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Home My WebLink AboutMay 29, 2007 RegularCITY OF C®LUMBIA HEIGHTS _590 40'h Avenue NE, Columbia Heights, MN 55421-38'78 (763)706-3600 TDD (763) '706-3692 Visit our website at: u~st~~~.ci.c-vde~rnbia-heriahtc.~rtn.as~ Mavor Garv L. Peterson Councilmembers Robert .4. Williams Bruce ~'Vawrocki Tammera Diehm Bruce :Celzenberg City Manater Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Tuesday, May 29, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing I impaired only) I 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Bob Lyndes, Crest View Senior Communities 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS A. Values First 2007 Communit~gnition Award Reci ip ents Individual -Tammy Schmitz Business -Crest View Corporation S. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.} A. Approve City Council Meeting Minutes for May 14, 2007 City Council meetings P6 MOTION: Move to approve the minutes of the May 14, 2007 regular City Council meeting as presented. B. Accept Board and Commission Minutes Pzz MOTION: Move to accept minutes of May 8, 2007, Library Board Meeting C. Approve creation of a Ci Clerk position. pz4 MOTION: Move to approve the establishment of the City Clerk position, the City Clerk job description, and the 2007 wage range far the City Clerk position effective June 1, 2007. D. Approve permits for 2007 Jamboree Pzs MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 18, 2007 tluough Sunday, June 24, 2aa7. City Council Agenda Tuesday, May 29, 2007 Page 2 of 5 MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2007 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street to Mill Street. MOTION: Move to authorize Fireworks at dusk on Saturday, June 23, 2007. E. Approve transfer of funds from General Fund to Police Department 2007 Budget Overtime Line #1020 P29 MOTION: Move to transfer $721.62, the amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program in 2007 from the General Fund to the Police Department 2007 budget line #1020 overtime. F. Approval of Premises Permit Application Class B for MN Youth Athletic Services to conduct charitable gambling activities at Star Central P33 MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. G. Approve reissue of rental housing license for 679 40th Avenue as it complies with Ci , Code P42 MOTION: Move to issue arental-housing license to Cynthia Agyili to operate the rental property located at 679 40th Avenue in that the provisions of the residential maintenance code have been complied with. H. Approve the items listed for rental housing 'license applications for May 29 2007 PY3 MOTION: Move to approve the items listed for rental housing license applications for May 29, 2007. I. Approve Business License Applications P4 s MOTION: Move to approve the items as Listed on the business license agenda for May 29, 2007 as presented. J. Approve payment of the bills P47 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 121.506 through 121658 in the amount of $857,593.76. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Second reading of Ordinance No. 1523 being an Ordinance relating to the use of temporary signage in the business districts in the City of Columbia Heights. Pss MOTION: Move to waive the reading of Ordinance No. 1523, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1523, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1523. City Council Agenda Tuesday, May 29, 2007 Page 3 of 5 B. Second reading of Ordinance No. 1525, being an Ordinance relating to used auto sales and rentals. P76 MOTION: Move to waive the reading of Ordinance No. 1525, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1525, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1525. C. Adopt Resolutian No. 2007-71, being a Resolution for Abatement Revocation at 4633 Tyler Street P84 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-71, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-71, a resolution of the City Council of the City of Columbia Heights declaring the property at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D. Adopt Resolution No. 2007-72, being a Resolution for Abatement Revocation at 1261-1263 Circle Terrace Blvd NE P$' MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-72, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 1261-1263 Circle Terrace Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E. Adopt Resolution No. 2007-73 being a Resolution for Abatement Revocation at P90 4905 5th Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-73, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4905 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F. Adopt Resolution No. 2007-74, being a Resolution for Rental Housing License Revocation at 5101 7th Street N.E. P94 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-74, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-74, Resolution of the Ciry 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 Randolph & Michelle Muth regarding rental property at 5101 7th Street N.E. G. Adapt Resolution No. 2007-75, being a Resolutian for Rental Housing License Revocation at 1308-1310 Circle TeiTace Blvd N.E. P96 MOTION: Move to close the public heating and to waive the reading of Resolution Na.2007-75, there being ample copies available to the public. City Council Agenda Tuesday, May 29, 2007 Page 4 of 5 MOTION: Move to adopt Resolution No. 2007-75, 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 Michael Fortier regarding rental property at 1308-10 Circle Terrace Boulevard N.E. H. Adopt Resolution No. 2007-76, being a Resolution for Rental Housing License Revocation at 4544-4546 Fillmore Street N.E. P99 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-76, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-76, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section ~A.408(A) of the rental license held by Kyie Smith regarding rcniai pi°opeF`iy- at 4544-446 Fillrnore Street N.E. I. Adopt Resolution No. 2007-77, being a Resolution for Rental Housing License Revocaton_at 3732 3rd Street N.E. Plot MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-77, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-77, 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 Jose Lema regarding rental property at 3732 3rd Street N.E. J. Adopt Resolution No. 2007-78, being a Resolution for Rental Housing License Revocation at 4323 3rd Street N.E. Pins MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-78, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-78, 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 Tracy Pomeroy regarding rental property at 4323 3rd Street N.E. K. Adopt Resolution No. 2007-79 being a Resolution for Rental Housing License Revocation at 4634-4636 Polk Street N.E. Ploa MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-79, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-79, 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 Sharon Smith-Akinsanya regarding rental property at 4634-36 Polk Street N.E. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations City Counci] Agenda Tuesday, May 29, 2007 Page 5 of 5 Adopt Resolution No 2007-80 being a Resolution accepting bids and awarding_Contract for Zone 2 and 3 Street Rehabilitation Project P1'-'- MOTION: Move to waive the reading of Resolution No. 2007-80, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-80 accepting bids and awarding the 2007 Street Rehabilitation Projects ul Zone 2 ane 3, including Alternate 1 for residential driveway construction; Alternate 2 for sanitary sewer extension, Project No. 0702; and Alternate 3 for sanitary sewer repairs, Project No. 0707 to Midwest Asphalt Corporation of Hopkins, Minnesota in the amount of $1,410,638.25, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C. Other Business -none S. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 14, 2007 These minutes have not been approved. CALL TO ORDER/ROLL CALL/INVOCATION Call to Order: The meeting was called to order by Mayor Gary Peterson at 7:22 p.m. (Cable difficulties delayed the start of this meeting.) The invocation was provided by the Reverend Peter Law from Community United Methodist Church. Motion by Councilmember Diehm, seconded by Councilmember Williams, to appoint Carole Blowers Secretary Pro Tem for the May 14, 2007, City Council meeting. Motion passed unanimously. Roll Call: Present: Mayor Peterson, Councilmembers Diehm, Kelzenberg, Nawrocki, and Williams. Absent: None The pledge of allegiance was recited. ADDITIONS/DELETIONS TO MEETING AGENDA Councilmember Nawrocki asked that an update on Legislative action regarding the Central Avenue TIF district, an update on the YMCA study agreement, and discussion on the Comprehensive Plan be added to the agenda. Items deleted from the agenda completely were Item 6E, which was to adopt Resolution No. 2007-66, being a Resolution for Rental Housing License Revocation at 4636 Washington St., a rental license held by Amina Yakubu. Item removed from the consent agenda: Item S.A.13), Approval of the liquor store site plans and building designs and to authorize Oertel Architects to seek formal construction bids was discussed after approval of all the other consent items on the agenda. Motion by Councilmember Diehm, seconded by Councilmember Nawrocki, to approve the agenda with the above additions and deletions. Motion passed unanimously. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations: The Mayor read the "Police Week -May 13 to 19, 2007" Proclamation and presented it to Police Chief Tom Johnson. The Police Chief announced that on Wednesday, May 16, 2007, at noon at the Anoka County Government Center, fallen officers of Anoka County and the State of Minnesota would be formally honored. Tom Ramsdell will be the speaker. There were no presentations, no new employees introduced, nor any other recognition this evening. CONSENT AGENDA The City Manager, Walt Fehst, took Councilmembers through the following consent agenda items: Approve City Council Meeting Minutes for April 23 2007 City Council meetings a} MOTION: Move to approve the minutes of the Apri123, 2007 regular City Council meeting as presented. City Council Minutes May 14, 2007 Page 2 of 16 Coazrzcilmember Nawrocki stated that there is no reference to his letter to ozrr State Representative and Congressman regarding the expansion of the Central Avenzze TIFDistrict in which lie was expressing his own personal opinion on this mutter. b) MOTION: Move to approve the minutes of the Apri123, 2007 Public Improvement Hearing as presented. Accept Boards and Commissions Meetins; Minutes a) Accept Charter Commission meeting minutes of January 18, 2007 b) Accept HRA meeting minutes of January 23, 2007 c) Accept HRA meeting minutes of March 27, 2007 d) Accept Library Board of Trustee minutes of Apri13, 2007 e) Accept Telecommunications Commission meeting minutes of April 19, 2007 f) Accept Planning and Zoning Commission meeting minutes of May 1, 2007 Adopt Resolution No. 2007-68, being a Resolution to reschedule the May 28, 2007 City Council meetin tg o May 29, 2007 MOTION: Move to waive the reading of Resolution No. 2007-68, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-68, being a Resolution rescheduling the Monday, May 28, 2007 regular City Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers. RESOLUTION N0.200'7-68 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COi TNCIL MF.ETT_NG OF MONDAY; MAY 28, 2007 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 28, 2007 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 29, 2007 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Authorize Transfer of Funds to Police Department Budget to reimburse Overtime Fund MOTION: Move to transfer $1,200 received from Anoka County and placed in the City's General Fund, to the Police Department 2007 budget under line #1020, police overtime. Authorize caaitai eauipment replacement of Unit #286 with John Deere 5425 Tractor and Sweepster MOTION: Move to authorize the capital equipment replacement of Unit #286 and sweeper attachment with the purchase of one (1 }new John Deere Model 5425 Tractor and one (1) new OCTL Sweepster Loader Mount Hydraulic Drive Angle Sweeper in the amount of $43,612.37, from Isanti County Equipment on the State of Minnesota purchasing contract. Fundang shall. be from the Park Capital Equipment fund, 431- 45200-5180. Authorize capital equipment reRlacement of Unit #226 with Toro Groundsaster 580D mower City Council Minutes May 14, 2007 Page 3 of 16 MOTION: Move to authorize the capital equipment replacement of Unit #226 with one (1) new Toro Groundsmaster 580-D from MTI Distributing in the amount of $66,655.00 (with trade-in) plus tax from the Minnesota State purchasing contract. Funding shall be from the Park Capital Equipment fund, 431-45200-5180. Authorize staff to seek bids for the emer~encv repair of sanitary sewer_ _at 44th and Central MOTION: Move to authorize staff to seek bids for the emergency repair of sanitary sewer at 44th and Central Avenues. Councilrnember Nawrocki asked if this repair work would interfere with the Jamboree. Public Works Director Kevin Hanse~z stated it would be worked around Jamboree. Aiatho_rize staff to seek bids for the replacement of a picnic shelter at Silver Lake Beach MOTION: Move to authorize staff to seek bids for the replacement of the picnic shelter at Silver Lake Beach, based upon a recommendation from the Park and Recreation Commission. Adopt Resolution No. 2007-69 being a Resolution approving CUP for outdoor sales at 3927 Central Avenue MOTION: Move to waive the reading of Resolution 2007-69, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-69, approving a Conditional Use Permit for outdoor sales for Swenson's Greenhouse, located at 3927 Central Avenue, subject to the conditions outlined in Resolution No. 2007-69. R15JULU 11V1V 1V V. Ll~U7-brl RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JAMES SWENSON WHEREAS, a proposal. (Case #2007-0502} has been submitted by James Swenson to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3927 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERiviIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and. risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will. be designed, constructed, operated. and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is Iocated are adequately served by essential public facilities and services. City Council Minutes May 14, 2007 Page 4 of 16 7. Adequate measures have been or will. be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: The Fire Department will require a structure plan indicating the location of the exits and fire extinguisher placements. The Fire Department will require a flame spread certification for the membrane structure. A $500 deposit shall be submitted. to the Community Development Department prior to installation of the structures on the site. The deposit shat] be refanded after the Cond;'tional TJse Pern~it expires and the site has been cleaned up. All signage must be done professionally. Signage may not be painted directly onto the membrane of the structure. The membrane of the structure must be kept tied down and in good repair. Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for May l4, 2007. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 14, 2007, as presented. Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 121252 through 121505 in the amount of $1,146,379.29. Motion by Councilmember Williams, seconded by Councilmember Kelzenberg, to approve the above Consent Agenda. items. Motion passed unanimously. The following item was removed from the consent agenda and discussed at this time: Approval of the liquor store site plans and building designs and to authorize Oertel Architects to seek formal construction bids The City Maaaagea• briefly reviewed where we are on this parocess. Finance Director Bill Ela°ite irzfonned the couaacil that sigaaificant chaazges have been made to the original plans for the anew liquor stores. The archztectua•al design added costs. They are riot tatting back on the exterioa• appearance costs or the iaaterior costs affectiaag the appeal°arzce to caastornea°s. We may aaeed to borrow $1.2 millioaa intea°nally, and there are two oa° tlaa-ee alternatives available. Couracih~raerraber Nawarocki asked about the final site aaad floor plans grad questioaaed the latad costs. He also in~aaired about how rtudch boaadir~g is aaeeded for these projects and chow are we goiaag to pUV this off. Maintenaaaee casts are extra if tlae reaatal payment tive were paving covers the new loan paynzeaat oazly. He added, we have to add an elevatoa•. Sznce we don 't have the fiaaal playas, he feels this naotioaa is premature. City Council Minutes May 14, ?007 Page 5 of 16 Diane Oertel fi-om Oertel Architects was present and disczrssed the hard estimate for both stores of $4.3 rnilliorz. Resident Tim Utz stated that the city shozrld not skimp on costs, and build some nice buildings. He encouraged the ciiy to use union corziractors. Motion by Councilmember Kelzenberg, seconded by Councilmember Diehm, to approve the liquor store site plans and building designs and to authorize Oertel Architects to seek formal construction bids. Roll call vote: Ayes: Diehm, Kelzenberg, Williams, Peterson. Abstained: Nawrocki. Motion passed. PUBLIC HEARINGS First Reading: Ordinance 1525 Zoning Amendment to the Zoning Code as it relates to Used Auto Ca1_es and Rentals Jeff Sargent, City Planner; explained to the council that this ordinance deletes Sections e, h, i, and k of the cz.crrerzt zoning ordinance No. 1515, which set the starrdar•ds_ for z.csed cars and car• r°entals. Several gz~cestions were raised if this ordinance change would include sales arzd/or• r-erztal of vehicles and if cars also meant trucks. Jirn Hoeft stated that there is no difference between cars or trucks. Tony Preciado from SI01 University Averzzce and a representative from Budget Trzcck Rental, Wally, were present for clarification on this proposed ordinance. Wally from Budget Truck Rental stated they wozzld like Mr. Preciado to rent their tr-tacks at the University Avenue location. Both questioned how this or°dirzance affects car rentals vs. car sales. The Muvor asked how about how this would affect car auctions. 1 fie City Attorney stated that auctions are not regulated by the current ordinance oz- this proposed change. Councilmember Kelzenberg questioned if there would be any grandfathered irz. The Mayor left the council dais at 8:10 p.m. and returned at 8:13 p.nz. Motion by Councilmember Kelzenberg, seconded by Councilmember Nawrocki, to waive the reading of Ordinance No. 1525, being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Kelzenberg, seconded by Councilmember Nawrocki, to schedule the second reading of Ordinance No. 1525 for Tuesday, May 29, 200"7, at approximately 7:00 p.m. in the City Council Chambers. Roll call vote: Ayes: Diehm, Kelzenberg, Nawrocki. Abstained: Williams, Peterson ORDINANCE NO. 1525 BEING AN ORDINANCE RELATING TO USED AUTOMOBILE SALES/RENTAL The City of Coiutnbia Heights does ordain: Chapter 9, Article I, Sectian 4.107 (C}(7} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Starzctczrcts. The following uses are subject to specific development standards: 10 City Council Minutes May 14, 2007 Page 6 of 16 (7) Atczomobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b} An open-aired used ear auto and truck sales or rental lot as a stand-alone business is prohibited. c) Used Ears automobiles may be sold or rented as a stand-alone business if the used automobiles and associated business is are contained within a building. d) Used ears automobiles may not be sold accessory to businesses other than new car dealerships. #3e) Outdoor vehicle display areas within the public right-of--way are prohibited. g3f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. fig) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j~h) Music or amplified sounds shall not be audible from adjacent residential properties. mot,:.. l~:~~~ ,-- r~~ f~,- the ,- ~rl I}i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. rrr}j) Fuel pumps for the purpose of retail sale and dispensing of fuel. to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall. employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimutn of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. Adopt Resolution No. 2007-63, being a Resolution for abatement_of violations at 1261-1263 Circle Terrace Blvd. Fire Chief Gary Gorman explained to the cotatcil that this property had six violations. The pr°operty is vacartf and in theproccss^~,£ reclostcre. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution No. 2007-63, there being ample copies available to the public. Motion passed unanimously. Motion. by Councilmember Williams, seconded by Councilmember Nawrocki, to adopt Resolution No. 2007-63, a resolution of the City Council of the City of Columbia Heights declaring the property at 1261-1263 Circle Terrace Blvd N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Motion passed unanimously. RESOLUTION 2007-63 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Christopher & Tracy Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on April 26, 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 March 21, 2007 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 11 City Council Minutes May 14, 2007 Page 7 of 16 2. That on April 26, 2007, inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007, inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shalt repair the front storm door that is damaged, on the 1263 side. B. Shall remove the vehicle from the backyard., it is parked on a landscaped surface. It must be moved to a hard surface (concrete or asphalt/tar). C. Shall repair the badly damaged driveway. Shall repair aII of the potholes. D. Shall repair the damaged siding on the northwest corner of the building where a vehicle damaged It. E. Shall remove all/any junk/inoperable vehicles from the property. F. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropnat% ilOtiCe Of tl'iiS hearing according tv file pro"vlSiol'iS Gf the Cit'y' Code .CieCtion 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1261-1263 Circle Terrace Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1261-1263 Circle Terrace Boulevard 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. Adopt Resolution No. 2007-64, beinl? a Resolution for abatement of violations at 1611 37`-" Ave. Fite Chief Gary Gor•mara explained to the council that this property is vacant, there were many appliances outside, arad there were many weeds. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution No. 2007-64, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to adopt Resolution No. 2007-64, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37`h Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Motion passed unanimously. RESOLUTION 2007-b4 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mohamed. M. Essa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1611 37`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record. on April 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia 12 City Council Minutes May 14, 2007 Page 8 of 16 Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 19, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on April 26, 2007, inspectors re-inspected the property listed above. Inspectors noted that two violations remain uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007, inspectors reinspected the property and found that two violations remained. uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers in the following location(s). On the front of the house, the current numbers are not a contrasting color. Shall change numbers to a contrasting color. B. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That tiie property located at 1611 3 7°i Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1611 37`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Adopt Resolution No. 2007-65, being a Resolution for abatement of violations at 4917 Stn St. Fire Chief Gary Gorrnati explained to the council that the issue on this property was address numbers. Motion by Councilmember Kelzenberg, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution No. 2007-e~, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Kelzenberg, to adopt Resolution No. 2007-65, a resolution of the City Council of the City of Columbia Heights declaring the property at 4917 5th a nuisance and approving abatement of ordinance violations. Motion passed unanimously. RESOLUTION 2007-65 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Andrea Sakry (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4917 5`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on April 26, 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 March. 15, 2007 an inspection was conducted on the property }fisted above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on April 26, 2007, inspectors re-inspected the property listed above. Inspectors noted that one 13 City Council Minutes May 14, 2007 Page 9 of ] 6 violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: * Address numbers must be a minimum of 4-inch numbers and must be a contrasting color from their background. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and. 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4917 5"' Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or Tenant, as the case may be, have expired., or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4917 5`h 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 Ordinances and Resolutions Adopt Resolution No. 2007-67, authorizing the issuance, sale, and delivery of Revenue Refunding Bonds (Crest View proiect~ Shirley Barnes from Crest View (serving the commliraity since 1953) was p1"eserzt at the meeting, as was John Utley from Kemledy ~ Graven (their bond co2~msel). Walt Fehst, City Manager, explained that the city is charging a second fee due to the risk of l2ava;ag these bonds out there :.'1th the c1,''s name on then. ~??s. Ba;"12es stated that their auditor and ir2vestmerat balzker advised them that it is unusual to be charged a second administrative fee, bart they recognize paying the ongoing administrative fees. The Managel° asked Ms. Burnes who was their legal cozmsel, and she advised that Faeg1"e and Benson were their borrowing co2.msel. She stated that their bond counsel fees are paid by Crestview on this bond issaae. Mr. Utley stated that the resolution before the council tonight allows the bands to be issa~aed and irraposes a fee in the resolution. It will be three to fot~~2" -months before closing, so if the council decides to change their policy on this, there is time. Councilmember Diehm~ stated she just wanted to be sure our policy is treating people consistently the same whenever the city is charging administrative fees. Motion by Councilmember Diehm, seconded by Councilmember Kelzenberg, to waive the reading of Resolution No. 2007-67, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Diehm, seconded by Councilmember Kelzenberg, to adopt Resolution No. 2007-67, authorizing the issuance, sale, and delivery of Multifamily and Health Care Facilities Revenue Refiznding Bands (Crest View project), Series 2007A, and Taxable Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View project), Series 2007B, payable solely from revenues pledged pursuant to the indenture; approving the farm of and authorizing the execution and delivery of the bonds, and. the related documents; and providing far the security, rights, and remedies with respect to the bonds. 14 City Council Minutes May l4, 2007 Page 10 of 16 RESOLUTION N0.2007-67 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF MULTIFAMILY AND HEALTH CARE FACILITIES REVENUE REFUNDING BONDS (CREST VIEW PROJECT), SERIES 2007A, AND TAXABLE MULTIFAMILY AND HEALTH CARE FACILITIES REVENUE REFUNDING BONDS (CREST VIEW PROJECT'), SERIES 2007B, PAYABLE SOLELY FROM REVEN"UES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS, AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS. WHEREAS, the City of Columbia Heights, Minnesota (the "City"), is a home rule city and a political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds or oilier obligations io make a loan to finance a multifamily housing development, including the financing of the costs of the acquisition and preparation of a site and the construction of a new multifamily housing development for rental primarily to elderly persons; and WHEREAS, a multifamily housing development may consist of a multifamily housing development and a new health care facility if: (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; and WHEREAS, in the issuance of its revenue bonds or obligations and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, under the Act, the City may also issue revenue bonds for the purpose of refunding any reveriuc uuuus ui u,o ~.uy Nreviuas,y ,~~ued under the Act, rrcluding the payment of any redemption premium an.. any interest to accrue to the redemption date; and. WHEREAS, 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 Corporation, a Minnesota nonprofit corporation (the "Corporation"), formerly known as 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 N.E. in the City ("Crest View Home"), including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefore; and WHEREAS, 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 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 the Corporation. to finance the costs of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at 1515 44th Avenue N.E. in the City ("Royce Place"}; and WHEREAS, on March 31, 1998, 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 1991 Bonds, to redeem. certain other outstanding indebtedness of the Corporation, and to finance certain improvements to the existing facilities of the Corporation; and WHEREAS, on January 24, 2002, the City issued its: (i) Multifamily Housing Revenue Bonds (GNMA Collateralized 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 15 City Council Minutes May 14, 2007 Page 1 I of 16 principal amount of $110,000 (the "Series 2002A-2 Bonds"); and (iii) Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 20028 (the "Series 2002 Note"), in the original aggregate principal amount of $200,000 (the Series 2002A-1 and the Series 2002A-2 Bonds are hereinafter referred to as the "Series 2002 Bonds" and the Series 2002 Bonds and the Series 2002 Note are hereinafter referred to as the "Series 2002 Obligations"); and WHEREAS, 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"); and WHEREAS, 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 Series 2007 Bonds, as described below; and WHEREAS, the Corporation has requested that the City issue its: (i) Multifamily and Health Care Facilities P.cvenue Pefunding Bonds (Crest Viev.~ 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 20078 (the "Series 20078 Bonds"), in the approximate aggregate principal amount of $1,000,000 (the Series 2007A Bonds, and the Series 20078 Bonds are hereinafter referred to collectively as the "Series 2007 Bonds"); and WHEREAS, the proceeds of the Series 2007 Bonds are to be loaned to the Corporation, and the proceeds of the loan are to 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 Corporation; (ii) finance capital improvements (the "Improvements") to certain facilities owned by the Corporation, 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 Series 2007 Bonds; and. WHEREAS, at a regular meeting of the City Council of the City conducted on April 9, 2007, the City Council adopted a resolution declaring its preliminary intention to issue the Series 2007 Bonds, subject to compliance with the tP,-r„s and conditions of the Act, and subject to final agreement between the City, the Corporation, and the initial. purchaser of the Series 2007 Bonds as to the terms and conditions thereof; and WHEREAS, the Series 2007 Bonds are proposed to be issued pursuant to the terms of an Indenture of Trust, dated on or after May 1, 2007 (the "Indenture"), between the City and Wells Fargo Bank, National Association, a national banking association, as trustee (the "Trustee"), and the proceeds derived from the sale of the Series 2007 Bonds will be applied to fund a loan (the "Loan") to the Corporation pursuant to the terms of a Loan Agreement, dated on or after May 1, 2007 (the "Loan Agreement"); between. the City and the Corporation; and WHEREAS, neither the City nor the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture) shall be liable on the Series 2007 Bonds, and the Series 2007 Bonds shall never be a debt of the City or the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged under the terms of the Indenture), and in any event shall never give rise to a charge against the general credit or taxing powers of the City, Anoka County (the "County"}, the State of Minnesota, or any political subdivision thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: Section 1. The City acknowledges, finds, determines, and declares that the issuance of the Series 2007A Bonds and the Series 2007E Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2007 Bonds and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. Section 2. For the purposes set forth above, the Series 2007A Bands are hereby authorized to be issued in an original principal amount not to exceed $21,000,000 and the Series 2007E Bonds are hereby authorized. to be issued in an original. principal amount not to exceed $600,000. The Series 2007A Bonds shall. bear interest at rates not to exceed. five and. three-quarters percent (5.75%) per annum. The Series 20078 Bonds shall bear interest shall bear interest at rates not to exceed eight and one-half percent (8.50%} per annum. The Series 2007 Bonds shall be 16 City Council Minutes May l4, 2007 Page I2 of 16 in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the terms of the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2007A Bonds to be issued as tax-exempt bonds the interest on which is excludable from gross income for federal income tax purposes and excludable from net taxable income for State of Minnesota income tax purposes. The City hereby authorizes the Series 2007B Bonds to be issued as taxable bonds the interest on which is includable in gross income for federal income tax purposes and excludable from net taxable income for State of Minnesota income tax purposes. All of the provisions of the Series 2007 Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2007 Bonds shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the principal amount, the maturity schedule, optional and mandatory redemption teens, mandatory sinking fund payment schedules, and other terms and provisions of the Bonds) as the Mayor and the City Manager of the City (the "Mayor" and "`City Manager," respectively), in their discretion, shall determine. The execution of the Series 2007 Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2007 Bonds by the City shall be conclusive evidence of such determination. Section 3. The Series 2007 Bonds shall be special, limited revenue obligations of the City payable solely from the revenues of the Facilities pledged to the payment of the Series 2007 Bonds in accordance with the terms of the Indenture. The Series 2007 Bonds do not constitute a general or moral obligation of the City, and the City has not pledged its full faith and credit or taxing powers to the payment of the Series 2007 Bonds. The Series 2007 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. The Series 2007 Bonds do not constitute an indebtedness of the City except to the extent of the trust estate pledged under the Indenture, and do not constitute an indebtedness or liability of the County or the State of Minnesota. The City hereby authorizes and directs the Mayor and the City Manager to execute the Indenture and to deliver the Indenture to the Trustee and hereby authorizes and directs the execution of the Series 2007 Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resol~wtion aS full,' and t~ the same extent ac if inrrirpnrated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 4. The Mayor and the City Manager are hereby designated. as the representatives of the City with respect to the issuance of the Series 2007 Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement, dated on or after May 1, 2007 (the "Bond Purchase Agreement"), between Piper Jaffray & Co. (the "Underwriter"), the City, and the Corporation. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 5. The Mayor and the City Manager are hereby authorized and directed to execute the Loan Agreement, and when executed and delivered as authorized herein, the Loan Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from. the date of execution and delivery thereof. The Laan Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such forms and as the Mayor and the City Manager, in their discretion, shall determine; provided that the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such. determination. Section 6. The Mayor and the City Manager are hereby authorized and directed to execute and deliver all 17 City Council Minutes May 14, 2007 Page 13 of 16 other instruments and documents necessary to accomplish the purposes for which the Bonds are to be issued and the Indenture, the Loan Agreement, and the Bond Purchase Agreement are to be executed and delivered. The City Council hereby authorizes the preparation and filing of Uniform Commercial Code financing statements (with respect to the assignment of the interests of the City in the Loan Agreement and the other loan documents to the Trustee, for the benefit of the owners of the Bonds, other than the rights of the City relating to repayment of expenses, indemnity, payment of attorneys' fees, and repayment of advances of the City}. Section 7. The City hereby consents to the preparation. and distribution of a Preliminary Official Statement and an Official Statement with respect to the offer and sale of the Series 2007 Bonds (collectively, the "Official Statement") as requested by the Underwriter and the Corporation; provided that it is understood that the City has not been requested to participate in the preparation of or to review the Official Statement and has not done so. The City has made no independent investigation of the facts and statements set forth in the Official Statement; accordingly, the City assumes no responsibility with respect thereto including, without limitation, as to matters relating to the accuracy, fairness, completeness, or sufficiency of the Official Statement. Section 8. The Mayor, the City Manager, and other officers of the City are authorized upon request to funiish certified copies of all proceedings and records of the City relating to the Bonds, and such other aff,•davits and certificates as may be required to show the facts relating to the Series 2007 Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. Such officers, employees, and agents of the City are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Underwriter, the Trustee, or other persons or entities in conjunction with the issuance of the Series 2007 Bonds and the expenditure of the proceeds of the Series 2007 Bonds. Without imposing any limitations on the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver a certificate relating to federal tax matters including matters relating to arbitrage anal arbitrage rebate, a receipt for the proceeds derived from the sale of the Series 2007 Bonds, an order to the Trustee, a general certificate of the City, and an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. January 2002). Section 9. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution Lor contained in the Indenturee, the Loan Agreement, or other documents referred to above shall be deemed ±o be ±he covenar.±s, s±.pula±.ors, obl:ga±.ons, representa±tves, and agreetnen+.s o f the City to ±he full extent authorized or permitted by law, and all. such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Indenture, the Loan Agreement, or other documents referred to above shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement contained in this resolution or contained in The Indenture, the Loan Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any elected official, officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Series 2007 Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section L0. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the Corporation, and. the Trustee, as fiduciary for owners of the Series 2007 Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provisions thereof; this resolution, the Indenture and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City, the Corporation, and the Trustee, as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture. Section 11. In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Series 2407 Bonds issued. hereunder shall for any reason. be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Series 2007 Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. The teams and conditions set forth in the Indenture, the pledge of revenues derived. from the Facilities, the pledge of collateral derived from the Facilities referred to in the Indenture, the creation. of the funds provided far in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Series 2007 Bands pursuant to and under the 18 City Council Minutes May 14, 2007 Page 14 of 16 Indenture, and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, and proceeds of the Series 2007 Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this resolution separate and apart from the Indenture. Section 12. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2007 Bonds, and to the execution of the Indenture and. the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2007 Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 13. If for any reason the Mayor of the City is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the City, or any officer of the City duly delegated to act on behalf of the Mayor, may execute and deliver such documents with the same force and. effect as if such documents were executed by the Mayor. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council or any officer of the City duly delegated to act on behalf of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. Section 14. This resolution shall be in full force and effect from and after its passage. There were no bid considerations. Other Business Authorize payment for one-half the cost of a 2003 Ford mini-coach bus Mayor Peterson explained the catirrerzt van a~sed by the senior program participayzts is difficult to arse at~d the City could use a different vehicle that tivoaald serve the seniors better. Motion by Councilmember Nawrocki, seconded by Councilmember Kelzenberg, to authorize payment of $8,100 plus tax (one-half the total cost) for the purchase of a 2003 Ford 350 mini- coach, to be owned by the city, with the city portion to come from Fund 226 Special Revenues. Roll call vote: Ayes: Diehm, Kelzenberg, Nawrocki. Abstained: Williams, Peterson. Motion passed. ADll~IINISTRATIVE REPQl2'TS Report of the Ci Manag_er The Governor vetoed the first TIF bill. Senator Chaudhary has been pushing for this bill far our area. Councilmember Nawrocki asked about the Comprehensive Plan of 2001, and since we are going out for bids for a new plan, can we work off of this plan and modify it rather than start over? The Mayor stated that the 2001 plan is to be used as a base for the new plan. Councilmember Nawrocki asked about the affordable housing unit goals, and the City Manager stated that the city's internal goals are being followed, as established some time ago. Regarding the YMCA study, Councilmember Nawrocki wanted to know if we asked the school. to participate in this study. It was stated that the school was not asked to participate in this study. The City Manager discussed the tags that have been recently hung on residents' doors regarding the ordinance on cutting grass with same good results thus far. Residents have 19 City Council Minutes May 14, 2007 Page I5 of I6 five days to cut, or else the cutters come in. The City Manager discussed the buildings being demolished on 50`n and University, which is the site of our #1 liquor stare. Councilmember Nawrocki questioned the repair work in the alley at 37`n to 39`n between Tyler and Polk. He also inquired about the portable speed bump that was discussed far this area, where people could put in the speed bump and remove it. He also stated there were numerous junk vehicles or non-licensed vehicles at 682 39`n Avenue. He again asked for a copy of MNDOT's response to the 49`n pedestrian bridge replacement, and for recycling revenues from our hauler for the past few years (not the current year). It was noted that there was trash build-up/overflow on ground at the duplex at 4644 Washington was held. Roger Strom from 630 47 lh Avenue asked for clarification on cost to remove appliances from properties, and felt it was too much for senior citizens. Councilmember Nawrocki inquired who paid for the recent postcard mailing from BFI regarding appliance/TV removal costs. The City Manager stated that BFI paid for it. Councilmember Nawrocki stated that he could not find in our contract with BFI where they had a right to charge extra for the TVs and electronics. a. Report of the City Attorney -nothing to report. CITIZENS FORUM Mickey Rooney from Rising to New Heights, 4303 Reservoir Boulevard, announced that there will be a clean up of Hart Lake this Wednesday, May 16`n, from 5:00 p.m. to 7:00 p.m. This cleanup is in line with the mission of this organization-to create a better image of Columbia Heights. Everyone is encouraged to assist with this clean up. Resident Tim Utz inquired. why recycling has to be put out in front and the garage out in back. Resident from 4311 Jefferson inquired about cost of removing a washer and dryer, and fears that with the increased cost to get rid of appliances, the city may find items dropped off in alleys or parks. It was stated we have ane of the most liberal garbage/recycling programs in the metropolitan area. COUNCIL CORNER Councilmember Kelzenberg: • Excellent play at the High School this past few weeks. Councilmember Diehm's son was involved, as was Councilmember Nawrocki's granddaughter. • Great team work shown by Hennepin County Deputy who assisted with a police call on May 9`" Councilmember Williams: • Great Prayer Breakfast last Wednesday, May 9`". He thanked the Mayor and his family for serving a wonderful breakfast. • Seniors are using the walking path around Huset Park. Councilmember• Diehm: 20 City Council Minutes May 14, 2007 Page 16 of 16 • The School Superintendent interviews are in the fmal stages. • Attended the Prayer Breakfast last week and thanked for Mayor for his efforts on this event. • Was involved with the Race for the Cure this past weekend. • Values First: Responsibility • Get involved with the numerous summer recreational programs offered this year. Councilmember Nawrocki: • Memorial Day services: There will be a memorial service at the Anoka Memorial Gardens, 11800 University Avenue NW, Saturday, May 26 at 10 a.m. There will. also be a memorial service at Bunker Hills Park Veterans Memorial, Saturday, May 26 at 11:30 a.m. There will be a memorial service at Columbia Heights City Hall, Monday, May 28t", at 11:30 a.m. followed by lunch. at the VFW Post 230. • Slim Grotewold, a 'local 'businessman, passed away recently. He was a former President of the Marquette State Bank of Columbia Heights. • Tyler Shellito, son of Bruce and Joyce Shellito, who is a Special Operation Explosive Specialist, will be going to Iraq soon. • He had Anoka County do a comparison of a Columbia Heights home vs. a Fridley home; he noted the property taxes on the Columbia Heights home was $100 higher than the comparable Fridley home. Mayor Gary Peterson: • The May 9th Prayer Breakfast was well attended. He thanked Carole Blowers for all her assistance with this event. • Has received a letter requesting that we stop cable casting our council meetings. • Thanked Councilmember Nawrocki for the information on Memorial Day events. ADJOURNMENT The meeting adjourned at 9:25 p.m. Respectfully submitted, Carole J. Blowers Secretary Pro Tem 21 \'7~ \~~ i ' _./ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 8, 2007 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader. Catherine Vesley and Nancy Holum were absent. It was moved, seconded, and passed to approve the minutes of the April 3, 2007, Board meeting as mailed. Bill list dated 5/14/07, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 5/14/07 II, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Old Busiiness• 1. Update on the Jamboree parade. Marsha and Dana are busy planning a "jazzier" parade entry for this yeaz. Information about summer programming in the Children's Depardnent was distributed to the Board. 2. Work session of 4/30 with the City Council was discussed. The overall conclusion was that the meeting was very positive, and the Board will follow-up with the Mayor and City Manager on a regular basis. Policy reviews: a. The Board reviewed the Meeting Room/Facility Use policy and responsibility form. The changes to the previous policy were highlighted. After some discussion it was moved, seconded and passed to accept the Facility Use Policy as presented. b. The Public Behavior Policy was reviewed briefly. It was moved, and seconded and passed to table this policy to the June meeting. New Business• 1. It was moved, seconded, and passed to transfer $200.00 from line item 2000: Office Supplies to line item 2025: ILS supplies. 2. Anoka County Library Staff Day is scheduled far August 24. It was moved, seconded and passed to approve paid time for the part-time Library Supervisors if they wish to attend. 3. The budget is in the proeess of being prepared far 2008. The directive fram the City Manager is to prepare a "hold the line" budget. No labor contracts have been settled for 2008. The first draft is due in June. 22 4. The ACL strategic planning meeting attended by Chair, Barbara Miller was discussed. Barb provided an overview of the many items that were suggested for discussion by the general public who attended the meeting. 5. The date has been set for the Volunteer Recognition Program for the end of the summer. It will be held on August 23`d at 11:00 a.m. 6. The Board was informed of the Van Pilsum family listing the Library Foundation as recipient of memorials donated in honor of Shirley Van Pilsum. There being no further business the meeting was adjourned at 8:10 p.m. Respectfully submitted, Jeanine Schmidt Secretary to the Library Board of Trustees. The City of Cohmrbia 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 se>n ices, programs, and activities. 23 CITY COUNCIL LETTER Ol: 1V1aY 1y, LUU / AGENDA SECTION: CONSENT NO: ITEM: CREATION OF A CITY CLERK NO: POSITION ORIGINATING DEPT: FINANCE BY: WILLIAM ELRITE DATE: May 17, 2007 CITY MANAGER APPROVAL BY: Historic Information For over thirty years the City of Columbia Heights has not had a City Clerk position. At some point, possibly in the 1970's, the title of City Clerk was included with the Finance Director position. However, the only significant city clerk duties that were included in that job description were City elections and some statutory city clerk financial reporting functions. Customary city clerk duties, such as taking and maintaining council minutes, maintaining and updating the City's Record Retention Schedule, compliance with the Minnesota Data Practices Act, updating and maintaining the city code, Mayor/Council budget preparation, publication of official notices and other required documents, directing elections, and other such functions have been performed by a number of clerical and management personnel, leaving virtually no coordination of traditional city clerk functions. Since the mid 1990's management has been working progressively to include several of the above functions in the Council Secretary/Deputy City Clerk position. With the appointment of Patty Muscovitz to this position in November of 1999, major strides have been made incorporating city clerk functions into this post. Current Status Currently a large number of the traditional city clerk job functions have been. moved to the Deputy City Clerk position. With this, staff has rewritten the job description for this position and changed the job title to City Clerk, formally including the basic city clerk job functions. With this change, the pay range for the position has been re- evaluated in accordance with the City Council established pay plan. This plan utilizes the HAY system for evaluating positions. Under this system, the position is evaluated on knowledge, problem solving, accountability, and working conditions. This evaluation system has been used in the City since 1993, when it was adopted by the City Council. The primary goal of this plan is to evaluate positions in the City to ensure internal pay equity. The following chart shows the current pay rate for the Deputy City Clerk and the pay rate for a City Clerk position. Entry 5 Months 1 Year 2 Years 3 Years Deputy City Clerk 3392 3507 3623 3738 3854 City Clerk 3732 3859 3987 4114 4241 RECOMMENDED MOTION: Move to approve the establishment of the City Clerk position, the City Clerk job description, and the 2007 wage range for the City Clerk position effective June 1, 2007. WE:sms 0705171 COUNCIL COUNCIL ACTION: 24 CITY CLERK NATURE OF WORK This is highly responsible and varied clerical and administrative work in serving as City Clerk. Position provides receptionist, secretarial, and clerical assistance to the Mayor, City Council, and City Manager. Work involves considerable public contact. Work requires knowledge of, and familiarity with, the general city organization and operation of municipal services. This position is responsible for providing information and answers to the public and for receiving and handling inquiries and complaints from the public. Work also includes responsibility for scheduling and arranging various meetings, composing, compiling, gathering, copying, and distributing materials in accordance with deadlines, and performing research duties as assigned. Considerable initiative, independent judgement, and discretion is required in handling various delegated administrative details. Assignments, except for specific or special projects, are given in terms of general guidelines and reviewed from the results obtained. Supervision and evaluation of this position comes from the City Manager. The position is responsible to the City Manager as well as the Mayor and Council Members. ESSENTIAi. ~On FUNCTIONS 1. Types, copies, and distributes a variety of correspondence, minutes, reports, and other materials from dictating machine, rough copy or verbal instruction. Composes and types routine letters, meanos, notices, and other material. 2,. Arranges meetings of tie City Council, provides for public notice of same, and prepares, assembles, and distributes Council meeting agendas and materials. 3. Attends all regular and special meetings of the City Council, takes and types minutes of such meetings. 4. Interviews, screens, and refers callers; answers various inquiries; provides information on municipal services and functions. 5. Compiles and completes data for administrative and public reports, bulletins, questionnaires, and other documents. 6. Maintains records and files of official city documents including correspondence, minutes, resolutions, ordinances, and contracts; disseminates copies of such records as required; maintains and recaminends updates to City's Record Retention Schedule and determines which afficial records must be stored or destroyed in accordance with such schedule. 25 7. Organizes and directs elections, including arranging for polling places, receiving candidate filings and campaign expenditure reports, arranging far judges, preparing ballots, programming of voting machines, monitoring effective machine operation, training election judges, preparing legal notices for the media, purchasing necessary supplies, maintaining the required records, and serving as troubleshooter. 8. Serves as the responsible authority for compliance with the Minnesota Data Practices Act. Receives and responds to requests for data in accordance with the Act. 9. Maintains, updates, and distributes changes to the City Code on a quarterly basis. 10. Prepares and oversees Mayor and Council budget. 11. Obtains required signatures for ordinances, resolutions, contracts, and other official documents; ensures proper and timely publication of all official notices and other required documents. 12. Establishes and maintains records of boards and commissions, including membership and approved minutes. Coordinates recruitment, selection, interviews, reappointments and recognition of board and commission members. 13. Serves as City department liaison/representative on various committees as assigned; serves as Sunshine Fund Coordinator. 14. Serves as back-up to the Administrative Secretary. i J. Maiiitairis coiiiideiitiaiiiy' of iiifoii2'iaii^vii. 16 Operates a variety of office equipment. 17. Performs other duties related to the position as assigned. REQiTIREI? Ql<TALIFICATY~I~TS: High school graduation or equivalent. Combination of training and experience equivalent to an Associate degree in business or related field. Four years related experience performing responsible secretarial and administrative duties involving extensive public contact. Two years training and/or experience in the operation of a computer using Microsoft Office programs. Typing: 80 wpm. 26 KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of English, spelling, vocabulary, and proper grammar and usage. Knowledge of arithmetic, clerical practices and procedures, modern offtce equipment operation and municipal operation and organization. Skill in the operation of a variety of office equipment, including: computer and dictation equipment. Ability to maintain records and to prepare reports from such records. Ability to proficiently operate a computer using Microsoft Office program. Ability to make decisions in accordance with established policies and procedures. Ability to transcribe dictation at a moderate rate of speed as required by office operations. Ability to communicate effectively, orally and in writing. Ability to assemble, organize, and present in oral or written form information derived from a variety of sources. Ability to maintain confidentiality of information. Ability to establish and maintain effective working relationships with city officials, co-workers, other governmental agencies, and the public and to deal with public- related problems courteously and tactfully. 031407 27 CITY COUNCIL LETTER Meeting of: 5/29/07 AGENDA SECTION: CONSENT AGENDA NO: ITEM: APPROVE PERMITS FOR 2007 JAMBOREE ORIGINATING DEPA?tTMFNT, i CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 5/23/07 DATE: The City of Columbia Heights Jamboree will be held June 20th to June 24`" this year. The carnival, operated by Family Fun Shows, Inc. usually arrives a day or two before for set-up, which requires the closing of Jefferson Street on Monday afternoon, June 18th. Staff is requesting permission to close Jefferson Street from the alleyway on the north end ofHuset Park to the south roundabout. Other arrangements are made with various City departments including the license application, payment of necessary license fees and permits and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday, June 22, 2007, beginning at 6:30 p.m. The parade route will begin on Central Avenue at 45`" Avenue to 40`" Avenue, west on 40'" Avenue to 5`" Street and 5`" Street to Mill Street. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June I8, 2007 through Sunday, June 24, 2007. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2007 at 6:30 p.m. for the fallowing streets: Central Avenue at 45`" Avenue to 40`" Avenue, west on 40`" Avenue to 5`" Street and 5`" Street to Mill Street. RECOivllviENillED MOTION: Move to authorize Fireworks at dusk on Saturday, June 23, 2007. KH:jb COUNCIL ACTION: 28 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY: NO. Department 2007 Budget Overtime Line #1020 DATE May 22, 2007 DATE: BACKGROUND During the past four months, the Police Department took part in the statewide Operation Nite Cap program. This program involved putting officers on our streets on overtime, enforcing driving while intoxicated laws and use of seatbelts. In May, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $1,241.01. Part of this money ($721.62) was originally paid out of our 2007 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since part of the overtime dollars used to participate in this program were initially paid out of our 2007 Police budget and, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like to see $721.62 of these funds moved back into our 2007 Police Department budget line # 1020, overtime, from the General Fund. RECOMMENDED MOTION: Move to transfer $721.62, the amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program in 2007 from the General Fund to the Police Department 2007 budget line #1020 overtime. TMJ:mId 07-79 COUNCIL ACTION: 29 Page 1 of 1 Tom Johnson - Oper Nitecap From: Joseph Kloiber Ta: Paul Bonesteel Date: 5/14!2007 12:57 PM Subject: Oper Nitecap CC: Tom Johnson Paul: We'll be receiving the attached payment tomorrow. Joe Joseph Kloiber Assistant Finance Director City of Columbia Heights Telephone 763-706-3627 Facsimile 763-706-3637 file:/IC:\Documents and Settings\CCH-User\Local Se~tings\Temp\GW}00001.HTM 5!22/2007 Department of Finance -Vendor Payments -Payment Detail 9-digit ~x Department of Finance iogo :Payment lletail For Vendor CC1LUMfBI.A II:EIGHTS CI'I'~' ()F T loo. 0367'72001.00 Instructions Hom If you have any questions regarding this payment, please contact the agency in question at the telephone number noted below. Payment Number : EF00002751998 Payment Amount :1,241.01 Payment Date :2007/05/14 Contact Agency Codel Phone Voucher Description Number Number P07 ST PATROL- 6511201-7020 50000016115 ERNESTO Return to Payment Summary Page Department of Finance logo Home Vendor Payment Invoice Number Amount OP NIGHTCAP NOV TO 1,241.01 MAR07 POLIC Select a Different Location State of Minnesota Department of Finance 400 Centennial Office Bldg., 658 Cedar Street, St. Paul, MN 55155-1603 Phone 651.201.8106, Fax 651.296.1707, TTY 1.800.627.3529 If you have any suggestions or comments, contact: Potwsupport.Finance~a state.mn.us Page 1 of 1 file://C:\Documents and Settings\CCH-User\I.,acal S3e~tings\TemplI'aymentDetail.htm 5/22/2407 Operation ~ ig ht~AP Invooce A enc Narne: Columbia Hei hts Police De artment Agency Address: 599 Mill Street East ' Columbia Hei hts, MN 55421 SATURATION TOTAL OVERTIME TOTAL INVOICE FEDERAL FUNDS DATES : HOURS WORKED: AMOUNT: ALLOGATED: ~l/aa/~~' S: ~ ~ l ~~~a3, ~ ~~ ~3a/a~ ~ . ~~ ~ _ - - 3~~m /6 ~-~- ~~ ~3 /o ~ G -~ ~ .~ ~ ~ a ~~~R 6a ~ ~~~,3/~~ ~SG ~ ~ ~--~~~A~a ~ ~ ~ TOTALS: ~ ~. G - a S I $ 1 ~ `~/ ~_o~ ~ $6,000.._00___) CFDA Number: 20.601 This block for State Use Only Vendor Number: 036772001-00 SFY: 07 Order Number: 5000-5032 Agency: P07 Fund: 300 Org: 5153 Appr: 53G Repork Cat: 0308 APPROVAL SIGNATURES Coun y or i uthorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMIT TO: Federal Projects Coordinator Minnesota State Patrol 444 Cedar Street -Suite 130 St. Paul MN 55101 Fax: 651 /296-5937 ~, sz CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Consent NO. ORIGINATING DEPARTMENT POLICE CITY MANAGER APPROVAL: ITEM: Approval of Premises Permit BY: Thomas Johnson BY: Application Class B for MN Youth DATE: May 18, 2007 DATE: Athletic Services to conduct charitable gambling activities at Star Central NO: BACKGROUND Minnesota Youth Athletic Services, 41 l I Central Avenue N.E., Columbia Heights, Minnesota, has submitted a premise permit application to hold legal gambling activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota. Minnesota Youth Athletic Services has submitted a copy of the floor plan and lease agreement with Star Central, along with Permit Application, and Investigation fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 Investigation fee, the City Manager recommends the following action. RECOMMENDED MO"PION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 07-59 Attachments: COUNCIL ACTION: 33 Minnesota Lawfu! Gam6/ing LG215 Lease for Lawful Ga~nbfinc~ 1~ctivity 5106 Page 1 of Ch ck applicable item: 1. Lease for new application. Submit with new premises permit application. 2. Renewed lease. Submit with premises permit renewal. ~_ 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ovmership. Date effective ___~_~_L___ 4. Amended (ease ___ • Check the changes} in the lease: -----Rent ----Promises name ----Booth/bar ____Activity change ----Other Date that changes will be effective ____J___l~_~ • Both parties must initial and date alt changes. • Submit changes at least 10 davs rior to the change. Organization name License number ,Daytime phone µt~.-F.t So'rA ~fOJTH AYHVETi-L 5~2.~yUES ~ U~}E31q +(Z43)18f'Z7~' Name of (eased premises Street address City State 'Zip i Davttme phone ~7' R- ~-..--~'~-~ti,. ~OCi't Ctms'tdet~3.. ~~sE.l.l~ ~:a~3~ }~bi5~ i IvI~ i ~'~`fa'~ "i 370$-{~5"g3 Name of iPgai owner of premises I Business/street address City ~ State I Ztp ( Daytime phone JJ ~ - t ot.11 Cru-r+uh.- ~c., f. I ~~wn~8"+t r,7s. ~ MN ~ ~ SSyZ..1_.1 ,, - 1~~3 ,-SST Name of lessor Qf same as legal ! Business/streef address State City Zip Daytime phone owner, write in "SAME") I ~ S ~ ~ Check ail activities that wi!! be conductedc S,,LPull-tabs -Pull-tabs with dispensing device "Tipboards ,,Paddlewheel iPaddlewheel wikh table `Bingo Bar bingo Pti{{-`tar's, Tipbcar>rt, anCi Ra~~ieWrteei Rent (No lease required for raffles.} Booth operation -sales of gambling equipment by an employee Bar operation -sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r ., Does your organization OR any other organization conduct gambling ~ ~ ~ No from a booth operation at this location? ~ Yes _ t-------- ------~ I if'yau a;,~JJ^cred ~~e~ to the qU°Stlan 3bObe, rent limits are If you answered E::+ to the question ahrrio, rent Timis are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and puA-tab dispensing device - Bar operation with pul!-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and put(-tab dispensing device The maximum rent allowed may not exceed X1,750 in total The maximum rent allowed may not exceed $2,500 in Iota! per month for ail organizations at this premises. per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10%, of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid ICS % Percentage to be paid Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $20G per month may be paid. Amount to be paid $ Option C: $0 to $400 per month maybe paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 of gross profit. Amount to be paid $ Plus 0°!o to of gross profits. Amount to be paid $ Plus 0°ro to 10% of the gross profit may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000, Percentage to be paid °I° over $1,000. Percentage to be paid % Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the grass profits per month from ai! Lawfu! Option F: No rent may be paid for bingo gambling activities held during bingooccasions, excluding barbingo. conducted in a bar. Percentageco be paid Option E: A rate based on a cost per square foot oat to exceed 110% of a comparable cast per square foot for leased space, as approved by ~eW B in g0 Acfi't V ity the director ofthe Gambling Control Board. No rent maybe paid for bar bingo. Rate to be paid $ per square foot. Far any new binge activity not previously The lessor must attach documentation, verifed by the organization, to included in a Premises Permit Application, confirm ti-~e comparable rate and all appiicabl=costs to be paid by the a-act•, a separate sheet of paper listing the organization to the lessor. days and hours tl-~at bingo will be conducted. 34 ------- --..- --- •--- ._..------5/06-- - -I '~-~7-t. 'li f.ne~i~-~i1r._t-..7s.1t)'+rfPi-_~7fY~i'1IIY1fY ~~'it'il/lil'\/ wr ~ v .~v`..v.. .~.. ~....... ~... a......._....~ Lease Term -The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited -The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited -The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not particlpate as players in the conduct of lawful gambling on the premises. Illegal Gambling • The lessor Is aware ofthe prohibition against illegal gambling in if innesota Statutes 609.75, and Ule penalties for illegal gambiing violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees partidpated in the (Ilegai gambiing or knew ofthe gambiing and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period detennined by the Board for violations of this provision. ' • To the best of the lessor's knowledge, the lessor affirms that any and ail games or devices located on the premises are not being used, and are not gpable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. • Notwitfistanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making ~i cnt payments, pu~want to the terms of the lease, if the organization or its agents are found to he solely responsible for any illegal gambiing conducted at that site that is prohibited by Minnesota Rules 7861.0050, 5uhpart 1, or Minnesota Statutes 609.75, unless the organization°s agents responsible forthe illegal gambling activity are also agents or employees of the lessor. • The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambiing activity in which the organization did not partidpate. L Or L Other Prohibitions • The lessor will not impose restrictions on the organization with respect to providers (distributors} of gambiing-reiated equipment and services or In the use of net profits for lawful purposes. • The lessor, person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG} of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. • The lessor shall not modify or terminate this lease in whole or in part du t.^. the l°...tt.,Cr°5 `: olabon Cf tF;° nm`JiS:CnS IlSted in hhiw lease. Access to permitted premises -The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambiing on the premises. Lessor records -The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and theiragents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent ail-inclusive -Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor Wray be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the drange. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership, List or attach other terms or conditions (must be approved by director of Gambling Control Board) +4 ! ure of lessor ~ Dat Si ture of organizatio official (lessee) Date Print ~a~r ~„ of I sos,~ (~jja~tt.l Prmt~a ~d t e o~ss N®t f~F~4rh6,•t, _ Ls~C~ Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board} at 651-639-4000. This publicati~ will be made available in alternative format (i,e. large print, Braille} upon request. If you use a TTY, you can cal( the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and wiH be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 35 Minnesota Lawful Gambling -- _. _ s/os - ~~s ~. -- ~ . - - r. _ ~. Page 2 of 2 L-.3Lt~t rr~rrtra~~ r~rrrrr~~-~rNtrc~ai;?urr FOR BOARD USE ONLY (see Required Attachmenfs on Page 2j AnnUai Fee $150 Checks Y r3rganization information Organization name Organization license number /-'~tk..tlo-k~.. Yod~t.. ~}+t,(e~-:c ~erv;ceS O~IBI~i Name of chief executive officer (CEO) Daytime contact phone number Not the mailing address. ~ Gambling premises information D t u a P x umber O b . _ . o no se . o n d r Name of establishment where gambling will be conducted Street address wh ere premises is locate ~'~-a r C ~.. -}-rc l ~ City Township County Zip code Cvt~„~4,:s, 1}e ~ 4,+1 DR ~ ~M Kcti 55''/2 t Does your org nization own the building where the gambling will be conducted? a / ~ Yes / No Tf no, aktach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank name Bank account number e f'll ~~-~ 0 3~~ Z`1`-t tt ~ 61 Bank street address Gty State/Zip code (6~75r ~1r~Je~.ti~.-x ~{vo NG Fr;o~~e.~ rk,/ SSy3Z ~ 4ddress(esl in Minnesota of all temporary and permanenfoff-site storage spacefor gambling t equipment and records relaiird to treis site (e~~a;y rot be stored cuts i~+e of NI(nnesotaj i Address (Do not use a P.O. box number) City State/Zip cod e fiSS" -?3- `lZ ~-vc r_ Fr;dtP [~ r1ti,,~ S55'3Z Bingo occasions (including bar bingo] Enter day and beginning/ending hours of bingo aceasior~s (indicate A.l'4. or P.M,). An occasion may not exceed 8 hours. pay Be iq nnina/Ending Hours per! B~ginning~ ndina Hours to to to to to to to to to I to ~ to to to to tD LO to to to I to l _ - --- - - __ _- t0 _ t0 36 LC214 Premises Permit Application Page 2 of 2 8/05 Data Privacy T he information requested on this form {and any attachments} will be used by the Gambling Control Board {Board) to determine your quaAfications to be involved in (awful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. Yau have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disdosure of your social security number. If so, your social security number will be used to determine your compliance with the tax taws of Minnesota. Authorization for requiring your social security number is found at 42 U.S.C. 405 (c){i). Your name and address wit( be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues Acknowledgment and Oath your premises permit, when the Board issues your premises permit, ail of the inr"ormation that you have provided to the Board in the process of applying for your premises permit will become public except for your social security number, which remains private. If the Board does not issue you a premises permit, al! the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address whid~ will remain public. Private data about you are available only to the following: Board members, Board s`~aff whose work assignment requires that they have access to the information; the Minnesota Department of Public c'-.=..+... +h` ~~~ `~at~ Ai-F~arno~r Ganeral• the MjnriPCpi'a aa~c4y, ~ _1 .- _ Commissioners of Administration, Fnance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the inforrnatinn; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent I hereby consent that focal taw enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fuifi8 requirements of current gambling rules and law. I declare that: 1, I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operatiar~ of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information wilt be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the dental or revocation of the license. ~~~ dam' Si afore of Chief Executi Print name ~ ~ "t-t e S-/~-e~~ Date Officer (Designee may not sign} tc./, lie ~..T-N/~E~4~1 rit Required Attachments 1. If the premises is leased, attach a copy of your lease. Use form LG215 Lease for Lawful Gambling Activity. 2. Attach the resolution from the loco! unit of aovernment {city or county) which shows approval of your application. 3. For each premises permit application, a X150 annual premises permit fee is required. Make the check payable to the "state at Minnesota." Malt the application with attachments te: Gambling Contra) Baartl 17_1 west County Road B, Suite 300 South Rasevit{e, MN 55113 NOTE: There is a monthly regulatory fee of 0.1% (.OOI} of gross receipts from lawful gambling conducted at the site. The fee is reported on the Gi Lawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Cal! the Licensing Section of the Gambiine Control Board at 651-635-4000. If you use a i fY, calf the Board by using the Minnesota keiay Service and ask to place a call to 651-639- 4000. This form will be made available in alternative forma: (i.e. large 37 ~c~r~ESa~~ '~°~~~~ ~'' -~ ,~ y ~~/`~ .~ ~~~'F~E'~IC ~ErV~CES VJWW.MYAS.ORG DT: Iv1ay 17, ?007 TO: Gary Peterson, Mayor Robert ~Jilliams, -Council Member Brace I~lawrocki, -Council Member Tammera Ericson Diehm, -Council Member Bruce Kelzenberg, -Council Member Tom 3ohnsan, Chief of Police FR: RE Dear Mayor, Council Members and Police Chief, Dan KK:llinllchammer, Executive Director Keith Marek, Gambling Ivianager Lawful Gambling License On behalf of the I~trnnesota Youth Athletic Services and aver 150,000 youth sport participants, we respectfully request your approval to conduct lawful charitable gambling in the City of Columbia Heights at the Star Central Bar and Restaurant. For your information, the Mnnesota Youth Athletic Services was created as a 501c3 non-profit oruanization in 1991 and we moved our offices to 4111 Central Ave. in Columbia Heights in the Fait. of 't 994. tJs%e are ~t,iii8iuly licensed to conduct chharitable gambling in lvvdiir-iriescta ar~d :=.~e :nee± all of the local, state and federal requirements to conduct charitable gambling in Columbia Heights, MN. We currently have a staff of 16 people and we occupy approximately 4,500 square feet of office space at 4111 Central Ave. In addition to running Minnesota's best and biggest youth span leagues, camps, clinics and tournaments, we are Minnesota's leader in youth sport education programs for volunteer administrators, game officials, coaches, players and parents. Last year, the MYAS partnered with over 150 youth sport associations to host and conduct a multitude of youth sporting events. Those associations use our events as fundraisers for their Ioca1 youth sport organizations. Over the past decade, the Columbia Heights Booster Club and numerous other contiguous area youth sport associations have hosted our events and continue to da sa on a regular basis. Lf you would like to find out more about us and what we da, I would invite you to visit our website at v~~--mvas.c-~ or come visit. our offices at 4111 Central Ave. NE. We are familiar with charitable gaming rules and regulations, as we have been conducting charitable gambling since 1995. Monies generated from our charitable gaming operations ga directly to offsetting the hard costs of conducting our programs, which benefits all of our participants with better service and lower fees. In regards to the Star Central location, we are aware that they have experienced several burglaries ~s in the recent past and you may have some concern for the safety and security of that location. We had the same concerns, however, Star Lentrai has installed a new burglar alarm, .:deo camera's throughout the establishment and they have fortified the lock and gate system thraughout the building. In addition to these new security measures, we intend to install an addatianal camera system that will focus on the pull-tab booth itself AND we have arranged to drop all of our cash, on a nightly basis, at the Northeast Bank. We will not have any cash in the building overnight. We sincerely believe that our combined efforts will help to minimise the security risks at that location. Enclosed you wall frnd a listing ofour Board of Directors, a listing of our entire staff with phone numbers and extensions, a separate listing of RYAS stafrthat are involved with the administrative + r morn nn ,7 ,. l.l,~+n +hn f i+v ~f[rnlnmbia dtILISS related to chaiitatle ga.uivli,:ig, a Cnecl> .TCZ wG~:.~.t~~~ ti~a.~~ irnyiu,~~...~, ~..., ,.~...~ Heights, a diagram of the pull-tab booth space inside the bar and a copy of the signed lease agreement. If there as anything else that you need to expedite this request, please feel free to give us a call or stop by and visit us at our offices. Thank you for your anticipated approval. Respectfully, lvIYAS Executive Director (763-781-2220 ext. 14) l~efth fvfarek MYAS Gambling Manager (763-781-2220 ext. 23) 39 ~j-rA~... 1~.-E®..1 { ~.AL .~ 0 Iii 7c~tE.,, ~- a MN YOUTH ATHLETIC SER~/ICES, INC. 7659 - ~ ' GAM1~L•ING ACCOUNT „_,r9,a,22 j 781-2220 39T279A967 41'i i CENTflAL AVE NE, STE. 208 COIUMBI~I HEIGI-ITS, MN 55421-2955 QATE S" I ~ ~~ ~~ r. PAY J 1 t ORDER OF Ct ~`'T.e ~T ~' C4 ~ ~,,.., ~ , c, t~ C ~G.,i .~ ( ~F' Z.s CI ~ Q Q I r Yr:r~~ ~1 DOLLARS t3.1 „,,, •^ Wells Fa~gn Nano, N.R. a W MWlensasola .W fmga.cmn -~ I r-are _..._--- __~_~_~--~.-_-- II°000000~659t1• x:09 3.0000 L9,: 397 2?9496 LII• ...___. ~' I'. CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: May 17, 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 all fees due. RECOMMENDED MOTION: Move to issue arental-housing license to Cynthia Agyili to operate the rental property located at 679 40'h Avenue in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 42 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 21, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 29, 2007. COUNCIL ACTION: 43 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name 30106 30043 12059 10028 12041 30059 20236 20126 20024 20388 20390 12088 20119 10018 10023 10005 12208 30117 20070 20321 Crestview Corp. Attn; Anita Kottsick Attn: Mark Jossart Marietta Bornholdt Troy Bradshaw Ronald Cadieux Lester Chies Dennis Coppess Raymond Fritz Marge Janson Marge Janson Marge Janson Dorn King Amy Knoll Brian LeMon David Miller David Nelson Timothy Quass Lisa Telkamp-Castro Stanley Van Blaricom Lisa Wrobel 05/21 /2007 11:47 44 Property Address 4458 Reservoir 4200 3RD 4207 2ND 3914 Tyler 665 45TH 4347 Tyler 3861 EDGEMOOR 1332 CIRCLE TERRACE 1266 CIRCLE TERRACE 1242 CIRCLE TERRACE 1248 CIRCLE TERRACE 4516 Taylor 4817 5TH 5140 7TH 4932 4TH 3911 Tyler 3727 Reservoir 4607 Tyler 4500 Tyler 3951 POLK Page 1 CITY COUNCIL LETTER Meeting of: May 29, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 24, 2007 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the May 29, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007, a Peddler's License for Fireworks Sales at the Columbia Heights Mall located at 40`'' and Central Ave and a Temporary On Sale Beer license for Immaculate Conception's Fun Fest held in August. At the tap of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 29, 2007 as presented. COUNCIL ACTION: 45 TO CITY COUNCIL May 29, 2007 *Signed Waiver Form Accompanied Application 2~~7 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Champion Water Services Hillcrest Plumbing *Roger Jensen Excavating *Dayton Exteriors Inc Precision Plumbing Inc Joe's Sewer & Water 212 N River Ridge Cir 6347 Ware Rd, Lino Lakes 35818 Adolf Rd, Askov 14041 Vinewood Ln N, Dayton 4124 Mackenzie Ct. St Michael 5000 Pioneer Tr, Loretta $60 $60 $60 $60 $60 $60 *VSI Construction *Circle B Excavating PEDDLERS LICENSE 11751 Troy Ln No. Maple Grove 9033 Burns Pkwy, Anoka POL *Renaissance Fireworks 1607 Lawry Ave NE Mpls TEI~iP ON SALE BEEix POL *Immaculate Conception Church 4030 Jackson St. Col Hts For Fun Fest Aug. L 0`h, 1 I `h, and 12`h $60 $60 $100/$200 $300 46 CITY OF COLtrMBIA. HEIGHTS FINANCE ~EPAI~. T .IViENT COUNCIL MEETING OF: /~Yl Z~/ 2011 STATE OF MIA~hTES(?TA l:0UN~1'Y GF' ANUK.A CITY OF COLUI`~IBTA H.EIGFITS Ilfa#ioa #o a~~+rove ~aymen~ o;'h~s oni of the prover i_FunRs; ~g Lsted an bhp 2tt»ched check register covering Check Numher _~~ S d (a through ~~ ~sg' in the amount of $ g~~,s~ ~ . `^] b , These cheeks have been e~.amined and found to be legal charges against the CITY OF COLtTMBIA HEIGHTS, and are hereby, recommended for payment 47 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/24/2007 12:40:02 Check History GL050S-V06.74 COVERPAGE GL540R *******************it**************:k*************************~k****************** * *** C O U N C I L * *** C U U N C I I. * * * * C O U N C I L. * * * * * *** C O U N C I L ************************************************************~k****************** Report Selection: Optional Report Title.......05/29/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... tixru Journal Entry Ids........... thru Check Number ................ 121506 thru 121658 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 Cl?I CP SP J COUNCIL 02 P4 Y S 6 066 '10 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS OS/24J2007 12 Check History GL5.10R-V06.74 PAGE 1 05f29/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BP1~1K CHECKING ACCOUNT AaRP 121506 190.00 ACE HARDWARE 121507 69.81 AMERICAN BOTTLING COMPAN 121508 285.21 ARCH WIRELESS/METROCALL 12.1509 :32.29 CAPITOL BEVERAGE SALES L 121510 24,093.51 CARROW/CARLENE 121511 105.99 CHTSAGO LAKES DISTRIBUTI 121512 6,319.76 DUGDALE/MARY 121513 39.00 FSH COMMUNICATIONS, LLC 121514 60.00 GENUINE PARTS/NAPA AUTO 121515 147.35 HOHENSTEINS INC 121516 4,713.05 HUSET PARK DEVELOPMENT C 121517 642.29 IDEARC MEDIA CORP 121518 67.75 KENNEDY & GRAVEN 121519 270.00 LEAGUE OF MN CITIES INS 121520 245.00 CINDER'S GREENHOUSES 121521 44.21 MARCO 121522 70.00 NEXTEL COMMUNICATIONS 121523 372.59 PETTY CASH - KAREN MOELL 121524 152.50 PETTY CASH - MARY DUGDAL 121525 103.85 PREMIUM G7ATERS INC 121526 182.91 QWEST COMMUNICATIONS 121527 1.16.09 S & T OFFICE PRODUCTS IN 12'1528 29.70 SHAMROCK GROUP/ACE TCE 12"1529 561.46 SPRINT INC 12'1530 45.71 STURDEVANT/JOE A 121531 .29.85 VERIZON WIRELESS 121532 X1.17 WHITNEYJBRUCE 12'1533 1'78.24 WINDSCHITL/KEITH 12:1534 39.90 XCEL ENERGY (N S F) 121535 3,217.26 10,000 LAKES CHAPTER OF 121536 60.00 AMERICAN BOTTLING COMPAN 121537 314.10 ARCH WIRELESS/METROCALL 12:1538 94.51 CAPITOL BEVERAGE SALES L 121539 8,334.90 CITY OF COLUMBIA HEIGHTS 121540 136,6x5.49 FARMER-BOCKEN 121541 7,116.10 FRIDLEY LITTLE LEAGUE 121542 400.00 GENUINE PARTS/NAPA AUTO 121543 3.6.82 GRIGGS-COOPER & CO 121544 14,107.13 JOHNSON BROS. LIQUOR CO. 121545 26,796.49 KRUEGER/TODD 121546 500.00 LUND/TIM 121547 139.95 MC COSH/MARIE 12:1548 55.00 MC GONAGLE/JOSEPH 121549 373.78 OFFICE DEPOT 121550 25.26 OLSEN REAL ESTATE GROUP 121551 91.58 PITNEY BOWES LOUISVILLE 121552 105.41 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/24/2007 12 Check History GL540R-V06.74 PAGE 2 05/29/2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT QUALITY WINE & SPIRITS 121553 27,609.63 SENSIBLE LAND USE COALIT 121554 54.00 SHAMROCK GROUP/ACE ICE 121555 654.04 SURLY BREWING CO INC 121556 190.00 THREE RIVERS UMPIRE ASSO 121557 1,350.00 YANG/CHA 121558 243.08 WASMUND/PATRICIA 121559 198.00 XCEL ENERGY {N S P} 121560 187.18 ABUSHANAB/IMAD 121561 372.75 ACE HARDWARE 121562 28.00 ALLIED/BFI WASTE SYSTEMS 121563 88,643.53 ALTRA BLIND CLEANING 12:1564 195.00 AMERIPRIDE INC 121565 71.86 ANOKA COUNTY 121566 291,136.28 ANOKA COUNTY LIBRARY 121567 286.91 ANOKA CTY - CENTRAL COMM 121568 733.82 ANOICA CTY FIRE PROTEC'I'IO 121569 210.00 ASPEN MILLS, INC. 121570 611.95 BAKER & TAYLOR 121571 2,505.26 BAKER & TAYLOR ENTERTAIN 12:1572 832.91 BARNA GUZY & STEFFEN LTD 121573 13,727.00 BATTERIES PLUS - 028 121574 75.40 BIFF'S,INC. 121575 851.76 BOUND TREE MEDICAL LLC 12:1576 37.54 BOXER TRUCK PARTS 121577 136.76 BROCK WHITE CO. 121578 198.77 BRODART 121579 66.54 CADD/ENGINEERING SUPPLY 12:1580 720.37 CATCO PARTS SERVICE 121.581 20.96 CENTERPOINT ENERGY 121582 34.67 CHURCH OFFSET PRINTING I 121583 63.80 COLUMBIA HEIGHTS RENTAL 121584 23.38 COMMERCIAL POOL-SPA SUPP 121585 4,591.68 COORDINATED BUSINESS SYS 121586 183.12 DAKOTA COUNTY RECEIVING 121587 63.00 DAVES SPORT SHOP 121588 203.90 DEMCO, INC. 121589 166.25 DIAMOND VOGEL PAINTS 12:1590 1,240.09 DISCOUNT STEEL INC 121591 60.01 DIVR ENTERPRISES 121592 1,390.99 ELAN OIL COMPANY 121593 427.33 ELK RIVER FORD 121594 41,460.00 EMBEDDED SYSTEMS 121595 873.12 EMERGENCY AUTOMOTIVE TEC 121596 546.29 ENVIRONMENTAL SYSTEMS RE 121597 906.71 FIRE EQUIPMENT SPECIALTI 121598 4,003.91 FIRENET SYSTEMS, INC 121599 228.98 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/24/2007 12 Check History GL540R-V06.74 PAGE 3 OS/29f2007 COUNCIL LISTING BANK VENDOR CHECK NUMBER AA4OUNT BANK CHECKING ACCOUNT FLANAGAN SALES INC 121600 7,1~:L.56 G & K SERVICES INC 121601 1,363.52 GENUINE PARTS/NAPA AUTO 121602 505.30 H & L MESABI 121.603 6,0~}'1.07 HARRIS INFO SOURCE INTL 121604 193.00 HD SUPPLY WATER WORKS 121605 1,255.45 HENNEPIN TECH COLLEGE 121606 396.00 HOME DEPOT #2802 121607 202.93 HOTSY EQUIPMENT OF MINN 121608 311.67 HYDRANT SPECIALIST 121609 13.74 INSTRUMENTAL RESEARCH IN 121610 852.80 iTL, PATCH COMPANY INC 12:L611 524.89 KEEP INC/THE 121612 '73.15 LAKE RESTORATION INC 12:L613 459.76 LEAGUE OF MN CITIES INS 121.614 1,219.00 LEAGt7E OF WOMEN VOTERS M 121615 1!i.00 LETTUCE CATER 121616 50.80 MAC QUEEN EQUIPMENT CO. 121617 2,609.62 MARCO, INC 121618 6'7.50 MCFOA - TREASURER 121619 35.00 MEDTOX LABORATORIES, INC 121620 29.66 MENARDS CASHWAY LUMBER-F 121621 3'13.99 METRO EMERGENCY MANAGER' 121622 E">0.00 METRO WELDING SUPPLY 121623 31.15 MIDWAY FORD 12'1624 1<}0.08 MIDWEST LOCK & SAFE INC 121625 618.15 MIDWEST MACHINE TOOL SPP 121.626 58.03 MILOW ELECTRIC INC 121627 796.57 MINNEAPOLIS FINANCE DEPT 121.628 70,570.64 MINNEAPOLIS OXYGEN CO. 121.629 :L'1.52 MINNESOTA DEPARTMENT OF 121630 10,134.00 MN DEPT OF PUBLIC SAFETY 121.631 700.00 MN SPRING & SUSPENSION 121.632 1,095.72 NORTHEASTER 121633 4'?1.20 NQRTHERN TOOL AND EQUIPM 127.634 77.70 NORTHERN WATER WORKS SUP 121635 479.18 OFFICE DEPOT 121636 743.58 PEPSI-COLA-7 UP 121637 15'7.50 PROFESSIONAL SERVICES 121638 1"78.88 PROSOURCE TECHNOLOGIES I 121639 1,3()3.49 REED BUSINESS INFORMATIO 121640 28:3.21 ROYAL TIRE 121641 l,Oti5.43 SANITARY ENGINEERING LAB 121642 9?.0.00 SHERWIN WILLIAMS 121643 5.84 STEEL TECH INC 121644 61:3.98 STREICHER'S GUN'S INC/DO 121645 206.14 SUN PUBLICATION INC 121646 1,06:2.76 ACS FINANCIAL SYSTEM 05/24/2007 12 SANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 05/29/2007 COUNCIL LISTING CHECK NUMBER AIKOUNT TFIOMSON GALE TKDA, INC TRUGREEN CHEMLAWN URBAN LAND INSTITUTE VERIZON WIP.ELESS VIKING SAFETY PRODUCTS VISU-SEWER CLEAN & SEAL VOGEL PAINT & WAX COMPNA WERNER ELECTRTC SUPPLY C ZARNOTH BRUSH WORKS, INC 3M ANOKA COUNTY 121647 25.47 121648 1,02'7 .60 121649 423 .42 121650 2'25 .00 121651 34 .10 121652 16~l .86 121653 2,035 .00 121654 2,3:32 .92 121655 0 .72 121656 1,452 .13 12165? 7,687 .88 121658 112 .00 857,593.76 *** N ACS FINANCIAL SYS''PEM CITY OF COLUMBIA HEIGHTS 05f24/2007 12 Check History GL540R-V06.74 PAGE 5 05/29/2007 COI.JNCIL LISTING BANK VENDOR CHE7CK NUMBER AI+IOUNT REPORT TOTALS: 857,593.76 RECORDS PR.'~NTED - 000513 ACS FINANCIAL SYSTEM 05/24/2007 12:40:04 C.zeck History FUND RECAP; FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 55,878.52 201 COMMUNITY DEVELOPMENT FUND 2,017.71 212 STATE AID MAINTENANCE 444.29 240 LIBRARY 5,519.82 270 DARE PROJECT 700.OD 378 MEDTRONIC - TIF (N7) 291,136.28 415 CAPITAL IMPRVMT - PIR PROD 1,179.11 420 CAP IMPROVEMENT-DEVELOPMENT 34.67 431 CAP EQUIP REPLACE-GENERAL 41,460.00 436 CAPITAL EQUIP REPLACE-LIQUOR 1,411.29 601 WATER UTILITY 85,625.37 502 SEWER UTILITY 4,769.48 603 REFUSE FUND 88,660.36 604 STORM SEWER UTILITY 553.39 609 LIQUOR 123,127.28 652 SEWER CONSTRUCTION FUND 873.78 701 CENTRAL GARAGE 8,247.79 720 DATA PROCESSING 107.25 875 FISCAL AGENCY: GIS RANGER 7,687.88 884 INSURANCE 1,464.00 885 PAYROLL FUND 131,253.34 887 FLEX BENEFIT FUND 5,442.15 ~ TOTAL ALL FUNDS 857,593.76 SANK RECAP: BANK ---- NAME ---------------------------- DISBURSEMENTS SANK CHECKING ACCOUNT 857,593.76 TOTAL ALL BANKS 857,593.76 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: May 29, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Community Development APPROVAL ITEM: Second reading of Ordinance No. 1523, BY: Jeff Sargent, City Planner BY: being an Ordinance relating to the use of DATE: May 22, 2007 temporary signage in the business districts in the City of Columbia Heights. BACKGROUND: At the April 23, 2007 City Council meeting, the Council tabled the second reading of Ordinance 1523 to the May 29, 2007 City Council meeting, in order to obtain input from a newly created business owners group. On May 17, 2007, the business owners group met with the City Planner with some recommended changes to the proposed zoning amendment related to temporary signs. The business owners group would like the City Council to consider the following: 1. Allow up to 6 temporary signs per calendar year instead of the recommended 4 temporary signs per calendar year. 2. Allow stick-in-the-ground portable signage, but have them count towards the number of temporary signs allowed per calendar year. (The proposed code amendment would disallow stick-in-the-ground signs completely). 3. Make an exception for the placement of sandwich board signs for those businesses with a lack of visibility. 4. Allow any number of temporary signs to be used during the permit period of 30 days. Staff feels that the originally proposed Zoning Amendment pertaining to temporary signage is adequate and recommends the adoption. of Ordinance 1523 as presented. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1523, being ample copies available to the public. 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: A~ri123, 2007 Council Letter, Ordinance 1523, Draft Ordinance 1523, Aril 23, 2007 City Cotinzcil rntt2utes, Y+G COUNCIL ACTION 55 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin o£ A ril 23, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S l~Tll, ('nrnm~~n~t~~ 17ec~elr~prr~ent ~PpRO~1AL. ITEM: Second reading of Ordinance No. 1523, BY: Jeff Sargent, City Planner BY: being an Ordinance relating to the use of DATE: April 18, 2007 temporary signage in the business districts in the 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`" 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: t . 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 ire 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; rather 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 public. 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: U~~dinc~nce 1 JZj. Uratt Urdinance 1 71.x, Y+G COUNCIL ACTION 56 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 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 enhance 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. `JVithout 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 hazaB•d because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d} A private sign containing words or symbols, which might reasanably be construed as traffic controls. 57 (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated nr rntatiln~a tnnr-tinn therenf (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) 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 malntalned by any person o2'i 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 elechical 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 exceeding eight square feet. 58 Is thereby amended to read as follows: (Fl PrnhihijQrl ,~Ciay~c, Cignc that are not cpe~ifi~ally perrt~itted 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 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-o~ v~~ay, other than tiiiae 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) Any sign that does not display the name of the manufacturer or maker penllanently attached to, or painted or printed on, the exterior or structural supports of the sign. 59 (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, ar 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) Te~npora~y Signs. The following standards shall apply to temporary signs in all ZGi~Irig disLlict$: (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 wail of the building. (c) No temporary signs shall extend over or into any street, alley, sidewalk 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 all times. (d} 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} Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. 60 Is thereby amended to read as follows: (7} i'E'iicyvi"ui y'',~iis iii. Tile ivii~v`~v'uag standards shuii apply to teiiipor uiy' sigiiu in ail 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 more 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. (2} One (1) sandwich board sign is permitted per business. 61 (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 shall 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 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: Seconded by: Roll Call: , 2007 2007 Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 62 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 direct 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) Sig~z Regt~~latio~is. (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 or color constitutes a traffic hazard because it obstructs free and clear vision, or intei-a-upts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. 63 (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof (fj 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) 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 sigh that is erected, placed o~° mai~itaizied 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 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 exEeed~n~~~~q~ excluding sandwich beard signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professianal real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). 64 (7) Te~nporafy 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. (-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. (b-}(f) Temporary ba~ers signs or pennants shall not exceed ~-fe sib 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 ten,po-r-ary sign shall be limited to a 3a-day display period per permit. {~}(h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare ^ ~'~^*^~^° ^ °^+°r +,~^~ ^n ; ^~,°^ ~ °-r +i.° . ^" ,and may not cover more than ~J% of window area such that %J% of the total window area is kept clear at all times. (d3(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 i the LB, Limited Business, C, General Business, and CBD, Central Business District only. 65 (2) One (1) sandwich board sign is permitted per business. ('tl Canrlwirh board ciartc are limited to eight (Rl cmeare fPPt in \"/ b b"'" \"/ 7""' 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 shall 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 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 ar~d after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: 2007 2007 Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 66 City Council Minutes April 23, 2007 Page 1 of 3 PUBLIC HEARINGS A} Second reading~of Ordinance No. 1523, being an Ordinance relating to the use of temporary sig_na~e in the business districts in the City of Columbia Heights Jeff Sargent, City Planner, stated this ordinance pertains to the use of temporary signage in the city. Sargent listed the four proposed changes. The changes would not take away the use of temporary signs, but would limit the location, number allowed at a given time, duration and size. Peterson stated that at the last meeting the City Planner was directed to talk to business owners. Sargent stated that he talked to two owners, one of which is present tonight and the second owner only requested clarification and was satisfied with the proposed ordinance. Peterson opened the public hearing and asked for public comment. Jeff Bahe, Jeff s Bobby and Steve's AutoWorld, stated that he met with the City Planner and went out to meet other business owners. He presented a letter from Mr. Moser, a business owner that could not be present. He stated that five other business owners are present. These business owners stated they were not approached by the city with the proposed ordinance change. Bahe stated that he had 20 signatures regarding this, and he believes it is possible to form a business association. He requested that a committee of business owners and city staff come up with a cooperative plan. Diehm asked if the request is to table the second reading of the ordinance. Bahe stated that he has ten people that want to be on a committee to come up with a plan. Diehm asked what the proposed ordinance concerns are. Bahe stated the number of signs, that a temporary sign requires a permit, and the duration of the permits. Bahe stated that this is going from liberal to chocking the businesses, but he agreed that changes need to be made. The business owners, as tax payers, need to be heard. He felt there would be a resolution that works for everybody. Robert Hartley, Attorney on Central Avenue, stated he and his friend purchased the building and he owns another business across from the theater. He agreed that his banner needs to be changed. Hartley suggested a com.Yrron theme, such as using the theater or peace clock. If the business owners and city can come up with a plan, that would be the best solution. Kelzenberg told him that his banner should be removed. Hartley referred to the area by Nye's and the quality of the businesses fitting together. Columbia Heights has a corridor of businesses that have uniqueness about them. George Haney, Property Manager of Central Value Center, asked for clarification. of what the temporary sign application would cost. Sargent stated that the fee has not been determined, but would cover the cost and wage to process the permit and site visit or there may not be a cost. There has not been a formal decisian. Dielun asked if our liquor store is in violation of our sign ordinance. Peterson 67 stated that one store was in violation, but the signage has now been removed. Haney asked if the signs would require property owner approval and have due process rights. He stated that other communities such as Elk River require the ownership be aware of when signs are going up and what they say. Peterson asked if he would be willing to work with the group. He stated he could attend a meeting. Sargent stated it has not been determined if it would be best to have the property owner sign the permit or if it would be the responsibility of the applicant/tenant. Barb Kolaff, owner of Mineke Car Center, stated that they opened last fall and that signage is important to them, since they do not have the visibility of other businesses. She indicated that they put up a sign and three days later received a letter to take it down. We need to work together on this. Where was the communication; we did not know about this proposal. She stated that as a business owner, she is anxious to form a committee and bring the community together. Kolaff stated disappointment with signs that are knocked down and with temporary signs that are permanent. We want to work together with the City. Peterson indicated that there was discussion at the last meeting to table this to have business input. Now we can get those meetings started so business owners, staff and Planning and Zoning Commission (P&Z) members can work together. Sargent reminded Council of the process for the second reading of an ordinance, stating notification met all legal requirements. Four public meetings were held. It would be cost imperative to notify all residents. This ordinance only addresses temporary signs. Sargent agreed with having a common theme, which is covered in our Design Guidelines. Information was gathered from other cities and passed on to the P&Z Commission through work sessions. They concurred on what was reasonable. Sargent stated he would be willing to attend the business owner's meetings, but referred to the work the P&Z Commission did on this ordinance. Nawrocki indicated that he was the only person that voted against disbanding the Columbia Heights Chamber of Commerce. We had improved the control on signs; unfortunately they are allowed an excessive amount of time, which is not much better than 30 years ago. The proposed ordinance is still pretty weak. Nawrocki referenced signage comparisons to the Auto World facilitys. He indicated that Bona's on University Avenue does not use temporary signage. He does well without temporary signs. Nawrocki referred to the lack of signs around businesses in Washington DC. He applauded the P&Z for putting this ordinance together and indicated the desire that the Council listens to their recommendation. Motion by Nawrocki, to waive the reading of Ordinance No. 1523, there being ample copies available to the public. No second was received. Motion failed. Diehm agreed that staff has done a good job and thanked the P&Z for their work on this. The ordinance revisions do not seem harsh. We have repeatedly asked our business owners to get involved. She stated disappointed that they did not get involved in the planning stage, but would like to give them an opportunity to have 68 that discussion. Diehm indicated that she many not be open to support anything more lenient, but wants to let business owners know that we want their involvement. Kelzenberg stated his appreciation for staff and the P&Z's hard work, but felt it was great that the businesses want to meet on this. There is room for a happy medium; a lot of those signs don't belong out there. Peterson agreed with Kelzenberg and Diehm. Sargent stated he would moderate the meeting, but requested a specific date when. this would come before the Council. We do not want it to take six months before anything is done. He stated that if the committee recommends changes to amend the ordinance, it would need to be brought before the P&Z Commission. Diehm agreed with a one month time period with the goal being the review of these provisions. Motion by Diehm to table the second reading of Ordinance 1523 regarding temporary signage, until the second Council meeting in the month of May. Second by Kelzenberg. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay - 1 abstention. Motion carried. Diehm clarified that it is not up to the City Planner to schedule this meeting. It is up to the business owners to meet with staff. If this is not done, the ordinance will go forward. Peterson indicated that this meeting would be to help the business owners understand the Ordinance. The business owners should have an organization that we could contact in such cases so there is not a perceived lack of communication. Even though hearings are done legally, the message does not always get out. 69 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0403 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REGIUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, City Planner 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 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 includeng 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, pasts, and the like. (Figure 1, and Figure 2). City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 r , ~.. ~'~ 4.~; ,~ -N:. n.. ~~, ~~ _ ;:>,. FIGURE 1 ~ 3 E,_.~_ .,,~ -7 P,~ n ° " a~ ~ ~ ,, 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). °~ `~ 1~.. 4{~ ~~ :.3:61[ ff"s' ~.-:3S°f £E ~~yy~yy PSs~t _ ~. a.. ,, r _~M f: - FIGURE 3 ~ ,..., ~ ,iwa rt _ Hv _-_o ~,m+.. .. FIGURE 4 signs on the building as they pleased. 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 Central and 40th Avenues, it would be counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary Page 2 71 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 Staff's preference would be to add language to the ordinance restricting the number of +....~a.. n.-...-.. h. Irl hl +n Inv n+ nnv rria.nn +i mew Thic aaini ilr~l t~ ~c~ i iNvi ai y Sighs a vusiii~e~~ `v`Jouiu be auie w disp~ay a~ ai ~ y y~ vci ~ ui i ic. ~ ~ ua vvvu~~a ~. 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 far any amount of time. (Figure 5 and Figure 6) ~.. ..~ . ~~ ~~ ~~ ^~ ~ ~ ~~ F 'x ,s ~ ~ ~~ _ ue ~ ~~~a ~~~ ~,xz~~ r ~ _~ <. a ~ i ,~ ~ta,~t' ~"~'~ Pi gg '1 y k .,. ~~ ~ ~ ,, ~ - ~ x ' } ^ryy ,. ~. ~,_ --..,i., u. ,~ FIGURE 5 ~~~-~;. . ~~~ <,. ~_ ~ °~~ .., $~} s ' ~^=may:' . r. ~""" FIGURE S 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 ___- _. _,N; ,,.. '_ ~,~ ~ - ~ I ~ ~~ =, ~ ,~C _Y, i T T~~ rfi ~; yet l~ ~ ~ ~ ~ ~ ~ -t ~' ~ _ ~ ~ & 9 ~jjj ~rc z yT. FIGURE 8 Page 3 72 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 PvI?TARLE vlv".S. The current S,gn Code alivlvv~ for an`y' number ^f freectand~ng 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). r ~ ~-. ~ r e"F- i+-~•~'F " S 3 g ~• `? `. .. ~ ~ 8 Li. j r rt ~ _._~ «~ k~~ °~ ~ u 5~ .. ; ~yTY . d .~ . .:. R 6 aE?' W _' -~ 3~ ~ y r7;.~ L ,~' ~ - Y,~.~. . me - ~T d~j ~,~+ a~ _ s.~. FIGURE 9 M~ ~> -. 'i i`5 f ~F~' .az„- - i1~yY ~ ```"~ 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 ~rrould 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 dawn, pulled out of the ground, or blown over. (Figure i 1 and Figure 12) ~ ~ •• ~p~{cre~ y ~~. WAy Y ... ~ ~ ~! .s ~ p ~ i ~~ x-x.~s»~$- °: ~ ~ .rte ~y'~ i _ $ R'`-~ 5 ~~- ~y~. ~ ~ i y f r 1~ ~„ 1p ~ _ ri a~ rte' + s_ t ¢. „. ~v,~ ~ . ~" ~ r~s~ :. p. a~# e FIGURE 11 !- ~ ~, >„_ '~_'. FIGURE 1^2 ~ na• t 1 y~ WY ~ E Y 3~ _ III -_ _ ~ ~~ '~ ~ _ _ ' f - ?v';n 5~ ~ '~ t "' -~" t -.. ....._ - - ~.~. '.i Page 4 73 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 ~ignage, d(lth Ae,ani ~e and partiri ilarly C'.entral Ayens ie yvill Santini ~e 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 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. 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 implementatian of these goals centers ar the City's ability tc reds°,~elap 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 an the building, the colors 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. Page 5 74 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 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 it its current zoning classifcation. 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 Page 6 75 COLUMBIA HEIGHTS CITY COUNCiL LETTER Meeting o£ May 29, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S N(l: ('nmmi"nity DPS7Plnpment APPRCIVAT ITEM: 2nd Reading: Ordinance 1525, Zoning BY: Jeff Sargent, City Planner BY: Amendment to the Zoning Code as it Relates to DATE: May 23, 2007 Used Auto Sales and Rentals. BACKGROUND: On November 13, 2006, the City Council adopted Ordinance 1515, amending the City Code as it relates to used automobile sales in the GB, General Business District. Subsequent to the adoption of the new ordinance, City staff realized that certain language in the ordinance was inadvertently left in the code, making the new ordinance difficult to understand. The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as long as the used autos and the business are fully contained within a building. The purpose of the current proposed ordinance is to further clarify Ordinance 1515, making it easier to understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1525, being ample copies available to the public. Move to adopt Ordinance No. 1525, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1525. Attachments: Ur~dinance 1JlJ. 1)ratt Ur•dinance 1J1J. Y+G COUNCIL ACTION 76 ORDINANCE NO. 1525 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO USED AUTOMOBILE SALES/RENTAL The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107(C)(7) of the Columbia Heights City Code, which currently reads to wit: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Staszdards. development standards: The following uses are subject to specific (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used car lot as a stand-alone business is prohibited. c) Used cars may be sold as a stand-alone business if the business is contained within a building. d) Used cars may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. f) Outdoor vehicle display areas within the public right-of--way are prohibited. g) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. h) Outdoor vehicle display shall be within a designated area that is hard- surfaced. i) Outdoor vehicle display shall. be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j) Music or amplified sounds shall not be audible from adjacent residential properties. k) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. 77 1) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the genera]. public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Is thereby amended to read as follows: § 9.10'7 SPECIFIC DEVELOPMENT STANDARDS. (C) Specij~c Development Starzdar-ds. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used auto and truck sales or rental lot as a stand-alone business is prohibited. c) Used automobiles may be sold or rented as a stand-alone business if the used automobiles and associated business are contained within a building. d) Used automobiles may not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas within the public right-of--way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. r} An appropriate transition area between the use and adjacent property shall. be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. j) Fuei pumps for the purpose of retail sale and dispensing of fuel to the ~s general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (1.0) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 79 DRAFT ORDINANCE NO. 1525 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO USED AUTOMOBILE SALES/RENTAL The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 (C)(7) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Developmefit Stayadards. The following uses are subject to specific development standards: (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) An open-aired used c~ auto and truck sales or rental lot as a stand- alone business is prohibited. c) Used cars automobiles may be sold or rented as a stand-alone business if the used automobiles and associated business i~s are contained within a building. d) Used caps automobiles may not be sold accessory to businesses other than new car dealerships. #3e) Outdoor vehicle display areas within the public right-of--way are prohibited. g}f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of--way. b ~-3'L:ci 2iC°ci~T i}g) ~ , p~~~~i~~~t~~ The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. j-}h} Music or amplified sounds shall not be audible from adjacent residential properties. ~ e e e e .mss 80 1-}i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m}j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum often (10} feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary s~ CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0505 DATE: May 1, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Used Auto Sales and Rentals PREPARED BY: Jeff Sargent, City Planner BACKGROUND On November 13, 2006, the City Council adopted Ordinance 1515, amending the City Code as it relates to used automobile sales in the GB, General Business District. Subsequent to the adoption of the new ordinance, City staff realized that certain language in the ordinance was inadvertently left in the code, making the new ordinance difficult to understand. The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as long as the used autos and the business are fully contained within a building. The purpose of the current proposed ordinance is to further clarify Ordinance 1515, making it easier to understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion. COMPREHENSIVE PLAN The Comprehensive Plan will not be affected with the proposed amendment because the Comprehensive Plan supports all uses within the GB, General Business District. FINDINGS OF FACT The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plan. City of Columbia Heights Planning Commission May 1, 2007 Text Amendment, Used Auto Sales Case # 2007-0505 Tho nrnnnccrl amanr/ment ;c ~nncictant ;niith fhe rmm~rehenSive Plan i ~ iv Ni vN vvva.. because the Comprehensive Plan supports commercial activity throughout the City in designated areas. b} The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would clarify an existing ordinance, making it easier for the public to interpret and understand. 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 proposed amendment does not change the zoning classification of a particular property. 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 proposed amendment does not change the zoning classification of a particular property. RECOMMENDATION City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would clarify and existing ordinance, making the ordinance easier to interpret and understand. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance Page 2 83 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Garv Gorman BY: Abatement DATE: May 18, 2007 DATE: NO: 2007-71 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Salah Farghaly regarding property at 4633 Tyler Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 200 7-71, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-71, a resolution of the City Council of the City of Columbia Heights declaring the properly at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: $4 RESOLUTION 2007-71 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 Tyler Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on Mav 3.2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on April 18, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on May 3, 2007, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 18, 2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4633 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. g~ ORDER OF COUNCIL I . The property located at 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second bv: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 86 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gait/ Gorman BY: Abatement DATE: May 18, 2007 DATE: NO: 2007-72 Declaration of a nuisance and abatement of violations within. the City of Columbia Heights is requested against Christopher & Tracy regarding property at 1261.-1263 Circle Terrace Bivd. N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-72, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 1261- 1263 Circle Terrace Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: a7 RESOLUTION 2007-72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Christopher & Tracy Decker (Hereinafter '"Owner of Record°'). Whereas, the owner of record is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter $, 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 May 14, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of 'uie Ciiy of Columbia Heights iviakes rile foliowiiig: FINDINGS OF FACT 1. That on May 3rd & May 4~h, 2007 the Fire Department was called to 1261-1263 Circle Terrace Boulevard N.E. and observed had one or more of the unit's windows broken and/or unsecured. The Fire Department notified the City's chosen contractor and requested that the windows be boarded to secure it 2. That on May 14, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A, Ce~i~red the broken windowg on the iinitc/b~iilding to prPVPnt iirZaiithori?ed ac_,SeSS< 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF CCL'~dCIL 1. That the property located at 1261-1263 Circle Terrace Boulevard is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL as 1. The property located at 1261-1263 Circle Terrace Boulevard constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gaiy L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 89 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Res~luti~n For BY: Gary Gorman BY: Abatement DATE: May 18, 2007 DATE: NO: 2007-73 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kayona Johnson regarding property at 4905 5`h Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-73, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4905 5`h Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: ~o RESOLUTION 2007-73 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Kayona 3ohnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4905 5`~' Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written. notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on May 2, 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 March 15, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on May 2, 2007, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 21, 2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B), CONCLUSIONS OF COUNCIL That the property located at 4905 5`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 91 ORDER OF COUNCIL 1. The property located at 4905 5`" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 200'7 Offered by: Second bv: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 92 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 17, 2007 DATE: NO: 2007-74 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Randolph & Michelle Muth regarding rental property at 5101 7`" Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MUTTON: Move to close the public hearing and to waive the reading of Resolution No.2007-74, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-74, 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 Randolph & Michelle Muth regarding rental property at 5101 7`" Street N.E. COUNCIL ACTION: 93 RESOLUTION 2007-74 Resolution of the City Council for the City cf Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Randolph & Michelle Muth (Hereinafter '°License Holder"). Whereas, license holder is the legal owner of the real property located at 5101 7`" Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given. to the License Holder on May 2; 2007 of an public hearing to be held on May 29, 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 March 15, 2007, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 2, 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- wn: a. Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA_, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F7707 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 of posting of this Order revoking the license as held by License Holder. g~ Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ~~ CITY COUNCIL LETTER Meeting of Ma~29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 17, 2007 DATE: NO: 2007-75 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michael Fortier regarding rental property at 1308-10 Circle Terrace Boulevard 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.2007-75, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-75, 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 Michael Fortier regarding rental property at 1308-10 Circle Terrace Boulevard N.E. COUNCIL ACTION: 96 RESOLUTION 2007-75 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 Michael Fortier (Hereinafter "License Holder"}. Whereas, license holder is the Legal owner of the real property located at 1308-1310 Circle Terrace Blvd. 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 May 1, 2007 of an public hearing to be held on May 21, 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 March 26, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted twelve violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 1, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted twelve violations remained uncorrected. A statement of cause _- -- - .. was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 21, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted twelve violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 1308 -Shall replace the missing smoke detector battery in the upstairs, hallway smoke detector. b. 1308 -Shall replace the battery in the smoke detector between. the kitchen and the lower level bathroom. c. 1308 -Shall replace the missing storm windows on the living room windows. d. 1308 -Shall repair the broken shelving in the north east upstairs bedroom. the front and west side of the house. e. 1308 -Shall repair the window on the south side of the kitchen. The upper pane does not stay up. f. 1308 -Shall repair the locking mechanism on the north, basement bedroom window. g. 1308 -Shall repair both. upstairs bedroom windows. They must function properly. 97 h. 1308 -Shall repair the kitchen cabinet doors that are falling off. i. 1308 -Shall repair the broken basement door hinge. j. 1308 -Shall remove the illegal bedroom from the basement. k. 1308 -Shall take the appropriate steps to rodent/vermin proof the unit so that no more mice or other rodents can enter the structure. 1. 131.0 -Shall remove and properly cap the gas line that is coming from the gas meter on the north side of the house. The gas line is uncapped and has a shut-off valve that could easily turned on, releasing gas. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7729A is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 98 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: T~ey~raticn DATE: May 17, 2007 DATE: NO: 2007-76 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kyle Smith regarding rental property at 4544-4546 Fillmore Street 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.2007-76, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-76, 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 Kyle Smith regarding rental property at 4544-4546 Fillmore Street N.E. COUNCIL ACTION: 99 RESOLUTION 2007-76 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 Kyle Smith (Hereinafter °'License Holder"). Whereas, license holder is the legal owner of the real property located at 4544-4546 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May l; 2007 of an public hearing to be held on May 21, 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 October 9, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 16, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on December 4, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That on January 2, 2007, inspectors for the City of Columbia Heights granted a seasonal extension unit May 1, 2007. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 5. That on May 1, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 6. That on May 25, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address Iisted on the rental housing license application. 100 7. 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- wn: a. Shall repair the garage doors. 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belon~ina to the License Holder described herein and identified b_v license number F8110 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 101 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: R evn~ation DATE: May 1.7, 2007 DATE: NO: 2007-77 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Jose Lema regarding rental property at 3732 3rd Street 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.2007-77, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-77, 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 Jose Lema regarding rental property at 3732 3rd Street N.E. COUNCIL ACTION: 102 RESOLUTION 2007-77 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 Jose Lema (Hereinafter '"License Holder"). Whereas, license holder is the legal owner of the real property located at 3732 3`d Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 8, 2007 of an public hearing to be held on May 29, 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 February 5, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 8, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 21, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential. Maintenance Code were found to exist, to- wn: a. Shall scrape and paint the garage that is peeling very badly. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8207 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. 103 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary t o4~ CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 17, 2007 DATE: NO: 2007-78 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Tracy Pomeroy regarding rental property at 4323 3rd Street 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 Resolutian No.2007-78, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-78, 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 Tracy Pomeroy regarding rental property at 4323 3rd Street N.E. COUNCIL ACTION: X05 RESOLUTION 2007-78 Resolutian 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 Tracy Pomeroy (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4323 3rd Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein. was given to the License Holder on May 2, 2007 of an public hearing to be held on May 29, 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 March 15, 2007, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 2, 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- wn: a. Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F7687 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 106 Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 167 CITY COUNCIL LETTER Meeting of May 29, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 17, 2007 DATE: NO: 2007-79 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Sharon Smith-Akinsanya regarding rental property at 4634-36 Polk Street 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.2007-79, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-79, 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 Sharon Smith- Akinsanya regarding rental property at 4634-36 Polk Street N.E. COUNCIL ACTION: 108 RESOLUTION 2007-79 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 Sharon Smith-Akinsanya (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4634-4636 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on Ma_y 3, 2007 of an public hearing to be held on May 29, 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 March 26, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted fifteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 3, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted fourteen violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May l8, 2007, inspectors for the City of Columbia Heights, performed. a final inspection at the property and noted fourteen violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 4636 -Shall repair the mold in the bathroom wall an on the ceilings. b. 4636 -Shall repair the rotten trim around the bathroom window. c. 4636 -Shall repair the mold problem around the bathroom tub surround, re- caulk around the bathtub surround. d. 4636 -Shall repair the door closer on the rear door. e. 4636 -Shall repair the ceiling in the kitchen that is peeling. f. Shall make the 4634 side available for inspection. g. Shall sad or seed or install approved landscaping material in the rear yard. h. Shall repair the fence in the rear, boards are missing and broken. i. Shall repair the garage door that has holes init.. Shall paint, stain, or seal the bare woad on the door. j. Shall remove the dead tree (tree stump) in the tiont yard... Shall remove the dead birch tree in the front yard. cos k. Shall remove the scrub growth on the rear slope by the alley. 1. Shall install grass seed, sod, or approved landscaping material where the large dirt pile is sitting in the front yard. (Remove dirt pile). m. Shall install a retaining wall system on the slope/hill in the rear by the alley. n. Shall remove all/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8258 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 110 CITY COUNCIL LETTER Meeting of: 5/29/07 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen BY: AWARDING CONTRACT FOR ZONE 2 & 3 STREET DATE: 5/23/07 DATE: REHABILITATION PROJECT Background: On March 19, 2007 the City Council ordered the street and utility improvements in Zone 2 and 3. Plans and specifications were prepared and advertised for bids in the Focus on April 26, 2007 and in the Construction Bulletin on April 30, May 7 and May 14, 2007. Twenty-six contractors or suppliers requested copies of the bidding documents. Six bids were received and publicly read aloud at the ^4ay 23, X007 bid opening. A detailed copy of the complete bid ±abula±ier_ is a~,ailable frnrrl the City Engineer. Analysis/Conclusions: Midwest Asphalt Corporation submitted the low base bid, in the amount of $1,362,285.35. As indicated on the minutes of the bid opening, $34,369.19 separated the next bidder from the low bidder on the base bid. Alternate bids were received for: 1) Residential construction on private property for concrete and bituminous construction; 2) Sanitary sewer extension on Cleveland Street to 42°d Avenue and 3) Emergency sanitary sewer repairs on Central Avenue at 44`h Avenue. The overall project was consistent with the Engineer's Estimate presented at the Improvement Hearing. Staff is recommending accepting Alternates 1, 2 and 3. Alternate 1 provides unit pricing for private residential driveway or sidewalk construction as has been done in previous street zone projects. Alternate 2 provides for the extension of sanitary sewer on Cleveland Street to 42°d Avenue. Alternate 3 provides for the emergency sanitary sewer repairs on Central Avenue at 44`h Avenue. Based upon the low bid from Midwest Asphalt, staff is recommending contract award of the base bid with Alternates 1, 2 and 3 with the following funding sources: Rage Bld Alt 7 Alt ~ Alt, 3 Street Construction Funds Infrastructure $287,900 Capital Improvement Projects $708,300 $4,750 $17,220 (Assessments) Utility Construction Funds Water Construction $176,700 Storm Sewer Construction $ 78,200 Sanitary Sewer Construction $ 95,300 $31,140 City State Aid Maintenance $ 15,900 Recommended Motion: Move to waive the reading of Resolution No. 2007-80, there being ample copies available to the public. COUNCIL ACTION: 111 CITY COUNCIL LETTER Meeting of: 5/29/07 AGENDA SECTION: BID CONSIDERATION NO: ITEM: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR ZONE 2 & 3 STREET REHABILITATION PROJECT ORIGINATING DEPARTMENT: I CITY MANAGER FIJBLLC WORDS BY: K. Hansen BY: DATE: 5/23/07 DATE: Recommended Motion: Move to approve and adopt Resolution No. 2007-80 accepting bids and awarding the 2007 Street Rehabilitation Projects in Zone 2 and 3, including Alternate 1 for unit priced residential driveway construction; Alternate 2 for sanitary sewer extension, Project No. 07u"2; and Aiternate 3 for sanitary sewer repairs, Project No. 0707 to ivlidwest Asph alt Corporation of Hopkins, Minnesota in the amount of $1,410,638.25, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Bid Opening Minutes Resolution COUNCIL, ACTION: 112 RESOLUTION NO. 2007-80 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 2 and 3 STREET REHABILITATION IMPROVEMENTS, CITY PROJECT NO. 0702 AND 0707 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0702 and 0707, Street Rehabilitation Improvements, six bids were re ceived, opened and tabulated accord ing to law. The following bids were received complying with the advertisement: Base Bid w/ Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 2 & 3 Midwest Asphalt Corp. $1,362,285.35 $4,748.00 $17,217.10 $31,135.80 $1,410,638.25 Arnt Construction Co., Inc. $1,396,654.54 $4,654.00 $27,237.20 $28,732.00 $1,452,623.74 Forest Lake Contracting, Inc. $1,413,973.87 $5,595.00 $16,942.00 $34,641.20 $1,465,557.07 Three Rivers Construction $1,496,146.00 $7,810.00 $33,915.00 $37,304.00 $1,567,365.00 Hardrives, Inc. $1,532,007.33 $4,360.50 $18,402.75 $32,714.70 $1.,583,124.78 T A Schifsky & Sons, Inc. $1,701,501.17 $5,689.30 $19,255.04 $35,749.65 $1,756,505.86 WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 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 iviidwesi Asphaii Corporation, in the name of the City of C.oiumbia Heights, for the 2vv 7 Zone 2 and 3 Street Rehabilitation Improvements, City Project No. 0702 and 0707 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. 3. City Project 0702 and 0707 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. Passed this 29'h day of May 2007 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC Deputy City Clerk/Council Secretary 113 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Wednesday, May 23, 2007, 2:00 p.m. 2007 Street Rehabilitation, Zone 2 and 3 City Project 0702 Pursuant to an advertisement for bids for 2007 Street Rehabilitation, Zone 2 and 3, City Project 0702, an administrative meeting was held on May 23, 2007 at 2:00 p.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Chris Brown, Forest Lake Contracting Keith Sticha, Midwest Asphalt Corporation Jim Thompson, Hardrives, Inc. Don Johnson, Arnt Construction Co. Kevin Hansen, City Engineer Jim Molinaro, Engineering Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: See attached Respectfully submitted, Joanne Baker Public Works Secretary jb 114 Bid Opening -1VIay 23, 2007 City Proiect No. 0702 and 0707 Base Bid w/ Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 2 & 3 Midwest Asphalt Corp. $1,362,285.35 $4,748.00 $17,217.10 $31,135.80 $1.,410,638.25 Arnt Construction Co., Inc. $1,396,654.54 $4,654.00 $27,237.20 $28,732.00 $1,452,623.74 Forest Lake Contracting, Inc. $1,413,973.87 $5,595.00 $16,942.00 $34,641.20 $1,465,557.07 Three Rivers Construction $1,496,146.00 $7,810.00 $33,915.00 $37,304.00 $1,567,365.00 Hardrives, Inc. $1,532,007.33 $4,360.50 $18,402.75 $32,714.70 $1,583,124.78 T A Schifskv 8r Sons, Inc. $1,701,501.17 $5,689.30 $19,255.04 $35,749.65 $1,756,505.86 115