAS, die improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of Transportation; and WHEREAS, the City of Columbia Heights is committed to securing other federal, state, and local funding if the project is selected by Transit for Livable Communities as part of the Non-Motorized Transportation Pilot Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements not federally funded be shared between the Non-Motorized Transportation Program and the City of Columbia Heights. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-56 there being ample copies available to the public. Steven Popa, 3812 Van Buren, indicated the need for a pedestrian bridge in the area of McDonalds or there should be a crossing guard. Upon vote: All ayes. Motion carried. Malian by Williams, second by Kelzenberg, to adopt Resolution No. 2007-56 supporting request for planning funding through the NTP grant program for a bike and pedestrian mobility plan. Upon vote: Kelzenberg aye, Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION NO. 2007-56 BEING A RESOLUTION REQUESTING CONSIDERATION OF PLANNING FUNDING THROUGH THE NON-MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE DEVELOPMENT OF A BIKE AND PEDESTRIAN MOBILITY PLAN WHEREAS, the City of Columbia Heights proposes to develop a comprehensive bike, trail and pedestrian plan; and WHEREAS, the plan will benefit both the City of Columbia Heights and surrounding communities; and WHEREAS, the City of Cohtmbia Heights is committed to praviding the local share of the casts if the project is selected by Transit for Livable Communities as part of the Non-Motorized Transportatian Pilot Prograan. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible far the develapment and eventual implementation of the Mobility Plan; and BE IT FURTHER RESOLVED that the casts of the p~a'nning study be shared between the Nan-Motorized City Council Minutes April 9, ?007 Page 7 of 19 Transportation Pilot Program and the City of Columbia Heights. 7. Approve change of the current procedure to dispose of appliances through Allied Waste/BFI Services Nawrocki questioned items from the waste hauler contract and rebates we received. Fehst stated that Jesse Davies was not available and he would research the answers. Nawrocki questioned the number of houses in violation of the number of appliances picked up. We have had an example of one property violating the intent of the program. If we feel people are violating the intent, why not go after the violators. Kelzenberg stated that with the contract we have, nothing is being violated. Fehst stated that in a six month survey the hauler determined 3,091 appliances were picked from only 7.S percent of the users. T'he contractor, Allied Waste/BFI, had estimated they would collect approximately 84S appliances per year, so the amount is far above the anticipated number. They contract out appliance pick up. Fehst indicated the problem seems to be multiple housing units, with property owners bringing appliances in from outside the city for disposal. There is nothing to stop them from using our service. The contractor anticipates a loss of $75,000 in their contract. Fehst stated that we could do nothing and they could walk away from the contract, or drop white goods disposal as most stores include disposal with purchase and pay the $3S for each removal, or give residents one free appliance removal per year. Nawrocki indicated that we have not checked who is abusing the service. There are not a specific number of pickups in the contract. Fehst stated it was in the specifications. Nawrocki indicated that appliances have a market for the recycling of Freon and questioned if that is taken into account. The contract states the contractor shall do the investigation for the quantity of work to be performed and agreed to complete the work under any circumstances. We have a contract and they are trying to change it at the expense of our citizens. Fehst stated that citizens will pay more in the future if we don't work with our long time contractor. Fehst stated that currently there is no regulation to limit the number of appliance pick ups requested. Diehm stated that BFI came to us and explained the problem. We requested facts and figures, which they supplied. Of the 6,000 households they serviced only 7.S percent that used this service. It seems unusual that this percentage of households produced 3,091 appliances in six inantils. Diehm indicated that when an appliance is purchased from a retailer, disposal is included in the delivery. She stated concern. that people buying appliances by other means still have a way to get rid of their old appliance. The work session discussion included allowing ane removal per year. BFI wants us to administer the program, but that would be a burden to our staff. We would ask BFI to do so. The abuse is unfortunate, but this is an acceptable compromise. Motion by Diehm, second by Williams, to authorize change in the procedure to dispose of appliances through Allied Waste/BFI and establish one free appliance pickup a year per parcel and a fee based appliance disposal far all additional appliances (per year} in the current City of Columbia Heights refuse services. Jeanan Stipes, indicated he works far Schwartzman Metal Recycling out of Anoka and they are now capable to work with cities on appliance removal. Fehst stated that Allied does contract. out the removal. Upon vote. Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - l nay. otiac~ carried. _ t 4 _ City Counci] Minutes April 9, 2007 Page 8 of t9 8. Approve contract addendum to Bolton and Menk for en ~n>n Bering inspection services. Nawrocki stated that an additional payment was just authorized to this company two months ago. Young stated that it was indicated at that time an additional request for payment would be presented. Nawrocki questioned the high cost of the service. Fehst stated that in the future if we know there is that much work to be done, we should hire another person. Peterson suggested talking to the City Engineer to see if it is necessary to add another employee. Nawrocki suggested to take competitive bids if hiring a contractor. Motion by Diehm, second by Kelzenberg, to authorize Contract Addendum No. 1 to Bolton and Meek, Inc. for additional Engineering Inspection Services added by the City, in the amount of $IO,S94.~0 with funding out ofHuset Parkway, Phase II Development Agreement, State Aid and Engineering. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. PUBLIC HEARINGS A. Public Hearing -Adopt Resolution No. 2007-54 beine~, a Resolution adopting a housing_prograrn with respect to a senior housing_project;_grantingpreliminary approval for the issuance of multifamil by ousing revenue bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. Fehst introduced John Utley, Kennedy and Graven, our band attorney. John Utley indicated that Crestview Corporation has requested the City re-issue two series of revenue bonds, to refund outstanding bonds from 1998 and 2002 that financed and refinanced existing facilities and Crestview on 42°a. The new bond issue, if approved, would refund those outstanding bonds and also finance some improvements to the existing facilities. For the city to issue the bonds, the public hearing regarding the housing program is necessary and the adoption of a preliminary resolution. If approved, we will initiate documentation. When approved by each of the parties, it would come back to the City Council. for final bond approval. It would then proceed to a closing and bands would be issued. It is important to note that the proposed are revenue bonds, authorized under State Statute far a private non-profit party. There is no obligation to the City. If there is default or delay in payment, the City can not be asked to make up the deficiency. The quality of the bonds does not have any impact on the City's credit rating. The City is acting as an accommodation party to allow them to borrow at a tax exempt rate and deliver services at a lower cast. Nawrocki questioned the amount to refinance. Utley stated that the bond issue size for refunding is approximately $21.5 million and an additional $1 million of taxable bonds that can't be paid from tax exempt proceeds. Of the initial series approximately $17 million would be refunding, leaving about $3 million for improvements. Nawrocki questioned if they are current in principal and interest payments. Utley stated it is not possible to borrow money if you are in default. Nawrocki questioned what the new money is for. Utley indicated that Shirley Barnes could answer that question. Nawrocki asked for the existing interest rate. Utley indicated he did not have that rate, but they expect a significant savings. Nawrocki questioned haw this could be justified to the citizens. Utley indicated that the expectation of cost savings would be passed on with greater services or reduced costs to citizens. Nawrocki questioned if we should do this for other senior projects, such as the one proposed on 37t" Avenue. Diehln stated that they are for profit groups and do not meet this City Council lvfinutes Aprit 9, ?007 Page 9 of 19 definition. Utley stated this resolution is to gauge the Council's interest in proceeding. Kelzenberg stated he would like to know the difference in the interest rates before the final resolution is approved. Diehm stated her understanding that this is to express our interest to move forward and additional details will be worked out in the process. Utley indicated that the Council is not bound to approve the second resolution. Shirley Barnes, Crestview Senior Communities CEO, described that there is a bond council, underwriters council and borrowers council. We can get Countil the difference in the interest rate. A lot ofnon-profits refinance. In our care center we service 70 percent of residents who are on Medicade. It is the only skilled nursing facility in this community. We are fortunate to have this here since 1952. In our assisted living, we were one of the first ir. Anoka County to provide this care to low income. In Royce Place assisted living one-third of the people are served through county programs. At Crestview on 42"d Avenue one-fourth are served by the elderly waiver care system. We are always up to date on our payments. This will assist us to service all with economic need. Nawrocki asked how many other similar facilities are there in the metro area. Barnes stated that in Minnesota there are only six private homes, the rest accept aid. Motion by Diehm, second by Williams, to close the public hearing and waive the reading of Resolution No. 2007-54, there being ample copies available to the public. A resident requested placement of a speed sign. Peterson suggested that request be brought to the Traffic Commission. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2007-54, being a Resolution adopting a housing program with respect to a senior housing project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. Upon vote: All ayes. 1Vlotion carried. (Resolution 2007-54 can be found at the end of the document.} B. Second readin~• Adopt Ordinance 15~~ Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales. Jeff Sargent, City Planner, refef~•ed to questions at the first reading regarding what governs current uses. He requested to remove this ordinance and rework it to tighten the requirements. Peterson withdrew the ordinance request. Nawrocki stated it makes sense to get away from this repeated paper work every year and it would be good to look closer at fireworks sale facilities. Diehm thanked hirn for the additional consideration of this item. C. First reading Ordinance 153 Zoning Amendment to the Zoning Code as it relates to Temporary Signs- _ ~ ~ _ City Council Minutes Apri19, ?007 Page 10 of 19 Sargent stated that this is to improve the intent of the temporary sign zoning ordinance and design guidelines. There are four areas lacking in the current code 1) location, 2) number of signs and duration of placement, and 4) portable signage. Sargent described each item, indicated the proposed ordinance, and the reason for the recommendation. This would not allow temporary signs to be used for permanent signage. The full ordinance changes are Listed in the Council's packet. Nawrocki asked if we are doing anything about permanent signs. Sargent indicated the code covers the size, etc. and the Design Guidelines cover signs on Central and University Avenues. He indicated the difference in permanent and temporary signs. A record is kept of permanent signs. There are restrictions far the amount of permanent signage allowed and this would restrict the temporary signage. Nawrocki referred to the donut shop truck in their parking lot for advertising. Sargent stated that is a commercial vehicle on commercial property and there is not much we can do about it. Nawrocki asked if anyone could put such a vehicle on their property. Sargent stated yes, if it is legally parked there is nothing vre can do. He stated that this ordinance does not go far enough. Nawrocki questioned the exclusion of election and real estate signs. Sargent stated the code lists signs that are eliminated and that remains unchanged. Nawrocki questioned signs off the premises. Sargent stated those would be affected by other areas of the code and are based on the situation. Nawrocki questioned how a shopping center could be limited to four signs. Sargent stated he would keep a list and deny the request if there were more than four temporary signs. Nawrocki asked what area is considered the CDB. Sargent described the area. Nawrocki questioned if a sandwich board sign has two sides or four. Sargent stated they are described as having two sides. Nawrocki questioned why sandwich boards are allowed on sidewalks only. Sargent indicated that the way the CBD is designed to have a zero set back it would be allowed so as not to exclude them, as long as they do not interfere with safety or pedestrian travel. Nawrocki stated this ordinance is a good start, and our liquor stores should be included. Kelzenberg questioned if the Planner had conversations with any business owners on this. Sargent stated no, not at this point. Kelzenberg stated he received a call from Jeff Bahe. Sargent indicated. he has not spoken to him on this matter. Motion by Kelzenberg to table Ordinance 1523 for the time being. Dielun suggested that like the last ordinance, the first reading could be completed with discussion and the decision made to table at the second reading. Kelzenberg agreed, but asked the City Planner to contact Jeff Bahe on this matter. Sargent stated this was discussed at two Planning Commission meetings and was advertised as required. This is the first of two reading and there is 30 day period far petition before passage of an ordinance. Kelzenberg withdrew the motian. Petersen suggested setting the second reading far one month from now, to allow time far businesses to bring up any concerns. Motion by Nawrocki, second by Diehm, to close the public hearing and waive the reading of Ordinance No. 1523, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki to set the second. reading of Ordinance No. 1523 for Monday, April 23, 2007, at appraxiinately 7:00 p.m. in the City Counclifi Chambers. City Council Minutes April 9, 2007 Page I 1 of l9 Diehm suggested a friendly amendment to hold the second reading of the ordinance at the first meeting in May. Peterson called for a second. Diehm seconded the motion for purpose of discussion. Diehm stated the hearing can be scheduled and tabled at that meeting, if necessary. Upon vote: Kelzenberg, aye; Williams, abstain.; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. D. First reading: Ordinance 1524, Zoning Amendment to the Zoning~Code as it relates to Parking Stall Len hs. Sargent stated this ordinance is to better implement the goals of our comprehensive plan. Reducing parking stall length would provide better flexibility in site design, while helping to potentially reduce hard surfaces and provide better on-site traffic circulation. He listed examples of past situations. Sargent referred to surveying other first-ring suburbs, as well as Minneapolis and St. Paul. Nawrocki questioned if this would cause snow removal problems. Sargent indicated the hope that the owner would remove snow in a sufficient manner. Nawrocki clarified that if parking is nose to nose, the spaces must be 20 feet. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1524, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance No. 1524 for Monday, Apri123, 2007, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. E. Adopt resolution No. 2007-53, being a resolution for abatement of violations at 4656-4658 Polk St. Gorman indicated this property was addressed three times for an unlocked, unoccupied lower area in February. Finally, we had the door boarded up. This resolution would approve the immediate abatement to secure the property. Gorman stated this is not a licensing issue, rather an immediate abatement charge, Residents will nat be removed from the property. Motion by Diehm, second by Williams, to close the public hearing and waive the reading of Resolution No. 2007-53, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt resolution No. 2007-53, a resolution of the City Council of the City of Columbia Heights declaring the property at 4656-4658 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206, Upon vote: All ayes. Matian carried. RESCILUTION 2007-53 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and appraving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Va-Megn Thoj (Hereinafter "®wner of Record"). - I8 - City Council Minutes April 9, 2007 Page 12 of 19 Whereas, the owner of record is the legal owner of the real property located at 4656-4658 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 19, 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 followng: FINDINGS OF FACT 1. On March 1, 2007 the Fire Department was called to 4656-4658 Polk Street N.E. after receiving information that one of the units was unsecured. The Fire Department notified the City's chosen contractor and requested that they board the entrance to the unit to secure it. 2. 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: Secured the units on building to prevent unauthorized access. 3. "17iat 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 4656-4658 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4656-4658 Pollc Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Business Peterson read the letter he wrote to Councilmernbers on February 27, 2007 that Councilmember Nawrocki wished to discuss. The letter referred to a meeting discussion that was terminated and a member's comment to be more vociferous in future meetings. He stated that such actions shall not be tolerated and indicated that the letter was addressed to the entire Council, including himself. Nawrocki stated that he did not have a dictionary with him, but meant to say he will be active in pursuing his right to address matters in the meeting. The discussion was for expenditures of over $1 trillion and the question was called because Ize talked for 17 minutes. For that amount of money, that is not talking too long. Nawrocki read an unsigned etmail that was attached to the letter regarding impeachment of a councilmember. At the last meeting members spoke of not giving consideration to unsigned communications, but he would like to know where it comes from. He asked for that person to give hitn a call to discuss it. There is a provision in the City Charter whereby five registered voters can establish a committee for a recall petition. He stated that to the best of his ability he has items discussed. publicly. Williams stated that he called for the question on that issue, as the item was only to call for a public hearing date, and felt he the discussion was information meant for the public hearing. 17 minutes to set the date for the public hearing was unreasonable. If every person on the council did that, we would be here until 4:00 a.m. Peterson stated the email referred to was signed and he did respond to the person. Nawrocki stated that his discussion was not t~~set the hearing, but what was proposed at the hearing, pity Council Minutes April 9, 2007 Page 13 of 19 what kind of work, and who would be affected. ADMINISTRATIVE REPORTS Report of the City Manager • Work session -Monday, April 16, from 5:30 to 7:00 p.m. with a YMCA presentation to possibly work with the city on a community center and a possible report on the liquor store. • Last week the Recreation Department held a youth fishing program, in conjunction with Rick Johnson of SACA who is also a pro fisherman, and he brought in other professionals. Heard opinions that the program was exceptional. Passed on his thanks to Rick Johnson and our staff for this program. Children received a fishing pole and tackle box. Gander Mountain donated prizes. A program similar to this will be held during the Jamboree, with possible casting lessons in our wading pool. • April 26`h is the ground breaking for Comforts of Home. • We are working to improve our high grass and weed program. The Fire Department will be out four days a week, far one hour each time taking down addresses and leaving notices. This will result in more up to date information and follow through of violations. Reminded those on Central Avenue to clean their areas. Pleased that the Fire Chief has stepped up to take over this responsibility. • The Taste of Heights event will be held this Sunday, with five local businesses serving food. Nawrocki • After the last snow storm the snow was not shoveled at 4752 5`i' Street. Fehst stated this was referred to the Fire Department. There was no follow up, as the snow was not removed. • 515` and University -there are two more cars without current license plates. Fehst stated that they were advised bttt is not sore if these are different vehicles. • Asked again about the Recreation Department using the Hilltop bowling alley rather than Madies. Fehst stated that Madies has been used in the past. Questioned if the Hilltop alley was low bid. • 4241, 4255 and 4301 3`h Street have front porches that look terrible and need to be addressed. • Regarding liquor store bonds -would like to meet or have a telephone conversation with our consultant on how they figure the interest rate on the bonds. It looks like we are trying to stay away from areferendum/vote of the citizens. • 4600 block of Washington Street -there is debris in the street. Fehst indicated that the property is being dealt with and has until next week to comply. tiYe try to work n~ith our citizens. • Comprehensive Plan was discussed at the work session; thought it would come before Council for approval. Apparently not. Want to see more coverage of the bid advertisement than just four companies. Fehst stated it would be advertised in the League Bulletin. • The City of Fridley has citizen. meetings regarding their Comprehensive Plan. Would like to see us do this. Fridley is requiring 1,000 moderate income houses. What is required of us? Fehst stated that the 1,f100 units ti~rere reguir-ed of Blaine. It is suggested that all cities have affordable housing. • Metro meeting weekly notice referred to our involvement with the Hilltop interceptor. What was our involvement? Felist stated lte would research this. -20- City Council Minutes April 9, 2007 Page ! 4 of i 9 • Requested the status to discuss him with the State Auditor. Fehst indicated that he has tlae right to report someone i f he so chooses. If charging me, I have the right to know what it is. Peterson stated this discussion is out of order and requested a more conversational tone. If talking to the State, it should include the disrespectful way the Manager and Mayor speak to him and there should be follow-up to see if there was a problem with the Nedegaard conflict and with the City Attorney an the Sarno land deal. • Update on Central Avenue TIF district extension. Fehst stated this is being considered by tlse Hoarse and the Senate. Bob Streetar, Community Development Director, listed all the hearings and action that has taken place, and stated his anticipation that the bill would pass. Report of the City Attorney -nothing to report. CITIZENS lFOI2UM None COUNCIL CORNER Mayor Peterson dispensed with Council Corner, due to the lateness of the hour. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:52 p.tn. Patricia Muscovitz CMC Deputy City Clerk/Council Secretary CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2007-54 ADOPTING A HOUSING PROGR4M WITH RESPECT TO A SENIOR HOUSING PROJECT; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT; AND AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES MADE IN ANTICIPATION OF THE ISSTraNr_.E OF SUCH BONDS Section 1. Recitals. 1.61. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized and empowered to develop and administer programs to finance multifamily housing developments within its boundaries. The Act authorizes the City to issue bonds and loan the proceeds to a borrower to fmance multifamily housing developments. Each loan must be made for the construction or the long-term financing of a multifamily housing development and substantially all of the proceeds of each Loan must be used to pay the cost of a multifamily housing development, including property functionally related and subordinate to it. A multifamily housing development may consist of a combination of a multifamily housing development and a new or existing health care facility, as defined in Minnesota Statutes, Section 469.153, if the following conditions are satisfied: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii) the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii) nursing, medical, personal care, and other health related assisted living services are available on a 24-hour basis in the development to the residents. 1.02. On August 18, 1987, the City issued its Health Care Facility Revenue Bonds (Crest View Lutheran Home Project}, Series 1987 (the "Series 1987 Bonds"), in the original aggregate principal amount of $4,400,000, for the benefit of Crest Vrew Corporation, a Minnesota nonprofit corporation (the "Corporation"}, formerly known as Crest View Lutheran Home, for the purpose of fnancing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to Crest View Home, a I22-unit licensed nursing facility located at 4444 Reservoir Boulevard 1~1.E. in the City ("Crest View Home"}, including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incua-red therefor. _ 21 _ City Council Ivlinutes April 4, 2007 Page I S of 19 On May 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan -Royce Place Project), Series 1991A (the "Series 1991A Bonds"), in the original aggregate principal amount of $2,770,000, and its Board and Care Facility Revenue Bonds (Royce Place Project}, Series 1991E (the "Series 1991B Bonds"), in the original aggregate principal amount of $560,000. The Series 1991A Bonds and the Series 1991E Bonds (collectively, the "Series 1941 Bonds") were issued to provide funds to the Corporation to finance the costs of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at I515 44th Avenue N.E. in the City ("Royce Place"}. On March 31, 1998, the City issued its Multifamily and Health Care Facilities Revenue Bands (Crest View Project), Series l 998 (the "Series 1998 Bonds"), in the original aggregate principal amount of $10,130,000. The Series 1998 Bonds were issued to defease the Series 1987 Bonds and the Series 1991 Bonds, to redeem certain other outstanding indebtedness of the Corporation, and to finance certain improvements to the existing facilities of the Corporation. On January 24, 2002, the City issued its: (i) Multifamily Housing Revenue Bonds (GNMA Callateralized Mortgage Loan - Crest View ONDC I Project), Series 2002A-1 in the original aggregate principal amount of $5,000,000 (the "Series 2002A-1 Bonds"), (ii} Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project), Taxable Series 2002A-2 in the original aggregate principal amount of $110,000 (the "Series 2002A-2 Bonds" and, collectively with the Series 2002A-1 Bends, the "Series 2002 Bonds"); and (iii} Multifamily Housing Revenue Nato (Crest View ONDC I Project}, Subordinate Series 2002B (the "Series 2002 Note"), in the original aggregate principal amount of $200,000. The Series 2002 Bonds and the Series 2002 Note (collectively, the "Series 2002 Obligations") were issued to finance the acquisition, development, construction, and equipping by Crest View ONDC I, a Minnesota nonprofit corporation ("Crest View ONDC I"), of Crest View on 42nd, a 50-unit multifamily housing assisted-living and memory-loss facility for seniors located at 900 - 42nd Avenue N.E., in the City ("Crest View on 42nd"). 1.03. Crest View on 42nd is currently owned and operated by Crest View ONDC I and is expected to be transferred to the Corporation in connection with the issuance of the proposed revenue refunding bonds referred to in Section 1.04. 1.04. The Borrower has requested that the City issue its: (i) Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007A (the "Series 2007A Bonds"), in the approximate aggregate principal amount of $21,500,000; and (ii} Taxable Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007B (the "Series 2007B Bonds"), in the approximate aggregate principal amount of $1,000,000 (the Series 2007A Bonds, and the Series 2007B Bonds are hereinafter referred to collectively as the "Series 2007 Bonds"). The proceeds of the Series 2007 Bonds will be applied to (i) refund the outstanding principal amount of the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; (ii) finance capital improvements (the "Improvements") to certain facilities owned by the Borrower, including Royce Place, The Boulevard, a 74-unit senior housing facility located at 4458 Reservoir Boulevard N.E. in the City ("The Boulevard"), Crest View Home; and Crest View on 42nd (collectively, the "Facilities"); (iii) fund one or more reserve funds; and (iv) pay the costs of issuing the Bonds. 1.05. The Series 2007 Bonds are proposed to be issued as obligations the interest on which is not includable in gross income for federal income tax purposes pursuant to Section 145 of the Internal Revenue Code of 1986, as amended (the "Code"}. Pursuant to Section 147(8 of the Code, and the regulations promulgated thereunder; the City is required to conduct a public hearing on the issuance of the Series 2007 Bonds. A notice of such public hearing, prepared in accordance with the requirements of Section 147(f) of the Code, and the regulations promulgated thereunder, was published in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the public hearing. 1.06. Prior to consideration of this resolution, the City Council of the City will conduct a public hearing on the date hereof with respect to the proposal to issue the Series 2007 Bonds, as requested by the Corporation. Section 2. Housing Program. 2.01 The City has prepared a housing program (the "Housing Program" or "Program"), a copy of which is attached hereto as EXHIBIT A, providing for the (i) refunding of the outstanding principal amount of the Series 1998 Bonds and the Series 2002 Obligations, and the payment or prepayment of certain other indebtedness of the Corporation; (ii} financing of capital improvements to the Facilities; (iii) funding of one or more reserve funds; and (iv) paying the costs of issuing the Bonds. 2.02 Tlie City has arranged for publication of a notice of public hearing on the Program, all in conformance with the requirements of dxe Act. 2.03 The housing Program was prepared and submitted to the Metropolitan Council for its review on March 22, 2007. The preparation of the Housing Program and the submission of the Housing Program to the Metropolitan Council are hereby ratified, confirmed, and approved, with such amendments as are approved by the City Manager. Section 3. Reimbursement - 22 - City Council Minutes April 9, 201)7 Page 16 of 19 3.01 The United States Department of the Treasury has promulgated final regulations governing the use of the proceeds of tax-exempt bonds, all ar a portion of which are to be used to reimburse the City ar a borrower from the City for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2} (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen months after the later o£ (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 3.02 The City reasonably expects to reimburse the Corporation for a portion of the expenditures made for costs of the Improvements from the proceeds of the Series 2007 Bonds in an approximate amount of X3,000,000 after the date of payment of ail or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Series 2007 Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3} of the Regulations and also qualifying expenditures under the Act. 3.03 Based on representations by the Corporation, other than (i) expenditures to be paid ar reimbursed from sources other than the Series 2007 Bonds, (ii) expenditures permitted tc be reimbursed under prier regulations pursuant to the transitional provision contained in Section 1.150-2(j}(2}(i)(B} of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2} of the Regulations, or (iv} expenditures in a "de minimus" amount (as defined in Section 1.150- 2(f)(1) of the Regulations), no expenditures for the Project have been made by the Corporation more than sixty (60) days before the date of adoption of this resolution. 3.04 Based on representations by the Corporation, as of the date hereof, there are no funds of the Corporation reserved, allocated on a tong term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside} to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Series 2007 Bonds, other than pursuant to the issuance of the Series 2007 Bands. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Corporation as they exist or are reasonably foreseeable on the date hereof. Section 4. Preliminary Approval Granted. 4.01, The issuance of the Series 2007 Bonds to redeem and prepay the Series 1998 Bonds and the Series 2002 Obligations fonds, finance the Improvements, fund one or more reserve funds, and pay the costs of issuing the Series 2007 Bonds is hereby preliminarily approved subject to the mutual agreement of the City, the Corporation and the initial purchaser of the Series 2007 Bonds as to the details of the Series 2007 Bonds and provisions for their payment. In all events, it is understood, however, that the Series 2007 Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the City's interest in the loan or financing agreement with respect to the Series 2007 Bonds and the Facilities, and the Series 2007 Bonds, when, as, and if issued, shall recite in substance that the Series 2007 Bonds, including interest thereon, are payable solely from the revenues received from the Facilities and property pledged to the payment thereof, and shah not constitute a general or moral obligation of the City. 4A2. The law firm of Kennedy & Graven, Chartered is authorized to act as Bond Counsel and to assist in the preparation and revietiv of necessary documents relating to the Facilities and the Series 2007 Bonds issued in connection therewith. The Mayor, City Manager and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 4.03. The Corporation has agreed to pay or reimburse the City far any and all costs paid or incurred by the City in connection with the Series 2007 Bonds. The Corporation has also agreed to pay the administrative fee of the City in the event the Series 2007 Bonds are issued. Section 5. Termination of Preliminary Approval. All commitments of the City expressed herein are subject to the condition that by April 9, 2008. the City, the Corporation and the initial purchaser of the Series 2007 Bonds will have agreed to mutually acceptable tetins and conditions of the loan or financing agreement, the Series 2007 Bonds and of the other instruments and proceedings relating to the Series 2007 Bonds and their issuance and sale. If the events set forth herein da not take place within the time set forth. above, or any extension thereof, and the Series 2007 Bonds are not sold within such time, this Resolution will expire and be of no hrrther effect. Section 6. ~Jithdrawal by City. The adoption of this Resolution does not constitute a guaranty or fain commitment that the City will issue the Series 2007 Bonds as requested by the Corporation. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Series 2007 Bonds; ar issue the Series 2007 Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Series 2007 Bonds, ar to issue the Series 2007 Bares in an amount less than the amount referred to in paragraph 2.01 City Council Minutes April 9, 2007 Page 17 of 19 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents requtred for the transaction. Section 7. Effective Date. This Resolution shall be in full force and effect from and after its passage. Dated this 9a' day of April 2007. E.~LFIIBdT A CITY OF COLUlv1BIA HEIGHTS, MINNESOTA AMENDED AND RESTATED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 4620 (the "Act"}, the City of Columbia Heights, Minnesota (the "City") is authorized to develop and administer programs to fmance the acquisition and construction of multifamily housing developments under the circumstances and within the limitations set forth in the Act. A multifamily housing development may consist of a combination of a multifamily housing development and a new or existing health care facility, as defined in Minnesota Statutes, Section 469.153, if the following conditions are satisfied: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii} the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii) nursing, medical, personal care, and other health related assisted living services are available on a 24-hour basis in the development to the residents. Minnesota Statutes, Section 4620.07 provides that such programs for multifamily housing developments maybe financed by revenue bonds issued by the City. On August 18, 1987, the City issued its Health Care Facility Revenue Bonds (Crest View Lutheran Home Project), Series 1987 (the "Series 1987 Bonds"), in the original aggregate principal amount of $4,400,000, for the benefit of Crest View Lutheran Home, a Minnesota nonprofit corporation ("Crest View Lutheran Home"), for the purpose of financing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to Crest View Home, a 122-unit licensed nursing facility located at 4444 Reservoir Boulevard in the City ("Crest View Home"}, including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefor. On May 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan -Royce Place Project), Series 1991A (the "Series 1941A Bonds"), in the original aggregate principal amount of $2,770,000, and its Board and Care Facility Revenue Bonds (Royce Place Project), Series 1991B (the "Series 1991B Bonds"}, in the original aggregate principal amount of $560,000. The Series 1991A Bonds and the Series 1991B Bonds (collectively, the "Series 1991 Bonds"} were issued to provide funds to Crest View Lutheran Home to finance the costs of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at 4444 Reservoir Boulevard in the City ("Royce Place"). On March 31, 199$, the City issued its Multifamily and Health Care Facilities Revenue Bonds (Crest View Project), Series 1998 (the "Series 1998 Bonds"), in the original aggregate principal amount of $10,130,000. The Series 1998 Bonds were issued to defease the Series 1987 Bonds and the Series I99I Bonds, to redeem certain other outstanding indebtedness of Crest View Corporation, a Minnesota nonprofit corporation ("Crest View Corporation"), formerly known as Crest View Lutheran Home, and to finance certain improvements to the existing facilities of Crest View Corporation. On January 24, 2002, the City issued its: (i) Multifamily Housing Revenue Bonds (GNMA 0ollateralized Mortgage Loan - Crest View ONDC I Project), Series 2002A-1 in the original aggregate principal amount of $5,000,000 (the "Series 2002A-1 Bonds"), (ii) Multifamily Housing Revenue Bonds (iirtlvlA Collateralized ivlortgage Loan -Crest View Ol~'DC 1 Project), Taxable Series 2002A-2 in the original aggregate principal amount of $110,000 (the "Series 2002A-2 Bonds" and, collectively with the Series 2002A-1 Bonds, the "Series 2002 Bonds"); and (iii) Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 2002B (the "Series 2002 Nate"), in the original aggregate principal amount of $200,000. The Series 2002 Bonds and the Series 2002 Note (collectively, the "Series 2002 Obligations") were issued to finance the acquisition, development, construction, and equipping by Crest View ONDC I, a Minnesota nonprofit corporation ("Crest View ONDC I), of Crest View on 42nd, a 50-unit multifamily housing assisted-living and memory-lass facility for seniors located at 900 - 42nd Avenue N.E., in the City ("Crest View on 42nd"}. The City has received a proposal that it approve a housing program (the "Program"}, with respect to the issuance of revenue bonds under the Act. The proceeds derived from the sale of the revenue bonds (the "Bonds"), to be issued pursuant to the Program will be loaned to Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be forn~ed (the "Borrower"), and applied to: (i} refund the outstanding principal amount of the Series 1988 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; - 2 4 - City Council Minutes April 9, 2007 Page 18 of i 4 (ii) fmance capital improvements to certain facilities owned by the Borrower, including Royce Place, The Boulevard, a 74- unit senior housing facility located at 4444 Reservoir Boulevard in the City ("The Boulevard"), Crest View Home; and Crest View on 42nd (collectively, the "Facilities"); (iii) fund one or more reserve funds; and (iv) pay the costs of issuing the Bonds. The City, in establishing the Program, has considered the information contained in the City's comprehensive plan. The Facilities will he financed and refinanced in accordance with the requirements of Subdivisions I and 2 of Section 4620.05 of the Act. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Chapter 4620, as amended. "Bonds" shall mean the revenue bonds to be issued by the City. "Borrower" shall mean Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be formed. "City" shall mean the City of Columbia Heights, Minnesota. "Facilities" shall mean Royce Place, The Boulevard, Crest Vlew Home; and Crest View on 42nd.. "Land" shall mean the real propeniy upon which the Facilities are situated. "Program" shall mean this program for the financing of the Facilities pursuant to the Act. Section B. Program For Financing the Project. It is proposed that the City establish this Program to fmance and refinance the Facilities at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the Borrower. The City expects to issue the Bonds as soon as the terms of the Bands have been agreed upon by the City, the Borrower, and Piper 7affray & Co, as the initial purchaser of the Bonds. The proceeds of khe Bonds will be loaned to the Borrower to fmance and refinance the Facilities, to fund required reserves and to pay the costs of issuing the Bonds. It is expected that a trustee will be appointed by the City to monitor the construction of capital improvements to the Facilities and die payment of principal and interest on the Bonds. It is anticipated that the Bonds will have a maturity of approximately thirty years or less and will bear interest at fixed rates consistent with the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated. by the Program, limited administrative costs will be paid from the City's budget with respect to this Program. The Borrower will pay an administrative fee to the City to pay or reimburse such administrative costs. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Section C Standards and Requirements Relating to the Financing of the Facilities Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Facilities by the Bon-ower pursuant to this Program: (I) Substantially all of the proceeds of the sale of the Bonds wilt be applied to (i} refund the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; (ii) finance capital improvements to the Facilities; (iii) fund appropriate reserves; and (iv) pay the costs of issuing the Bonds. The proceeds will be made available to the Borrower pursuant to the teens of the Bond offering, which will include certain covenants to be made by the Borrower to the City regarding the use of proceeds and the character and use of the Facilities. (2) The Borrower, and any subsequent owner of the Facilities, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) The Facilities are designed primarily for rental to and occupancy by elderly persons. Section 4620.05, Subdivision 4 of the Act provides that the limitations set forth in Section 4620.05, Subdivision 2 of the Act are not applicable. Subsection D. Evidence of Compliance. The City may require from the Borrower at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Borrower to complete the capital improvements to the Facilities, and evidence satisfactory to the City of compliance with the standards and requirements of the City for the financing set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Bon-over in order to confima such ability, intention and compliance. In addition, the City may periodically require certification from either the Borrower ar such other person deemed necessary concerning compliance with various aspects of this Program. Subsection E. Issuance of Bonds. To finance the Program authorized by this Section the City will by resolution authorize, issue and sell its revenue bonds in a maximum aggregate principal amount of $22,500,000. The Bonds will be issued pursuant to - WS City Council Minutes April 9, 2007 Page 19 of 19 Section 462C.07, Subdivision 1 of the Act, and will be payable primarily from the revenues of the Program authorized by this Section. The costs of the Project, including costs of issuance of the Bonds and required reserve funds, are presently expected to be in excess of die principal amount of the Bonds. It is expected that the Borrower and its affiliates will contribute to the Project the difference between the total costs of the Project and the principal amount of the Bonds available to finance the Project. The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be issued in May, 2007. Subsection F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection H. State Ceiling. None of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 19&6, as amended, and Chapter 474A of Minnesota Statutes, will be applied for with respect to the Bands. -26- ~./~ J f ~'~ _' ESE ~fI~E . City of Columbia Heigh~T SEEN APPRC~E. Park and Recreation Commission March 28, 200'7 Eileen Evans called the meeting to order at 6:35 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Holum; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works DirectorJCity Engineer; Gary Peterson, Mayor Also present: Ben Erickson and Mark Hanson of Melrose Pyrotechnics APPROVAL CONSENT AGENDA Motion by Foss, second by McDonald, to approve consent agenda. Upon vote: all ayes, motion carried. LETTERS AND REQUESTS A. Request for si~nage at communi garden plots Evans stated that a "No trespassing" sign would not work in the area. Greenhalgh asked if the garden plots sell out each year. Windschitl replied that in 2006 plots not rented were given to the Lion's Club members and produce grown was donated to S.A.C.A. Payne asked what.the renters receive with each garden plot. Windschitl replied that there is a water garden hose that reaches to a1148 garden plots, the City tills the plots in the spring and fall. Motion by Payne, second by Greenhalgh, requesting staff to create additional signage for the garden plots. Upon vote: all ayes, motion carried. B. Request for skateboard park in Columbia Heights Hansen stated that if the Commission were interested in building a skateboard park consideration would need to be made as to the most appropriate area for it. This type of park has a large noise impact on the neighborhood, it would need a long lasting material, hours would need to be posted and an enclosed perimeter fence ~NOUId need to be installed. Evans stated that there is not enough money in our budget for staffing costs at this type of park. Stroik asked how much a structure like this costs. Hansen stated ~2G,GGG fo $3G,GGG and using concrete materials would possibly double the costs. He also suggested for the Commission to consider Ramsdell Park or Huset Park as possible future locations for this type of noise impact. Motion by Greenhalgh, second by Payne, to table this topic. Upon vote: all ayes, motion carried. C. Request for fee to be waived for the Columbia Hei ht~ s Prayer Breakfast Motion by Greenhalgh, second by Payne, to waive the rental fee of John P. Murzyn Hall for the Columbia Heights Prayer Breakfast. Upon vote: all ayes, motion carried. D. Request from Jahn Murzyn Evans stated that there is no current policy regarding City employee discounts on rentals of JPM. She feels that the corn~nission needs to remain consistent with previous _2~_ Park & Recreation Commission March 28, 200'1 Page 2 decisions made on requests for additional discounts. Motion by Foss, second by McDonald, to deny the request for an additional discaunt on the rental of John P. Murzyn Hall to John Murzyn. Foss stated he feels that this is a worthy request and in the future it would be nice to see a discaunt given. to City employees. At the present time he feels that it is important to stay consistent with previous decisions. Upon vote: all ayes, motion carried. E. Columbia Heights Women of Today donation to JPM Windschitl stated that the Columbia Heights Women of Today use JPM mainly on weeknights for their monthly meetings. A thank you. note was sent in recognition for the donation. OLD BUSINESS A. 2007 Capital Improvements: Shelters Hansen stated that there is money budgeted for capital improvements at both Huset Park and Silver Lake Beach. Since Murzyn Hall is currently being studied far gym space, he recommends delaying any improvements at Huset Park until a direction is taken by the City Council regarding an activity center. Silver Lake Beach has a total budgeted amount of $30,000. The type of open-air shelter would have steel posts and a irtetal or shingle roof. These types of materials are better for maintenance purposes. Hansen indicated that an opportunity needs to be given to residents around Silver Lake Beach for input on the types of improvements for the area. Peterson asked if we would be able to save money if the buildings were demolished in-house. Hansen replied yes and recommended that the commission requests to have the buildings demolished before Public Works begins the cutting season. Peterson suggested narrowing the options to three types of shelters before presenting information at a public meeting. Motion by Foss, second by McDonald, to recormnend the buildings at Silver Lake Beach be demolished, to come up with a limit of three shelter designs and to hold a meeting with the neighborhood around Silver Lake Beach. Discussion: Hansen suggests presenting a hexagon metal roof shelter, rectangle shingle roof shettcr and a rectangle metal roof shelter. `JVindschitl suggested something similar to Kordiak Park. Hansen replied that a shelter similar to Kordiak Park is proposed for Huset Park. Peterson stated that a steeper pitch in the roof would have less damage over time. Evans replied that is would make sense to put in some fencing to public access. Peterson stated the area around the shelter should to be planned so that the whole beach area is attractive. Holum asked about the rules to make the area ADA accessible. Hansen replied that there would need to be access and that ADA requirements are met for new structures. Upon vote: all ayes, motion carried. Correction to demolish the two existing shelter and at the April meeting the commission members will look at the structure of the other existing building at the beach. Peterson reiterated that a new shelter is put in at Silver Lake Beach we want the whole park to look nice. Hansen recommended that the Commission look into the lighting at the park as well. - 2 8 Park & Recreation Commission 4/18/2007 Page 3 NEW BUSINESS Added to agenda request for u~datedplay~round equipment at Sullivan Park. Hansen reported that an additional request was received from a resident across from Sullivan Park. The letter from the resident was passed out to each member of the commission and brought to the City Council at the March 26 meeting. Hansen agrees that the playground equipment needs to be taken down at Sullivan Park. He reported that at a recent City Council meeting, Council Member Nawrocki discussed the letter and asked if we want a high intensity playground in that area because Sullivan Park was originally built as a passive park. Hansen stated that any new playground equipment should be put in the south side of the park, closer to the parking lot. A. 2007 Jamboree Fireworks Greenhalgh asked if budget money from the Huset Park shelter would be able to be used for Sullivan Park improvements. Hansen replied that 2006 budget money set aside for Sullivan Park would be considered as a carry over into 2007 since it was not used in 2006. Foss suggested approaching MedTronic for additional funding because of their frequent use of Sullivan Park. Hansen commented that he would like to bring in a park planner from the outside to assess the park. Greenhalgh recommended for the dormant Huset Park shelter money to be put into Sullivan Park improvements. Stroik feels that if a playground is put in, people will make use of it. McDonald stated the need to look at the daily use of the park and not just weekend usage. Sullivan Park discussion to be continued on the April 25`" Park & Recreation Agenda. Windschitl reported that $3000 is budgeted for the Jamboree fireworks. In the past years both RES Specialty Pyrotechnics and Melrose Pyrotechnics have been used for the shows. The City has used RES for the past few years. Windschitl recommends using Melrose Pyrotechnics to see a change. Resident Ben Erickson spoke about his work experience with both companies; he is currently working for Melrose Pyrotechnics. He stated that the Columbia Heights High School uses Melrose Pyrotechnics for the homecoming fireworks show. Motion by Payne, second by Greenhalgh, to offer the bid to Zvleirose Pyrotechnics to shoot the Jamboree Iireworks show on June 23. Upon vote: all ayes, motion carried. REPC7RTS Recreation Director Windschitl reported that there are a lot of new things added to the Jamboree schedule. Some of the planned activities include; Sports Fishing 101 for Kids "Fishing for ICnawledge," Heights Idol performance, the annual adult softball tournament, Heights Challenge, Jamboree Parade, fireworks on Saturday June 23rd, the Women of Today will be hosting a craft fair and the CH Fire Department will be celebrating their 100`x' Anniversary with an open house and street dance on Saturday June 23rd. Public Works Director/City Enaineer Hansen reported that consta-uction for the University Avenue service road would likely occur in 2007 or 2005. A grant applicatian has been made far a bikeway and trail plan. 9 _ Park & Recreation Commission 4/ 18/2007 Page 4 Once that plan is in place another grant application can be made for trail ways. Hansen stated that the pedestrian crossing on 49`h and Central Avenue is not ADA accessible. Commission Members Foss invited everyone to the Monday April 2°d meeting at 6:00 p.m. for the Columbia Heights High Schaol Board/City Council meeting where they will be presenting school district plans for additional gym space. Petersan stated that the Valley View gym space was canceled for the youth in-house basketball program recently at their arrival. He was able to schedule the All Class Reunion at the High School for free because the proceeds go towards scholarships given out to High School Students. However the reunion is unable to make caffee while using the facility because they are not allowed to use the kitchen, without district union staff present. Windschitl reported that the youth basketball was on the gym schedule at the school district website. The issue has been brought up to the Athletic Director at the High School, and he is meeting with the Principals to resolve the problem. ADJOURNMENT Chair Eileen Evans adjourned the meeting at 7:53 p.m. Deanna Saefke Recreation. Clerk Typist II 3 0 - CITY COUNCIL LETTER Meeting of Anri123.2007 AGENDA SECTION: Consent ~ ~ ORIGINATING DEPARTMENT CITY MANAGER NO. ~ ~"~ ~-' POLICE APPROVAL: ,.~ ITEM: Resolution 2007-52, amending Resolution BY: Thomas M. Johnson BY: Gtr ~;~; ,~ ,- NO. 2004-23, pertaining to Charitable Gambling DATE April 17, 2007 DATE: BACKGROUND Early in April 2007, the State Gambling Control Board notified the Chief of Police that State law had been changed in 2006 reference charitable gambling. This change requires the city to update its Resalutian 2004-23, which allows charitable gambling in our city. The changes are in the areas of fees that maybe charged and the amount of rent that maybe charged to the gambling entity. The current Resolution 2004-23 and the recommended Resolution 2007-52, with the changes necessary to make us carnpliant with State law, are attached. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-52, there being ample copies available to the public. Move to adopt Resolution No. 2007-52, being a Resolution amending Resolution No. 2004-23, authorizing certain Charitable Gambling. TMJ:mId 07-52 Attachment COUNCIL ACTION: - ;t - RESOLUTION NO.2007-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, Resolution No. 2004-23 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Cade unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of $1,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anything to the contrary herein an existii~ Class A or Class B licensee shall pay a license fee of $25 for any event, of three days or less to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open. to the public; and b. After a minimum often (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. N0~1, THEREFOP~E, BE IT RESOLVED that this resolution. shall take effect on April 26, 2004, and shall replace Resolution 1996-46 and Resolution 1988-41. Resolution 2004-23 is hereby amended to read: RESOLUTION NO. 200'7-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section _5.501, 5.503, 5.504, 5.505, 5.506, ar 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Cambling Control Board; -32- 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; S. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment, ~ ~~' ~ ~ nnn ,. ~+,, „~,;,.~, .. vn+ k^» inclusive of ~LICIYY LL. any and all allowable expenses, ^^ ~'•~~^°a ^^'' in excess of that amount as set forth in MN.STA1'.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. An ~ie~ense investigation fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. ~-i~nsc Investigation fees shall not be prorated or refundable. Not withstanding anything to the contrary herein, an existing Class A or Class B licensee shall pay a-Dense an investigation fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violations} is/are corrected. Any such determination of violatians(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (l0) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 23, 2007, and shall replace Resolution 2004-23. Passed this __ _ day of April 2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City CIerlJCouncii Secretary - JJ - CITY COUNCIL LETTER Meeting of April 23, 2007 AGENDA SECTION: Consent ~ _ ~ L ~ ~ ORIGINATING DEPARTMENT CITY MANAGER. NO. -"' ` POLICE APPROVAL: ITEM: Transfer funds from General Fund to Police BY: Thomas M. Johnso BY: ,, ~' ~ ,.. NO. Dept. Budget to Reimburse Overtime Fund DATE: Apri14, 2007 ; DATE: BACKGROUND During the past three months, the Police Department has been involved in off duty employment details that are handled through the Department. These details were security details at Unique Thrift Store and Columbia Heights High School activities. Since this type of off duty employment is handled through the Department, officers have signed up and worked these details since January 1, 2007, and we have received a check from the following entities: Unique Thrift Stores-three checks totaling $4,032.38, and Columbia Heights School. District-four checks totaling $4,279.75. This money is considered revenue and was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $4,032.38 received from Unique Thrift Stores and the $4,279.75 received from Columbia Heights School District be returned to the 2007 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $4,032.38 received from Unique Thrift Stores and $4,279.75 received from Columbia Heights School. District-a total of $8,312.13-from the General Fund to the Police Department 2007 budget line #1020, Police Overtime. TMJ:mId 07-46 COUNCIL ACTION: L-- -i4- City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson From: Captain William J. Roddy Subject: Overtime Transfer Date: Apri14, 2007 Attached is a list of the overtime re-imbursement received for 2007 from January 1 S` through Apri14`", 2007. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request transfer of these funds to our overtime account. Uniaue Thrift INVOICE # DATE AMOUNT 001 01-26-07 $1285.25 007 03-08-07 ]872.63 008 03-27-07 874.50 Columbia Heights Hi~hschoot Activities INVOICE # DATE AMOUNT 002 O 1-31-07 $ 1590.00 003 O 1-31-07 265.00 005 03-02-07 1033.50 006 03-02-07 1391.25 8312.13 Total Amount to be transferred to OT Account $8312.13 ;~ INVOICE Columbia ~Ieights Police Department Date: January 26, 2007 Invoice #: 2007-001 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37`I' Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police Officers for: January 2047 Tue. 1-02-07 121 ~-1615 Bo 4 hrs. Sat. 1-46-07 1434-1745 Bo 3.25 hrs. Tue 1-09-07 1215-1345 Bo 1.5 hrs. Fri. 1-12-07 1245-1645 Ko 4 hrs. Mon. 1-15-07 0850-1150 Bo 3 hrs. 1150-1420 Ni 2.5 hrs. Sat. 1-20-07 1230-1630 Ni 4 hrs. Tue 1-23-07 1434-1630 Ni 2 hrs. ~~ ~ ~ ~,°~ Ss' o? Z/' - 'O~ . ~~ /"~ ~ DQ a'"~ ~~ or''' BILLING INFORMATION i~lumber of Officers: S Hours: 24.25 2007 OT Wage is $53.00 hr. Total Due: $1285.25 Make checks payable to the City of Columbia Heights, Please mail payment to: City of Columbia Heights Police Department 559 Mill street NE, Columbia Heights. MN 554^_ 1 ~~ FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: ,~ 2 ~" Amount Received: (` % a "°"` Date: Z - ~? ~'" ~/' Z c~~! -36- Mash Sales, Inc. ~ ~ TE ! I+1'1TO i ~' E NO COt~EZ~~~l ~~~~25/07 2005-G40 ~i i 26,/07 2007-001 AMOUNT 1,000.00 1,285.25 CNE,CK: 412059 02/01/07 City of Columbia Heights DISCOUI~IT .00 .00 012059 ?~r.T P.MO~~~1T 1,000.00 1,285.25 CHK TOTAL: 2,285.25 012059 Nash Sales, Inc. 3080 Centerville Rd Little Canada, MN 55117 1651? 773-8077 Rnchor Bank North St. Paul, MN 75-882-960 *TWO THOUSAND TWO HUNDRED EIGHTY FIVE DOLLARS AND 25 CENTS m a DATE AMOUNT 8 02/01/07 *****2,285.25* ' ~~ City of Columbia Heights a TO THE City of Col. Hgts Police Dept ORDER 559 Mill Street NE ~F: Columbia Heights MN 55421 ~~ ~ ~ 11'0 L 205911' m:0960088 25:979504911' ~,©oG -37- Nash Sates, Inc. 3080 Centerville Rd Little Canada, MN 55117 (651 f 773-8077 Anchor Bank North St. Paul, MN 75-882-960 .~~z~g2 *ONE THOUSAND EIGHT h-UNDRED SEVENTY TWO DOLLARS .AND 63 CENTS DATE AMOUNT 03/17/07 *****1,872.63* City of Columbia Heights TO THE City of Col. Hgts Police Dept ORDER 559 Mill Street NE OF: Columbia Heights MN 55421 11.0 ~ 2 L9 21i' x.0960088 25~:9795049+i' a c 0 a a LL N ;g _ INVOICE Columbia Heibhts Paliee Department Date: January 31, 2007 Invoice 2007-002 Customer Name: Columbia Heights Highschool Address: 1440 49t" Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phone: 528-4601 Attn: Betty Thomas (`} 1 () 1 Request for: 1 Police Officer for: .~ ` ~. Basketball Games (January ?007} 1-04-07 1700-2200 1-12-07 1700-211 S 1-16-07 1700-2130 1-23-07 1700-2130 1-09-07 1815-2130 1-18-07 1700-2130 1-27-07 1200-1600 (5 hrs) {Girls) (4.25 hrs} (Girls) (4.50 hrs) (Girls} (4.50 hrs) (Girls) (3.25 hrs) (Boys) (4.50 hrs) (Boys) (4 hrs) (Boys) 1-Officer- Korts 1-Officer- Korts 1-Officer- Korts 1-Officer- McGee 1-Officer- Bonesteel 1-Officer- Korts 1-Officer- Markham BILLI.1VG INFORMATIDhr Number of Officers: 7 Hours: 30 ;..szc_ ' d~ ?DD7 O7'Billitz~ Wage is ~'S3.DD~er~ hozt~-. Total Due: X1590.00 ~-- t Z-a7 Make checks payable to the Ciry of Columbia Heights~~. 1 '2,~ ~ 7 Please mail payment to' City of Columbia Heigl7u Police Depamnent, X59 Mitt Sn-eet NE, Columbia Heights. MN 553? t FOR DEPAIZTMEIVTAL U~`E O~zILJ' Officer(s) on Duty: ~ Off Duty: b`°~ ,4~nount Received: f j`~® _ 39I?ate: - (Z, - c~ °~ i0. ~ 3 VEiJDOF 1~lUtJ~BER VEI~dDOP, NAhAE 08350 - 0 CITv OP CGLliMr~IA rEIGN.TS c~ECr~ DkTE c~EC~ rJa. 02/OE/C7 001:'9"-78 u~.-E WVOICE tJUM6ER DESCRIPTION F 0 tJUN16ER I P.FIICUPlT 1, 590.00 r; Dc' ~ 02007-OC2 r_~~ -r~: CITY CF CCLUMEIP. HEIGHTS POLICE DEPARTMENT 559 MILL STREET 2dE COLUMBIA HEIGH`T'S. MN 55421 ZO iAL RMOUIa i ' F}~1® 1, 590 . G0 _.~ _.,_,,-:'•: ., _ .~... .. ~ ~ 75-7592 INDEPENDENT SCHOOL DISTRICT NO. 13 ~balnk. CHECK DATE CHECK NO. 9,2 1440-49TH AVENUE N.E. 303 Third street Northwest 12 917 8 COIUMB(A HEIGHTS, MINNESOTA 55421 East Grand Forks, MN 56721 02/ 08 / 07 PAY: «:~*~+*1,5:90 dDollars..00 Cents. CHECK,4MOUNT $1, 594,00 ' Tfl;THE ORDER OT=: _ 4 p lli fTV ~C x.' Columbia Heights Police Department Date: January 31, 2007 Invoice #: 2007-003 Customer Name: Columbia Heights Highschool Address: 1440 49th Ave NE, Col. Hgts. MN 35421 Home Phone: Work Phone: 528-4601 Attn: Betty Thomas Request for: 1 Police Officer for: V6'inter Formal Dance (January 14, 2007) 1930-0030 School Dance -St. Paul G~ ~~~ BILLING INFORMATION Number of Officers: 1 Hours: 5 4 ~. ~c9 ° O 7 ?007 OT Rini.=1~ rage is ~'~3.00 n27' hc~a~i~. Total Due: $2b5.00 ~~ <L5 Z~4' Mahe ched<s payable to the City of Columbia Heigh*sc. Please mail payment to Ciry o,` Columbia I3eigh~a Pohce Department; 559 Mt71 Street NE, Columbia Heights, MN 55421 FOR DEPARTlk~IE:'YT.4L USE O NL F Officers} on Duty: ~, Off Duty: .--- Amount Received.: ~ ~, ,S~ Date: z~r.-~a 7 41 - ~~~ ov r rz~t,l ~®~~ r ^ Ol7icer: ~~' ~ .N ~i ,~ Date: (- I`l•c~`~ hours J ^ l ^ Red ~ I '/ ' .~ppruved ^ Refused ^ i from i`'u-- i \Vhere Si _hjvt.. Reason for refusal i Supervisor t o (~n7 `a~. fitr~. Date -42- Sv NO. 13 V51~.lDC~R tVUEJo~F VctJDGF nIAPlIE 06~5~ - 0 C_T~ OF CDL'uT'IEIA ».J_..cTS CHE~~K GATE _-ECF. I~lC; ^~~°c I INVOICE IdUMEEH DE~CRIr=TIOPd J. (~lUtvi='~E= i AtVlOlihil 02/1-3/'07 ' 20G7-OG3 ~ i `'o~' 0" PAID TO: CITY GF COLUMBZP_ HEIGHTS POLICE DEFP.RTMENT 559 MILL STREE'T' NE COLUMBIA HEIGHTS, MN 55422 T~3 ~ AL A(~€(!3(~ ~ PAID 26s.0o ~:. -` :,~ ' ..._ .,. ..: ... .... 75-t 592 INDEPENDENT SCHOOL DlSTR(CT NO. 1$ 912 ~a11IC. CHECI4 DP,TE CHECK NO. 1440-49TH AVENUE N.E. aos n,~m street Northwest ~ 2 9 2 9 COLUMBIA HEIGHTS, MINNESOTA 55421 EastGrendForks,MN56721 02/15/07 FAY:.- *****,~*265 Dollars 00 Cents. , `_ ,.. : CHECK AEv10U:NT 3,7HE ORDER OF. $265-r00 -43- ~~i~OTCE' Columbia Heights Police Department Date: March 2, 2007 Invoice #: 2007-005 Customer Name: Independent School District #13 Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Hame Phone: Ve~ork Phone: ~ ~~~,~ (Afternoon School Security Detail -February 2007) ~°~ Attn: Finance Department Request for: 1 Police Officer for: Afternoon School Detail Week 1- Feb. 5-9 4 days x 1.5hrs @ OT Rate $318.00 (No officer 2/9) Week 2- Feb. 12-1b 5 days x l.5hrs @ OT Rate $397.50 Week 3- Feb. 20-23 2 days x l.5hrs @ OT Rate $159.00 (Holiday 2/' 19- No Officer 2/20 & 2122) Week 4- Feb. 26- Mar. 2 2 days x l.5hrs @ OT Rate $159.00 (No officer 2/28 & 3/01) (Snow Day 3/021 Total: X1033._50 .BILLING INFORMATION Number of Officers: 13 Hours: 19.5 *ZD07 DT Wage Rate is X53.00 pBY hour. Total Due: $1033.50 Make checks payable to the City of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department. >59 Mill Street NE, Columbia Heights, MN 554? 1 FOR DEPARTMENTAL LTS~ ONL Y Officer(s) on Duty: Off Duty: Amount Received: - 4~ate: ly~~ ~v ~/ENDOR NUMBER VcrdDGi=, NAM: C8350 - 0 CITY GF COLUM~tI:-: . ~IG??'~'_ _-_. ~~,, C j INVOICE NUMBER j X3/27 07 ~Z007-605 03J27;07 12007-OOE DESCRIPTION ~nE~n: D;-'_ ; ti.CV. Ids P.O. NUMBER AMOUNT I ^~ ~ ~ 1,033.50 1~3c7,25 I i r,~+~i~-~. CITY OF COLUMBIA HEIGHTS POLICE DEPFRTMENT 559 i~tl:.,L STREET 1~ COL'u"MBIA HEIGHTS, i'~Rd 55421 TDTAL AMOUN T °A{D ~,d24.75 • ~•q~ -• o 0 7 ~. 7&1592 {NDEPENDENT SCHOOL DISTRICT NO. 13 [,~bartk. CHECK DATE CHECK NnnO. Bt2 1440-49TH AVENUE N.E. 303 rnirtl Streat Northwest 12 9 8 ~T 2 COLUMBIA HEIGHTS, MINNESOTA 55421 EastGrantlForks,MN56721 03/29/07 PAY: **~'`'"~Z,°-'24 Dollars 75 Cents CHECK AMOUNT 0 THE ORDEn OF' CITY OF COLUMBIA °r.EIGHTS P_TTN: POLICE DEPP.RTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 $2,424..75 ~~-~~ II'L2984211' s:09~2i5927t:~52L0000 7 6 2 311' 45 Cj IV(3 'tg ~/ENDC7r=! i'JUM6EP /EI~IDOR NP.t/~c 08350 - a r CITY OF COLt3MBIF_ HELGHTS CHECK DATE CHECK NO a3%25/07 OOi29&42 ~A T E INVOICE NUtuiBER I DESCRIPTION P.C. NUi/~BEM ~ F,t/iOUly c3 z7 a~ I a- /e~ 2oo~-aos 2oa~-ao6 l,a3s.5o I ,,;9l.zs Pr~.IU TO: CITY OF COLUMBZA HEIGHTS POLICE DEPAP.TME_NT 559 MILL STREET IvE COLUMBIA HEIGHTS, Mh.T 55421 t t~TAL A~iO~N i EAiD 2,a24.~s ~, a •-a® ~• a e a at a- c ~~ ~ .... .,. ,,. .. :. .., ;:.._. ;. ~~ 75-1592 INDEPENDENT SCH00~ DlSTRiCT NO. 13 - 0 9,m ~baf1~C. ' CHECK DATE CHECK NO. 1440-49TH AVENUE N.E. sos Third street Northwest ~ 2 9 ~ 4 2 COLUMBIA HEIGHTS, MINNESOTA 55427 EastGrdndForics,MN56725 03/29/01 P,4"Y: "*"***2,424- Dollars: r5 Cents, , ,. , _ , CHECK AMOUNT $2,424.75 .3'1'HE ORDER OFi - -46- Il`~TVOICE Columbia Heights Police Department Date: March 27, 2007 Invoice #: 2007-008 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN SS421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police Officers for: March 2007 . ~ ~ G ' Fri. 3-02-07 1315-151 S Ni 3 hrs. Sat. 3-03-07 1200-1500 Ni 3 hrs. Tue 3-06-07 1215-1445 Ni 2.5 hrs. Sat. 3-10-07 1220-1620 Ni 4 hrs. Sat. 3-24-07 1200-1600 Ni 4 hrs. BILLING INFORMATION Number of Officers: 2007 OT Wage is X53.00 hr. *Pr•enr rate is X70.66 Hours: 16.5 Total Due: X874.50 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: _ 4 7 1I CE vNOV COMMENT 100$ V i GG`tY AMOUNT DISCOUNT NET AMOUNT 874.50 .00 $74.50 'F~: 012244 04/01/07 City of Columbia Heights CHK TOTAL Nash Sates, inc. 3080 Centerville Rd Anchor Bank Little Canada, MN 55117 North St. Paul, MN (651) 773-8077 75-882-960 $7-'_ . 50 012244 *EIGHT HUNDRED SEVENTY FOUR DOLLARS AND SO CENTS DATE AMOUNT 04/01/07 *******$74.50* ~ ,AY City of Columbia Heights 'O THE City of Col. Hgts Police Dept __ )RDER 559 Mill Street NE )F~ Columbia Heights MN 55421 11'0 L 2 24411° 1'.D960088 25~d9?9504411° -4$- CITY COUNCIL LETTER Meeting of: 4/23/07 AGENDA SEC'T10N: CONSENT AGENDA ITEM: RESOLUTION AUTHORIZING THE CLEANING AND LINING OF 3,650 LINEAL FEET OF WATER MAIN UNDER THE MINNEAPOLIS 2007 PROGRAM, CITY PROJECT NO. 0703 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC i'VORKS BY: K. Hanse' BY: ~~~~,;~~ DATE: 4/17/0 DATE: / Background: Columbia Heights has received complaints of discolored water at various locations and far many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many. samples, and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, Staff reported to die City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights had 3,000 lineal feet of water main cleaned and lined under the City of Minneapolis Cleaning and Lining Program as follows: • Alley from 37`x' to 39°' Avenue, between Polk and Tyler Streets, and • Jefferson Street, from 49`x' to S l5' Avenues In 2006, the City of Minneapolis Cleaning and Lining program completed 3,3001ineal feet of lining in Columbia Heights at the following locations: • Madison from 48`h to SIS` Avenues • 48'h Avenue from Jefferson to Monroe Monroe from 48'h to 49`h Avenues • Monroe from 48'h to 49`~ Avenues City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or more years or more of service. Based upon the positive results and project success of the first two years, staff conducted C-Factor testing on other known problem areas of the water distribution system. C-Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C-Factor is then calculated which can be used to determine [he amount of tuberculation in-pipe. Another way to look at a C-Factor is it is a measurement of resistance to flow in-pipe. New pipe will have a C-Factor of 120-125. We would have expected the C-Factors in the areas tested (based on age) to be in a range of 90-95. A general rule of thumb is values below a range of 70-75 would indicate a pipe in poor and tuberculated condition. The measured C-Factors in the Monroe and 50-1/2 Avenue measured 27 and 28 and C-Factors in the 50°i and 49-1/2 Avenues measured 51. Based upon the C-Factor testing, staff is recommending a 2007 Cleaning and lining Program for water main in the following streets and as depicted on the attached map: • Monroe from 49`x' to 515f Avenues • 50 %z Avenue from Monroe to Jackson Streets COUNCIL ACTION: -49- CITY COUNCIL LETTER Meeting of: 4/23107 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: K. Hansen BY: AND LINING OF 3,650 LINEAL FEET OF WATER MAIN DATE: 4/17/07 DATE: UNDER THE MINNEAPOLIS 2007 PROGRAM, CITY PROJECT NO. 0703 Continued - 2007 Water i~lain Cleaning and Lining Program Page 2 • 50`h Avenue from Monroe to Jackson Streets • 49 %z Avenue from Monroe to Jackson Streets The process of Mechanical Cleaning and Lining involves shutting down a pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface allowing the tuberculation process to start all over. Minneapolis utilizes Cement mortar lining by applying lean cement through a rotating head of a specific diameter. As the lining machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $35 to $55 per foot, depending on the pipe diameter and severity of buildup. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. In the Jefferson area, we experienced 4-6 services per block that needed repair. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water service Iines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. Based upon the past 2 years program costs from the City of Minneapolis, Staff is proposing a 2007 Program cost of $102,500, consistent with the amount established in the 2007 Water Construction Fund budget. ItEC'OMIVIENI-iED IvIOTIOIv: Move to waive the reading of Resolution 2007-60, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-60 which accepts the Feasibility Report for the 2007 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,650 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2007. Attachments: Program area map Feasibility report Resolution 2007-60 COUNCIL ACTION: -50- RESOLUTION N0.2007-60 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2007 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT - N0.0703 WHEREAS, the City Council has initiated a water main cleaning and lining program under [he City of Miiu~eapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Direc4or of Public Works with reference to the 2007 Water Main Cleaning and Lining Program, and WHEREAS, the 2007 Water Main Cleaning and Lining Program includes the following main segments: Monroe from 49''' to 515` Avenues, 50 '/z Avenue from Monroe to Jackson Streets, 50'x' Avenue from Monroe to Jackson Streets and 49 %z Avenue from Monroe to Jackson Streets, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on April 23, 2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23`° of April, 2007, 4. These improvements shall also be known as Project No. 0703 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Dated this 23"~ day of April, 2007. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk - 51 - City of Columbia Heights FEASIBILITY REPORT FOR 2007 WATER MAIN IMPROVEMENTS: Cleaning and Lining CITY PROJECT 0703 April, zoo? ~N~IN~ N ~~~~T1~N~ 637 38tj` .~Iven2~e NE, C'olu~nbia Heights, MN 55421 763- 706-3 700 `«* 763- 706-3 701 (F'c~x) ;~ WATER MAIN IMPROVEMENTS C®LUMBIA HEIGHTS, MINNESOTA 2007 Cleaning and Lining PROJECT NUMBER 0703 LOCATION: (2007) Monroe Street from 49`n to S1st Avenues and 50 %, 50`n & 49 'h Avenues (3) from Monroe to Jackson Streets. IMPROVEMENTS: Water Main Cleaning and Lining - Dig access holes at approximately 600 foot intervals, mechanically clean existing water main, cement mortar lining of water main, open service taps, disinfect water line, new gate valves, traffic control and restoration. INITIATION: City. OWNERS Monroe Street (49`n to 51 S` Avenues): (29) ABUTTING: 50 `/a Avenue (Monroe to Jackson Streets): (74) 50`n Avenue (Monroe to Jackson Streets): (20) 49 '/Z Avenue (Monroe to Jackson Streets): (20) ISSUES: The following is a study of the key project issues. Water Main Cleaning and Lining The existing water mains in the identified streets have been C-Factor tested and shown to be severely tuberculated. `Tuberculation' is a problem affecting unlined cast iron water distribution pipes, which was common prior to 1962. Iron builds up over time on the inside walls of the water pipe and enters the distribution system causing color and sometimes odor problems. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. Aside from the aesthetic issues, severe tuberculation results in restricted flows. Correcting the problem typically involves either replacing the water main or cleaning and lining the affected segments in place. Replacing water main can be very expensive due to the street restoration costs where street segments are not otherwise programmed for reconstruction. Cleaning and lining offers a viable alternative where entire street segments are not disturbed and only access pits are required at 400-600 foot intervals. Other factors, such as the condition of the pipe, soil conditions, and depth of cover should also be considered when evaluating cleaning and lining. The advantages of concrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance cost. Water Curb Stop Access and Operability To perform the water main cleaning and lining project, it is necessary to have the curb stop box (water shut off valve) located on the water service accessible and operable (see - 5 3 - attached diagram 1 depicting a water service). The necessity is driven by the process that once the line segment is cleaned and cement mortar lined, each individual service tap is covered with the cement mortar and needs to be `opened' to restore service. This is performed within a window of one hour after lining process by open each curb stop and blowing water back into the line from the water service. Depending on the area and the age of the water service, some curb stops are either not accessible or do not work, requiring repair. FEASIBILITY: The proposed improvement project is necessary to clean, line and restore adequate flow through segments the water main distribution system. It is cost-effective without full street reconstruction, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The itnprovetnents, once completed, will provide a benefit to the properties served. SCHEDULE: The water main cleaning and lining would be included with the existing City of Minneapolis annual program. Project construction is scheduled to begin in mid sumt-ner of 2007, with substantial completion occurring in the early fall of 2007. Council receives draft Feasibility Report April 23 Council orders Public Improvement Project Apri123 Bid Opening (Minneapolis) Public Informational Meeting May 30 Begin Construction July 10 Construction Completed September 30 FINANCING: Financing would be 100% Water Construction Fund for the cleaning and lining of the main line and assessments for service repairs. 2007 Water Main Cleaning and Lining The estimated project costs for the 2007 Cleaning and Lining project are as follows: 3,650 Lineal Feet: $125,000. Water Curb Stop Repair(s) The estimated construction costs for the 2007 curb stop repairs are as follows: Curb Box Repair: $ 1,180. Curb Box and Stop Each: $ 1,480. ASSESSMENT: The assessment will be based on a per service basis, based upon the actual cost to repair the individual water service. _g4_ CITY COUNCIL LETTER Meeting of: 4/23/07 AGENDA SECTION: CONSENT AGENDA ITEM: RESOLUTION ACCEPTING BIDS AND AWARD[NG A CONTRACT FOR CITY PROJECT #0700 2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS /~ BY: K. Hansen ~/ BY: ~~'`~'Jd`~ DATE: 4/] 8/07 ~:_.'` DATE: I Background: On January 8, 2007 City Council authorized staff to seek bids for the IVtiscellaneous Concrete Repair Program to replace/install concrete throughout the City. Plans and specifications were advertised for bids in the Focus on April ~, 2007 and Construction Bulletin on April 2 and April 9, 2007. Two contractors requested copies of the bidding documents. Two bids were received and publicly read aloud at the April 17, 2007 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The low bid was submitted by Ron Kassa Construction of Elko, Minnesota, in the amount of $12,333.58. The unit prices are consistent with the Engineer's Estimate and decreased an average of 1.76% over the 2006 program unit prices. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as special assessments for curb and gutter replacement in seal coat areas. Recommended Motion: Move to waive the reading of Resolution No. 2007-59, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2007-59, accepting bids and awarding the 2007 Miscellaneous Concrete Repairs and Installations, Municipal Project #0700, to Ron Kassa Construction, Inc., based upon their low, quaiifoed, responsible total bid in the amount of$12,333.58 with funds to be appropriated from Fund 401-50700-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH :_j b Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: - 5 6 - CITY OF COLUMBIA HEIGH'T'S Minutes of Bid Opening on Tuesday, April 17, 2007 2007 Miscellaneous Concrete Repairs and Installation Project #0700 Pursuant to an advertisement for bids for Miscellaneous Concrete Repair and Installation, an administrative meeting was held on April 17, 2007 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, Pubic Works Director/City Engineer Kathy Young, Assistant City Engineer Bids were opened and read aloud as follows: Bidder Ron Kassa Construction, Inc. Jay Bros., Inc. TOTAL $12,333.58 $33,714.11 (Corrected) Respectfully submitted, Kathyjean Young Assistant City Engineer -57- RESOLUTION NO. 2007-59 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT NO. 0700 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0700, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction $12,333.58 Jay Bros., Inc. $33,714.11 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`h E, Elko, Minnesota 55020 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2007 Miscellaneous Concrete Repairs and Installations, City Project No. 0700, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project #0700 shall be funded with State Aid Mairterance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR. funds. Dated this 23`d day of r=~prii 2007. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -58- CITY COUNCIL LETTER of: April 23, 2UU7 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCI3~ j ~- APPR AL ~ ITEM: INSURANCE COVERAGE /AGENT OF BY: WILLIAM LRITE BY: <y~ F NO: RECORD J . ~ _~ DATE: 04/ 18/2007 DATE: ~~~ ~ Brief Insurance History In the mid 1980's the City Council chose to drop all liability and property insurance coverage as a method to reduce expenses. In 1.988, under the leadership of Mayor Hadrath, the City acquired minimal liability and property insurance coverage with American Agency being our Agent of Record and Dave Seppelt our agent. This insurance relationship with American Agency continued until Dave Seppelt's retirement. However, Dave's retirement left American Agency without an agent experienced in municipal insurance coverage and requirements. Subsequently, in May of 2000 the City Council approved Youngdahl Companies as our Agent of Record with Carl Bennetsen being our agent. Again, this relationship worked very well until Carl retired approximately three years ago. Since then Youngdahl Companies (now A.J. Gallagher Risk Management Services, Inc.) has gone through many staffing changes and we are having difficulty getting answers to insurance-related questions. Therefore, staff is recommending changing our insurance Agent of Record to Nesbit Agencies with Brian J. Lundquist as our agent. Nesbit Agencies currently represents several cities. Brian Lundquist has 37 years of insurance experience and has served on the League of Minnesota Cities Insurance Trust {LMCIT) board of directors, making him well qualified to be our insurance agent. The City of Columbia Heights was insured through private insurance companies from 1988 through 2002. In 2002 the City switched our insurance coverage to the LMCIT. Through 2003 the City's insurance agent was paid on a commission basis, which at that time was approximately $25,000. h1 2003 staff sent out Request for Proposals for agents on afee-for-service basis. This request was sent to virtually all of the agencies in the metropolitan area that were writing insurance policies for the LMCIT. We only received two responses from companies willing to enter into afee-for-service contract. A.J. Gallagher & Company, our agent at that time, submitted afee-for-service proposal for $12,000, which was less than half of what the City had been paying on a commission basis. Subsequently, we continued our service with A.J. Gallagher at the reduced rate. Currently Gallagher is proposing to increase that rate by $2,000 to $14,000 if we stay with them. Nesbit Agencies has agreed to a rate of $ l 2,000. Staff feels that along with a $2,000 per year savings we will receive far better service from a much mare experienced agent by changing our Agent of Record to Nesbit Agencies. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter rota an alneement with Nesbit Agencies to become our Agent of Record far the City's insurance package. WEarns 0704182~OUNC~IL COUNCIL ACTION: -sg- CITY COUNCIL LETTER Meetin of: A ril 23, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER _ NO: S ~~ - ~ Community Development APPROVAL ITEM: YMCA Market Study for Activity Center BY: Kirsten Partenhe rn~ ~ BY G ~ ~ DATE: April 18, 2007 ~ " ~ Background: The YMCA of Metropolitan Minneapolis has expressed interest in partnering with the City of Columbia Heights on an activity center. The City Council invited the YMCA to a work session on April lb, 2007, at which YMCA staff members presented the organization's mission, the programs it offers and past relationships with cities in order to help the Council decide whether the potential for a partnership exists. The YMCA has also been clasely following the public participation process initiated by the Cauncil for an activity center. Council members were receptive to investigating a partnership. The YMCA indicated that the next step in the process of forming a partnership is to complete a market study. Participating in the market study does not commit the city to partnering with the organization on an activity center. The YMCA finds a market study necessary to determine what recreational needs exist in a community, how much people are willing to pay and where the optimal location for a facility would be. The information would be equally valuable to the Activity Center Advisory Committee (ACAC), which is trying to "right-size" the amenities included in the alternatives it plans to bring to the next public open house. The YMCA will work with the company Anderson, Niebuhr and Associates, Inc. and the cost of the study is approximately $25,000. If the City Cauncil chooses to partner with the YMCA on the study, the city would contribute up to 50% of the total cost, or $12,500, whichever is less. The study will take 60 - 90 days to complete and will begin promptly. Recommendation: Staff recommends the Council authorize contributing to the cost of a joint market study with the YMCA at a cost to the city of up to 50% of the total study cost, or $12,500, whichever is less, to be paid from Fund 418. Recommended Matson: Move to authorize contributing to the cost of a joint market study with the YMCA at a cost to the city of up to 50% of the total study cost, or $12,500, whichever is less, to be paid from Fund 418. COUNCIL ACTION: -60- YMCA of Metropolitan Minneapolis Association Services 30 South Ninth Street Minneapolis, MN 55402 612-371-8700 Fax:6t2-371-8716 To: Mayor Gary Peterson From: Anita Lancello Bydlon and Yvonne Anderson Re: Market Study April 18, 2007 T~iMNtd~N~WOi ~~ I<Olt,fflMB C®If110111T1f Per our discussion the YMCA of Metropolitan Minneapolis agrees to partner with the City of Columbia Heights in a Market Study sharing 50 % of the costs. The market study may begin as early as the first week of May 2007 and will take approximately three months to complete with a maximum fee of $25,000. - 61 - CITY COUNCIL LETTER Meeting of April 23, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY `- ~ ~ ~ Gt Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman 13Y ~~ ~; ~,? Licenses , NO: DATE: April 17, 200? 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 April 23, 2007. COUNCIL ACTION: -62- List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name Property Address 20138 Salvation Army Harbor Light 30012 M.V.A, International 20192 Christopher Andrews 20026 Shirley Apollo 30130 Haji Azam 30158 Haji Azam 10076 Lahoucine Baujnikh 10044 Thomas Blomberg 10012 Brian Bona 12006 Charles Brockway 20120 Alexander Cajucom 20170 Cynthia Cotton 20106 Ryan Diekow 30080 Mark Dunleavy 30110 Grant Erickson 10070 Lawrence Garner 10034 Michael Gondek 10068 Daniel Hackett 10068 Dennis Hackett 20146 Bette Harlan 20036 Diaa Hassan 30036 Ruth King-Smith 30169 Richard Larson 20009 Francisco Lopez 20044 Edwin Matthes 12004 Kimberly Wegener 20220 Craig Wilson 1004 GOULD 4318 3RD 607 38TH 4801 7TH 4622 Tyler 4616 Tyler 1400 PARKVIEW 4852 MONROE 4015 7TH 3879 POLK 679 46TH 4606 FILLMORE 204 42ND 3725 MAIN 538 Summit 3740 2ND 344 40TH 567 37th 567 37th 5037 JACKSON 4317 3RD 539 40TH 4201 3RD 1348 44 1 /2 5229 7TH 5250 WASHINGTON 1153 CHEERY 04/17/2007 14:59 _ ~' - Page 1 LICENSE_Ltr to Approve Licenses 2006 Occupant' I.D. Property Owner Name Property Address 20189 Anthony Ajewole 30169 Richard Larson 30025 Lawerence Miller 10192 Sviylana(Lana) Moore 10198 Kathleen Peterson 1081 POLK 4201 3RD 3948 5TH 3911 VAN BUREN 4909 6TH 04/17/2007 15.02 ° ~4 - Page 1 CITY COUNC[L LETTER Meeting of April 23, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY ` ~ ~ { ~ ~ ' Fire MANAGER N0: ; - APPROVAL REISSUE RENTAL ITEM: LICENSE BY: Gary Gorman BY~r '" f ' L ; N0: DATE: April 16, 2007 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid alt fees due. RECOtv1?v1ENDED tvIOTiON: Move to issue arental-housing license io L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: F~; ~,,° -65- CITY COUNCIL LETTER Meeting of April 23, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: y~ " ~~ " < < License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~`, ~~~ DATE: , ,y! ~ i/~ NO: DATE: April 19, 2007 BY:~~' ~ ~~' i BACKGROUND/ANALYSIS Attached is the business license agenda for the April 23, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007, and a Peddler's License during the Jamboree. 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 far April 23, 2007 as presented. COUNCIL ACTION: _ 66 _ TO CITY COUNCIL Apri123, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg Markson Tree Sen~ice 9142 Ashley Terrace, Brk Pk $60 A & W Enterprises dba Western Tree 14907 TTT Road, Paynesville $60 *Perfection Heating 1770 Gervais Ave, Maplewood $60 Ray N Welter Htg 4637 Chicago Ave So, Mpls $60 *Zimco Specialities 3207 Hayes St. Mpls $60 Vertical Limit Construction 811 3r~ Ave, Wanamingo $60 PEDDLERS LICENSE POLICE *Sherwin SiedenlSure One Promotions 1423 Knollwood Ln, Mendota Hts $60 -67- t, L CITI' OF C®LU~IBIA HEIGHTS FINAIvTCE I`iEPAR.T.MENT COUNCIL MEETING OF:~ 23, ZDO -I STATE tJF Ir2~vI~IESQTA C4 UT1'i' Y Ur' A1V UtKA CITY QF COLUI`~iBIA HEIGHT S Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~ 2- ~ ~~ ~o through ~ ~ ~2- ~. in the amount of $ ~ ~~, ~ ~ ~ ~~ ~' These cl;ecks have been examined and found fcr be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended far payment. -~s- AGS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/19/2007 12:54:36 Check History GL050S-V06.74 COVERPAGE GL540R ****x**************:t******************,tr******,r,t***:r*******,r******************* * *** C O U N C I L *** * * *** C O U N C I L * *** C O U N C I L *** * * *** C O U N C I I *** * **********************************************,t******************************** Report Selection: Optional Report Title.......04/23J2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Chec)i Date .................. thru Source Codes ................ thru Journal Ent1-y Dates......... thru Journal Entry Ids........... thru Check Number ................ 1'>.1096 thru 121251 Project ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N 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 -69- ACS FINANCIAL SYSTEM 04/19/2007 12 BANK VENDOR BANK CHECKI2JG ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 04/23/2007 COUNCIL LISTING CHECK NUMBER AMOUNT ACE HARDWARE ACTION RADIO & COMMUNICA ANOKA COUNTY CATCO PARTS SERVICE CENTERPOINT ENERGY CHOICE POINT SERVICES CITY OF COLUMBIA HEIGHTS CMT INC COLUMBIA HEIGHTS RENTAL COMMERCIAL STEAM TEAM DALLMAN/KATHY EGAN OIL COMPANY EMERGENCY AUTOMOTIVE TEC G & K SERVICES INC GENE'S WATER & SEWER INC GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HD SUPPLY WATER WORKS HERLOFSKY/MADISON HOFFMAN/TIM KENNEDY & GRAVEN LAWSON PRODUCTS INC MENARDS CASHWAY LUMBER-F MIDWAY FORD NEW PRECISION TECHNOLOGY NORTHERN WATER WORKS SUP OFFICE DEPOT PALMQUIST/BERNIE PEPSI-COLA-7 OF PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PHILLIFS WINE & SPIRITS FURCELL/ELSIE QUALITY WINE & SPIRITS RATHBUN/NANCY REINDERS INC ROSEDALE CHEV ROYAL TIRE S & T OFFICE PRODUCTS IN ST MATTHEWS STEINBACH/SETH SUBURBAN SOFTBALL LEAGUE TARGET CENTER TWIN CITY SEED CO VERIZON WIRELESS VOSS LIGHTING WINDSCHITL/KEITH 121096 13.30 12L097 38.40 121098 2,545.35 121099 26.17 121100 76.54 121101 168.00 121102 151,865.08 121103 133.80 121104 54.16 121105 311.51 121106 57.00 121107 412.33 121108 288.49 121109 633.14 121110 5,527.00 121111 66.90 121112 199.60 121113 272.05 121114 19.95 121115 250.00 121116 643.69 121117 43.28 121118 423.57 121119 125.58 121120 33.30 121121 23.78 121122 59.24 121123 55.00 121124 337.50 121125 99.34 121126 109.93 121127 37,647.02 121128 37.00 121129 5,679.04 121130 55.00 121131 873.30 121132 12.89 121133 36.98 121134 44.50 121135 111.19 121136 495.00 121137 860.00 121138 215.00 121139 1,049.03 121140 31.82 121141 346.13 121142 26.60 - ~~ - ACS FINANCIAL SYSTEM 04/19/2007 12 CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 04/23/2007 COUNCIL LISTING SANK VENDOR CHECK NUMB ER AMOUNT BANK CHECKING ACCOUN'T' WW GRAINGER,INC 121143 g,3g ARCH WIRELESS/METROCALL 121144 32,2g BELLBOY BAR SUPPLY 121145 477.80 BOKQVOY/KIM 121146 100.00 CAPITOL BEVERAGE SALES L 121147 37 909.07 CARLINE/PAT 121148 , 172,77 CITANHASSEN DINNER THEATR 121149 3,684.00 CHEVY GRILL 121150 164.00 CHISAGO LAKES DISTRIBUTI 121151 6,442.47 CITY WIDE WINDOW SERVICE 121152 40.47 DRAGON HOUSE 121153 480.00 FARNER-BOCKEN 121154 8,427.09 FIRST STUDENT INC 121155 406.06 G & K SERVICES INC 121156 281.55 GENUINE PARTS/NAPA AUTO 121157 645.11 GRIGGS-COOPER & CO 121158 2,042.28 HOHENSTEINS INC 121159 6,240.45 IDEARC MEDIA CORP 121160 67.75 KIWI KAI IMPORTS 121161 2 560.98 LARKIN/JOHN 121162 , 76.15 LEESE/STEVE 121163 99,99 LEMIRE/JERALD 121164 235.00 LETTUCE CATER 121165 192 00 MANSOURJICHALID 121166 . 10.06 MARKS/SUE 121167 116.00 MINNESOTA COACHES INC 121168 551.80 MN LAW ENFORCEMENT EXP 121169 940.00 MN MUNICIPAL BEVERAGE AS 121170 916.00 MN STATE FIRE CHIEFS ASS 121171 75 00 MOELLER/ICAREN 121172 . 50.00 PETTY CASH - LIZ BRAY 121173 56.43 PETTY CASH - MARY DUGDAL 121174 134.34 QUALITY WINE & SPIRITS 121175 9,466.89 SAGA 121176 382.00 SAM'S CLUB 121177 106.13 SPECIALTY WINES & BEVERA 121178 230.00 SUBURBAN SOFTBALL LEAGUE 121179 430.00 TASTY PIZZA 121180 282.00 UNIVERSITY OF MINNESOTA 121181 560.00 VERIZON WIRELESS 121182 98.69 VINOCOPIA INC 121183 1 816.75 WINE COMPANY/THE 121184 , 723.50 WINE MERCHANTS 121185 400.58 WORLD CLASS WINE 121186 555.00 XCEL ENERGY (N S P) 1211$7 3,345.89 A & S TRAINING LLC 121188 1,550.00 ACE HARDtdARE 121189 22.29 - 71 - ACS FINANCIAL SYSTEM 04/19/2007 12 CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 04/23/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ALLIED/BFI WASTE SYSTEMS 121190 88,465.17 AMERICAN PLANNING ASSOC. 121191 245.00 AMERICAN WATER WORKS ASS 121192 198.50 AMERIPRIDE INC 121193 43.54 ANCOM COMMUNICATIONS INC 121194 186.08 ANOKA COUNTY 121195 91,896.00 ASPEN MILLS, INC. 121196 34.95 ATLAS AUTO BODY, INC 121197 460.20 BARNA GUZY & STEFFEN LTD 121198 14,127.00 BERKL,EY RISK ADMINISTRAT 121199 1,000.00 BOYER TRUCK PARTS 121200 1,111.56 BROOK WHITE CO. 121201 727.32 BUREAU OF CRIMINAL APPRE 121202 630.00 CAMDEN PET HOSPITAL, INC 121203 471.00 CARLSON TRACTOR 121204 321.17 CCH INCORPORATED 121205 249.00 CENTER POINT ENERGY 121206 72.78 CINTAS FIRST AID-SAFETY 121207 397.95 COLUMBIA HEIGHTS RENTAL 121208 37.16 CSC CREDIT SERVICES INC 121209 25.00 DAKOTA COUNTY RECEIVING 121210 126.00 DAVES SPORT SHOP 121211 5,046.61 EMBROIDERY & MORE 121212 89.48 ENVIRONMENTAL SYSTEMS RE 121213 ?8.92 FIDELITY SERVICES INC 121214 5,167.90 FLEX COMPENSATION, INC 121215 168.00 G & K SERVICES INC 121216 105.79 GENUINE PARTS/NAPA AUTO 121217 123.53 GOPHER SIGN CO. 121218 3,377.91 HOME DEPOT #2802 121219 8.46 HONEYWELL INC 121220 18,861.25 HORNADY MANUFACTURING CO 121221 225.80 IDEAL ADVERTISING INC. 121222 7,141.50 INSTRUMENTAL RESEARCH IN 121223 160.00 J H CARSON ELECTRZC COMP 121224 118.85 KATH FUEL OIL SERVICE 121225 351.00 KROMER COMPANY 121226 108.29 LEAGUE OF MINNESOTA CITI 121227 2,325.00 LYNDE COMPANY 121228 128.51 MEDTOX LABORATORIES, INC 121229 45.11 METRO AREA MANAGEMENT AS 121230 18.00 METROPOLITAN COUNCIL WAS 121231 68,308.19 MIDWAY FORD 121232 69.95 MINNEAPOLIS FINANCE DEPT 121233 66,412.10 MINNEAPOLIS OXYGEN CO. 121234 23.80 OFFICE DEPOT 121235 194.44 ONVOY INC 121236 59.99 - 7 2 - ACS FINANCIAL SYSTEM 04/19J2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 04f23/2007 COUNCIL LISTING CHECK NUMBER AMOUNT PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I RADIO SHACK RICOH AMERICAS CORPORATI S & T OFFICE PRODUCTS IN SBSI INC STAPLES BUSINESS ADVANTA STAR TRIBUNE STREICHER'S GUN'S INC/DO SUN PUBLICATION INC TAUTGES, REDPATH, & CO., TENNANT COMPANY TOWNSEND PRESS BOOK CENT VERIZON WIRELESS WW GRAINGER,ZNC 121237 19.30 121238 2,649.90 121239 44.13 121240 2,392.72 121241 49.88 121242 140.58 121243 230.04 121244 39.12 121245 500.65 121246 664.41 121247 20,648.25 121248 465.31 121249 32.31 121250 40.06 121251 317.62 713,816.54 *** -73- ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04f19/2007 12 Check History GL540R-V06.74 PAGE 5 04/23/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT' REPORT TC7TALS: 713,816.54 RECORDS PRINTED - 000569 -74- ACS FINANCIAL SYSTEM 04/1 9J2007 12:59:38 Check History FUND RECAP: FUND ---- DESCRIPTION °--------------------------- DISBURSEMENTS 101 GENERAL 152,353.66 201 COMMUNITY DEVELOPMENT FUND 3,694.87 203 PPI2KVIEW VILLA NORTH 825.93 213 PARKVIEW VILLA SOUTH 412.97 225 CABLE TELEVISION 825.93 240 LIBRARY 4,419.78 261 TWENTY-FIRST CENTURY GRANT 807.09 415 CAPITAL IMPRVMT - PIR PROD 2,920.54 420 CAP IMPROVEMENT-DEVELOPMENT 2,783.09 436 CAPITAL EQUIF REPLACE-LIQUOR 3,366.37 6p1 WATER UTILITY 74,497.67 602 SEWER UTILITY 70,160.30 603 REFUSE FUND 90,117.03 604 STORM SEWER UTILITY 650.51 609 LIQUOR 128,398.01 652 SEWER CONSTRUCTION FUND 606.19 701 CENTRAL GARAGE 11,165.14 720 DATA PROCESSING 93.94 881 CONTRIBUTED PROJECTS-REC 12,224.24 884 INSURANCE 1,460.20 885 PAYROLL FUND 144,596.75 887 FLEX BENEFIT FUND 7,436.33 TOTAL ALL FUNDS 713,816.54 BANK RECAP: BANK ---- NAME ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 713,816.54 TOTAL ALL BANKS 713,816.54 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R -75- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 23, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ ~ /~ Community Development APPROVAL ITEM: Second reading of Ordinance No. 152, BY: Jeff Sargent, City Planner BY: being an Ordinance relating to the use of DATE: April 18, 2007 G ~~~'`~ ~f temporary signage in the business districts in the ~ ~J City of Columbia Heights. BACKGROUND: Staff proposes amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40'x' Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40''' Avenue corridors. Lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. Without effective regulation to establish minimum standards to guide the use of temporary signage, 40`'' Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage; rati-~er it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1523, being ample copies available to the puh]ic. Move to adopt Ordinance No. 1523, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1523. Attachments: Urctinarrce I J1.f, Uraft Ur•dirrance I S13, P+Z COUNCIL ACTION - 7 6 - ORDINANCE NO. 1523 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Calumbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106(P)(6) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination ar color constitutes a traffic hazard because it obstructs free and clear vision, or inten•upts, confuses or misleads traffic. (d} A private sign containing words or symbols, which might reasonably be construed as traffic controlse -77- (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger tha11 three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof (m} Any sign containing electrical wiring which does not conform to the Electrical Code or tl~e components thereof do not bear label of an approved testing agency. (n} Any window sign or signs which exceed ?5% of the total area of the window on or in which it is displayed. (o} Portable signage exceeding eight square feet. - ~ 8 - Is thereby amended to read as follows: (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in alI districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. {f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches fraim the building or structure to which it is attached, or which is larger than. three feet in vertical height, other than canopy or marquee signs. (j) Any sign. that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. -79- (kj Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric tight, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m)Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n} Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). Chapter 9, Article I, Section 9.106(P)(7) of the Columbia Heights City Code, which currently reads to wit: (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Any sign not considered permanent shall be considered temporary. (b) Banners or pennants shall not exceed 3 feet by 20 feet in size, and shall be directly attached to the wall of the building. (c) No temporary signs shall extend over or into any street, alley, side~h~alk or other public thoroughfare a distance greater than 40 inches from the wall upon which it is erected, shall not be placed or project over any wall, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at ail times. (d) No temporary sign shall be erected sa as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (e} Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. -80- is thereby amended to read as follows: (7} Te»aporary Signs. The following standards shall apply to temporary signs in all. zoning districts: (a} Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4} temporary sign permits may be issued per business per calendar year. (c} No more than two (2) temporary signs shall be displayed per business at any given time. If the business is located within a shopping center, no more than four (4) temporary signs may be displayed throughout the shopping center at any given time. (d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare, and may not cover mare than 25% of window area such that 75% of the total window area is kept clear at all times. (i) No temporary sign shall be erected. so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (j} Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1} Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (?) tJne (1 }sandwich board. sign is pen~~itted per business. - 81 - (3) Sandwich board signs are limited to eight (8) square feet in area per side. (~l) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least live (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8} Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Secanded by: Roll Call: 2007 , 2007 Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk -g2- DRAFT DRAFT ORDINANCE NO. 1523 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direst pedestrians to that business. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (6) Prohibrted Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Plamiing Commission to deem that the sign design preserves and maintains the community's unique histarical and. cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b} Any sign that obstructs and part of a doorway or tare escape. (c} Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d} A private sign containing words or symbols, which might reasonably be construed as traffic controls. - 8 3 - '~ .~`-° (e) An animated. or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of-way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign., unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j j Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k} Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1} Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m} Any sign containing electrical wiring which does not conform to the Electrical rode or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) All portable signage e~~eee~~--eig~~c~t~re--€eet, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs fasted in Section 9.106 (P}(5}. -84- ;~- ., ~ ~ (7) Temporar-}y Signs. The following standards shall apply to temporary signs in all zoning districts: (a} Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign permits may be issued per business per calendar year. (c) No more than two (2} temporary signs shalt be displayed per business at any given time. Tf the business is located within a shopping eenter, no more than four (4) temporary signs may be displayed throughout the shopping center at any given time. {~a-}(d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. {~j(f) Temporary ~rmers signs or pennants shall not exceed ~ ~ °+ "•~ ~n rn°+ ;.. see; 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (~}(h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare a di^+^^^° ~ °^*°r +"^~ ^~~--m-i~=~ahe^ 4~-°m '"° ~ ~^" „~-,;,.~, ;+ °^+°a ^~,.,~~ „+ ~-.° .,~^ °a °,.+ ^~, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. {~l}(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (e)(j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k} Sandwich Board Signs. (1} Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business Distriet only. - 8 5 - ~° ,~ ~. `ti ~ ~ . {2} One (1) sandwich board sign is permitted per business. (3) Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. {6) Signs shai_1 be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7} Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safely hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9} In the CBD, Central Business District only, sandwich board signs may be placed an public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded bv: Roll Call: 2007 2007 Mayor Gary L. Peterson Attest: Patricia lb`luscovitz, Deputy City Clerk -~~- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0403 DATE: Apri13, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, City Planner BACKGR®UN® Staff proposes amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40th Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40th Avenue corridors. The current code allows for clutter that is aesthetically unappealing and does not implement the policies outlined in Design Guidelines. A survey of the Central Avenue corridor revealed that there are approximately 112 temporary signs along the 2-mile stretch of road, not including the temporary signage used in the City of Hilltop. Lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. The current Sign Code allows temporary signs to be placed anywhere on the building. The current code would allow for signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2}. -8'7- FIGURE 1 FIGURE 2 Appropriate language should be added to the ordinance limiting the placement of a temporary sign to ensure direct and full contact with the wall to which it is affixed. This placement is preferred, as it would promote a better aesthetic appeal. Temporary signs would no longer be able to be strung above bay doors or hung from a canopy. A specific intent of the Design Guidelines is to focus on enhancing the building’s architectural features, and regulating the placement of the signage would achieve this. NUMBER. The current Sign Code allows any number of temporary signs to be placed on the building at any given time, and restricts each sign to be no more than 60 square feet in size. (Figure 3 and Figure 4). FIGURE 3 FIGURE 4 Allowing any number of temporary signs on a building increases the amount of clutter on the building and decreases its aesthetic value. In relation the businesses along th Central and 40 Avenues, it would be counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary signs on the building as they pleased. Staff’s preference would be to add language to the ordinance restricting the number of City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 temporary signs a business would be able to display at any given time. This would be more consistent with the Design Guidelines as it would allow a better promotion of the architectural detailing of each building. DURATION. The current Sign Code not only allows for any number of temporary signs to be placed on a building, it also allows for the temporary signs to be in place for an indefinite amount of time. The intent of allowing temporary signs is for promotional purposes, and they are not intended for permanent advertising. However, with no time duration established for temporary sign display, businesses can legally display temporary signs for any amount of time. (Figure 5 and Figure 6) FIGURE 5 FIGURE 6 Staff’s preference would be to add language to the ordinance restricting the amount of time a temporary sign could be in place for, as well as restricting the total number of temporary signs a business could display in a calendar year. This would dramatically reduce the clutter on commercial buildings throughout the City and would be more consistent with the Design Guidelines. Further examples of temporary signs used as permanent signage can be found in Figures 7 and 8. FIGURE 7 FIGURE 8 Page 2 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 PORTABLE SIGNS. The current Sign Code allows for any number of freestanding temporary signs, as long as they do not exceed 8 square feet in size. The Sign Code does not regulate where the signs may be located, the materials the signs should be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). FIGURE 9 FIGURE 10 It would be preferable if language were added to the ordinance to limit the number of freestanding portable signs as well as the placement of such signs on the property. Doing so would reduce clutter associated with the placement of numerous signs along Central Avenue and would increase the aesthetic value of Columbia Height’s commercial corridors. Staff would also prefer a concise definition added to the code as to the type of freestanding portable signage that would be allowable. Staff feels that eliminating “stick-in-the-ground” signs would be beneficial, as these types of signs tend to get knocked down, pulled out of the ground, or blown over. (Figure 11 and Figure 12) FIGURE 11 FIGURE 12 Without effective regulation to establish minimum standards to guide the use of Page 3 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 Without effective regulation to establish minimum standards to guide the use of temporary signage, 40th Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage, rather it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Pian. The Comprehensive Pian identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards for developers and the City to follow when constructing new buildings or building additions to existing ones. The intent of the Design Guidelines is to establish a basis for implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to carry this intent forward. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the calors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. - 91 - Page 5 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed amendment would make the current standard for temporary Signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of theDesign Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning property, the existing use of the property and property within the general area of the property with the proposed zoning classification. The zoning classification of land will not change. classification of a particular the zoning classification of in question are compatible d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classifcatior. The zoning classification of land will not change. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments Draft Ordinance 92 - Page 6 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting o£ Apri123, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ ~ti Community Development APPROVAL ITEM: Second reading of Ordinance No. 1524, BY: Jeff Sargent, City Planner BY being an Ordinance relating to the lengths of DATE: April 18, 2007 ~ required off-street parking stalls in the City of ~ Columbia Heights. BACKGROUND: Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals of the Comprehensive Plan. Reducing the parking stall lengths would provide better flexibility in site design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. In the past year, the Sarna's Restaurant, Taco Bell and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20-foot parking stall length to 18 feet. Ultimately, the Council approved the parking stall length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first-ring suburbs, as well as Minneapolis and St. Paul, focusing on 90° head-to-curb parking stall lengths. Five cities, namely Columbia Heights, Golden Valley, Plymouth, Saint Anthony and West Saint Paul, require a parking stall length of greater than 18 feet. Of those five cities, only Columbia Heights and West Saint Paul require a minimum parking stall length of 20 feet. Of the I S cities surveyed, 10 cities allow a minimum parking stali Length of 1$ feet. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1524, being ample copies available to the public. Move to adopt Ordinance Na. 1524, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1524. Attachments: CJr~dinafu~e / Sly, Ut-att Urdir7nrtce /Jl-F, Y+G COUNCIL ACTION - 93 - ORDINANCE NO. 1524 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(L) of the Columbia Heights City Code, which currently reads to wit: §9.106 GENERAL DEVELOPMENT STANDARDS (L) Off-street parking and loading. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a} Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives and curbed overhangs. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system of access drive. Is thereby amended to read as follows: §9.106 GENERAL DEVELOPMENT STANDARDS (L} Off-street parking and loading. (7) Design and maintenance ofparking.facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a} Size ofparking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in Length, exclusive of an adequately designed system of access drives. h~ the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system ol° access drive. -94- Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2007 Second Reading: > 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk - 9 5 - DRAFT DRAFT ORDINANCE NO. 1524 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (L)(7)(a} of the Columbia Heights City Code, is proposed to include the following additions and deletions. §9.106 GENERAL DEVELOPMENT STANDARDS (L) Uff-street parking and loading. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size o f parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide aild 18 feet in length, exclusive of the adequately designed system of access drive. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson -96- CITY OF COLUMBIA HEIGHTS PLANNING REPORT cASE NUMBER: 2007-0404 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Cade as it relates to Parking Stall Lengths PREPARED BY: Jeff Sargent, City Planner BACKGROUND Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals of the Comprehensive Plan. Reducing the parking stall lengths would provide better flexibility in site design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. In the past year, the Sarna's Restaurant, Taco Bell and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20- foot parking stall length to 18 feet. Ultimately, the Council approved the parking stall length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first- ring suburbs, as well as Minneapolis and St. Paul, focusing on 90° head-to-curb parking stall lengths. The fo(lovving table shows the results of the survey for standard sized cars: C~ Stall Width Stall Length Brooklyn Center 8'8" 18' Columbia Heights 9' 20' Edina 8'6" 18' Fridley 9' 18' Golden Val{ey 9' 18'6„ Maplewood 9'6" 18' _g7_ City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Parking Stall Lengths Case # 2007-0404 C~ Minneapolis New Brighton Plymouth Robbinsdale Roseville Saint Anthony Saint Louis Park Saint Paul West Saint Paul Stall Width 8'6" 9' 9' 8'6" 9' 9' 8'6" 9' 9' Stall Length 18' 18' 18'6" Five cities, namely Columbia Heights, Golde West Saint Paul, require a parking stall length cities, only Columbia Heights and West Sain length of 20 feet. Of the 15 cities surveyed, length of 1$ feet. COMPREFIENSIVE PLAN 1$' 18' 19' 18' 18' 20' n Valley, Plymouth, Saint Anthony and of greater than 18 feet. Of those five t Paul require a minimum parking stall 10 cities allow a minimum parking stall Discussion of regulations begins with identifying the community's economic development goals for promoting the city, found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Enhance the economic viability of the community. 2. Promote reinvestment in properties by the commercial and industrial sectors. 3. Provide a wide variety off employment opportunities within the community. 4. Reduce and control excessive volumes and rates of rainwater runoff. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. Reducing the parking stall lengths from 20 feet to 18 feet would provide better flexibility in site design, traffic flow, and traffic accommodation on a property. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plan. - 98 - Page 2 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Parking Stall Lengths Case # 2007-0404 The Comprehensive Plan indicates several goals far economic development in relation to the commercial sectors of the cify. By reducing the parking stall lengths, mare flexibility would be provided, which in tum could promote economic growth throughout the City. b) The amendment is in the public interest and is not solely far the benefit of a single property owner. The proposed amendment is consistent with the majority of the minimum standards for parking stall lengths throughout the first-ring suburbs of Minneapolis and Sf. Paul. The proposed amendment is infended to benefit the City as a whole. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: Motion: The Planning Commission recommends that the City Gouncil approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance - 99 - Page 3 CITY COUNCIL LETTER Meeting of April 16, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY C Fire MANAGER NO: ~% " APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:f~~ Revocation ~ DATE: April 16, 2007 DATE: NO: 2007-61 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Cynthia Agyil regarding rental property at 679 40`" Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-61, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-61, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Cynthia Agyil regarding rental property at 679 40`" Avenue N.E. COUNCIL ACTION: - 100 - RESOLUTION 2007-61 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40'h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 4, 2007 of an public hearing to be held on April 23, 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 August 7, 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 April 4, 2007, 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: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That alI parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U679 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; All tenants shall remove themselves from the premises within 60 days from the first day ofposting of this Order revoking the license as held by License Holder. - 101 - Passed this day of 2007 Offered by: Secand by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 102 - CITY COUNCIL LETTER Meeting o£ 4/23/07 AGENDA SECTION: BID CONSIDERATIONS ~ 6 ITEM: AWARD OF BID FOR REMOVAL/ABATEMENT OF HAZARDOUS MATERIALS AND REMOVAL - DEMOLITION AT 4940, 4946 & 4952 CENTRAL AVENUE -CITY PROJECT 0751 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ` BY: K. Hansen BY: `~,~'!~ ~;%'~ DATE: 4/ 19/200 DATE: Background: On May 22°d, 2006, the City Council authorized staff to acquire three parcels located at 4940, 4946, & 4952 Central Avenue, to build a new City Liquor Store. Each of the three properties had existing structure that would be required to be removed to prepare the land for redevelopment and construction of the liquor store. The parcels} acquisition was approved by the City Council at their November 13~', 2006 meeting. Analysis and Conclusions: A pre-demo survey of each structure was conducted by Pra-Source with limited asbestos and other minor restricted materials found. Demolition plans and specs were prepared for the abatement at each structure and complete demolition of the structures and demolishing the foundations. Plans and specifications were prepared and advertised for bids in the Focus on April 5`h & 12`}', 2006. A mandatory on-site pre-bid meeting was held on site April 13th with eight contractors attending. These eight contractors were provided copies of the bidding documents. Eight bids were received and publicly read aloud. A copy of the bid opening minutes is attached. Rachel Contracting of Maple Grove, Minnesota, submitted the low bid in the amount of $49,676.00. The Engineer's Estimate for the abatement and complete removal of all structures was $60,000. The work has a substantial completion date of June 151, 2007. Recommended Motion: Move to waive the reading of Resolution No. 2007-62 there being ample copies available to the public. Recommended Motion: Move to award Resolution No. 2007-62 for the removaUabatement of hazardous materials and removal - demolition~of three (3) structures located at 4940, 4946 & 4952 Central Avenue, City Project No 0751, to Rachel Contracting of Maple Grove, Minnesota, based upon their law, qualified, responsible bid in the amount of $49,676.00 with funds to be appropriated from Fund 436-50751-5110 and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH: kh Attachment: Bid Opening Minutes Resolution 2007-62 COUNCIL ACTION: - 103 - RESOLUTION NO. 2007-62 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE REMOVAL/ABATEMENT OF HAZARDOUS MATERIALS AND REMOVAL/DEMOLITION OF BUILDINGS at 4940, 4946, & 4952 CENTRAL AVENUE TO RACHEL CONSTRUCTION. WHEREAS, pursuant to an advertisement far bids for City Project No. 0751, RemovaUAbatement of Hazardous Materials and RemovaUDemolition of 3 Buildings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Total Rachel Contracting $49,676.00 Veit & Company $51,276.00 Frattalone Companies, Inc. $56,435.00 Landwehr Construction, Inc. $56,570.00 Carl Bolander & Sons Co. $64,917.00 Buberl Recycling and Composting, Inc. $68,732.00 Belair $71,500.00 Semple Excavating $74,370.00 WHEREAS, it appears that Rachel Contracting, 10900 89d' Avenue, Maple Grove, Minnesota 55369 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Rachel Construction in the name of the City of Columbia Heights, for the Removal /Abatement of Hazardous Materials and RemovaUDemolition of 3 Buildings, City Project No. 0751, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project #0751 shall be funded with Liquor Store Funds, Fund 436-50751-5110. Dated this 23rd day of April 2007. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: By: Gard Peterson, Mayor Patricia Muscovitz, Deputy City Clerk - ra4 - CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, April 19, 2007 Removal/Abatement of Restricted or Hazardous Materials and Building Demolition 50`h and Central Avenues Pursuant to an advertisement for bids for Removal/Abatement of Restricted or Hazardous Materials & Building Demolition, an administrative meeting was held on April 19, 2007 at 11:00 a.rn. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kathy Young, Assistant City Engineer Molly Siroin, PW Clerk Nick Baptemio, Rachel Contracting Joanne Mendel, Landwehr Construction, Inc. John Monson, Veit and Company Bids were opened and read aloud as follows: Bidder Total Rachel Contracting $49,676.00 Veit & Company $51,276.00 Frattalone Companies, Inc. $56,435.00 Landwehr Construction, Inc. $56,570.00 Carl Bolander ~ Sons Ca. $64,917.00 Buberi Recycling and Composting, Inc. $68,732.00 Beiair $71,500.00 Semple Excavating $74,370.00 Respectfully submitted, Kathyjean Young Assistant City Engineer - tas -