Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
August 27, 2007 Regular
CITY OF COLUMBIA HEIGHTS Mavor Garv L. Peterson 590 40`~ Avenue NE, Columbia Heights, MN 55421-3878 (763}706-3600 TDD (763} 706-3692 Cotrncilmernbers Yisit eter !un[}citn at_ ., _".,t~„attzirr_f,A%",{:ty ,1x,7_, Rnbert A Wt"Illnn'~s Bruce Nawrochz Tammera Dielun Bruce Kelrenberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, August 27, 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 impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Dan Thompson, Columbia Heights Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation. deadline.) 4. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS -none 5. CONSENT AGENDA (TiieSc itcTY'iS arc et?~iiSidercd to be rv^iitiire b;y the City (:oiiii%ii and viii be enacted as part of trie Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Annrove rneetinu minutes for the Columbia Hei1?hts Citv Council meeting of August 13, 2007. P4 MOTION: Move to approve meeting minutes for the regular City Council meeting of August 13, 2007 as presented. B. Accept Board and Commission meetnns; minutes. 1. MOTION: Move to accept the minutes of the June 5, 2007 Library Board meeting. P23 2. MOTION: Move to accept the minutes of the July 25 2007 Park & Recreation Commission Pzs meeting. C. Adopt Resolution No. 2007-I47 being a Resolution to accept certain gifts received by the City Pay of Columbia I4eights. MOTION: Move to waive the reading of Resohtion 2007-147, there being ample copies available to the public. City Council Agenda Monday, August 27, 2007 Page 2 of 5 MOTION: Move to adopt Resolution 2007-147, being a resolution to accept certain gifts received by the City of Columbia Heights. D. Approve Transfer of Funds from General Fund to Police Department Buduet to Reimburse P32 Overtime Fund MOTION: Move to approve transfer of $1,830 received from Anoka County for partial reimbursement of costs associated with detox transports from the General Fund to the Police Department 2007 Budget under Line #1020, Police Overtime. E. Approve transfer of funds from General Fund to Police Department Budget to reimburse P43 Overtime Fund MOTION: Move to transfer $1,064.39 received from Unique Thrift Stores, $2,747.25 received from the Columbia Heights School District, $870 received from North Valley, Inc., $2l 2 received from Candlin and Associates, for a total of $4,893.64 from the General Fund to the Police Department 2007 Budget under line #1020, Police Overtime. F. Approve Transfer of Funds from General Fund to Police Department 2007 Buduet Overtime Psi Line # 1020 MOTION: Move to approve the transfer of $1,577.61, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department 2007 Budget Line #1020, Overtime. G. Acceptance of Master Plan(sl and authorization to proceed with construction plans for Sullivan P6o Lake Park and Silver Lake Beach. MOTION: Move to accept the Park Master Plan(s) prepared by Brauer and Associates and order the preparation. of construction plans and specifications for Sullivan Lake Park and Silver Lake Beach. H. Approve the Professional Services Agreement with_Brauer & Associates_forpreparation of plans P6s and specifications for Sullivan Lake Park. MOTION: Move to approve the Professional Services Agreement with Brauer and Associates for Architectural consultant services for the design and construction phase of Park Improvements for Sullivan Lake Park in an amount not-to-exceed $20,000. L Adopt Resolution No. 2007-155, being a Resolution authorizing the execution and delivery of a P66 Lease-Purchase Agreement and Related Documents MOTION: Move to waive the reading of Resolution 2007-155, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-155, being a resolution authorizing the execution and delivery of aLease-Purchase Agreement and related documents. J. Authorize agreements for Liquor Store Project Change Orders Plao MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Oertel Ar°chitects for a change order to their contract in the amount of $27,000 and to enter into an agreement with Copeland Building Corporation for change orders totaling $53,346.02, and to authorize waiving building permit fees for the construction of the two liquot• stores. I~. Approval of the Submission of Sign Design for Top Valu Liquor to the Planning & Zoning Plas COmm1sSlOn City Council Agenda Monday, August 27, 2007 Page 3 of 5 MOTION: Move to direct staff to present the plan for the proposed sign to the Planning & Zoning Commission with a request for a text change to the sign ordinance that would allow signs to be two feet higher. L. Approve Elected Official Out of State Travel P129 MOTION: Move to approve attendance of Mayor Peterson, Councilmember Williams, and Councilmember Kelzenberg at the 2007 League of Minnesota Cities Congress of Cities & Exposition in New Orleans, Louisiana, November 13 to 18, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of--state travel by city employees. M. Approve the items listed for rental housing license applications for August 27 2007 P13 0 MOTION: Move to approve the items listed for rental housing license applications for August 27, 2007. N. Approve payment of the bills P132 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122587 through Check Number 122736 in the amount of $1,628,254.58. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Adopt Ordinance No. 1529, beinu an Ordinance for the Rezoning of Property at P141 the 4800 Block of Central Avenue. MOTION: Move to waive the reading of Ordinance No. 1529, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1529, being an Ordinance rezoning the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from "Mixed Use Development District" to "General Business". B. Bid Considerations -none C. Other Business 1. Adopt Resolution No. 2007-.1.51, being a Resolution awarding the sale of $1,000,000 in P149 General Obligation Improvement Bonds, Series 2007A. MOTION: Move to waive the reading of Resolution 2007-151, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-151 being a resolution awarding the sale of $1,000,000 in General Obligation Improvement Bonds, Series 2007A. 2. Distribution of the 2008 Cit~Mana~et-'s Proposed Budget and Tax Levy_ 3. Public Safety Facility update 3 City Council Agenda Monday, August 27, 2007 Page 4 of 5 7. PUBLIC HEARINGS A. Adapt Resolution No. 2007-148 being a resolution far rental housing license revocation at 1231- Pi69 1233 40th Avenue N.E MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 148, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-148, 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 Sean Hokland regarding rental property at 1231- 1233 40th Avenue N.E. B. Adopt Resolution No. 2007-149 being a Resolution for abatement of violations at 5057 P172 University Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 149, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-149, a resolution of the City Council of the City of Columbia Heights declaring the property at 5057 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C. Adopt Resolution. No. 2007-150 being a Resolution for abatement of violations at 4236 Polk Pi75 Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 150, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-150, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Polk 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. 2007-152 being a Resolution for abatement of violations at 660-662 47- Pisa 1/2 Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 152, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-152, a resolution of the City Council of the City of Columbia Heights declaring the property at 660-662 47 %2 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E. Adopt Resolution No. 2007-153 being a Resolution for abatement of violations at 4544-4546 Plsl Fillmore Sheet N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 153, there being ample copies available to the public. MOTION: Move to adopt Resolution Na. 2007-153, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544-4546 Fillmore 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. 2007-154 being a Resolution for abatement of violations at 4516 5th Pise Street N.E. 4 City Council Agenda Monday, August 27, 2007 Page 5 of 5 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 154, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-154, a resolution of the City Council of the City of Columbia Heights declaring the property at 4516 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 4. 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 Vt/alter R. Fehst, City Manager WF/pvrn OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 13, 2007 The following are the minutes of the regular meeting of the City Council held at /:00 p.m. on Monday, August 13, 2007 in the City Council Chambers, City Ha11, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INYOCATION Walt Fehst, City Manager, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. PLEDGE OF ALLEGIANCE -Recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Item F -Resolution No. 2007-138 and Item L -Resolution No. 2007- 144, as these properties have been brought into compliance. Peterson added under New Business - CI Approval of Buetow and Associates, Inc. far Public Safety Building Pre-design Services. Nawrocki requested discussion on the Activity Center. Peterson placed this under C2. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS Peterson recognized that there were 40 National Night Out parties in our community, comprised of large, diverse groups. Resident Jeff Morrelle, U.S. Army, and several associates brought an Army truck and Hummer to show the children. Peterson thanked them for attending the parties and for serving our country. CONSENT AGENDA Fehst took Councilmembers through the Consent Agenda items. A. Approve meeting minutes for Columbia Heights City Council meetin og_ f July 23, 2007, and the special City Council meetinRof July 30, 2007, as presented Motion to approve meeting minutes for regular City Council meeting of July 23, 2007 as presented. Motion to approve meeting minutes for special City Council meeting of July 30, 2007 as presented. B. Accept Board and Commission meeting minutes Motion to accept the minutes of the following boards/commissions: 1) Minutes of the July 19, 2007, Charter Commission meeting 2) Minutes of the May 14, 2007 Economic Development Authority 3) Minutes of the March 27, 2007 Economic Development Authority 4) Minutes from the Planning & Zoning Commission Meeting of August 8, 2007. C. Acknowledge closed Executive Session of Monda~v 30, 2007, at approximately 6:00 p.m. for the puPpose of conducting a perfoz-tnance review of the City Mana~e~° 6 City Counci] Minutes Monday, August 13, 2007 Page 2 of 17 D. Approve transfer of funds from General Fund to Police Department-Drub Task Force Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement far overtime worked by our member in the Anoka/Hennenin Drua Task Force, for the second quarter of 2007 from the General Fund to the Police Department 2007 Budget line #1020 Overtime. E. Approve transfer of funds from General Fund to Police Department--Operation Nite Cap Motion to transfer $4,083.19, the amount of money received from the State of Minnesota for our efforts in the Operation Nite Cap program for May and June 2007 from the General Fund to the Police Department budget line #1020 Overtime. F. Annroval of the reissue of rental housing license to Michelle Parson to operate rental property located at 4226 4th Street N.E. Motion to issue arental-housing license to Michelle Parson to operate the rental property located at 4226 4th Street N.E. in that the provisions of the residential maintenance code have been complied with. G. Adopt Resolution 2007-146, being a Resolution re ag rding the Cit~ger's compensation - removed H. Approval of the attached list of rental housing license applications Motion to approve the items listed for rental housing license applications for August 13, 2007. I. Approve Business License Applications Motion to approve the items on the business license agenda for August 13, 2007, as presented. J. Approve payment of bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122350 through Check Number 122586 in the amount of $3,911,384.82. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of iterri G. Upoti vole: Aii ayes. Motion cai`i'icu. G. Adopt Resolution 2007-146, being a Resolution re ag_rding; the City Manager's compensation- Nawrocki stated that the City Manager, like all other employees, received an increase for 2006 and 2007, and this proposes to give him another 10 percent. His salary, plus defen•ed compensation, is $110,531.00. A ten percent increase would be over $10,000. This is not fair to other employees. Nawrocki read City Manager salaries of like size metro communities and cities with populations of 20,000 to 25,000 that he obtained from the League of Minnesota Cities survey. At his present salary, the Manager is above those in cities our size. There is no justification for change. The Council letter incorrectly stated this was a consensus at the work session. It was a performance review and salary was not part of the discussion. Nawrocki stated that Williams indicated an adjustment would be in order, but other council members did not camment. Williams stated that he called for this review, as it had been two years since the last review. He indicated that Fehst is doing an excellent job. He also has no retirement other than the deferred compensation we give him. Fehst stated that he is below the Public Works Director in raw salary by over $100. Williams stated that Fehst is an honorable man and deserves this. Fehst tharllced the City Council Minutes Monday, August 13, 2007 Page 3 of 17 Council members for the review, and indicated he has never asked for an increase above cost of living and twice council's have given him a raise. Fehst stated that the survey he conducted indicates he is substantially below similar cities. Williams stated that he is impressed with lob the Manager has done. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2007-146, being a resolution regarding the City Manager's compensation. Nawrocki stated that prior retirement compensation was the manager's choice. The city agreed to pay for ICMA or PERA. This compensation does not reflect the substantial car allowance he receives. Nawrocki emphasized that this is not fair to other employees. Fehst stated that other employees are in a step plan, which he does not have. Nawrocki stated that the Manager started at the top of the manager's salary range of $72,000 and after six months was given about a $3,000 increase. Williams called the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - nay. Motion carried. RESOLUTION N0.2007-146 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, on July 30, 2007, the City Council conducted a performance evaluation of City Manager, Walter Fehst, and WHEREAS, as a result, a 10% compensation adjustment is recommended. NOW, THEREFORE, BE IT RESOLVED, that the City Council. of the City of Columbia Heights does hereby make the following modification to the City Manager's annual compensation, effective January 1, 2007: Salary increase from $102,531 to $112,784 Increased Deferred Compensation by 10%: $800 additional Miscellaneous Presentation Paul Ike, Col'ambia fleights Post Office employee, spoke of the charity softball game tomo~TOw evening against the Columbia Heights Police and Fire Departments and then a combined team of those departments against the Tri-City Legion U18 fast pitch softball. team. This is the fifth year for the event, with food and cash donations going to our local SAGA food shelf. The series is tied, two games to two. Last year $400 and a lot of food was donated to SACA. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution 2007-1.34, Approving the 2008 Business License Fees Peterson stated this is a renewal for 2008. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2007-134, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. otion by Nawrocki, second. by Williams, to adopt Resolution #2007-134 being a Resolution adopting the 2008 Business License Fee Schedule as presented. Upon vote: All ayes. Motion carried. RESOLUTION rio. zao7-I34 ADOPTING 2ti~8 BUSINESS LICENSE FEE SCHEI3ULE 8 City Council Minutes Monday, August 13, 2007 Page 4 of 17 WHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishment of annual license fees; and WHEREAS: The City has participated in a survey of met ropolitan municipalities regarding business license fees charged by other GUIIInIUIIIt1eS; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business licen se fee schedule and has concluded that our fees are comparable to other communities in the metro area; WHEREAS: The following fees were proposed: 2008 BUSINESS LICENSE FEES Effective January 1, 2008 through December 31, 2008. CATEGORY FEES ARTICLE SECTION Arcades/Amusement Centers ($5,000 Bond/$100 1nv.Fee) (PD) $500 [V 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) V 1 On Sale ($150 Inv. Fee Ist time appl.) $400 Off Sale ($150 Inv. Fee 1st time appl. $ ] 50 Temporary Beer (per day basis} $100 ($500 Appl. Fee; $150 Investigation Fee} Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Christmas Tree Sales (FI) (P&Z Comm) $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 PlasterlStucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each III 3 Games Of Skill (PD) $15/Location IV 4 Kennels, Commercial (PD) Plus, per cage intaxieating Liquor Sales (PD, FI, BI} Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (inv. Fec $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000} On Sale Wine (Inv. Fee $500-$2000) Sunday On-Sale Liquor Temporary On Sale (Inv. Fee $~00-$2000) "Club On Sale Liquor (lnv. Fee$500-$2000} up to 200 members 201. to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA} ($256 Investigation Fee} Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee} Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'1. Metering Device Plus $15/machine $50 $10 $s,oao $6,500 $6,500 $8,000 $5,500 $2,000 $200 $100/day Per membership $ 300 $ 500 $ 650 $ 800 $ I ,000 $2,000 $3,000 $500 $100 $50 $10 VI V V V V V V V V 3 3 3 3 4 6 10 2 VI I2 VI 12 II 9 City Council Minutes Monday, August 13, 2007 Page 5 of 17 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA} VI A. New Application $75 R Renewal Annlicatinn h5O Motor Vehicle Sales (New & Used) (PD) $300 II Pawnbroker ($5,000 Band/$100 Inv.Fee} (PD} $12,000 II Pet Shop (PD)(Humane Oft7cer} $50 VI Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV Popcorn, Candy, Food Catering Vehicles (PD) $50 VI (Insurance -Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) II ($100 Investigation Fee) New Applicant $300 Renewal $200 Secondhand Merchant Business ($5,000 Bond) $100 II (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($5,000 Bond) II First Day $50 Each Additional Day $10 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 VI (Investigation Fee $500-$10,000) Peddlers/Solicitors & Transient Merchant (PD) II A. Itinerant Hawker/Peddler $50/day; $100/mo.; $500/yr. B. Transient Merchant $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $60 VI LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1 - 15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 16-30 DAYS LATE 50°io PENALTY OVER ORIGINAL FEE OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE 13 10 PD - Police Department FI - Fire Department BI - Building Inspector PWD - Public Works Dept S&H - Safety and Health Inspector CF - City Forester ZA - Zoning Administrator AC - Anoka County All New Licenses Must Have Zonine Administrator's Approval. NOW, THEREFORE BE IT RESOLVED that the proposed license fee schedule be adopted and effective January 1, 2008. Other Business Approval of Buetow and Associates Fehst stated the P.FP for Public Safety Building pre-design sel :~icos :were sent to eight f rms, with seven responses received. The lowest proposal, Buetow and Associates, had the best background for this type of work. Fehst listed their qualifications and other public safety buildings they have designed. The process is to be complete by November 1, 2007. Based on our proposal for 47th and Central Avenues, the fee would be $9,950. Flyers were handed out at National Night Out parties and the need for a public safety facility was presented to residents, indicating this might add $100 to $200 on their annual tax. Residents did not raise any issues with this. Only one person. indicated that is prime commercial. property and should be considered for that. Fehst stated this facility could enhance commercial property sales. Motion by Diehm, second by Kelzenberg, to approve Buetow and Associates, Inc. to provide the City of Columbia Heights Public Safety Building Pre-design Services. Nawrocki refelTed to comments from the last meeting regarding not hiring low bidders. He questioned if the RFP was advertised. Fehst stated that notice was sent to eight fens with specific experience. Nawrocki stated that he was left out of the interview process, where he has vast experience in knowing what to look for in a consultant. Nawrocki requested a copy of the cantract. He indicated l1e has received resident concerns that this will disrupt plans for an 10 City Council Minutes Monday, August 13, 2007 Page 6 of 17 activity center. He is not supportive of a combined facility; the existing police space should be used for the fire department. The activity center should be looked at as part of a police facility. Nawrocki indicated that a brochure being distributed has the incareect contact number for him. He stated concern that his calls were being screened. National Night Out residents questioned this action. Williams indicated his apprehension of this getting ahead of the activity center and questioned if that committee is aware of the proposal. Fehst stated that he spoke to about half of the members and they were supportive of this concept. They may be disappointed if priorities change. Considerations include additional gyms at NEI, with the public service center, or at the high school. Kelzenberg stated that an ACCAC member requested their committee meet with the public safety service center sub-committee. Kelzenberg suggested this be scheduled. Williams stated that the scope of the activity center is large and we would need a unified community to support it. Peterson indicated that we are trying to catch up with things the community is lacking. It was indicated to the companies interviewed that we may consider additions such as gyms, running track, etc. All options are open. Peterson stated that he would like to see both projects accomplished, and would be happy to meet with the activity center group. Peterson stated that he has spoken to the new Superintendent of Schools and will continue to work with her. Williams stated that ACCAC had eliminated the site on 47`". He stated that we need everyone to be united and indicated concern that this would split the groups. Fehst stated that looking at this does not limit our options. Nawrocki questioned a bill from a second facility tour. Peterson indicated that the bill referred to was from the first tour. Nawrocki stated that we should heed the public input lesson learned by the City of New Brighton. Fehst refereed to the activity center committee and stated that they considered this a prime site, but felt it would be too expensive and take too Long to obtain the property. Fehst invited residents to tour our buildings and view the space needs. Nawrocki suggested expanding City Hall as an alternative. Deb Johnson, 4626 Pierce Street, stated she is thrilled about the safety center proposal. As for public input, this has been discussed for about three months with updates given at council meetings. If people have an opinion, they have had the opportunity to attend these meetings and express it. As for an activity center not considering this site, it was a matter of not being able to use eminent domain to obtain the property. Tim Utz, 556 40`h Avenue, stated that he emailed his position to Council members. Not everyone is excited about this location. We agree these facilities need to be updated. To split city services to squelch crime and problems will not work, it will just move to another area. This money could be better spent on the existing property. Having it here would help Murzyn Hall attract more customers. He stated concern that we will spend this much onpre-design and only consider one location. He favored spending a few more thousand dollars and researching other locations. 11 City Council Minutes Monday, August 13, 2007 Page 7 of 17 Nawrocki indicated consideration must be given to where the funds would come from. Community Development staff have estimated $15,000,000 for a facility in that area. Fehst stated it could be expensive, but we must determine the area needs. Nawrocki pointed out the activity center estimated costs of $8 to $20 million. We would need to discuss how to finance these items. Upon vote: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye Ayes - 2 Nays. Motion carried. Nawrocki questioned if there was a cap on the proposal. Fehst stated he could get him that information. Diehm indicated that the subcommittee has been looking at financing. TIF Districts that are coming to an end could have funds earmarked to help with the costs. Fehst stated that the Medtronic district is closed out. Diehm. stated that funding could be determined tluough the process. Peterson asked the City Manager to set a meeting with ACCAC and the subcommittee co- chairs. Nawrocki referred to his review of the activity center questionnaire. Of the 75 respondents, comments were split regarding funding. On general comments, there were 28 no, 25 yes and 15 with more questions. He felt people have a lot of indecision on what we should be doing. PUBLIC HEARINGS A. Adopt Resolution 2007-133 and First Reading of Ordinance 1529. regarding Approval of a Comprehensive Plan Amendment/Rezoning of Property at 4800 Block of Central Avenue City Planner Jeff Sargent, indicated staff recommends a Comprehensive Plan Amendment and rezoning of the property at the 4800 block of Central Avenue. The area was rezoned to allow anticipated hotel development. Such a proposal is no longer anticipated. The Planning and Zoning Commission recommends a return to the ot•igrna12003 zoning to keep the existing bustnesses rile Barrie as other CL~iiiiiT'ierClaliy zoned property on Ceritrai Aver'i~te. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-133, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-133, approving a Comprehensive Plan Amendment to re-guide a specific area of land from "Transit Oriented Development" to "Commercial", for those properties located at 4849 Central Avenue, 4811. Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue. Upon vote: All ayes. Motion carried. Motion by Dielun, second by Kelzenberg, to waive the reading of Ordinance No. 1529, there being ample copies available to the public. Upon vote: All. ayes. Motion carried. Mahon by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1529 for the rezoning of the praperties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central. Avenue, 4757 Central Avenue and 4755 Central Avenue from. "Mixed Use Development District" to "General Business", for Monday, August 27, 2007 at approximately 12 City Council Minutes Monday, August 13, 2007 Page 8 of 17 7:00 p.m. in the City Council Chambers. Nawrocki asked if property owners were notified. Sargent stated they were properly notified in the newspaper. Fehst stated. they were also notified by mail. Upon vote: All ayes. Motion carried. RESOLUTION 2007-133 A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Colwnbia. Heights has indicated the former K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use designation of the subject property in the Comprehensive Plan allows the flexibility and mixture of neighborhood service-oriented development and varying densities of residential development not required on the subject parcels; and WHEREAS, the current development is consistent with the description of the Commercial District; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestmendredevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Transit Oriented Development to Commercial. B. Second Reading of Ordinance #1528, being and Ordinance adopting the MN State Building Code Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance #1528, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance #1528, being an Ordinance amending Ordinance #1456, City Code of 2005, relating to adopting the MN State Building Code. Upon vote: All. ayes. Motion carried. ORDINANCE NO. 1528 BEING AN ORDINANCE AMENDING ORDINANCE #t456, CITY CODE OF 2005, RELATING TO ADOPTING THE MN STATE BUILDING CODE The City of Columbia Heights does ordain: Article II: Construction Codes, Section 6.201 of the Columbia Heights City Code, is hereby amended to read as follows: (A) Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 16B.59 to l (i B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor & Industry, through the Building Codes and Standards Unit is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. (B) Ant~lication, .Administration, and Enforcement. (I } The application, adr~ninistration, and enforcement of the code shall be in accordance with Minnesata State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, ] 6B.62, subdivision 1, as it may be amended from time to time, when so established by this ordinance. (2} The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. (3} This code shall be enforced by the Minnesota Certified Building Offrcial designated by the City of Columbia Heights to administer Che code (Minnesota Statute, 16B.b5, Subdivision I, as it may be amended from time to time}. (C) Permits and Fees. (1) The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, I6B.62, subdivision 7 , as it may be amended from time to time. 13 City Council Minutes Monday, August 13, 2007 Page 9 of 17 (2) Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City by Ordinance. In addition, a surcharge fee shall be collected on al] permits issued far work governed by this code in accordance with Minnesota Statute 16B.70, as it may be amended from time to time. (D) Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69, as it may be amended from time to time). (E) Building Code Optional Chapters. (1) The Minnesota State Building Code, established pursuant to Minnesota Statutes I6B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (2) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. (a) Chapter 1306 (b) Appendix J (F) Effective date of Ordinance. This Ordinance shall be in full force and effect September 12, 2007, after its passage. C. Adopt Resolution No. 2007-135 bein;; a Resolution for abatement of violations at 4929 5th Street N.E. Fire Chief Ga1y Gorman stated this is a vacant property with four outstanding violations. Mayor Peterson asked. if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-135, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution No. 2007-135, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-135 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 Reina Bojorquez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4929 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 praposed com7cil action cantained herein was sent via certified mail to the owner of recard on July i 4, 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 May 29, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 19, 2007 inspectors reinspected the property listed above. Inspectors noted that four 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 August 3, 2007 inspectors reinspected the: property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all areas of scrub growth -along the north side of the property, along the fence; Shall cut dawn/remove the tall grass along the alley; Shall repair or remove the fence on the northeast side of the property that has bare, rotted wood; 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?O6(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4929 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 t~11i reicvant 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 hr~rve been exercised and completed. ORDER OF COUNCIL 14 City Council Minutes Monday, August 13, 2007 Page 10 of 17 1. The property located at 4929 5~' SCreet 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. Tl ~rlnnt Racnlntinn ?~Tn 7(1(1'7_I ~F. haincr a Racnlntinn fnr ahatamPnt nfvinlatinne at dh~S_dti2'~ L . .,t,, Tyler Street N.E. Gorman stated these are the boarded up town homes on Tyler. We had the first floor boarded up, but there were break-ins on the second floor so we had them boarded up on an emergency abatement. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-136, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-136, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. and at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-136 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625-4633 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 regular mail to the owner of record on July 25, 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 L That on July 3, 2007 the Fire Chief was notified that the buildings located at 4625 and 4633 Tyler Street had been broken into and was unsecured. Due to the City of Columbia Heights having no contact information for a responsible person for the property to order the openings into the building be secured, the Fire Chief ordered the invnediate abatement of the open windows on the buildings. That on July 3, 2007 the Fire Department hired a contractor to board up all;any open and broken windows on the structures. 2. That on July 30, 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: Secured the units on building to prevent unauthorized access. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4625 and 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. ORDER OF COUNCIL i . The property iacated at 4625 ar~~d 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. E. Adopt Resolution No. 2007-137 bein~a Resolution for abatement of violations at 1348-1350 44-1/2 Avenue N.E. Gorman stated this property is occupied. The tree stumps were not removed by today, as promised. 15 City Council Minutes Monday, August 13, 2007 Page 11 of 17 Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-137, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-137, a resolution of the City Council of the City of Columbia Heights declaring the property at 1 348-1 3 50 44 %2 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-137 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 Francisco Lopez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at ]348-1350 44 % Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, 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 July 16, 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 June 12, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected 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 August 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 wrt: Shall remove the dead tree(s) (tree stumps) from the east side of 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?O6(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1348-1350 44 '/ Avenue N.E. i 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 applu.able rights and periods of appeal as relating to the o::me. of record, .cupant, r terart, as ±he case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 1348-135044 '/ 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. F. Adopt Resolution No. 2007-138 being a Resolution for abatement of violations at 1016 44th Avenue N.E. -Removed G. Adopt Resolution No. 2007-139 being a Resolution for abatement of violations at_3709 Main Stleet N.E. Gorman stated this property has one violation remaining. The Assistant Chief talked to the owner and was promised the door would be repaired by today, but it was not. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading ofResolutionNo. 2007-139, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 16 City Council Minutes Monday, August 13, 2007 Page 12 of 17 Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-139, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-139 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 Lynus Grady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3709 Main 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 certitied mail to the owner of record on July 19, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 13, 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 July 19, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certitied and regular mail to the owner listed in the property records. 3. That on August 3, 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: Shall repair or replace the rotting service door on the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3709 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 3709 Main Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. H. Adopt Resolution No. 2007-140 being a Resolution for abatement of violations at 3906 Tyler Street N.E. Gorman stated this property has two violations: property numbers and landscape parking. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-140, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-140, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOI.uTI®N 2ao7-Igo 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 It, of City Code, of the property owned by Ben Kuchta (Hereinafter "Owner of Record"}. 17 City Council Minutes Monday, August 13, 2007 Page 13 of 17 Whereas, the owner of record is the Legal owner of the real property located at 3906 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Cade, 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 an July l 1. 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: F[NDINGS OF FACT 1. That on June 5, 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 July 11, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and st<ztement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 1, 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: Sha11 install address numbers in the following location(s) - IN THE REAR and shall remove aftiany vehicles from landscaped areas of the property. 5. That all parties, including the owner of record and any accupants 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 3906 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3906 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this ardor shall be served upon all relevant parties and parties in interest. I. Adopt Resolution No. 2007-141 being a Resolution for abatement of violations at 572 38th Avenue N.E. Gorman stated this abatement is for no display of address numbers. We spoke to a real estate company regarding this. The mortgage company has not approved any work on the property. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Diehin, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-141, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution No. 2007-141, a resolution of the City Council of the City of Columbia Heights declaring the property at 572 38th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-141 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 Kurt Kunze (Hereinafter "Owner of Record"). whereas, the owner of record is the legal awner of the real property locatc;d at 572 38~' Avenue N.E., Calumbia 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 an July 17, 2007 Now, therefore, in accordance with the foregoing, and ail ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: F[NDINGS OF FACT L That on June 12, 2007 an inspection was conducted on the praperty listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 18 City Council Minutes Monday, August 13, 2007 Page 14 of 17 2. That on July 11, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via oertified and regular mail to the owner listed in the; property records. 3. That on August 1, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, t11e following conditions and violations of City Codes(s} were found to exist, to wit: Shall install address numbers in the following location{s) - IN THE REAR 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 572 38`h 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 572 38"' 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. J. Adopt Resolution No. 2007-142 being a Resolution for abatement of violations at 4066 Rese>voir Boulevard N.E. Gorman. stated the property is vacant with five violations on the exterior. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-142, a resolution of the City Council of the City of Columbia Heights declaring the property at 4066 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-142 Resolution of the City Council for the City of Columbia 1Teights 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 William Legg (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real properly located at 4066 Reservoir Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Colmnbia 1-leights Code, Chapter 8, Article II, Section $.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 July 16, 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 June 12, 2007 an inspection was conducted on the property fisted above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mai{ to the owner listed in the property records. 3. That on August I , 2007 inspectors reinspected the property and found that five; violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the brush piles from the yard, several throughout the yard, shall repairlreplacc the deteriorating retaining walls along bot1~ driveways, shalt clean the gutters in the rear of the property that are overflowing with debris, shall secure the sled in tl~e roar of the property that is unsecured, shalt remove alVany outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given Che 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 4066 Reservoir Boulevard N.E. is in violation of the provisions of the Cahimbia Heights 19 City Council Minutes Monday, August 13, 2007 Page 15 of 17 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 lfave been exercised and completed. ORDER OF COUNCIL 1. The property located at 4066 Reservoir 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. K. Adopt Resolution No. 2007-143 being a Resolution for abatement of violations at 961 Gould Avcnuc N.E Gorman stated this abatement is for outside storage on the property and there has been no contact from the owner. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-143, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-143, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-143 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 Kevin Hlivka (Hereinafter "Owner of Record"). whereas, the owner of record is the legal owner of the real property located at 961 Gould Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 July 12, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on June 28, 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 July 12, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrceted. 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 August 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: 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 l . That the property located at 961 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 Gould Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 20 City Council Minutes Monday, August 13, 2007 Page 16 of 17 L. Adapt Resolution No. 2007-144 being a resolution for rental housing license revocation at 2215 45th Avenue N.E. -removed M. Adopt Resolution No. 200'7-145 being a resolution for rental housing license revocation at 4919-4921 Jackson Street N.E. Gorman stated the property has two violations -outside storage and fire damage to stucco, soffit and facia. Mayor Petersen asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-145, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-145, 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 Beatriz Martinez- Escobar regarding rental property at 4919-4921 Jackson Street N.E. Upon vote: All ayes. Motion carried. Miscellaneous Nawrocki stated that 4644 Washington was brought forward for abatement and is messier than ever. Gorman stated he would check the property. Nawrocki stated he received a call regarding 4515 and 451'7 Fillmore because there is a pile of trash and TV's, and an apple tree with apples rotting on the ground and in the street. The Captain told him they could do nothing about the apples. The trash got picked up today, but the TVs are still there. Is it true that we can not do anything about the apples. Gorman questioned where would we draw the line. Would we do something about Cottonwood trees? We can't take care of things falling off trees. It is a sad situation when people can't clean up things like rotten apples. There is nothing regatding this in our City Code. Nawrocki asked if he should tell the neighbors that. Fehst and Jim Hoeft, City Attorney, stated yes. Peterson stated that he also reported this property. The owner is an absentee landlord. Peterson suggested he receive a harsh letter. Peterson indicated that he is for tougher laws on this. Gorman stated that he would not know what to send the letter regarding. Hoeft stated that we have athree-strike ordinance. We have an underlining ordinance through the Police Department, but a city department should not send a letter regarding the way they are treating a neighbor. Peterson questioned if we could sweep the street. Gorman stated that we do regular street sweeping. Peterson suggested it be done now. Gorman stated the three-strike rule is based on conduct, not maintenance issues. In a new version of the ordinance, which Minneapolis now has, any owner that loses their rental license more than two times, would lase all of his licenses far five years. Hoeft indicated there are time limitations with that. Fehst stated that we would send a letter suggesting they cut the tree down or cleaning up the apples to be a good citizen.. ADMINISTRATIVE REPORTS Report of the City Manager m Work session -Monday, August 20 to review the Sullivan Lake Park Plan and Silver Lake 21 City Council Minutes Monday, August 13, 2007 Page 17 of 17 Beach Plan. There will be a summary of change orders far the liquor stores. • Referred to crime free/drug free regulations for HUD homes that would compel owners to put this in their tenant's contract. This will come before Councilmembers shortly. • There will be a resolution soon regarding acceptance of $75,000 from Mrs. Wargo. There is a request fora 25 year maintenance agreement on Wargo Park. • Refereed to agreement for seven cable TV shows addressed to the minorities in our community to integrate them by understanding of how we do our business. They would begin in early fall. • We have looked at an agreement with CGI, for six one minute videos for the web. It is a free service. We submit a letter referring local businesses to advertise on the site. The U.S. Conference of Mayors is co-sponsoring this action. tither cities using the service were listed. Peterson indicated he had just been advised of sever weather moving into the area and suggested the meeting end. Nawrocki questioned what would be different on our web site. Fehst stated that one minute videos of our city would be added. Nawrocki referred to a letter from the Tilkens at 3975 Johnson, questioning why they were included in the Ulysses road project. Fehst stated that they disagreed with our response giving them a bit of relief, but we will meet them again tomorrow. Peterson stated that we are addressing the issue. Nawrocki stated that he asked for more information on the proposed budget and Truth and Taxation meeting in the City newsletter. Fehst indicated information was added. An officer entered the room and indicated a tornado warning was issued for this area. Peterson stated that the sirens are being sounded. He adjourned the meeting at 8:5~ p.m. and asked evei°yone to go to the eil~ei°gency shei~er oil rile lower levee of ~.i~y na1~. Patricia Muscovitz, CMC City Clerk 22 \"~ .~! . 1 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 5, 200'7 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson, Catherine Vesley, Nancy Hoium, and Becky Loader. It was moved, seconded, and passed ±o approve the minutes of the May 8, 2007, Board meeting as mailed. Bill list dated 5/29/07, was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 6/11/07, was reviewed. It was moved, seconded and passed that they also be paid. The accounting was reviewed. Nancy Hoium offered Resolution 2007-1 honoring the graduating Pages. The resolution was read. It was moved by Patricia Sowada, seconded by Lynette Thomson, and passed to adopt Resolution 2007-1. Catherine Vesley and Marsha Tubbs gave a report on the City Council work session they attended along with Dana Weigman concerning the Community Center project. A library is not a part of this project. A hand out from the meeting was shared and reviewed by the Board. Old Business• 1. Update on the Jamboree Parade was discussed. Dana and Marsha are working on securing a vehicle for the parade. A sign-up sheet will be posted at the library. Board members will meet at the Library at 6:00 p.m. on June 22. 2. Activity Room capacity has been reevaluated. The new maximum capacity is 189. 3. Neighborhood Bridges program has 14 participants so far. Staff is working on a date for the Shareformance. 4. Policy review on public behavior was tabled to the August meeting. New Business• 1. The proposed 2008 budget is done. It is due on Monday, and will be available for the Board at the August meeting. Several items were discussed, including re-carpeting the lobby, sump-pump disconnect and the need to replace 5 II.S pc's used by the public. 2. The Policy review items have been tabled to the August meeting. 3. It was moved, seconded, and passed to transfer $500.00 from line item 2180 (Books} to line item 2187 (Cd/book combinations}. zs 4. Staffing update was given. There are three graduating pages that will work through the summer. The potential is to have to replace those positions in the fall. The plan is to advertise at the end of June in the Focus and Northeaster, to interview in July and to train in August in order to be on board in September. 5. Letter from the Anoka County Library planning session was reviewed. A report will be presented to the ACL Board on June 18, and a report will be coming out in July an the findings of the meetings that were held in May. Becky attended the "staff 'portion, and was very impressed with the group. 6. It was moved, seconded and passed to cancel the July Library Board meeting. Bills will be approved by a phone poll. The next meeting will be held August 8"', 2007. 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 Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment irz, its services, programs, or activities. Upon request, caccomrnodation will be provided to allow individ~sals tivith disabilities to participate in all City of Columbia Heights services, pro~•ams, and activities. 24 City of Columbia Heights Park and Recreation Commission July 25, 2007 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Stan Holum; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer; Gary Peterson, Mayor Also present: Scott Lewandowski APPROVAL CONSENT AGENDA Motion by Stroik, second by Holum, to approve consent agenda. Upon vote: all ayes, motion carried. LETTERS AND REQUESTS Addition: Scott Lewandowski the groom from the June 2, 2007 rental in John P. Murzyn Hall was present to discuss his rental. Lewandowski stated that the event went very well. When he arrived at approximately 4:00 p.m. he felt that the air inside the hall was hot, humid, muggy and uncomfortable. He also noted that the weather conditions were rainy and humid. He stated that he was told the air conditioning was out and that Honeywell had been called and there was no estimated time of arrival. Overall he was disappointed in the lack of cooling and what he was told by JPM staff. Evans asked if a print out was available from Honeywell on the air temperature readout for that particular day. Windschitl replied that he made a call to Honeywell, the following Monday and they never received an alarm that the temperature of JPM was above the set point of 75 degrees. He also contacted CSO Roddy Who was or du~y' that evening, he said that he never felt the temperature was above normal in the main hall. Other guests at the reception were spoken with in regards to the temperature. The JPM staff never saw the temperature over 73 degrees. Windschitl stated that if a JPM staff person told the Lewandowski. family that Honeywell was called, they did not admit that to him. Honeywell was never called. There was a breaker that was tripped and reset at approximately 4:30 p.m. He also talked with technicians from Honeywell and they stated on a humid. day with 250 people in the main hall a temperature of 73 degrees is optimal considering the load. Prior to the event the family was allowed to drop items off the day before the rental. Windschitl stated that the father, Joe Lewandowski, requested to drop off several things the day of the event before the rental time started. He indicated that staff complied with this request, but that the actual tune in the building was much longer than requested. In addition, staff helped. to decorate when the decorator was falling behind schedule. There 25 Park & Recreation Commission 5/23/2007 Page 2 was a resident and future renter of JPM who happened to stop by and he was asked by the decorator to assist her with decorating. Windschitl indicated that after all of his investigation into this matter he does not feel that there is iust cause to give an_v additional compensation. v Lewandowski replied that in his opinion it was the afternoon staff person that was the problem and would like admittance that she was wrong and that his family was mistreated. Peterson replied that if Mr. Lewandowski felt he was mistreated, he would apologize on behalf of the City. Peterson has been around JPM for over 35 years and has always been impressed by the staff at JPM. Lewandowski thanked the Mayor and Commission Members. A. Letter of request for a reduced rental rate of JPM A letter of request was received for a reduced rental rate of JPM from the Anoka County Historical Society. They are working with the Columbia Heights Historical Society to host a Civil War CIn-istmas in December. Windschitl contacted the program manager and was able to move the request from a Saturday to a Sunday in December. He recommends the $40 entry fee and $15 per hour; the weekend fee for non-profit groups. Motion by Hoium, second by Payne, to offer the $40/$15 rental fee for JPM to the Anoka County Historical Society on Sunday December 2, 2007. Upon vote: all ayes, motion carried. B. Addition: Request for a reduced fee rental of JPM A letter of request was received from Seek the Son Ministries, Incorporated to hold a benefit concert and dinner at JPM on Thursday, October 25, 2007. Payne asked how long the concert would be. Windschitl replied that the impression was that it would be music throughout dinner and for a short time afterwards. He commented that nonprofit groups have been offered the $40 entry fee and $15 per hour rate or the fee is waived. This group falls into the $40/$15. l~~otior. by Payne, second by Hoium, to offer the reduced $40/$15 fee ~,~~ith the concert ending by 10:00 p.tn. Upon vote: all ayes, motion carried. OLD BUSINESS A. 2007 Parks Capital Improvements: Silver Lake Park & Sullivan Lake Park, Park Plans Evans reported that while walking at Sullivan Lake a resident commented to her to leave the walking path the way it is and not to change it. She stated that the trail is heavily used between 7 and 8 o'clock. Hansen reported that Brauer & Associates, Ltd. was hired for the park planning designs. He reviewed the bullet points of the park planning and potential improvements. Currently at Sullivan Lake the activity is concentrated at the narrowest part of the park where parking, the shelter and trail is located. Concept #1 shows a new spatial orientation with a new shelter with a view shed of t1-ie lake. Both plans add parking which insets the Commission members and public concerns. Concept #1 leaves a lot 26 Park & Recreation Commission 5/23/2007 Page 3 width between parking and the first resident along S 15` Ave. New shelter estimated cost is between $75,000-$100,000 and the trail cost estimated at $20,000. The park planner said that the current lavout is not invitinu and confusing with the access drive. If the drive is removed the City can still have access to the park building and police can drive on an 8-foot wide surface. He stated that with either the boardwalk or a pier overlook some vegetation would need to be removed. One of the main question is what to do with the shelter. Stroik asked about the difference between shelters. Hansen replied that the estimated cost for a new shelter would be between $75,000-$100,000 and fixing the existing shelter will vary depending on the extent of work. Evans stated that the concrete footings have cracked. Stroik asked about the longevity of the two shelters. Hansen responded that there would be longer life out of a new shelter and have more flexibility with choices and future additions. All concrete would be removed for a new shelter. Stroik would like to see more parking now instead of adding later if needed and would like to see more multi-aged playground equipment. Hansen replied that the main focus would be for 2-5 years of age with some features for older ages. The Commission took a tour of Sullivan Lake Park. Comments and observations during the tour; the beams under the shelter are probably okay to use, put grass in place of the cut-rent playground, in order to repair any board in the shelter roof the whole roof would need to be removed, if tl~e shelter is salvageable to we fix it or start new. Commission Members agreed to remove the service road, leave the lot open between the parking lot and the first resident on 515` Ave., and install a retaining wall between the parking lot and tennis courts and to install the trail system from Concept #1 with the park layout of Concept #2. Hansen stated that he will place the park concepts on the City website and at the library for public comment. Motion by Stroik, second by Payne, to get the plans drawn up and submitted for Sullivan Lake Park, based upon the planning recommendations. The Commission also asked if an analysis of the existing shelter could be performed to determine if it should be salvaged or torn. down. If the shelter meets code salvage within replacement costs, if not up to code build a new shelter. Upon vote: all ayes, motion carried. Evans commented that the playground needs to get done. Hansen replied that he will have the shelter analyzed for future viability and contact the Commission Members. Hansen reviewed the park concepts for Silver Lake Beach Park. I-Ie stated that the park concepts need to be a plan that can be built upon but the parking needs to be replaced regardless of which concept is chosen. Evans commented that there is 180 feet of sand that is not needed. Hansen stated that the playground concepts plan for more area than what currently exists. The replacement of the picnic shelter has been authorized for this current year. Funding from the Rice Creek Watershed District may be available for the infiltration areas. Comments received from residents include building a new shelter and new volleyball area. Payne asked creating a new trail system at the park could be done by the City's machine. Hansen replied that yes it could be done. Stroik asked about the cost difference between the two concept plans. Hansen replied that there was not much difference between the two plans but cancept #1 would cost slightly more because of the 27 Park & Recreation Commission 5/23/2007 Page 4 proposed round about parking lot. Evans asked if the current building would be kept. Hansen replied yes. Motion by Stroik, second by Payne, to recommend preparing plans far improvements at Silver Lake Beach Park and to determine funding. Upon vote: all ayes, motion carried. NEW BUSINESS None at this time. REPORTS Recreation Director Windschitl reported that he is working with the Columbia Heights Sehool District to apply for another federal grant. He and the Recreation Program Coordinator Liz Bray are meeting with the new Superintendent Kathy Kelly to discuss past gym space issues and concerns. Honeywell replaced the LaBelle Lounge and basement air handleing unit. While the air was out a temporary air unit was used. This did not have any effect on the main hall area. Due to the fact of this unit being over 25 years old, Honeywell recommended that we replace the unit rather than put a large amount of money into an old unit. The labor and parts that Honeywell. would have put into the old unit went towards the purchase of the new unit. This amount from Honeywell was $10,775.80 and the City portion was $6,765.20. There have been problems with the 15`" birthday parties. Windschitl has worked with the Police Department and the City Attorney to find a way to help control the number of people in attendance. There will be two CSOs at each party, 275 wrist bracelets will be handed out when having an open bar and the bracelet color will change to keep track of people attending. Public Works Director/City Engineer Hansen reported that there have been neighborhood problems ~~~ith the east side of LaBelle Park pathway. The Police Department reports security issues and gang activity in the area. Motion by Hansen, second by Payne, to remove the steps from Circle Terrace Blvd. in LaBelle Park. Upon vote: all ayes, motion carried. Commission Members None at this time. ADJOURNMENT Chair Eileen Evans adjourned the meeting at 8:00 pan. Deanna Saetke Recreation Clerk Typist FI 28 CITY COUNCIL LETTER MEETING OF: AUGUST 27, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION ACCEPTING CERTAIIe1 BY: dOE KL,OIBER BY: GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS DATE: AUGUST 17, 2007 Staff requests that the City Council adopt the attached resolution to accept the gifts listed therein. Some gifts listed are non-cash goods and services for which it was not practical to estimate a dollar value received. These are indicated on the fast as dollar amount "NOT AVAIL." The gifts listed from the Wargo Estate are stated as maximum possible amounts. The amount actually received when paid by the estate may be less. The primary intent of this resolution is to comply with Minnesota Statute 465.03 Gifts to Municipalities. The statute provides that municipalities can accept gifts subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should be noted that the statute prohibits accepting gifts with religious or sectarian purposes. Staff recommends that the City Council adapt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-147, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-147 being a resolution to accept certain gifts received by the City of Columbia Heights. J PK o~os„~~ our~ct~ Attachment COUNCIL ACTION: 29 RESOLUTION NO.2007-147 ACCEPT CERTAIN GIFTS RECEIVER BY THE CITY OF COLLTMBL~ HEIGHTS .~. r r. ~ s u s ~ n r r~ • n wrl~icct~S, the %iiy vT l.,oLUI'T101a rielgnts Llas recelvea The TOLTOwIng g1ILS; FORM DATE DONOR AMOUNT PDRPOSE CASH 4/11/07 SOWADA,PATRICIA $ 25 MURZYNHALL CASH 5/15/07 TOASTMASIE[2S 150 MURZYN HALL CASH 5/08107 FIRST' COMMUNITY CREDIT UNION 150 FIREWORKS CASH 5/08/07 THE KORDIAK COMPANY 25 FIItEWORKS CASH 5/14/0'7 COI.LIMBIAHIIGHTSPOST23 1,000 FIIth'WORKS CASH 5/18/07 NORTHEAST BANK ]00 FIItEWORKS CASH 723/07 T C B PItF.C1510N MACILII~IlNG 300 FIItT3WORIGS CASH 122/07 NOR'TI-IEASI' BANK 200 SENIOR PROGRAM CASH 3/16!07 COLLIMBTA HEIGHTS WOMEN OF TODAY 100 RECREATION CASH 4/17/07 COLUMBIAHEIGHTS LIONS CLUB 200 RECREATION CASH 424/07 COIZJMBIA HEIGHTS ATHI_);TICS BOOSTERS 30,000 RECREATION CASH 7/03/07 COLUMBIAHEIGI-T15A'ITII.k:I'ICSBOOS'I'EItS 2,500 RECREATION CASH 7/03/0'7 BIAINE JAYCEES,INC. 500 RECREATION NONCASH 7/18/07 COI,t1MBIAHE[GHTSAC'ITVTIYFUND 8,670 50%OF2003FORDVAN NONCASH 4/05/07-6/20/07 GANDER 1~Kx.JNI'AIN 244 TACKLI; ETC FOR FLSHIN(i CLINICS NONCASH 4/05/07-620/07 CAPRA'S SPORTING GOODS 89 TACKLE, ETC FOR FISHING CLINICS NONCASH 4/05/07-620/07 WALMART 100 TACKLE, ETC FOR FISHING CLINICS NONCASH MOS/07-fi/20/07 FRANIQES I1VE BAIT AND TACKLE NOT AVAIL TACKLE, ETC FOR FISFIING CLINICS NONCASH MOS/07-6/20/07 NOR'1TIfAND TACKLE N(7I' AVAIL TACKLE, ETC FOR FISHIIVG CLINICS NONCASH 4/05!07-6120/07 VOODOO BAITS NOT AVAIL TACKLE, EI'C FOR ITSHING CLINICS NONCASI-I MOS/07-6/20/07 BII2KTEY PURE FISI~NG NOT AVAIL TACKLE, ETC FOR FIST-IlNG CLJI~IICS NONCASH 4/05/07-Cxi20/07 RAPALALURFS NOT AVAIL TACKLE, ETC FOR FLSHING CI..IlVICS NONCASH 4/05/0'7-620/07 GR]Z HALL OF FAME FISLIIItMAN NOT AVAIL TACIQF, ETC FOR FISHING CLINICS NONCASH 8/9!07 TASTY PI7ZA NOT AVAIL DINNER IT'EJv1S FOR 200 (IT-IEATER) NONCASH 8/9/07 >30BBY & SIEVES AUTOWORLD NOT AVAIL DII~IlVIIt TIIIdS FOR 200 (TLIEATER) NONCASH 8/9/07 L1TIUCE CATER NOT AVAIL DII~NER I"fIIv1S FOR 200 (TIIEATIIZ) NONCASH 8/9107 CULVERS NOT AVAIL DINNER ITEMS FOR 200 (ITIEATER) NONCASH 8/9/07 WAt.MART NOT AVAIL DINNI1t TIEMS FOR Z00 (IIIF.ATER} NONCASH 8/9/07 CUB FOODS NOT AVAIL DINNII2 ITEMS FOR 200 (TTIF.ATER} NONCASH 8/9/07 G & K LINIIQS NOT AVAIL DII~II~IIt ITEMS FOR 200 ('IT3EATER) SCIBTO'TAL FUND 881 CON'1RiBUtED PROJECTS - RECREATION 44,353 CASH 2116/07 GORMAN, I.OLA 150 FIRE CASH 4/13/07 RESIDENI7AI, MORTGAGE GROUP 50 FIRE CASH 6/15/07 COLUMBIAHII(.rITI'SPOST23 1,000 FIRE CASH 6128/07 HEI7II2MAN,JU-DY 500 FIRE PLEDGE 1/12/07 ESTATE OF ID1TH P WARGO UP TO 25,000 FIRE PI.IDGE 1/12108 ESTATE OF IDIIT-I P WARGO UP TO 25,000 RESCUE PLEDGE ll12J09 ESTATE OF IDITH P WARGO UP TO 25,000 POLICE CASH 627/0'1 HIDERMAN,DANNY&JUDY 500 POLJCE CASH 129/07 ESTATE OF L,OYD S(.TINIIDI' 16,667 LIBRARY CASH 625/07 ESTATE OF LOYD SCHMIDT' 7,169 LIBRARY CASH 1/02107 JOHNSON, BARBARA 25 LIBRARY CASH 3/12/07 ANONYMOUS 10 LIBRARY CASH 3/12107 ARTHUR IIBRARY OUTREACH GRANT 1,000 LIBRARY CASLd 7(02/07 THE FZANARYGRQUP,INC. 100 LIBRARY SUB'I'01'AL FUND 883 CON'IRIBITIIJD PROJECTS - Ol'HIIt 102,171 TOTAL $ 146,524 sa TlT Trn TTT TITTI~> T1TlY l4T T ~T'!Tl /_ i _. r'~7 a.__ !"~_.___ _[1 _r~t__ •"~[~_ /"ll l"~_1_____i_S_ 7T _'~.1_~_ ~L _~ 4__ !'C~_ _C!'~_t. _...__7_]., tsr, r r nr,tccts r rc r,~vr., v tv,Lr oy tnc ~.uy ~ uurrcu ur Inc ~ uy yr ~,uiutnuia nci~u~5, uia~ uic ~,i~y ui i.,uiuuluia Heights accepts these gifts, subject to the donor-prescribed terms listed. Passed this 27th day of August, 2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 31 CITY COUNCIL LETTER Meeting of August 27, 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. Dept Budget to Reimburse Overtime Fund DATE August 16, 2007 DATE: BACKGROUND During the first two quarters of 2007, the Columbia Heights Police Department has transported 61 detox patients to detox centers outside of Anoka County. As part of the agreement that led to the closing of the Anoka County Detox Center, the County agreed to reimburse each Police Department $33 per patient transported. This was estimated to cover approximately half of the cost of the officer's time. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received two checks from Anoka County; one for $780 received on 05/04/07, and one for $1050 received on 08/03/07. This money is considered revenue and it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1830 received from Anoka County for Detox Transport reimbursement be placed in the 2007 Police Department Budget Line #1020 Overtime. RECOMMENDED MOTION: Move to transfer $1830 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2007 Budget under Line #1020, Police Overtime TMJ:kao 07-132 COUNCIL ACTION: 32 ~+°89 2840~~° ~.0~ 10000 2 2E: 1 38 58 3 20 1809~~° V = 17617 ANOKA COUNTY-CHSS REMITTANCE ADVIGE DATE 6/04/2007 CHEGK NO. B 892840 .. ,. ,r....: ...,.; ..r,....... .: ,.... } .. ,... ~... Y r .'x~-• ,..3 •. }:. :~i~ii~ ..5... {.r.~ ::i: 1.... ..... ..i~w...~... .!.T.~^.ST} S^ ..:: .va ... .. ..>.. .:. ,...,.... Y.. r.... ..... ...,. .n....... ...,. n. :. :. .qY, f ... •'..:.'•.:: v{•::? ....T ... ....... ....rv......: ..... .:n..~n.: r., r. +.. : ..........4............ ....... ...,... ... u...i:. n.... .: . ,~y. ., }.., . ..::,..fit...,.......:. , .:.: a:.,• ..t~:?;5.~,:; xG•f:ax~r, ~:^,.'L'+;:;i'. . ;:s,:::z..,.... Y,... ~h~ t:x3•'•.no-:.»~.x;:.:::a.<:;•;;:•r,,:•>........ ..:. ~.. ,..... .v... •, :... r.:.c..?.... 7Yf•. :.:v~/"t. ~•a11~~!:: '~T.?Lk~ ::.ra;;,; :•.tff•f}::: ar:?:>r4o-r:S .... ..~n'47~r!:C6~.~~#t/~. ... x.: •: v .......: ,v v.,wn-::::v: x:.n-,O:::Pl'r • .::::..: : .. .:. .. .. S. . . i..,~:.:??;,.:.y..::...:......M ............ .v.............:.:. ....p.'.: C.:v:..:~::.,.::~:...{,..r::..,u,+.::n.:::.:.v,::n.:...~.,..:........v::-.::.::..,.:.,.::.ki..~:..,.::x..,~:.::~::::.,.:.~~,,i..:~....,.. ~.,:.:.., :.:::p..i %~'~: ~: /....~....u... ~...~ ::;..:.l.fn ......:......n... v..........:......n...,..... .:..... ...:::: ~:::,::..::::..::. .... .. i:iii ........ n..... o7o41a0o 4/13/2007 DETOX TRANSPORTATION 2/05/2007- 1/31j2007 300.00 07041000 4/13/2007 DETOX TRANSPORTATION 2/03/2007- 2/24/2007 2'70.00 07041000 4/13/2007 DETOX TRA,'vSPORTATION 3/08/2007- 3/31/2007 210.00 *** TOTAL 780.00 33 Columbia Height Police Department ~,~A,,, n l~iLAAAV To: Dana Higgins Frorn: Captain William J. Roddy Subject: Detox transport re-imbursement request Date: April I2, 2007 Attached you will find a list of the detox transports for the first quarter of 2007 made by the Columbia Heights Police Department. Total= 26 transports. Feel free to contact me at 763-706-3754 if you have any questions. 34 Anoka County Social Services Request for Partial Reimbursement of Detox Transportation W ~„ Law Enforcement Agency: Columbia Heights Month; January Year: 2007 Date Full Name of Individual Trans arced Detag Facilit ~ 1 /QS/07 Hastings ~ 1 /07/~~ Mission 01 /10/07 Mission ~ 1/1 ~/~~ Mission 01/19/07 Mission O 1 /2 U07 Mission 01 /27!07 Ramsey 01 /29/07 Mission 01!29/07 Ramsey 01/31/07 Mission ,, T a _C N1n _ r_ .~ a atiii.~4lG.~l tJQ~'1A1G1it Vl .pJV t7G1 UC.lEJtJUIi. lUr lllG a~aove maiv~aua~s. 1 aeclare unaer the penalties of taw that this account, claim or demand is just and correct and that no part of it has been paid. Signature of Agency Representative Date Submit to: Program Support Unit, Anoka County Social Seruices, 5`f' Floor Government Center, 2100 Third Ave., Anoka, MN 55303. Anoka County Social Services Request for Partial Reimbursement of Detox Transportation W Law Enforcement Agency: Columbia Heights Police Department Month: February Year: 2007 Date Full Name of Indivic#.a~~ "~~"~-~------ Detox FaciIzfi~ a2/a3/2ao7 rr _ Dakota a2/a712aa7 Mission a2/a9J2aa7 Ramsey a2/~ a/2aa7 Dakota a2n 7/2oa7 Dakota a2/17/2aa7 Dakota 02/l ~/20a7 Dakota a2121/2a07 Mission a2124/20a7 Mission ,, 7 request payment o~ .~~v per transport for the above individuals. I declare under the pettahies of law th at this account, claim or demand is dust and correct and that no part of it has been paid. __ _ Signature of Agency Representative Date Submit to: Program Support Unit, Anoka County Social Services, S`h Ftoor Government Center, 2100 Third Ave., Anoka, MN 55303. Anoka County Social Services Request: for Partial Reimbursement of Detox Transpartation W v Law Enforcement Agency: Columbia Heights Police Department Month: March Year: 2007 Date Full Name of Individual Trans orted Aetox Facilit~ a3/as/2aa7 Mission a3/a~/2oo7 Rarnsey 03/ 10/2007 Ramsey 03/15!2007 Mission M 03/17/2aa7 Mission 03/2212007 Hastings 03/3ll2007 Mission i request payment or ~ju per txansport for me a.nove matv~ctua.~s. t ctectare under the penalties of Iaw that this account, claim or demand is,just and earrect and that na part of it has bean paid. Signature of Agency Representative Date Submit to: Program Support Unit, Anoka County Social Services, 5'" Floor Government Center, ? 100 Third Ave., Anoka, MN 55303. J {,.. C PL1Y ': ..._ EllUE Tf~`OUSANL?, ~/FTY DOLLARS AND IUD CENTS ~ ;, ~*~ ~ * 1,O5d 00 ~ x < ~ ~ F ~ ~ {,{~.: 3 .. ~^ A Jt f SF ~ F f$ ~.~ ,.fib y . TE3 T~#~ dRT3EF d~ CaLt;f(1tff~fA#:HEIGH7S ,i~C~LICE ~f=R~~' i ~` T ~` < r ~ 4 ` ~ ~ t , / ~ Cy _ ~ ~~ ItR~ l 9 f~€f~ 5~ + ~ i ~ s 1 ~ 3 { , + f : CtJLl~li![BiA ~N 554'~'f 38$2 ~ ~fEM~xkt'~ & AI .5 F '' _ ~ 4' 4 ~ ~ , , V= 97617 ANOKA COUNTY-CHSS REMITTANCE ADV€CE DATE 8103/2007 CHECK NO. B $98737 07468900 7/20/2007 DETOX TRANSPORTATION 07468900 7/20/2007 DETOX TRANSPORTATION 07468900 7/20/2007 DETOX TRANSPORTATION 4/02/2007- 4/28/2007 5/06/2007- s/27/2007 &/04/2407- 6/30/2007 *** TOTAL 300.00 300.00 450.00 1,050.00 `~~~ t., _ / ~~~~~~~ ~~~'~a~~ ~ o~u„~ ss --•8 48 ? 3 ?--• ~:CI4 i00CtCl ~ 2f. l 38 58 3 20 18D 9--• Columbia FIelght Police Department Memo To: Dana Higgins-Program Support Unit- Anoka Ca. Social Services From: Captain William S. Roddy Subject: Detox transport re-imburs~ment request Date: July 17, ? 007 Attached you will find a List of the detox transports far the second quarter of 2007 made by the Columbia Heights Police Department. Total= 35 transports. Feel free to contact me at 763-706-3754 if you have any questions. 39 Anoka County Social Services Request for Partial Reimbursement of Detox Transportation .~ 0 Law Enforcement Agency: Columbia Heights Police Department oath: April Year: 2007 Date FuII Name of Individual Transported Detox Facili~ 04/02/200? Ramsey 04/03/2007 Ramsey 04!12/2007 Mission 04f 14/2007 Hastings 04/1412007 Mission 04/1512007 ____ _ Ramsey 04J1612007 Mission 04f1612007 Mission 04121/2007 Mission 04/28/2007 Hastings t request payment or ~~u per transport Tor tlZe above mci~vtduais. 1 declare under tt~e penalties of law that this account, claim or demand is. just and correct and that no part wit has been paid. flt~. ~ 1~ at Social Services, 5'~' Floor Government Center, 2 i 00 Third Ave., Anoka, MN 55303. Anoka County Social Services Request for Partial Reimbursement of Detox Transportation Law enforcement Agency; Columbia Heights Police Month; May ~ Year; 2007 ate FuI1 Nanrue a__f Individual'I'ransparted Uetax Facili T 0510612007 Missian 0510$12007 Mission OSII I/2007 Ramsey OSII2/2007 Mission OSII9/2007 Missian 05/22/2007 Hastings 05/25/2007 ~ Hastings 05/25/2007 ~ Hastings 05126/2007 Ramsey 0512712007 Ramsey t request payment at ~3t1 per transport for the above individuals. I declare under the penalties of law that this account, claim or demand is just and correct and that no part of it has been paid. _ Services, 5'" Floor Government Center, 2100 Third Ave., Anoka, MN SS303. Anoka County Social Services Request f'ar Partial Reimbursement of Detvx Transportation N La~v Enforcement Agency: Columbia Heights Police Department Month: June Year: 2407 Date Full Name of Individual Trans arced Detox Facili 06/44/2447 t Mission 06/0912447 1 Mission 6114/2447 l Ramsey 06/11/2447 Missitan 06/14/2447 Mission 06115/2447 Mission 46/1512447 Ramsey 46117/2447 - Mission 0b/17i2047 Ramsey 46/1812047 ' _...______.._.____ Mission 4611912047 Ramsey 46125/2447 Mission 46/27/2447 Mission 46/28/2447 Ramsey 46/30(2447 ~ Ramsey I request payment.of $30 per. transport for the above individuals. i declare under fire penatt~es of ~a4v u~aC tms account, claim ur c~e~nanu ~5_lu~i d„u correct and that no part of it has been paid. _ Signature of Agency Rep~ntative Submit to: Program Support Unit, Anoka ~ _. ~ o~ ll e Social Services, 5"' Floor Government Center, 2100 Third Ave., Anoka, MN 55303. CITY COUNCIL LETTER Meeting of August 27, 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. Dept Budget to Reimburse Overtime Fund DATE August 16, 2007 DATE: BACKGROUND During the past three months, the Police Department has been involved in off-duty employment details that are handled through the department. These details were security details at Unique Thrift store, Columbia Heights High School activities, the 40`~ Avenue street mill and overlay, and depositions given by our officers for a civil issue. Since this type of off-duty employment is handled through the department, officers have signed up and worked these details since June 7, 2007 and we have received a check from the following entities: Unique Thrift Stores, $1064.39; Columbia Heights School District, three checks totaling $2747.25; North Valley, Inc, $870.00; and Bruce Candlin and Associates, $212.00. This money is considered revenue and it was placed. in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1064.39 received from Unique Thrift Stores, the $2747.25 received from the Columbia Heights School District, the $870 received from North Valley, Inc., and the $212 received from Candlin and Associates be returned to the 2007 Police Department Budget Line #1020. RECOMMENDED MOTION: Move to transfer $1064.39 received from Unique Thrift Stores, $2747.25 received from the Columbia Heights School District, $870 received from North Valley, Inc., $212 received from Candlin and Associates, for a total of $4893.64 from the General Fund to the Police Department 2007 Budget under line #1020, Police Overtime. TMJ:kao 07-131 COUNCIL ACTION: 43 City of Columbia Heights Police I3epartent MEM{3~ To: Chief Thomas Johnson From: Captain William J. Roddy Subject: Overtime Transfer Date: August 6, 200'7 Attached is a list of the overtime re-imbursement received far 2007 from June 7`~` through August 6~', 2007. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request transfer of these funds to our overtime account. Unique Thrift INVOICE # DATE AMOUNT 014 06-06-07 $1064.39 Columbia Heights Hi~hschoal Activities INVOICE # DATE AMOUNT 413 06-04-07 $ 1722.50 017 06-22-07 834.75 O15 06-22-07 190.00 Other INVOICE # DATE AMOUNT 018 07-17-07 $70.00 ~, ,. n7 ha ~ ? nn Vjp Vl-GJ-Q! 1 .VV Total $4$93.64 Total Amount to be transferred to OT Account X4893.64 44 IN~4iC~ Calumbia Heights Police :department jJa(e, Jl.Llt~i V, 2V07 li2vol.i~e Jf'. 2007'014 ~s n V Customer Name: Unique Thrift -Attn: Bab Lennartson Address: 2201 37"' Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 163-788-5250 Request for: 1 Police Officers for: May 200'7 , rj d~ (9 ~j Tue 5-01-07 1630-1930 Ni 3 hrs. Fri. 5-04-07 1515-1900 Ok 3.75 hrs. Sat. S-OS-07 1330-1730 Ni 4 hrs. Sat. S-i2-07 1545-1645 Ni 1 hrs. Sat. 5-19-07 1330-1630 Ni 3 hrs. Mon. 5-28-07 1130-1530 St1Ni 4 hrs. BILLING INF(?RMATI®N Number of Officers: 7 2007 OT image is $53.00 hr. *Prem Nate is $7D.66 Hours: 14.75 regularf4 pre~niu;<n °Total Flue; $IOb4.s3 Make checks payable to the City of Columbia Heights, Please mail payment to: City of Columbia Heights Pnlica Department, SS9 Miil Street NE, Columbia Heights, MN 55421 45 APOGEE Re#ait, LLC 0(}2227 INVOICE N4 COMMENT AMOUNT DISCOUNT NET AMOUNT ~7 2d07d14 MAY ~ 1,064.39 .dd 1,064.39 /d/• ~o~~'~ac~/ r---- ~~~~~ ~~ CHECK: 40222? 06/15/47 City of Columbia Heights REFERENCE: CHK TOTAL: 1,464.39 0©2227 APOGEE Re#ail, LCC 3080 Gantervilie Road ~ Alliance Sank Little Canada, MN 55117 St. Paul, Minnesota (651) 773-8077 75-121-319 4 C O *ONE THOUSAND SIXTY FOUR DOLLARS AND 39 CENTS o ~,,,,, City of Columbia Heights - -yE Palice Department G..~ER 559 Mill Street NE Off: Columbia Heights MN 5542. DATE AMOUNT' 8 06/15/47 *****1,064.39* 9 C C N V1 IEs®® ~L C~ ~ ~li® ~i®~ ~ ~®~ ~ ~ ~~s~d®J ~ ~ ~ ~ ~dli1i 46 7 INVUICE Columbia Heights Police Department ,;._ . Date: ,;;,;rle ~ 2007 ~nvaice #: 2007-013 Customer Name: Independent School District #13 - n Address: 1440 49`h Ave NE, Col. Hgts. MN 55421 ~ ~ Home Phone: Work Phone: (Afternoon School Security Detail -May/June 2007) Attn: Finance Department Request for: 1 Police Officer for: Afternoon School Detail Week I- May 7-11 4 days x 1.5hr @ OT Rate $318.00 (No Officer May 7th) Week 2- May 14-18 5 days x 1.5hrs @ OT Rate $397.50 Week 3- May 21-25 5 days x ~~.Shrs @ OT Rate $397.50 Week 4- May 29-Jun 1 3 days x 1.5hrs @ OT Rate $291.50 1 day x 1 hr @ OT Rate (May 31St) (No School Memorial Day Holiday May 28th ) Week S- Sun 4-7 4 days x 1.5hrs @ OT Rate $318.00 (No school Jun 8th) Total: $1722.50 `.~'~- Make checks payub€e to the City at'Co€umbia Heights@. Please mail payment to: Ciry ofCoiumbia Heights Police Department, SS4 Mitt Street IJE, Columbia Heights, MN 5542! .FClh' .DEPARTMENTAL USE ONLY 47 VENDOR NUMBER VENDOR NAtt' 08350 - 4 CITY OF COLUMBIA HEIGFITS .'E INVOICE NUMBER a~,zs 07 2oa7-a13 06/29/v72007-017 f I CHECK DATc CHECK NO. 06/29/07 0013105a P.O. NUMBER AMOUNT 1, 722. SC a34.7~ DESCRIPTION ;'AID lo: CITY OF COLUMBIA HEIGHTS POLIO DEPARTMENT 559 :1I LL STREET NE COLUMBIA HEIGHTS, MN 55421 TOTAL AMOUNT }zA~~ 2, 557 .25 .~ ~ • s• i ~s-rssz iNDEAENDENT SCI~i(~QL. DISTRICT NO. 1S al'~1C. CHECf{ DATE CHI=C(K''~~NO. 9Yz 1440-49TH AVENUE N.E. say rn~rd ssreec Noahwest ~ 3 ~ U 5 C} COLUMBIA HEIGHTS, MINNESOTA 55421 East Grand Forks, MNS672t 06/29/07 PAY' *'~~`***2,557 Dollars 25 CenCs TQ THE ORCER OF: CITY OF COLL'rwIBIA HEIGHTS ATTN: POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, ~t 55421 CHEC~t RMOUPlT 52,557.25 i -~~ ,, II~~3~,o5aII• -;o9~~asq~~&:152koooo76C31t' 48 !`~ < INVOICE Columbia Heights ~'aliee llepartment Date: June 22, 2007 lnvaice #: 2007-017 Customer Name: Columbia Heights Highschool= Attn. betty Thomas Address: 1440 49th Ave NE, Col. Hgts. MN 55421 Home Phone: Work Phane: 528-4602 C9~ Request for: 4 Police Officers for: Year End Activities 2Q07 1. School Talent Show 5-18-07 Okerstrom 1830-2045 2.25 hrs. 2. Campaut 6-01-06 McGee 2100-0345 6.75 hrs. 2- Graduation 6-08-06 Bonesteel 1800-2130 3.Sh hrs Hanson 1800-2115 3.25 hrs BILLING INFORMATI(JN Number of Officers: 4 rage is X53.00 peg hour. Hours: 15.75 Total Aue: S$34.75 Make checks payable to the City of Columbia Heights@. Please malt payment to: City of Columbia Heights Police t3eparhnent, SS9 Milt Street NE, Columbia Heights, ivilV SS42t t ~ 49 .~(~, 13 VENDOR NUMBER VENDOR NAM: 08350 - 0 CITY OF COLUN~IA HEIGHTS ATE tNVOiGE NUMBER pESGRIPTiON u6/29/07 (2007-013 06%29/07 t2001-017 o~~p ~'~: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 -- ~~: ~; ' 'IiVDEPENDE(~T'SCHOOI. DISTRtCT'NO. 13 _ .. ; ' anl~: 1440 49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 aoarnimstreetNonnwest East Grand Forks, MN 5&721 p;qy;, ~*****~2,557~.+; ';`Dollars',. 25 Cents.-. TO THE ORDER 0~: CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT ::~;.;.~;j~ 559 MILL STREET D7E ~,:,f~r.~CG~•:;::%;,.,":~:':~" COLUMBIA HEIGHTS, MN 55421 tir ~ ~ ~t 0 ~ 8 tl' r. 0 ~ ~ ~ ~ ~ ~ C ~ ~: ~ ~ ~L ~ ~ ~ ®Q 2 ~ ~t 3 tl® CHECK DATE CHECK NO. ' 06/29/07 00131058 P.O. NUMBER AMOUNT 1,722.so 834.75 TOTAL AMOUNT PQ(Q 2,557.25 50 ioiumbia rieights Yoiice .vepartment ~r~ ,~.*' Date: June 22, 2007 Invoice #: 2007-015 ~tio, ~, < Customer Name: CHHS 2007 All Night Parry Committee- Attn: Lauri McGee Address: 4233 Jefferson St. NE, Col. Hgts, MN 55421 Request for: 1 CSO for: Murzyn Hall -CHHS 2007 All Night Party Security b-07-07 {2030-0430) ,BILLING INFORMATION 1°ltt+llaVer ijf Officers. 1 page is $23.75 per hour. t il~. lir s: (7 'Total Llue: $190.00 Make cheoks payahle to the City oPColumbia Heigltis@. Please mast payment to: City of Columbia Heights Police Department, 554 Mit! Street 1VE, Columbia Heights, MN 55421 FCIR DEPARTMENTAL US'E ONL Officer(s) on Duty: ~J'ellman Off Duty: Amount Received: '~j `gyp °° Date: - ? o ~" "5 51 .- Date 1~~:~p~ ~ C~ - GLASS ®F 2087 ~°~, ~ ~s-rssorzsta ~':~ ' Fay to the ~ ~ ~' _~ ~ ,C~.~~~~~ ~. Qr o€ ,a' ~. ~ ~ ¢ , ~ $ ~ ' Dollars t:.i ;" tt ~~~"~ FiRST GOMMiJI~TFI'St ~~ ~ 1a CRBDIT UN tON 843 -40th Avt. N.B., Columbia H~igghn (•7(3) 786-7100 11465 Rabfasoa Dr., Cooa R ids (763}755.8900 1230033asf Ave.Id.,Champh (763)422-50 - Nlema ~ ~ ~~ ~ ~ ~.29~0~35o3r. 0~~669?26~' 505 0:000 tJHEPN ENFERPg19E3, INC. ~ y n ' ~ 52 ~N~a~CE Calumbia ~Ieights Paiice Department Date: July 17, 2007 invoice #: 2007-018 Customer Name: North Valley Inc. -Attn: Paula 20015 Iguana St. NW Suite #100, Nowthen MN 55330 Address: (~ Home Phone: Work Phone: 753-274-2580 Request for: 3 + Police Officers for: Street Milling & Overlay traffic control 40t~' Ave. NE. {Co Rd. Z} Columbia heights July 9 0700-1200 S hrs {Sorensen) July 10 0700-1200 5 hrs {Bugos) 1200-1700 Stirs {Hanly} 15hrs = $795A0 Squad use @ $5.00/hr 15hrs= 45.04 Total $ 870,00 ,7 ~~~~ D .BILLING INFOItIt~L4TION Number of Officers: 3 Hours: 15.00 Wage is $53. DO per° hour. Total Due: $870.00 h+ia?ce checks payable to the City of Columbia Heights@. Please mail payment to: City of Columbia i-Ieights Police Department, 559 tit{ Street NE, Columbia i-leights, MN SS42I Number of Officers: 3 Hours: 15.00 Wage as $53.00 per haut~. 'Total Due: $$70.00 Make checks payable to the City of Columbia F3eighis@. plw~P n,a,i payment ro: City of Columbia Heights Police pepartrrtent, 559 lvliil Street AIE, Columbia heights, MN 55421 ISE ©NL Y ~ F4R DEPAR TMENTAL I a Officer(s) orl Duty: Off Duty: ~ ~+ ~ f J ~~~ . AmountReceive~i: Date: ~~;'L4~~~:. ~~TS P4~.IC~ -~ E~~;~ ~~I~P~T i VALLEY, INC. • 20015 Iguana Street, Suite 100 • Nowthen, MN 55330 ^6 N(Q. IN1101GE DATE _ REFERENCE INVOICE AM®UNT DISCOUNT PAYMENT AMOUNT - ~l I ' t~ K NO,. VENDOR NUMBER SEQUENCE NUMBER 93i CTOFCO ~ ~ 870.Q0 4.04 $7~l.QU 9#~~#$##~~~#~$~~$~l`~iT$#~~ETs~?T NUST}SEi~ SEUE~TY Ai~T} U~lit7~3 DOI.LARS~ f l =~ CTTY OF COtU~BTA HET5HT5 ~ CO~U~BTfi HETBHT5 PONCE . 559 ~fTLL 57 NE COLL~OTti H6HT5, ~~€ 55421 Il*p 149 ~ 1il• ': C 10?®00 1t: 186 24 1 1E 7411` 54 ~'" ~~V®~t.E %aiumaiar~`ieignis ~raiice iaeparimenc Date: July 23, 2047 Invoice #: 2047-4 i 6 Customer Name: Bruce Candlin & Associates . Attn: Jerome Klein Address: 384 St. Peter St. Suite b03 St. Paul, MN SSI42-1313 Depositians: Officer Aish 1 Officer Korts @ $53.40hr. {2hr minimum each} $ 146.00 x 2 $212.40 conference room rental I hr. @ $20.44/hr. 20.44 $232A4 BXLLIIVG I1VF+DRMATION Number of Officers: 2 Wage rs $53. DO per hour. Hours: 4 Total Due: $232.U0 ;. ~?~%~ i Make checks payable to the City of Columbia Heightsa. Please mail payment to: City of Columbia Heights Police Department, S59 Mil! Street iVE, Columbia Heights, MN 5542 t THE TRAVELERS - NAPERVILLE CL CLAIM COMMERCYAL LIABILITY CLAIM E:O. >y0X 3204 NAPERVILLE IL 60566-?204 UB02292 COLUMBIA HTS POLICE DEPARTMENT 559 MILL ST. NE COLUMBIA HTS MN 55421 89 3876®237 The Travelers Indemnity Campany DaTE: o~/~ ~ro7 LOSS DATE: Q7/281{)4 F1LE NUMBER: Q28 A8 V1 M8895 E CLAIMANT: KdNG YANG ACCOUNT NAME; GREAT LAKES: CABLE CdMMUNICATI ST. PAUL FIRE ANd MARINE EXPt~N1~Tl4N ®1F PAYMENT BODILY INJURY LIASILZTY $232.00 TOTAL PAID $232.00 2007-t)i 6 ~R ADDITIONAL iNFORMATIC7N, Ct3N1'ACT: MARILYN SCHLISMANN AT {63(7~96i -87Q6 1529& ~JnrutvSi-CG8~99 3ETACH CHECK DETACH CHECK ~~ ~$~ Uelatvare 82-20 ~nePeen'aWay The Travelers Indemnit Com an $'96d 3$760237„ ~ Caa@e DE 13720 y p P . Q . BOX 3204 '~ TN1S CHECK NAS A f?ED BACKGROUNIJ NAPERVILLE IL 64566-7204 tb30)961-8TOb )ATE ACCOUNT NUiVIBER FILE NUMBER VOID 1P NOT PRESENTED WITHIN /i 7/07 J99 {728 AS V1 M8895 E ONE YEAR AFTER DATE OF ISSUE ~~ HUNDRED THIRTY Two AND oafio~ _________________________________________ r'AY: $*******232.a~~,s PAY COLUMBIA HT5 POLICE DEPARTMENT ~ THE 559 MILL ST. NE C3ER OF COLUMBIA HTS MN 55421 es t t +g~ u s AUTyCSRIZED SIGNATURE lRllitl{IIldtll,tllttflllllllflllltill}€ttllEltkiIll~IitltHik3flllltlHtlilli!lt13lltutlilRlnl~IFtltllllldtl}IIIIt1IlIllftliiE£IIIIIKIIIII#IIIIIItlIIIIIIIIIIfEitElllitllttllElttllf~lhtlFtltllEtG,Illlllllt!([IIi111II144IIftitlllllllUESlII11IIIItISIlI1fIIIlttlllltlllfHIII1,ifIIIlIItnlitEllldllltlltllitllfl1,ItlikiElllfltltlllllnitllltllll3llllllllulf Its 3>~ ? E®2 3 ?IIe ~.®3 i®{~ 20 ~. 3B I~ 2 28 9 2}i° 56 CITY COUNCIL LETTER Meeting of August 27, 2007 AGE?`?DA SECTION: Consent clRiC;1NATINC, T)FPARTMEI~T' CITY MANAC'rFR NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY: NO. Department 2007 Budget Overtime Line DATE: 08/22/2007 DATE: #1020 BACKGROUND During the past three months, the Police Department took part in the Statewide Safe and Sober program. This program involved putting officers on our streets on overtime enforcing Driving While Intoxicated laws and the use of seatbelts. In August, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $1,577.61. The money was originally paid out of our 2007 Overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to paa-ticipate in this program are initially paid out of our 2007 Police Budget and because, 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 these funds moved back into our 2007 Police Department budget Line # 1020, Overtime from the General Fund. This will assist using continuing to take part in this program. RECOMMENDED MOTION: Move to transfer $1,577.61, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department 2007 Budget Line # 1020, Overtime. TMJ:kao 07-140 COUNCIL ACTION: 57 229427 Payee: 108367 COLUMBIA HEIGHTS POLICE DEPT Supplier Invoice No Date Remark 7977 7/1612007 2007 SAFE & SOBER Check No. - 229027 Check Date - 8/9!2007 PO Stab 1 of 1 Amount 1,577.61 1,577.61 PLEASE DETACH BEFORE DEPOSITING r ~~ ~~~~~~ WELLS FARGO BANK 229427 57•i COON RAPIDS, MN 55~t33 91Q `'~' ;;t'"'".,`""°_""' 00229027 ^'.i~'^ ~ CitpotCaonR+p~lAS NUMEER Illa~ Rutr4isw U;i '~~ Qxn Raphis. MY i3+37.3:61 761.755-TF~ pRX 743~.G7~6I91 DaTE 8/9/2007 'aMOUNT $*~'***1,577.61 ~8~~ dNE THOUSAND FIVE HUNDRED SEVENTY SEVEN AND 61/100***********~`'`'`*'~*~*~`~*~''~**~`~'******* TdTt~~ COLUMBIA HEIGI3'TS PQLICE DEPT o~DER 4F ty AUTNORiZED SIGNATURES il• ~ ~~® t ~'i Il" t:®~ ~®®®® 3~9~:0~ ~Q~ ~~s ~®~il°1 _ MencY: 2'007 SAFE c~ SUEEK uue: bity~ui aE~a~ r~en co.,t nn Columbia Hei hots Police Dept, tnnancea rairo~ ~.osi xvvrnsne~~ ~.~r., .,v ~ . s .- . ~ d B # Rate T O Hours x Rate Worker's Pay + Fringe Rate Per Rate x Miles NAME: ;~, PauE Bonestee! Lee Ukerstram Jason Piehn Gre Sinn a ge # 39 33 35 38 Hours 15.40 7.50 . . Per Hour 42.83 42.83 38.54 42.83 E uals Pa $642.38 $321.19 Medicare $9.31 $4.66 P.E.R.A. $67.45 $33.72 Com $27.37 $13.68 E uais Costs $746.54 $373.25 Mile* $0.445 $0.445 $0.445 $0.445 # Miles 65 50 E uals Cast $28.93 $22.25 Ter Ni htin ale Mike McGee 8 19 42.83 42.83 $0'445 $0.445 Ga Kaliestad 21 42.83 $4.445 Steve Korts Bill Schmidt Jae Sturdeuant Dale Sorensen Matt Markham 17 6 34 36 22 42.83 42.83 42.83 42.83 42.83 $0.445 $0.445 $0.445 $0.445 $4.445 Matt Aish Robert Harve 7 9 42.83 42.83 $0.445 $0.445 Jason Beckett Erik Johnston Daniel4e Hanl Diana Bu os 18 37 32 30 3.04 8.54 42.83 42.83 34.26 34.26 $102.78 $291.21 $1.49 $4.22 $14.79 $34.58 $4.38 $12.41 $119.44 $338.42 $0.445 $0.445 $0.445 $0.445 $0.445 20 54 $8.90 $22.25 $0.445 $4.445 $0.445 .___ $0.445 $0.445 ...~- $0.445 $0.445 $0.445 $0.445 $0.445 ,r $0.445 $0.445 $0.445 $fl.445 $0.445 $0.445 $4.445 $0.445 $0.445 4.445 Tatafs: --- 34.40 ~"~~i:~ .."s',.:~" ;~ $1,357.55 $99.68 $142.54 $57.83 tlcein $1,577.61 nefl nnrl ~rraakprl by $4.445 . S(tt. Ritt t-iam 185 $82.33 mes 6/512007 "tf an agency has nat computed their awn mileage rate, #hs state rate of $0.375 per mile can be used. CITY COUNCIL LETTER Meeting of: 8/17/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ACCEPTANCE OF PARK MASTER PLANS BY: K. Hansen AND AUTHOIRZATION TO PROCEED WITH DATE: 8/23(07 CONSTRUCTION PLANS FOR SULLIVAN LAKE PARK AND SILVER LAKE BEACH CITY MANAGER BY: DATE: Background: The City Council authorized staff to seek bids for the Silver Lake Beach picnic structure at the May 29`h regular meeting. The 2007 Parks Capital Improvement Budget has $215,000 established for Sullivan Lake Park for various improvements. The neighborhoods were invited to two regular Park and Recreation Commission meetings, one at Sullivan Lake Park in May and one at Silver Lake Beach in April, to review potential park. improvements and develop an overall park plan. Based upon Park & Recreation Commission, public and city staff input, the park planning firm of Brauer and Associates prepared park redevelopment plans for each park. with improvements identified for review. A summary sheet of the public input is attached. Analysis/Conclusions: During the planning process, existing conditions have been detailed that include aged facilities, poor spatial planning, poor spatial orientation and cohesiveness, ADA issues, not inviting, safety, vandalism, limited use structures, meeting demographic needs, lack passive use-age related. features (shelters, trails, green space), limited or no parking, drainage issues. The goal of master planning is to create inviting and inspiring park settings, well-planned layout, meet demographic needs (age & ethnic), meet ADA requirements in new facilities and park amenities, facility replacementlupdating, improve safety and security, develop funding alternatives, provide asset evaluation ,improve drainage and surface water quality, and define park landscaping. Brauer prepared two concept plans far each park that were developed following resident public meetings with the Park and Recreation Commission. These plans were made available on the City web site and at the City Library for further review. They include the following key elements: Sullivan Lake Park proposed recommendations: Playground equipment replacement Picnic shelter rehabilitation to address: complete roof replacement, concrete floor condition, roof height, steel. beam suppoii coiuilln diiierciitiai iTiovciiielit and aestiietiCS, sheitcr lig htirig, acid Sh Clter a,:,emties; OR r Shelter Replacement Remove pergolas/arbors Create a Sullivan Lake view shed Provide a trail. shift west Tennis court surface condition Parking Lot location and size i% Pathway and park lighting issues: fixtures, security/safety Landscaping Park signage/Ordinance signage Park Master Plans for Sullivan Lake Park and Silver Lake Park -Page 2 COUNCIL ACTION: 60 CITY COUNCIL LETTER Meeting o£ 8/17/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ACCEPTANCE OF PARK MASTER PLANS BY: K. Hansen AND AUTHOIRZATION TO PROCEED WITH DATE: 8/23/07 CONSTRUCTION PLANS FOR SULLIVAN LAKE PARK AND SILVER LAKE BEACH CITY MANAGER BY: DATE: Silver Lake Beach proposed recommendations: Y Picnic shelter replacement Reduce the Size of beach/ improve access Silver Lake water quality/rain garden Size of parking lot/access off cul-de-sac Trail access to Stinson and Silver Wood Improve Lighting/security v Volleyball area Y Landscaping Play equipment replacement i% Maintain existing Concession building. A Master Plan was then developed for each. park that considers comments from the public, Park and. Recreation Commission, along with staff. Based upon a recommendation of the Park and Recreation Commission., staff had an independent evaluation performed. on the Sullivan Lake Picnic Shelter, a copy of the report was distributed at the August 17`h Council work session. Buetow evaluated the existing condition and provided options that looked at evaluating the existing structure vs the cost of a new structure of similar capacity. The current structure, along with the playground equipment, is Iocated in what is now the narrowest portion of the park. Based upon the condition analysis and spatial orientation, staff is recomrnending,a new shelter with the possibility of salvaging the glu-lam timber beams for another shelter. The 2007 Park Capital Improvement Budget has $215,000 established for Sullivan Lake Park. Silver Lake has $30,000 established in 2007 for the replacement of the Picnic Shelter. The 2008 proposed Park Capital Improvement budget has $185,000 budgeted for Ramsdell Park (Not reviewed or adopted by the City Council). To accomplish the recommended improvement from the Silver Lake Tian, staff is requesting the consideration of the foiiowing: o Master Plan Ramsdell Park in 2608. o Reallocate 2008 Parks Capitai_ Improvements for Silver Lake Park, Approximately $800,000 is available in 2007 in Fund 412: Parks Capital Improvements. If authorized by the City Council, Improvements could begin 2007 with a completion date of May 2008. RECOMMENDED MOTION: Move to accept the Park Master Plan(s) prepared by Brauer and Associates and order the preparation of construction plans and specifications for Sullivan Lake Park and Silver Lake Park. Attachments: Park Master Plans (2) Summary of Public input COUNCIL ACT10N: 61 CITY COUNCIL LETTER Meeting of: 8/27/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL OF PROFESSIONAL SERVICES BY: K. Hansen BY: AGREEMENT WITH BRAVER AND ASSOCIATES FOR DATE: 8/23/07 DATE: ARCHITECTI7RAL CONSULTING FOR SttLLIVAN LAKE PARK Background: The 2007 Park Capital Improvement Budget has $215,000 established for capital improvements at Sullivan Lake Park. Staff has conducted Park Planning in 2007, including Park. & Recreation Commission review, public meetings and review and has developed a Master Plan for redevelopment. Analysis /Conclusions: The Master Park Plan. for Sullivan Lake Park includes the following specific elements: Sullivan Lake Park plan: - Playground equipment replacement. Y Shelter Replacement. Remove pergolas/arbors. Creation of a Sullivan Lake view shed. r Provide a trail shift west & add new trails. Construct new parking lot !remove existing. Tennis court resurfacing. Y Overall Site Landscaping. 'v Future Pier overlook. Staff requested proposals from two Architectural Firms with experience and background in park planning and structures for construction plan preparation, project bidding, and construction administration for Sullivan Lake Park as follows: Brauer and Associates: $20,000 Buetow and Associates: $22,500 Funding would be provided from the Park Development Fund. Recommended Motion: Move to approve the Professional Services Agreement with Brauer and Associates for Architectural consultant services for the design and construction phase of Park Improvements for Sullivan Lake Park in an amount not-to-exceed $20,000. KH: jb COUNCIL ACTION: s~ CITY cOUNCIL LETTER MEETING OF: AUGUST 27, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY NO: FINANCE MANAGER APPiZO V AL ITEM: RESOLUTION AUTHORIZING THE BY: WILL IAM ELRITE BY: EXECUTION AND DELIVERY OF A LEASE- PURCHASE AGREEMENT AND RELATED DATE: AUGUST 23, 2007 DOCUMENTS At the August 27`h EDA meeting the EDA authorized the sale of Public Facility Lease Revenue Bonds to fund the municipal iiquoi' stores project. The EDA also autl-~orized entering into the following agreements with the City of Columbia Heights. Ground Lease Between the City and the EDA: This document is an agreement between the City and the EDA whereby the City leases to the EDA the land that the City owns at 50`" and Central and 37`h and Hart where the new liquor stores are being built. Lease-Purchase Agreement Between the EDA and the City: Under this agreement the EDA leases the two new liquor stores back to the City for an annual lease payment that will cover the bond principal and interest. Under this agreement the City does have the right to terminate the lease at the end of any fiscal year. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-155, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-155 being a resolution authorizing the execution and delivery of aLease-Purchase Agreement and related documents. WE: sms 0&48233Cn(1NC'~T_ Attachments: Resolution No. 2007-155 Ground-Lease Agreement Lease Purchase Agreement COUNCIL ACTION: 66 CITY OF COLUMBIA HEIGHTS, MINNESOTA RE~OLU Tivi~T 1~T0. 2v~i7-ic~ RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Recitals. 1.01. The City is authorized by Minnesota Statutes, Section 465.71, as amended, to acquire real and personal property under alease-purchase agreement. 1.02. The City will lease the real property identified as on Exhibit A to the Lease (the "Sites") to the Columbia Heights Economic Development Authority (the "Authority") pursuant to a Ground Lease, dated as of September 1, 2007 (the "Ground Lease"). Simultaneously with. the execution and delivery of the Ground Lease, the City and the Authority will enter into aLease- Purchase Agreement (the "Lease") providing for the City's lease and purchase of the Sites and the Facilities (hereinafter° defined) from the Authority. 1.03. Pursuant to a Mortgage and Security Agreement and Trust Indenture, dated as of September 1, 2007, between the Authority and U.S. Bank National Association, as Trustee (the "Indenture"), the Authority will issue its $ Public Facility Lease Revenue Bonds (Municipal Liquor Stores Project), Series 2007B (the "Bonds"), to finance the construction and equipping of two municipal liquor stores on the Sites (the "Facilities"). 1.04. The Lease requires the City to make Lease Payments representing principal and interest on the Bonds during the term of the Lease, subject to the right of the Ciry at the end of any fiscal year to determine not to appropriate moneys for future Lease Payments. Upon payment of all Lease Payments, the Ground Lease and the Lease will terminate, and the Sites and Facilities will be the property of the City. 1.05. Forms of the Lease and Ground Lease have been. prepared and submitted to this Council and are on file with the City Administrator. Section 2. Findings. On the basis of information given the City to date, it is hereby found, determined and declared that: (a) It is desirable and in the best interests of the City to enter into the Ground Lease and the Lease. Lrror! C~nknown document property name. 67 (b) The teams of the Ground Lease and the Lease are found to be advantageous to the City and the form and terms thereof are hereby approved. (c) The Sites described in the Lease constitute essential government property, and the City presently intends to appropriate all Lease Payments under the Lease for the term of the Lease; however, the obligations of the City under the Lease are not to be payable from nor charged upon any funds of the City other than the funds appropriated annually to the payment thereof, and the Lease shall not constitute a charge, lien. or encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in the Sites under the Lease. Section 3. Authorization of Documents. The Mayor and the City Manager are authorized and directed to execute and deliver the Ground Lease, the Lease and other documents necessary or desirable in connection with the Ground Lease and the Lease, substantially in the forms on file, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The Mayor, the City Manager and other City officers are also authorized and directed to execute such other instruments as maybe required to give effect to the transactions herein contemplated. Section 4. Payment of Lease Payments. The City will pay to the Authority, as assigned to the Trustee under the Indenture, promptly when due, all of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each Fiscal Year during the team of the Lease, commencing with the Fiscal Year ending on December 31, 2008, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of Additional Lease Payments, and other amounts payable under the Lease, and will take all other actions necessary to provide moneys for the payment of the obligations of the City under the Lease from sources of the City lawfully available for the purpose. The agreement of the City in this Section is subject to the City's right to terminate the Lease at the end of any Fiscal. Year, as set forth in the Lease. Section /. Mrsceliar~evirs. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Authority, and to the attorneys approving the Lease, certified copies of all proceedings and records of the City relating to the power and authority of the City to enter into the Ground Lease and the Lease within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein. 5.02. Capitalized ternls used herein and defined in the Initial Lease or the Lease have the meanings given in the Initial Lease or the Lease. Errar! C~nknown document property name. 6$ The foregoing resolution was introduced by Member and seconded by Member . The following voted in favor of the resolution: The following voted against: The following were absent: Adopted: August 27, 2007. ATTEST: City Manager Error! hnknown doeuenenC property name. Mayor 69 GROUND LEASE Between CITY OF COLUMBIA HEIGHTS As Lessor and COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY As Lessee Dated as of September 1, 2007 This instrument was drafted by: KENNEDY & GRAVEN, CHARTERED (AJP) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612}337-9300 Error! unknown document property name. 70 THIS GROUND LEASE, dated as of September 1, 2007, by and between the CITY OF COLUMBIA. HEIGHTS, a home rule charter city and political subdivision of the State of T,T;,,,,A~l!11r~ lri,~ <:r;t~ "> as LeSSor a ~ t P C~'f1LTT1VIRTA ITEIC'THTC E(y(iN MiC' LY111111tnJVLU `UiL: lt~ ~, nu by O-'--= DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota (together with its successors and assigns as lessee hereunder, the "Authority"), as Lessee. WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I Demise Of Sites And Warranties Section 1.01. Demise. Subject to and upon the terms, conditions, covenants and undertakings hereinafter set forth, the City hereby leases and permits the use to, and the Authority hereby leases from the City, the property described in Exhibit A attached hereto, located in Anoka County, Minnesota (hereinafter called the "Sites"), subject to the reservation of easements described in Section 4.05 hereof. Section 1.02. Warranties. The City covenants and warrants to the Authority: (1) That the City has good and marketable title to the Sites, has authority to enter into, execute and deliver this Ground Lease, has duly authorized the execution and delivery of this Ground Lease and has duly executed and delivered this Ground Lease; (2) That the Sites are not subject to any dedication, easement, right-of--way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially lntel'fere With the CO11si111Ctlon OI Certaln munlC:lpal llt~uor store faeiiitieS (iiercillaftcr Cailcd uic "Facilities"} on the Sites, as contemplated by that certain Lease-Purchase Agreement by and between the City and the Authority of even date herewith (hereinafter called the "Lease"}; (3) That all taxes, assessments or impositions of any kind with respect to the Sites, except current taxes, have been paid in full; (4) That the Sites are properly zoned for the purpose of the Facilities; and (5) That the City has authority to enter into, execute and deliver the Lease, has duly authorized its execution and delivery, and has duly executed and delivered the Lease. Section 1.03. Environmental Covenants. To the best knowledge of the City, without conducting investigation, (i) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in oi- govel-ned by the provisions of any federal, state or Error? Unknown docuntcnt property name. 71 local law, statute, code, ordinance, regulation, requirement or rule relating thereto (collectively, "Environmental Regulations"), and also including ureaformaldehyde, polychlorinated biphenyls, achectnc~ acbectnc ~nntain~ng materialca nu~lPar fiiel nr wastP~ radioaStivP material; explosives; carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which. would subject the owner of the Sites and the Facilities to any damages, penalties or liabilities under any applicable Environmental Regulation (collectively, "Hazardous Substances"} are now or have been stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Sites or the Facilities in violation of any Environmental Regulation; (ii) no threat exists of a discharge, release or emission. of a Hazardous Substance upon or from the Sites into the environment; (iii) the Sites have not been used as or for a mine, a landfill, a dump or other disposal facility, an industrial or manufacturing facility, or a gasoline service station; (iv} no underground storage tank is located at the Sites or has previously been located therein but has been removed therefrom; (v) no violation of any Environmental Regulation now exists relating to the Sites or the Facilities, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Sites or the Facilities by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under, over or from the Sites, (viii) the Sites are not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix} the Sites are not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance. The City shall not store, locate, generate, produce, process, treat, transport, incoiporate, discharge, emit, release, deposit or dispose of any Hazardous Substance in, upon, undei°, over or froiTi the Sites oi' iilc FaC;iiitics iri `violation of any EnviraiuT`ientai P.eguiatior~, shall not pern7it any Hazardous Substance to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom in violation of any Environmental Regulation, shall cause all Hazardous Substances to be properly removed therefrom and properly disposed of in accordance with all applicable Environmental Regulations, and shall not install or pernlit to be installed any underground storage tank therein or thereunder in violation of any Environmental Regulations which are applicable to the Sites and the Facilities. In the event any Hazardous Substance is found upon, under, over or from the Sites or the Facilities in violation of any Enviroriinental Regulation or if any lien or claim for lien in favor of any governmental entity or agency as a result of any release of any Hazardous Substance is threatened, the City, at its sole cost and expense, shall, within ten days of such fording, deliver written notice thereof to the Authority and the Trustee (as defined in the Lease} and shall promptly remove such Hazardous Substances upon, under, aver oi• from the Sites or the Facilities and prevent Error? Unknown document property name. 72 the imposition of any liens against the Sites or the Facilities for the cleanup of any Hazardous Materials. Such removal shall be conducted and completed in compliance with all applicable ~ .7..« 1 +,.+.. .7 1,,.,..1 1 1.,4~l.+..~ ron `Ii ac n~ nn~~niac i accordannce :=.~rth th leuCl GLl, JlalG ailu 1V1.a1 to W'J, regutal2vti~, iu1~J, or uinar'iC ~.o uuu Yvarvav.~, n e orders and directives of all federal, state and local governmental authorities. In the event the City has not removed such Hazardous Substances within a time period deemed reasonable by the Trustee, the City shall, at the written direction of the Trustee, take such remedial action as the Trustee shall direct. In the event the City shall not comply with the written directions of the Trustee within the time frame established within its written directions, the City hereby grants to the Authority and the Trustee an irrevocable license to remove Hazardous Substances from, repair, clean up, and detoxify the Sites and the Facilities and agrees to reimburse the Authority and the Trustee for all of their costs therefor. The City reserves the right to recover from responsible third parties all costs or reimbursements paid by the City under this Section 1.03. The City further agrees, to the extent permitted by Minnesota law, to reimburse the Authority and the Trustee for any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including court costs and attorneys' fees directly or indirectly incurred by the Authority and the Trustee (prior to trial, at trial and on appeal) in any action against or involving the Authority or the Trustee, resulting from any breach of the foregoing covenants, or from the discovery of any Hazardous Substance, in, upon, under or over, or emanating from the Sites or the Facilities, whether or not the City is responsible therefor, it being the intent of the City, the Authority and the Trustee that the Authority and the Trustee shall have no liability or responsibility for damage or injury to human health, the environment or natural resources caused by, for abatement and/or clean up of, or otherwise with respect to, Hazardous Substances by virtue of the interests of the Authority and the Trustee in the Sites and the Facilities pursuant to this Ground Lease, or hereafter created, or as the result of the Authority or the Trustee exercising any of its or their rights or remedies with respect thereto hereunder or under any other instrument, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties and covenants of this Section shall be deemed continuing covenants, representations and warranties for the benefit of the Authority and the Trustee, including but not limited to any purchaser at a foreclosw-e sale, any transferee of the title of the Trustee or any other purchaser at a foreclosure sale, and any subsequent owner of the Sites or the Facilities, and shall survive the satisfaction. or release of t'nis Ground Lease, any foreciosure of a rnorigage iieii under the Indenture or any other instrument, and/or any acquisition of title to the Sites or the Facilities or any part thereof by the Authority or the Trustee, by deed in lieu of foreclosure of otherwise. Any amounts covered by the foregoing shall bear interest from the date incurred at the maximum rate permitted by law and shall be payable on demand. ARTICLE II Term And Rent Section 2.01. Term. The teen of this Ground Lease shall commence as of the day and year first above written, and shall end on the date the term. of this Ground Lease is terminated in accordance with Section 3.01 hereof. Error! Unknown document property name. 3 73 Section 2.02. Rent. The rent for the entire term of this Ground Lease shall be One Dollar ($1.00), payable in one installment in advance on the Closing Date, as defined. in the Lease. ARTICLE III Termination Section 3.01. Ternnation. Subject to the other provisions of this Ground Lease, this Ground Lease shall terminate upon the occurrence of any one of the following events: (1) The earlier of September 1, 2057 or the date on which the City has paid all Lease Payments owing by the City as lessee under the Lease. (2) The exercise by the City of its option to prepay the Lease Payments and all other sums due in accordance with the teams and conditions of the Lease. (3) The termination of the Lease Term by the City for nonappropriation pursuant to Section 5.6 of the Lease and the receipt by the Authority of amounts from the sublease or other disposition of the Authority's interest in the Sites and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the termination of the Lease Term and the sublease or sale of the Authority's interest in the Sites and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner incurred by the Authority with respect to preparing the Sites and the Facilities for sublease for commercial or other lawful purposes (as used in this Ground Lease, the right to sublease the Sites includes the right to sell all leasehold interests in the Sites); and (c) Puy to the A'athor2~,' the unpaid pr~.nc.pal of and interest on the Bonds described in the Lease. (~+) The termination of the Lease Term upon the occurrence of an Event of Default by the City under Article X of the Lease and the receipt by the Authority of amounts from the sublease or sale of the Authority's interest in the Sites and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the Event of Default and the termination of the Lease and the sublease or sale of the Authority's interest in the Sites and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner izlcuz-red by the Authority with respect to prepa~7ng the Sites and the Facilities for sublease for commercial or other lawful purposes; and Error! Unknown document property name. 74 (c) Pay to the Authority the unpaid principal of and interest on the Bonds l1liJ~.11. V VU 111 lllt. L~+UJ~. The amounts referred to in paragraphs (a), (b) and (c) of Subsection 3.01(3} or 3.01(4), as applicable, are hereinafter referred to as the "Reimbursement Amount." Section 3.02. Use of Revenues. After termination of the Team of the Lease by the City because of nonappropriation pursuant to Section 5.6 of the Lease or termination of the Term of the Lease upon the occurrence of an Event of Default under Article X of the Lease, revenues received by the Authority from the Sites and the Facilities as contemplated in Subsection 3.01(3) or 3.01(4) shall be applied as follows: FIRST An amount thereof equal to ongoing administrative costs and costs of operation of the Sites and the Facilities may be retained by the Authority; SECOND An amount thereof equal to interest on the outstanding Reimbursement Amount at the rate of 3.0 percent per annum may be retained by the Authority; and THIRD Any remaining amount thereof shall be retained by the Authority and credited to the payment of the Reimbursement Amount. Use of the Sites and the Facilities by the Authority or any affiliate of the Authority, other than for the purpose of assuming control, making any necessary changes in the Sites or the Facilities, and the initial. subleasing thereof, shall be treated as the sublease thereof on a monthly basis at the then cturent monthly value. Section 3.03. Reports. In the event that the Term of the Lease is terminated by the City because of nonappropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the Authority shall keep complete and accurate records regarding any sublease of the Sites and the racilities and shall, wtlii~i sixty days after the end of each Fiscal Year of the City, deliver a written report to the City showing: (a) all amounts received by the Authority from any sublease of the Sites and the Facilities; (b) an analysis as to whether the Authority has received the Reimbursement Amount, with all supporting calculations; and (c) the date, if any, during the next Fiscal Year of the City on which the Authority expects to receive the Reimbursement Amount. Such written report shall be verified by a certified public accountant or fum of certified public accountants not in the regular employ of the Authority. The City shall have the right, at its awn expense, to examine all of the Authority's records insofar as they relate to the Sites and the Facilities. Such examination shall be made at the Authority's offices during normal business hours. Section 3.04. City s Option to Pay Reimbursement Amount. In the event that the Lease Term is tennulated by the City because of nonappropriation puursuant to Section 5.6 of the Lease or terminated by the Authoa-ity as a result of the occurrence of an Event of Default by the City thereunder, the unpaid balance of the Reimbursement Amount and any other payment required Error? Unknown document property name. 75 under Section 3.02 hereof may be paid by the City at any time. Upon such payment, this Ground Lease and the Authority's interest in the Sites and the Facilities shall terminate; provided, that if the Author:tj''3 interest in the CitP3 nr the Facilities hoe bPeTr ci~bleased tp anv sublessee nursuarit to any sublease that is still in effect, this Ground Lease shall not terminate, but the Authority shall assign and set over to the City all of the Authority's interest in the Sites and the Facilities granted under this Ground Lease, subject to all existing rights created in the Sites and the Facilities by all such subleases, and the City shall be entitled to all rent payments with respect to any subleases of the Sites and the Facilities. Section 3.05. Effect of Termination of Lease. In the event that the Lease Term is terminated by the City because of nonappropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occun-ence of an Event of Default by the City thereunder, the City shall have no continuing obligation under this Ground Lease after such termination, other than to continue to allow the Authority or the Trustee to continue to use and enjoy the Sites and the Facilities as provided herein. ARTICLE IV Use Of Sites; Additional Covenants Section 4.01. Use. The Authority shall not use or permit the use of the Sites for any unlawful purpose. Section 4.02. Quiet Enjoyment. The City covenants that upon the Authority's paying the rent reserved herein, and performing all conditions and covenants set forth in this Ground Lease and the Lease, the Authority shall and may peaceably have, hold and. enjoy the Sites for the term of this Ground Lease. The Authority covenants that upon expiration of this Ground Lease, it shall give the City peaceable possession of the Sites, together with the Facilities and any other improvements constructed thereon pursuant to the Lease. Section 4.03. Assrgzrment acrd Su'oleilrri~. T11e Autl°iorrty s~iaii Piave the rigl'it to assign its interest in this Ground Lease, and to sublet the Sites in accordance with the Lease. Specifically, on the date of execution of this Ground Lease, the Authority shall assign all of its right, title and interest hereunder to the 'T'rustee named in the Lease, and the City hereby consents to such assignment. From and after such assignment, all references herein to the Authority shall be deemed to be references to the Trustee. Section 4.04. Additional Covenants. In the event that any person or entity, however organized (other than the Authority or any assignee of the Authority), shall be determined to hold any interest other than an easement that in any mariner affects the City's good and marketable title to the Sites, the City shall use its best efforts to acquire the interest so held, such acquisition to be made at the City's sole cost and expense. The City hereby agrees to save and keep harmless the Authority, ar any assignee of the Authority, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees, but only in the event that litigation is actually cornrnenced by the Authority} of whatever kind and Error° Unknown dactEment property name. 6 76 nature, imposed on, incurred by or asserted against the Authority, or any assignee of the Authority, that in any way relate to or arise out of the assertion of any interest affecting the City's good and merchantable title to the CitP3 by any nPrcnn nr entity hnez~ever r~raanizerl (nthPr than t1ZP AtithnritV or any assignee of the Authority). Section 4.05. Reservation of Easement. The City expressly reserves easements over, under, across and through the Sites, for access, parking and utility purposes, for the benefit of the property excepted from the description of the Sites in Exhibit A hereto. Such easement shall include the continuing right to use all driveway, walkway, access, parking and utility improvements and facilities presently located on or under the Sites and the right to maintain, repair and replace such improvements and facilities. ARTICLE V Miscellaneous Section 5.01. Binding Effect. This Ground Lease shall be binding upon, and inure to the benefit of, the parties hereto, and their successors and assigns. Section 5.02. Certain Defined Terms. Unless the context hereof clearly requires otherwise, capitalized teams used in this Ground Lease and defined in the Lease are used herein with the same meanings as set forth in the Lease. (The remainder of this page is intentionally left blank.) Error! Unknown document property name. 77 IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease as of the date first above written. MINNESOTA STATE OF MINNESOTA ss COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS, By Its Mayor By Its City Manager The foregoing instrument was acknowledged before me this day of September, 2007 by Gaiy L. Peterson, the Mayor of the City of Columbia Heights, Minnesota Authority, a home rule charter city and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public STATE OF 1~~IA~dESOTA ss COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of September, 2007 by Walter R. Fehst, the City Manager of the City of Columbia Heights, Minnesota, a home rule charter city and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public Error! E~nkno~wn doeunyen~ property Fume. 7$ COLi.)MBIA HEIGHTS ECONOMIC REDEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ss COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of September, 2007 by Gary L. Peterson, the President of the Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public STATE OF MINNESOTA ss COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of September, 2007 by Walter R Fehst, the Executive Director of the Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public Error! Unknown document property Hoene. 79 EXHIBIT A LEGAL DESCRIPTIONS OF SITES 37th Avenue Liquor Store: Lots 2 and 2A, Block 1, Hart Lake Addition, according to the plat thereof on f le in the Office of the Registrar of Titles and the Office of the County Recorder in and for Anoka County, Minnesota Lot 2, Block 1 is registered property Central Avenue Liquor Store: Lot 19, Revised Auditor's Subdivision No. 15, according to the plat thereof on file in the Office of the Registrar of Titles and the Office of the County Recorder in and for Anoka County, Minnesota Error! linkntrss~n dot nment property name. $Q LEASE-PURCHASE AGREEMENT between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY as Lessor and CITY OF COLUMBIA HEIGHTS as Lessee Dated as of September 1, 200"7 This instrument drafted by: KENNEDY 8~ GRAVEN, Chartered (AJP} 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612}337-9300 Frrorl Cini:norvn document property name. $1 TABLE OF CONTENTS Page PARTIES AND RECITALS ...................................................................................................................1 ARTICLE I Definitions and Exhibits Section 1.1. Definitions .......................................................................................................................2 Section 1.2. Exlribits ............................................................................................................................5 ARTICLE II Representations, Covenants and Warranties Section 2.1 Representations, Covenants and Warranties of the City ............................................... 6 Section 2.2. Representations, Covenants and Warranties of the Authority ...................................... 7 ARTICLE III Acquisition and Construction of Facilities; Payment of Project Costs Section 3.1. Project Costs .................................................................................................................... 8 Section 3.2. Acquisition and Construction of Facilities; Payment of Cost ....................................... 8 Section 3.3. City to Provide Title Insurance ...................................................................................... 9 ARTICLE IV Sale and Lease of Facilities Section 4.1. Lease and Sale of Facilities .......................................................................................... 10 Section 4.2. "Lease Payments ............................................................................................................. 1 t; Section 4.3. Additional Lease Payments .......................................................................................... 10 Section 4.4. Source of Lease Payments ............................................................................................ l l Section 4.5. City's Obligations and Remedies ................................................................................. l l Section 4.6. Possession and Enjoyment ........................................................................................... 12 Section 4.7. Authority Access to Sites and Facilities ...................................................................... 12 ARTICLE V Term of Lease; Transfer or Surrender of Sites and Facilifies Section 5.1. Lease Term ....................................................................................................................13 Section 5.2. Termination of Lease Term ..........................................................................................13 Section 5.3. Authority's Interest in the Sites and Facilities .............................................................13 Section 5.4. Surrender of Sites and Facilities ...................................................................................13 Section 5.5. Purchase; Conveyance of Title .....................................................................................13 Error! Pnknovvn document property name. i 82 Section 5.6. Nan-Appropriation .......................................................................................................14 Sevt2an 4 7 T,.te:2t to (`'nntini.;e Term; Aprnrapriatinnc .................................................................... 1Q. Section 5.8. Effect of Terminatian ...................................................................................................14 ARTICLE VI General Matters Section 6.1. Use; Permits .................................................................................................................. 15 Section 6.2. Maintenance and Modification of Facilities by the City ............................................. 15 Section 6.3. Taxes, Other Governmental Charges and Utility Charges .......................................... 16 Section 6.4. Liens .............................................................................................................................. 16 Section 6.5. Easements ...................................................................................................................... 16 Section 6.6. Addition and Substitution of Land ............................................................................... 17 Section 6.7. Compliance with Indenture .......................................................................................... 17 Section 6.8. Tax Covenants .............................................................................................................. 18 Section 6.9. Financial Statements ..................................................................................................... 18 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance ........................................................................................................ 19 Section 7.2. Property Insurance ........................................................................................................ 19 Section 7.3. Administration of Claims ............................................................................................. 19 Section 7.4. Other Insurance and Requirements for All Insurance ................................................. 19 Section 7.5. Indemnification ............................................................................................................. 20 Section 7.6. Hazardous Substance Indemnification ......................................................................... 20 Section 7.7. Damage, Destruction and Condemnation .................................................................... 21 Section 7.8. Insufficiency of Net Proceeds ...................................................................................... 21 Section 7.9. Cooperation of Authority ............................................................................................. 22 Section 7.10. Condemnation of viper Praperty Owned by the Ciiy ................................................. 22 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay .......................................................................................23 Section 8.2. Exercise of Option ........................................................................................................23 Section 8.3. Provision for Payment of Purchase Price; Discharge of City's Obligation ...............23 Section 8.4 Pa-erequisite; No Default ............................................................................................... 23 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1, Assignment by Author•ity ............................................................................................. 24 Section 9.2. Assignment and Subleasing by the City ...................................................................... 24 Error! ~inknawu document property name. 11 83 Section 9.3. Restriction on Mortgage ar Sale of Project by the City ..............................................24 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Delined ............................................................................................25 Section 10.2. Remedies on Default .....................................................................................................26 Section 10.3. Delay; Notice ................................................................................................................26 Section 10.4. No Remedy Exclusive ..................................................................................................26 Section 10.5. No Additional Waiver Implied by One Waiver ..........................................................26 ARTICLE XI Administrative Provisions Section 11.1. Notices ...........................................................................................................................27 Section 11.2. Binding Effect ............................................................................................................... 27 Section 11.3. Separability ....................................................................................................................27 Section 11.4. Amendments, Changes and Modifications ..................................................................27 Section 11.5. Further Assurances and Corrective Instruments .........................................................27 Section 11.6. Execution in Counterparts ............................................................................................28 Section 11.7. Applicable Law .............................................................................................................28 Section 11.8. Authorized Officers ......................................................................................................28 Section 11.9. Captions .........................................................................................................................28 SIGNATURES .......................................................................................................................................29 EXHIBIT A ..........................................................................................................................................A-1 EXHIBIT B ...........................................................................................................................................B-1 EXHIBIT C ...........................................................................................................................................C-1 Error! E nl:nown document property name. iii 84 THIS LEASE-PURCHASE AGREEMENT, dated as of September 1, 2007 (the "Lease"}, by grid veiwecn fire Cvi.Ulv'I~iiiA HEiGHT,cs E~r..ONO viiC DE ~'ELOPI~~EI`1T nT~TTI-IORTT'Y, a public body corporate and politic and political subdivision of the State of Minnesota, as lessor (the "Authority"), and the CITY OF COLUMBIA HEIGHTS, a home rule charter city and political subdivision of the State of Minnesota (the "City"), as lessee; WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 465.71, as amended, the City is authorized by law to acquire such items of real and personal property as are needed to carry out its governmental and proprietary functions, and to acquire such real and personal property by entering into lease-purchase agreements; and WHEREAS, the City has determined that it is necessary for it to acquire pwsuant to this Lease the Authority's interest in certain real property described on Exhibit A hereto (the "Sites"), together with certain buildings, structures and. improvements to be constructed thereon, and certain equipment to be contained therein (the "Facilities"); and WHEREAS, the development of the Sites and the Facilities is consistent with and furthers the economic development functions of the Authority; and WHEREAS, the Authority is willing to acquire a leasehold interest in the Sites pursuant to a Ground Lease, dated as of September 1, 2007 (the "Ground Lease") from the City to the Authority and to acquire title to the Facilities and to lease and sell the Sites and the Facilities to the City, pursuant to this Lease; and WHEREAS, to provide funds for the acquisition and construction of the Facilities, the Authority will issue its $ Columbia Heights Economic Development Authority Public Facility Lease Revenue Bonds, Series 2007B (Municipal Liquor Stores Project) (the "Series 2007B Bonds"), pursuant to a Mortgage and Security Agreement and Trust Indenture, dated as of September 1, 2007 (the "Indenture"}, between the Authority and U.S. Bank National Association, St. Paul, Minnesota, as trustee (the "Trustee"}; aild WHEREAS, pursuant to the Indenture the Authority will assign and mortgage to the Trustee all of the Authority's right, title and interest in and to the Sites, the Facilities, the Ground Lease, this Lease and the Lease Payments to be made hereunder (other than certain rights to indemnification and payment of expenses of the Authority); NOW, THEREFORE, in the joint and mutual. exercise of their powers, and in consideration of the mutual. covenants herein contained, the paa-ties hereto recite and agree as follows: Error? Lnknocvn documeut property narcae. 85 ARTICLE I Definitions and Exhibits Section. 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease and Exhibits attached hereto, have the meanings herein specified: hereof. "Additional Lease Payments" means payments due from the City pursuant to Section 4.3 "Authority" means the Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, and its successors and assigns as lessor hereunder. "Authorized Officer," when used with respect to the City, means its Mayor, its City Manager, its Finance Director, its Assistant Finance Director or any other person who is designated in writing by the City as an Authorized Officer for purposes of this Lease, and when used with respect to the Authority means its Executive Director, Assistant Treasurer, or any other person who is designated in writing by the Authority as an Authorized Officer for purposes of this Lease. "Bond Counsel" means any attorney or law firm. having a national reputation as bond counsel in connection with. the issuance of state and local governmental obligations and appointed by the Authority as bond counsel. "Bonds" means the Series 20078 Bonds and any Additional Bonds issued pursuant to the Indenture. "Business Day" means any day on which the Trustee is open far business. "City" means the City of Columbia Heights, a home rule charter city and political subdivision of the State of Minnesota, and any successor to its functions. "City Council" means the City Council of the City and any successor as governing bady of the City. "Closing Date" means the date upon which the Bonds of any series are delivered to the Original Purchaser (as defined in the Indenture) against payment therefor. The Closing Date for the Series 20078 Bonds is September 19, 2007. "Completion Date" means the date of completion of construction of the Improvements and acquisition of the Facilities, established in accordance with Section 3.2(e) hereof. "Costs of Issuance" means all fees and expenses incurred by the City and the Authority in connection with the execution and delivery of the Lease and the issuance of the Bonds, Error! Linknawn document property name. 86 including, but not limited to, costs of preparing and printing the Bonds, this Lease, the Ground T _ ..t__ T__.]_~~____ +L .. llFl: .....1 C+,.+.............+..,.7 ..+:.... ,. +.. +1.,, ~...-..a ~. .. rl «o~n+a.~ .ann•~re~ar~tc~ ~n`'r~~ LGASC, L11G 111UG11LUl c, tllc 1J 111G1[il JtQlclllcllt tclatitlb' w u1c uvuu~, auu i~.iu wu uv~uua~.uw, •v~ui fees (including, without limitation, those of Bond Counsel, counsel to the Trustee, the Authority, the City and the Insurer); recording fees and title insurance premiums; Rating Agency fees; financial advisor's fees; and the Trustee's initial fees. ``Facilities" means any buildings, structures and improvements to be constructed on the Sites, and all furniture, fixtures and equipment to be acquired with proceeds of sale of the Bonds and located thereon. "Fiscal Year" means the twelve-month fiscal period of the City, which commences on January 1 and ends on December 31 of each year. "Ground Lease" means the Ground Lease, dated as of September 1, 2007, by which the City Leases the Sites to the Authority, as amended or supplemented from time to tune. "Improvements" means any addition, enlargement, improvement, extension or alteration of or to the Facilities as they then exist, and also means any fixtures, structures or other facilities (other than the Facilities) acquired or constructed by the City and located on the Sites. "Indenture" means the Mortgage and Security Agreement and Trust Indenture dated as of September 1, 2007, by and between the Authority and the Trustee, and any amendments or supplements thereto. "Independent," when used with reference to an attorney, engineer, architect, certified public accountant, consultant or other professional person, means a person who (i) is in fact independent, (ii) does not have any material financial interest in the City or the transaction to which such person's Certificate or opinion relates (other than payment to be received for professional services rendered), and (iii) is not connected with the Authority or the City as an officer, director or employee. "lndependent Counsel" means an lndependent attorney duly admitted to practice iaw before the highest court of any state. "Insurer" means its successors and assi s. "Interest Payment Date" means August 1, 2008 and each February 1 and August 1 thereafter until the Series 2007B Bonds are paid in full. "Internal. Revenue Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. "Lease" means this Lease-Purchase Agreement, between the Authority, as lessor, and the City, as lessee, as amended or supplemented from time to time. "Lease Payment" means each of the payments due from the City to the Authority on each Lease Payment Date during the Term of this Lease, as spawn on Exhibit B. E;rrorY ~7nknown docun~~eni property name. ~ 87 c<T ,. ,. D... ,.... ..-.t Tl..+.,~~ .+. <. tl.a .a n+n . :~l-~+n lz n ~ T nnea Ao~~m ant is ~ilP an~ na~~~~t~P AC LGasG 1 0.ylllellt LRII+ 111ea11J lllV llGity UpVil Vv111Ni1 uil_y 1~.J~1~., a uy~,~..aa~ ..~ u............ t,...,w.~,.., ...., provided in Exhibit B. "Net Proceeds," when used with respect to proceeds of insurance or a condemnation award, means money received or receivable by the City, as owner or as lessee hereunder, or the Trustee, as lessee under the Ground Lease or as secured party, of the Sites or the Facilities, less the cost of recovery (including attorneys' fees) of such money from the insuring company or the condemning authority. "Owner" means the registered owner of any Outstanding Bond. "Permitted Encumbrances" means, as of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to provisions of Section 6.3 hereof, permit to remain unpaid, (ii) the Ground Lease, this Lease and amendments hereto or thereto, (iii) the Authority's and the Trustee's interest u~ the Facilities, (iv) any mechanic's, laborer's, materiahnen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, (v) such minor defects, irregularities, encumbrances, easements, rights-of--way and clouds on title as normally exist with respect to properties similar in character to the Sites and which do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was intended, and (vi) easements, restrictions or encumbrances, if any, shown on Exhibit A hereto. "Project" means the acquisition, construction and equipping of two municipal liquor stores to be located at 50th Street and Central Avenue and 37th Street and Hart Avenue within the City. "Project Costs" means the costs defined in Section 4.03 of the Indenture. "Purchase Price" means, with respect to any date, cash or obligations of or guaranteed by the United. States of America maturing at such times and in such amounts as to provide for the full and timely payment of ali interest and premium, if any, on and principai of the Outstanding Bonds to maturity or an earlier redemption date, if applicable. The City shall be entitled to credit against the Purchase Price the amount of any money then held by the Trustee under the Indenture and available for the payment of the Outstanding Bonds. "Record Date" means the 15th day of the calendar month next preceding any Interest Payment Date, regardless whether such day is a Business Day. "Reserve Fund" means the Reserve Fund established under Section 5.02 of the Indenture. "Reserve Requirement" means the least of (i) 10 percent of the original principal amount of all series of Outstanding Bonds or (ii) the maximum principal and interest to become due on all Outstanding Bonds in the ciu•rent year or any futwe year or (iii} 125% of the original average annual principal and interest to become due on all series of Outstanding Bonds. Error°. i!nknawn document pa-operty name. 4 $8 "Series 2007B Bonds" meattns the $ Columbia Heights Economic T~PVP1fJp Yl'1Prlt /~11th[ll'ItV Pllbll(: ~''a(_ill~ L.eaCe RP.VPY111e Bnnds~ ~enec 2t10'7B (Mtani~ipal L.tcn7nr Stores Project), originally issued pursuant to the Indenture. "Sites" means the real property described in Exhibit A hereto, including any property added to or substituted for any portion of the Sites, and less any real property released from this Lease pursuant to Article VI hereof. "State" means the State of Minnesota. "State and Federal Laws" means the Constitution and any law of the State and any ordinance, rule or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or regulation of any executive department or federal agency. "Term" means the period during which this Lease may remain in effect as specified in Section 5.1. "Trustee" means U.S. Bank National Association, Saint Paul, Minnesota, and its successors and assigns as Trustee under the Indenture. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease: Exhibit A: A legal description of the Sites and Facilities being leased and purchased by the City pursuant to this Lease, and a listing of Permitted Encumbrances. Exhibit B: The date and amount of each Lease Payment coming due during the Lease Term. Exhibit C: The form of completion certificate to be delivered by the City to cvidcrlCc the Cuiilplctioii 1''iatc. (The remainder of this page is intentionally left blank.) ErrErrt ~~nknown doceiralent pcc~periy mame. 5 89 ARTICLE II Representations, Covenants and Warranties Section 2.1. Representations Covenants and Warranties of the City. The City represents, covenants and warrants as follows: (a) The City is authorized under the Constitution and laws of the State of Minnesota to enter into this Lease and the transactions contemplated hereby, and to perform alI of its obligations hereunder. (b} Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the teams and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the City, or upon the Sites and the Facilities except Permitted Encumbrances. (c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, Section 465.71, as amended. (d) The officers of the City executing this Lease have been duly authorized to do so. (e) The City will not pledge, mortgage or assign this Lease, or its rights, duties and obligations hereunder to any other person, fnm or corporation except as provided under the terms of this Lease. (f) Subject to the City's rights under Section 5.6 hereof, the Facilities will be used until the Bonds have all been paid primarily to carry out the essential. governmental or proprietary purposes of the City. (g) Subject to the provisions of Section 5.6 hereof, the City administration will include in the annual budget of the City submitted to the City Council, for each Fiscal Year during the Lease Term, money sufficient to pay and for the purpose of paying all Lease Payments and Additional Lease Payments and other obligations of the City under this Lease, and for this purpose the City will make a reasonable estunate of Additional Lease Payments to become due in the next Fiscal Year, and will take all other actions necessary to provide money for the payment of the obligations of the City under this Lease from sources of the City lawfully available for this purpose. (h) Except to the extent specifically provided. herein, the City is not obligated to appropriate or otherwise provide money for the payment of the Lease Payments or any other Errorf tJnl:nown docnenent praperty name. 6 90 amounts coming due hereunder; and in the event ofnon-appropriation or non-renewal by the (~';+.. t)•.n ('; to 1-+017 nt hP 19.]~iP fnr (TPYIPra~ ~»P(`t al un~ydP~tal r`nTiCP I7P1'1t7A1 QY nth P,Y ..icy, ut~. `icy siiuu nv~ vv iauvi~. vi b.......~.~, t.....,~..., , q»......»_ damages resulting therefrom. This Lease does not constitute a general obligation of the City, and the full faith and credit and taxing powers of the City are not pledged for the payment of the Lease Payments or other amounts coming due, or other actions required to be performed, hereunder. (i) The City hereby declares its current need for the Facilities. The City has determined that the Lease Payments and Additional Lease Payments hereunder during the Lease Term represent the fair value of the use of the Facilities, and that the Purchase Price represents the fair purchase pi°ice of the Facilities. The City hereby determines that the Lease Payments and Additional Lease Payments do not exceed a reasonable amount so as to place the City under an economic compulsion to renew this Lease or to exercise its option to purchase the Facilities hereunder. In making such determinations the City has given consideration to the costs of the Facilities, the uses and purposes for which the Facilities will be employed by the City, the benefit to the City by reason of the acquisition of the Facilities pursuant to the terms and provisions of this Lease and the City's option to purchase the Facilities. The City hereby determines and declares that the acquisition of the Facilities and the leasing of the Facilities pursuant to this Lease will result in facilities of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition of the Facilities were performed by the City other than pursuant to this Lease. The City hereby determines and declares that the period during which the City has an option to purchase the Facilities (i.e., the Term of this Lease) does not exceed the useful life of the Facilities. Section 2.2. Representations Covenants and Warranties of the Authority. The Authority represents, covenants and wai7ants as follows: (a) The Authority is a public body corporate and politic and political subdivision of the State of Minnesota; has power to enter into this Lease; is possessed of full power to own and hold rear and personal property, and to sell the same; and has duly autlioiized the execution and delivery of this Lease. (b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Authority is now a party or by which the Authority is bound, constitutes a default under any of the foregoing, or results in the creation or imposition. of any lien, charge or encumbrance whatsoever upon any of the plopel•ty or assets of the Authority, or upon the Sites and the Facilities except Permitted Encumbrances• Error? 0_',nkno~v~s doccccnent property ¢~mene. '~ 91 ARTICLE III Acquisition and Construction of Facilities; Payment of Project Costs Section 3.1. Protect Costs. The City has caused estimates of the Project Costs of the Facilities to be prepared, which estimates have been reviewed and approved by the Authority. Based on such estimates, the total Project Costs are estimated to be not less than $6,307,783.75. In order to provide the money needed to pay the Project Costs when due, and in consideration of the actions agreed to be performed by the City under this Lease, the Authority has entered into the Indenture, pursuant to which the proceeds of sale of the Series 2007B Bonds in the amount of $ (including airy premium in the purchase price paid by the Original Purchaser) will be deposited in the Bond Fund and the Project Fund and applied as provided in the Indenture. Section 3.2. Acquisition and Construction of Facilities; Payment of Costs. (a) The Authority shall establish the Project Fund with the Trustee in accordance with the Indenture. A portion of the proceeds of the issuance and sale of the Bonds shall be deposited into the Project Fund, in accordance with the provisions of the Indenture. (b) The Authority shall cause the Improvements to be completed and the remainder of the Facilities to be acquired with all reasonable dispatch. The Authority hereby appoints the City as its agent far the purpose of construction of the Improvements and the City may perform the same itself or through its agents, and may make or issue such contracts, orders, receipts and instructions, and in general do or cause to be done all such other things as it may consider requisite or advisable for the completion of the Improvements and for fulfilling its obligations under this Article. The City shall have full authority and the sole right under this Lease to supervise and control, directly or indirectly, all aspects of the construction of the Improvements and the acquisition of the remainder of the Facilities. The money on deposit in the Project Fund shall be applied by the Trustee as provided in this Section and as otherwise provided in Article IV of the Indenture. Until the money on deposit in the Project Fund is so applied, such money shall be subject to the lien of the Indenture, and the Authority and the City shall have no right, title or interest therein except as expressly provided in this Lease and the Indenture. (c} Disbursements fiom the Project Fund are to be made to the City or to its order in accordance with the Indenture; provided that requests for disbursements with respect to Costs of Issuance shall be made in accordance with paragraph (f) of this Section. (d) If the money in the Project Fund, together with any other money made available to pay the Project Costs, shall not be sufficient to pay the Project Casts in full, then the City shall pay all that portion of the Project Costs in excess of the money available therefor-. If the City shall make any payments pursuant to this paragraph (d), it shall not be entitled to any reimbursement therefor Error! Unknown doenment property name. 92 from the Authority, the Trustee or the Owners of the Bands, nor shall it be entitled to any ~''--__ ~ F tl.,, t ~ 41~n T ahcn T>~crmantc the Atjdi+io::al LPaCP Uli11ll1Ut1o11 lil or posl~/ollellienl of tic payiiieiu of ui~. a.a,.u~~ ~ uy iuviiw, Payments or the payment of any other amounts payable under this Lease. (e) The Completion Date shall be the date on which the Improvements are completed in their entirety and ready to be placed in service and all other property which constitutes the Facilities has been acquired and installed, all as determined by the City. Promptly after the Completion Date, the City shall submit to the Authority, the Trustee and the Insurer a certificate signed by an officer of the City, substantially in the form of Exhibit C hereto, which shall. specify the Completion Date and shall state that construction and acquisition of the Facilities has been completed and the Project Costs have been paid, except for any portion thereof which has been intoned but is not then due and payable, or the liability for the payment of which is being contested or disputed by the City, and for the payment of which the Trustee is directed to retain specified amounts of money within the Project Fund. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date thereof or which may subsequently come into being. The certificate as to the Completion Date shall include a list of the equipment financed with proceeds of the Series 2007B Bonds and included as part of the Facilities. (f) The City shall be entitled to withdraw money from the Project Fund in payment of any item constituting a Cost of Issuance, by furnishing the Trustee a certificate and order to pay such costs, in the form required by the Indenture, on or after the Closing Date. The City agrees that it will pay promptly all expenses constituting Costs of Issuance, whether or not reimbursed therefor fiom the Project Fund. Section 3.3. City to Provide Title Insurance. The City shall provide ALTA Farm B (revised 10-17-92) title insurance policies insuring that the City has good and marketable title to the Sites and that the Authority has a valid leasehold interest in and to the Sites, subject only to Permitted Encumbrances, containing such affirmative insurance as the Authority and the Trustee may reasonably request (including, but not limited to, mechanics' liens, contiguity of parcels, zoning, and easements and party wall agreements), and deleting ail standard exceptions to coverage. Title insurance premiums, abstract continuation charges and other iitle fees and expenses il~ciiiied pursuant to this section shall be paid by the City on or before the Closing Date. (The remainder of this page is intentionally left blank.) Error? Unknown document property name. C~ 93 ARTICLE IV Lease and Sale of Facilities Section 4.1. Lease and Sale of Facilities. The Authority hereby leases and sells its leasehold interest in the Sites and the Facilities to the City, and the City hereby leases and purchases the Authority's interest in the Sites and the Facilities from the Authority, upon the terms and conditions set forth in this Lease. The sale shall be completed in accordance with the terms of Section 5.5 hereof. The Sites and the Facilities are leased and sold in their present condition without representation or warranty of any kind by the Authority, and subject to the rights of parties in possession, to the existing state of title, to all applicable legal requirements now or hereafter in effect, and to Permitted Encumbrances. The City has examined the Sites and title thereto and has found all of the same to be satisfactory for the purposes of this Lease. Section 4.2. Lease Pa nests. Subject to the provisions of Section 4.4, the City shall pay to the Authority Lease Payments at the times and in the manner specified in the attached Exhibit B. The Lease Payments shall be paid in lawful money of the United States of America, in same-day funds, directly to the Trustee, to whom the Authority has irrevocably assigned its rights to receive such Lease Payments pursuant to the Indenture. It is acknowledged that the Lease Payments to be made not later than each January 15 and July 15 of each year shall be applied by the Trustee to payment of the principal of and interest on the Bonds to be paid on the same date. Section 4.3. Additional Lease Payments. During the Term of this Lease, the City shall pay or cause to be paid as Additional Lease Payments the following amounts: (a) All fees, charges and expenses, including agent and counsel fees, of the Trustee and any Paying Agent incurred under the Indenture, as and when the same become due. (b) All costs incident to the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable, including redemption premiums, if any, and all other costs and expenses in connection with. the call, redemption and payment of Bonds. (c) An amount sufficient to reimburse the Authority for all expenses reasonably incurred by the Authority hereunder and in com~ection with the performance of the Authority's obligations under this Lease or the Indenture. (d) All expenses incurred in connection. with the enforcement of any rights under this Lease or the Indenture by the Authority, the Trustee or the Owners of the Bands. (e) All payments t-equir-ed by the rebate covenants of Section 6.8(b}, including without hnutation any fees payable to cansultants retained to analyze rebate requirements. F.rrar? L'~nl:rrosvrr doerrment property name. 1® 94 icy ,vtt +t,.... +„ F.<,t.,,+o.,o,. t,,,-m h;~.l, tho (~';t:, h~o a raV41 t~ na~~ nr `1) r~u otttct paj%titciu~ of wuuwv~,t ira~ut~ `v'v'iu~.ta uiv .~~y ~.~~ ga., y ~ assume under the provisions of this Lease (including, without limitation, any amounts advanced under Section 6.2(b) hereof and interest thereon). (g) Any amounts necessary to replenish the Reserve Fund to the Reserve Requirement, which amount shall be paid within eighteen (18) months after any draw thereon under the Indenture. (h) All costs, charges, expenses and other amounts and obligations due and owing by the Authority under the Ground Lease, as and when the same became due. Section 4.4. Source of Lease Payments. Notwithstanding any other provision of this Lease apparently to the contrary, this Lease shall not constitute a general. obligation of the City, and the full faith and credit of the City are not pledged for the payment of the Lease Payments or the performance by the City of its obligations hereunder. The Lease Payments and Additional Lease Payments shall be paid, and other obligations of the City hereunder shall be met, solely from the amount appropriated by the City Council for such purpose in the City's annual budget and shall constitute a current expense of the City for the Fiscal Year then in effect. It shall not constitute an indebtedness of the City within the meaning of the Constitution and laws of the State of Minnesota. The other obligations of the City hereunder shall be met solely from one or more of the following: (a) Net Proceeds of insurance or self-insurance required to be maintained by the City under Article VII; (b) Net Proceeds of any condemnation award with respect to the Sites and Facilities; and (c) money from time to time appropriated by the City Council for this purpose, provided that the City Council shall have no legal obligation to appropriate money for this purpose. Section 4.5. City's Obligations and Remedies. (a) Except as provided in Section 5.6 hereof; the City's obligation to pay Lease Payments due with. respect to the Sites and the Facilities, and to perform and observe air other covenants and agreements of the City contained herein, shall be absolute and unconditional; and the Lease Payments and Additional Lease Payments due and payable hereunder shall be made without notice or demand and without set-off, counterclaim, abatement, deduction or defense including, without limitation, any failure or delay by the Authority in the performance of any of its obligations hereunder, and irrespective of whether the Facilities shall have been started or completed, or whether the Ciry's or the Authority's title thereto or to any part thereof is defective or nonexistent, and notwithstanding any damage to, loss, theft or destruction of the Facilities or any part thereof, any failure of consideration, the taking by eminent domain of title to or of the right of temporary use of all or any part of the Facilities, legal curtailment of the City's use thereof, the evictian or constructive evictian of the City, any change in the tax or other laws of the United States of America, the State of Minnesota or any political subdivision thereof, any change in the Authority's legal organization or status, or any default of the Authority hereunder, and regardless of the invalidity of any action of the Authority, and regardless of the invalidity of any portion of this Lease. Error! Cinknown document property name. 1 1 95 (b) Notwithstanding any provision or covenant contained in this Lease, the Indenture or the Bonds, the City is not obligated to renew the Lease beyond any Fiscal Year from time to time in effect, nor is it obligated to budget or appropriate money or to pay Lease Payments or Additional Lease Payments beyond the end of the Fiscal Year in effect at a given time. (c) Nothing in this Lease shall be construed to release the Authority from the performance of any agreement on its part herein contained or as a waiver by the City of any rights or claims which the City may have against the Authority under this Lease or otherwise, but any recovery upon such rights and claims shall be had from the Authority separately, it being the intent of this Lease that the City shall be unconditionally and absolutely obligated to perform fully all of its obligations, agreements and covenants under this Lease du2-ing the Term of this Lease unless sooner terminated in accordance with section 5.2 hereof (including the obligation to make Lease Payments and Additional Lease Payments) for the benefit of the Owners of the Bonds. The City may, however, at its own cost and expense and in its own name or in the name of the Authority, prosecute or defend any action or proceeding or take any other action involving thud persons which the City deems reasonably necessary in order to secure or protect its right of possession, occupancy and use hereunder, and in such event the Authority hereby agrees to cooperate fully with the City and to take all action necessary to effect the substitution of the City for the Authority in any such action or proceeding if the City shall so request. Section 4.6. Possession and En,~oyment. The Authority hereby covenants to provide the City during the Term of this Lease with quiet use and enjoyment of the Sites and Facilities, and the City shall during such Term peaceably and quietly have and hold and enjoy the Sites and Facilities, without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. At the request of the City and at the City s cost, the Authority will join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. Section 4.7. Authority Access to Sites and Facilities. The Authority and the Trustee shall have the right at all reasonable times to examine and inspect the Sites and Facilities, and shall have SiTCIi I7g1itS of access to tl'le Sites and Facilities as may be reasonably riecessaYy to cause the proper maintenance thereof in the event of failure by the City to perform its obligations hereunder. (The remainder of this page is intentionally left blank.) Error! Unknoavn document property name. 1 96 ARTICLE V Term of Lease; Transfer or Surrender of Sites and Facilities Section 5.1. Lease Term. Subject to the provisions of Section 5.6, this Lease shall be in effect for a Term commencing upon the execution hereof and ending on February 1, 2030. Section 5.2. Termination of Lease Term. The Team of this Lease will terminate upon the occurrence of the first of the following events: (a) non-appropriation by the City pursuant to Section 5.6 hereof; (b) the payment by the City of the Purchase Price, pursuant to Section 8.1; (c) the discharge by the City of its obligation to pay the Lease Payments and Additional Lease Payments required to be paid by it hereunder pursuant to Section 8.3; or (d) a default by the City and the Authority's election to terninate this Lease pursuant to Article X. Section 5.3. Author-it~s Interest in the Sites and Facilities. Upon payment of all Lease Payments and Additional Lease Payments due hereunder, or upon prepayment of the Lease Payments and Additional Lease Payments or discharge of the City's obligation to make the Lease Payments and Additional Lease Payments in accordance with Article VIII hereof, and in either event, upon defeasance of the Bonds in accordance with Article X of the Indenture, full and unencumbered legal title to the Facilities shall pass to the City, and the Authority shall have no further interest therein. In such event the Authority and its officers shall take all actions necessary to authorize, execute and deliver to the City any anal all. documents necessary to vest in the City, all of the Authority's right, title and interest in and to the Sites and Faciiities, free and clear of ail hens, leasehold interests, encumbrances (other than Permitted Encumbrances), including, if necessary, a release of any and all interests or liens created under the provisions of this Lease. Section 5.4. Surrender of Sites and Facilities. Upon termination of the Term of this Lease pursuant to Section 5.2, clause (a) or (d), or upon exercise by the Authority (or the Trustee) of its right to take possession of the Sites and Facilities under Section 10.2, the City shall surrender the Sites and Facilities to the Authority or the Trustee in the condition in which they were originally received. from the Authority, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby, ordinary wear- and tear excepted. The City shall have the right to remove from the Sites and Facilities at or prior to such ter-rnination or possession all personal property located therein which was not financed with money provided from the Project Fund, or which has not replaced personal property so financed, and which is not otherwise owned by the Authority, but the City shall repair any damages caused by such removal. Error? Unknown dacament property n;~me. 13 97 Section 5.5. Purchase• Conveyance of Title. At any time when the Purchase Price, together w'it h auy unpaid yr deiiriquent interest, haS been fi,,lly paid nr prnvitlecl for_ whether by (il navment of all Lease Payments and Additional Lease Payments as provided in Section 5.1 hereof, or (ii) payment or provision for payment of the Pwchase Price as provided in Article VIII hereof, then the purchase of the Sites and the Facilities by the City shall be deemed to have been completed. The Authority shall thereupon deliver to the City such instruments of conveyance or release as, in the opinion of the City, may be necessary to release the interests of the Authority and the Trustee in the Sites and Facilities. Section 5.6. Non-Appropriation. If the City Council does not appropriate or budget money sufficient to pay the Lease Payments and reasonably estimated Additional Lease Payments coming due in the next Fiscal Year, as determined by the City's budget for the Fiscal Year in question, then the Term of this Lease shall terminate at the end of the then-current Fiscal Year. The City Council shall effect such non-appropriation by adoption of a resolution specifically referring to this Lease and determining (i) not to provide money for payments due hereunder in the next Fiscal Year and (ii) that the Lease shall terminate at the end of the then-current Fiscal Year, and the City shall. give the Authority and the Trustee a written notice of such non-appropriation and shall pay to the Authority any Lease Payments and Additional Lease Payments which are due and have not been paid at or before the end of its then current Fiscal Year. The City shall endeavor to give as much notice ofnon-renewal as passible prior to the end of such Fiscal Year, but in any event the City shall not be required to give more than twelve (12) months' notice, and the City shall notify the Authority and the Trustee of any anticipated termination. In the event of termination of this Lease as provided in this Section, the City shall surrender possession of the Sites and Facilities to the Authority in accordance with Section 5.4 and convey to the Authority or release its interest in the Sites and Facilities within ten (10) days after the expiration of the then-current team. Section 5.7. Intent to Continue Term• Appropriations. The City presently intends to continue this Lease for its entire Term and to pay all Lease Payments specified in Exhibit B and Additional Lease Payments. The City reasonably believes that money in an amount sufficient to make all such Lease Payments and Additional Lease Payments can and will lawfully be appropriated or budgeted and made available. Section 5.8. Effect of Termination. Upon termination of this Lease as provided in Section 5.6, the City shall not be responsible for the payment of any Lease Payments or Additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Sites and Facilities to the Authority in accordance with Section 5.4 and conveyed to the Authority or released its interest in the Sites and Facilities within ten (10) days after the termination date, the termination shall nevertheless be effective, but the City shall be responsible for the payment of damages in an amount equal to the amount of the Lease Payments thereafter corning due under- Exhibit B and Additional Lease Payments which are attributable to the number of days during which the City fails to take such actions and for any other loss suffered by the Authority as a result of the City's failure to take such actions as required. The City shall be required to pay over to the Trustee any money which it has appropriated or budgeted for the purpose of paying obligations under this Lease far any Fiscal Years preceding the Fiscal Year far which non-renewal colder Section 5.6 is effective. Error? Cnknown dacnnaent property name. 14. 98 ARTICLE VI General Matters Section 6.1. Use; Permits. The City shall exercise due care in the use, operation and maintenance of the Sites and Facilities, and shall not use, operate or maintain the Sites and Facilities improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this Lease. The City shall obtain or cause to be obtained all permits and licenses necessary for the operation, possession and use of the Sites and Facilities. The City shall comply with all State and Federal Laws applicable to the operation, possession and use of the Sites and Facilities, and if compliance with any such State and Federal Law requires changes or additions to be made to the Sites and Facilities, such changes or additions shall be made by the City at its expense. Section 6.2. Maintenance and Modification of Facilities by the City. (a) During the Term. of this Lease the City shall, at its own expense, maintain, preserve and keep the Sites and Facilities in good repair, working order and condition, and shall from tune to time make all repairs, replacements and improvements necessary to keep the Sites and Facilities in such condition. The Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition, the City shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Facilities and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Facilities; and the Facilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Facilities immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not per n21t a~'.y meCha",1C's or other lien to he eStahli~hed nr rPrnaLr~ against the Citee anal Fa~ilitiPC fnr labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify the Authority and the Trustee of the City's intention to do so, the City may in good faith contest any lien filed or established against the Sites and Facilities, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom. unless the Authority or the Trustee shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of the Authority in the Sites and Facilities will be materially endangered or the Sites and Facilities or any part thereof will be subject to loss or forfeiture, in which. event the City shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide the Authority and the Trustee with full security against any such loss or forfeiture, u1 form. satisfactory to the Authority and the Trustee. The Authority will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Error! Unknt>wn document property name. 15 99 (b) In the event the Authority becomes aware of any condition on the Sites or in the Far;t;t;ec which, in the reasonable opinion o_f the Authority, creates a risk to the health and safety of any users of the Facilities or creates a risk of significant deterioration of the Improvements if not corrected, the Authority may, but shall be under no obligation to, notify the City of such condition and request that it be cured as promptly as is reasonably possible. In the event the City does not promptly cure such condition, the Authority may, but shall be under no obligation to, take reasonable steps to correct such condition. In such event, the cost to the Authority and interest thereon at the highest rate specified in any Bond until paid will be charged to the City as an Additional Lease Payment. Section o.3. Taxes, tither Governrneiltal Charges and Utility Charges. During the Term of this Lease the City shall also pay or cause to be paid when due all gas, water, steam, electricity, heat, power and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Sites and the Facilities. The City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Sites and the Facilities or any part thereof or the Lease Payments, and which become due duI-ing the Telm of this Lease with respect thereto; and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Sites and Facilities; provided that with respect to special assessments or other governmental. charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Teim of this Lease as and when the same become due. The City shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by the Authority, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property. The City rnay, at the City's expense aild in the City's name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal thereti°onz unless the Authority or the Trustee shall notify the City that, in the opiiiil7ri Gf iI'idcpeildeilt Couli~cl, iJy nonpaymc^2'it of at'iy SLiCI'i lteiiis tl'ie Inte'iest of tl'ae Atitl'~Or1ty i'i the Sites and Facilities will be materially endangered or the Sites, the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority and the Trustee with full secul7ty against any toss which may result from nonpayment, in form satisfactory to the Authority and the Trustee. Section 6.4. Liens. The City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Sites or the Facilities, except the respective rights of the Authority and the City as herein provided and Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly, at its own expense, take such action as maybe necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. The City shall reimburse the Authority for any expense incun°ed by it in order to discharge or I°emove any such mortgage, pledge, lien., charge, enculi-Ibrance or claim. Error! Llnlcnown documentproperte~ name. l~9 tao Section 6.5. Easements. The Authority will from time to time, at the request of the City and at the C"ity's cost and expense; cooperate and join with the City: (a) in granting easements and other rights in the nature of easements, releasing existing easements or other rights in nature of easements which are for the benefit of the Sites or the Facilities; (b) in executing amendments to any covenants and restrictions affecting the Sites or the Facilities; (c) in executing and delivering to any person any instrument appropriate (i) to confirm or to the effect that such grant, release or execution is not detrimental to the proper conduct of the operations of the City an or in the Sites or the Facilities, (ii) to show the consideration, if any, being paid for such grant, release or amendment, (iii) to show that such grant, release, dedication, transfer, petition or amendment does not materially impair the use of the Sites or the Facilities or reduce the value of the Sites or the Facilities, or (iv) to confirm that the City will remain obligated hereunder to the same extent as if such grant, release, or amendment had not been made, and the City will perform all obligations under such instrument. The consideration, if any, received by the Authority or the City for such grant, release, or amendment shall be paid to the Trustee and deposited in the Bond Fund. Section 6.6. Addition and Substitution of Land. The Authority and the City agree to add to the Ground Lease and this Lease certain additional interests in land, and to release from the Ground Lease and this Lease certain portions of the Sites, and to substitute other interests in real property for some or all of the portions of the Sites so released, but only upon the conditions hereinafter set forth: (1 } The City may, from time to time, add additional real property to the Sites subject to the Ground Lease and this Lease if (i) the additional real property is to be the site of a portion of the Improvements, and (ii) the City provides the Trustee with an adequate legal description and survey of the Sites, satisfactory to the Trustee, and an endorsement to the title insurance policy described in Section 3.3 hereof covering the additional real property and showing only such further exceptions to title as are acceptable to the Trustee. (2) The City may, from time to time and with the prior written consent of the Trustee, the Insurer and the Authority, obtain the release of a portion of the Sites as now described, if (i} the City certifies that such portion of the Sites is not reasonably necessary for the Cor°istiuiilon of till, improvements; (ii) ttie ur~reieased portion of the Sites 2s ;nr~t impaired by such release with respect to ingress and egress, access to dedicated roads and use of the unreleased portion of the Sites for its then current or intended purposes; (iii) the City delivers to the Trustee an appraisal by an Independent appraiser of the Sites and any addition thereto that would remain after the proposed release; and (iv) the City provides written notice of such proposed release, including a copy of the appraisal, to Standard & Poor's Ratings Services, a division of The McGraw Hill Companies, Inc. (3) To accomplish the addition, release or substitution of real property as described in paragraph (1) or (2), the City shall prepare and furnish to the Trustee and the Authority amendments or supplements to this Lease, the Indenture, the Ground Lease and any UCC Financing Statements tiled in connection with this Lease. The City shall pay all expenses, including attoaney's fees, incurred in accomplishing any such addition, release or substitution. wort llnknoevn document property Hansa. 17 101 Section 6.7. Compliance with Indenture. During the Term of this Lease, the City agrees to perl~rm all nbligatinng irrrpnced tir~nn the C`t_ty by tbP Indenh~re_,: Section 6.8. Tax Covenants. (a) The City covenants and agrees with the Authority for the benefit of the Owners from time to time of the Bonds that it will take, and will cause its officers, employees or agents to take, all actions necessary to comply with the applicable provisions of the Internal Revenue Code, and that it will not take or permit to be taken by any of its officers, employees or agents any actions that would cause the interest on the Bonds to become subject to federal income taxation under the applicable provisions of the Inter-nai Revenue Code. (b) The City shall take such actions and make all calculations, transfers and payments that may be necessary to comply with the rebate requirements contained in Section 14$(f) of the Internal Revenue Code. The City will compute the rebate requirement and make rebate payments in accordance with law. The City must make periodic computations of the amount to be paid to the United States under Section 148(f) of the Internal Revenue Code, and transfer the appropriate amount to a special fund held by the Trustee. Such transfers may be made from funds identified in the Indenture. Ta the extent that funds identified in the Indenture are inadequate, the City will use any funds legally available to make any required deposit to or payment from the special fund held by the Trustee. (c) None of the proceeds of the Bonds will be used, directly or indirectly, to replace funds which were used in any business carried on by any person other than a state or local governmental unit. (d) The payment of the Lease Payments will not be (A) directly or indirectly secured by any interest in (i) property used or to be used for a private business use by any person other than a state or local governmental unit or (ii) payments in respect of such property, or (B) directly or indirectly derived from payments (whether or not by or to the Authority or° the City}, in respect of properly Or'[5or"towed rllorley, used or' to be r.TScd iiir a private busrriess use by any person other than a state or local governmental unit. (e) None of the proceeds of the Bonds will be used, directly or indirectly, to make or finance loans to persons other than a state ar local governmental unit. (f) Except as provided below, no user of the Facilities or other property financed with proceeds of the Bonds will use the Facilities or such other property in a trade or business on any basis other than the same basis as the general public; and no person other than a state or local governmental unit will be a user of the Facilities or such other property in a trade or business as a result of (i) ownership, or (ii) actual or beneficial use pursuant to a lease or a management or incentive payment contract, or (iii) joint venture or any other similar arrangement. Notwithstanding the foregoing, subject to an approving opinion of Bond Counsel, the City may permit up to five percent (5%} of the useable square footage of the Improvements to be used in the trade or• business of a person other than a governmental unit. ~rrar! C etEinown doesoment property n.tarte. 1 g 102 Section 6.9. Financial Statements. The City shall. provide the Trustee as soon as they are availahlP anrnial anr~itet~ financial ctatPmPnt~ of the C''ity. tnuethPr with such additional. information as the Trustee may from time to time reasonably request. rror! l~nknown docaranent pr®pea~tg~ Harare. 19 103 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance. During the Term of this Lease the City shall procure and maintain continuously in effect with respect to the Sites and Facilities, insurance against liability far injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance, use or operation of the Sites, the Facilities or any part thereof, in amounts not less than the City's tort liability limits under Minnesota Statutes, Chapter 466 for death of or personal injury to any one person, in amounts not less than the City's tort liability limits under Minnesota Statutes, Chapter 466 for all personal injuries and deaths ai7sing out of any one occurrence, and in amounts not less than the City's tort liability limits under Minnesota Statutes, Chapter 466 for property damage arising out of any one occurrence. The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. It is understood that with respect to persons or entities other than the Authority, this insurance covers any and all liability of the City and its officers, employees and agents. As an alternative to the purchase of liability insurance, the City may self- insure against such liabilities in accordance with the provisions of applicable law. Policies of commercial insurance may include deductibles of no more than ten percent (10%) of policy amounts. Section 7.2. Property Insurance. During the Term of this Lease, the City shall procure and maintain continuously in effect, to the extent of the full replacement value of the Facilities, other than building foundations, insurance against loss from or damage by vandalism and fire, with a uniform standard extended coverage endorsement limited only as may be provided in the standard foam of extended coverage endorsement at the time in use in the State of Mimnesota, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost of any part thereof damaged oi° destroyed. All policiLes (or endorsements or riderys} evidencing insurance required. In this Seitivr'i shaii be ~.aiiied in tl'ie riumes of the~it`y', to e ?iuthciity and the T2-~.:stvPe aS their respective interests may appear. The Net Proceeds of Insurance required by this Section shall be applied as provided in this Article VII. Section 7.3. Administration of Claims. Neither the City, the Authority nor the Tiustee shall be required to prosecute any claim against or contest any settlement proposed by any insurer, but any of them may prosecute any such claim or contest any such settlement. In the event of a contest by the City, it shall be at the City's expense, and the City may bring such claim or contest in the name of the Authority, the City or both, and the Authority will join therein at the City's written request upon the receipt by the Authority of an indemnity from the City against all casts, liabilities and expenses in connection with such claim or contest. Section 7.4. Other Insurance and Requirements for All Insurance. All insurance required by this Article may be cai-i-ied under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota; shall contain a provision Error! UnknoFVn doc°nsent property name. 20 104 that the insurer shall. not cancel or revise coverage thereunder without giving written notice to the City and the Tr~isteP at least thirty (30} days before the cancellation or revision becomes effective; and shall name the City, the Authority and the Trustee as insured parties. The insurance required by Sections 7.1 and 7.2 hereof may be provided by the City pursuant to an umbrella policy which provides coverage for the amounts and the insurable incidents provided in such Sections. Annually, the City shall deposit with the Trustee policies evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in force and effect, along with a certificate from an insurance consultant stating that all insurance complies with the requirements of this Article VII. Before the expiration of any such policy, the City shall furnish to the Trustee evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Ai-tide, uiriess such insurance is iio longer obtainable, in which event the City shall file its self=insurance plan with the Trustee. Section 7.5. Indemnification. As between the Authority and the City, to the extent permitted by the laws of the State of Minnesota, the City assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Facilities and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of the City, the Authority or of third parties, and whether such property damage be to the City or the Authority's property or the property of others, which is proximately caused by the negligent conduct of the City, its officers, employees, agents and lessees, or arising out of the operation, rnaintenance or use of the Sites and the Facilities by the City, its officers, employees, agents and lessees. The City hereby asswnes responsibility for and agrees to reimburse the Authority for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees} of whatsoever kind and nature, imposed on, incurred by or asserted against the Authority or its officers or employees that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part on the foregoing, to the maximum extent permitted by law. Section 7.6. Hazardous Substance Indemnification. The City agrees, to the extent permitted by the laws of the State of Minnesota, to defend, indemnify and hold hai-tnless the Authority and the Ti*ustee, their officers, employees, agents, successors and assrgr~s (the "Indemr~rtees") from and against, and shall reimburse the Indemnitees for, any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to personal property or natural resources, cost, expense, action or cause of action arising in connection with or as the result of any past, present or future existence, use, handling, storage, transportation, manufacture, release or disposal of any Hazardous Substance in, on or under the land upon which the Project is located, whether foreseeable or unforeseeable, regardless of the source, the time of occurrence or the time of discovery (collectively refereed to as "Loss"). This indemnification against Loss includes, without limitation, indemnification against all costs in law or in equity or removal, response, investigation, or r-emediation of any kind, and disposal of such Hazardous Substances, all costs of deter7nirung whether the land upon which the Project is located, is in compliance with, and of causing the land upon which the Project is located, to be in compliance with, all applicable Environmental Laws, all costs associated with claims far damages to persons, property, or natural aesources, and the Indernnitees' reasonable attor-rieys' and consultants' fees, court costs and. expenses incurred in connection with arty of the above. Far this purpose "Hazardous Substance" shall be defined as any N;rror! l~nknown document graperty name. 21 105 substance, the presence of which requires investigation, permitting, control or remediation under any ferlerai, state or ln~al ctat~itP, rPa ilatinn; ordinance or order; inch~ding without limitation: (a} any substance defined as "hazardous waste" under the Resource Conseivation and Recovery Act, as amended (42 U.S.C. §6901, et seq.); (b) any substance defined as a "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §9601, et se .); (c) any substance defined as a "hazardous material" under the I~azardous Materials Transportation Act (49 U.S.C. ~ 1800, et seg•); (d) any substance defined under any Minnesota statute analogous to (a), (b) or (c), to the extent that said statute defines any term more expansively; (e) asbestos; (f) urea formaldehyde; (g) polychlorinated biphenyls; (h) petroleum, or any distillate or fraction thereof; (i) any hazardous or toxic substance designated pursuant to the laws of the State of Minnesota; and (j) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority. d tue i a~uiuw or ariy' poi ~iFV'n Seetiuri ^i'."i. ~~iaiiia c, I~cSti'LICiIOn acid Con ciTuiatiGra, if ~" ~"" , +"°" '~ thereof is destroyed {in whole or in part) or is damaged by fire or other casualty or title to or the temporary use of the Facilities or any part thereof, or the interest of the City or the Authority in the Sites or the Facilities or any part thereof is taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the City shall have the rights with respect to the Net Proceeds of any insurance or condemnation award specified in this Section, but the City shall be obligated to continue to pay the Lease Payments and Additional Lease Payments due with respect to the Facilities. All Net Proceeds shall be applied to the prompt repair, restoration, modification, improvement or replacement of the Sites and the Facilities by the City, or, if the City elects not to repair or rebuild, all Net Proceeds shall be applied to prepay the Lease Payments and Additional Lease Payments; in either event all Net Proceeds not needed for the purpose shall belong to the City. In the event Net Proceeds exceed $100,000, they shall be held by the Trustee and disbursed in payment of costs of repair, restoration, modification, improvement or replacement substantially u~i accordance with the procedw•e for disbursement of Bond proceeds from the Project Fund in Article IV of the Indenture. error! Clnknow¢e doer:meat property name. 22 106 Section 7.8. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in fill the cost of any repair, rPStoration; modification; improvement or replacement of the Sites and the Facilities, the City shall either: (a) complete the work and pay any cost in excess of the amount of the Net Proceeds, and the City agrees that if by reason of any such insufficiency of the Net Proceeds, the City shall make any payments pursuant to the provisions of this Section 7.8, the City shall not be entitled to any reimbursement therefor from the Authority nor shall the City be entitled to any diminution of the Lease Payments or Additional Lease Payments due with respect to the Facilities; or (b) prepay the Lease Payments and Additional Lease Payments, in which event the Net Proceeds shall be used for this purpose. If the City elects not to repair, rebuild or restore, the City shall prepay or discharge the Lease Payments and Additional Lease Payments to the full extent of the Net Proceeds. Section 7.9. Cooperation of Authority. The Authority shall cooperate fully with the City at the expense of the City in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 7.7 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Sites or the Facilities or any part thereof and will, to the extent it may lawfully do so, permit the City to litigate in any proceeding resulting therefrom in the name of and on behalf of the Authority. In no event will the Authority voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the Sites or the Facilities or any part thereof without the written consent of the City and the Trustee. Section 7.10. Condemnation of Other Property Owned by the City. The City shall be entitled to the Net Proceeds of any condemnation award or portion thereof made for destruction of, damage to or taking of its property not included in the Sites or Facilities. (The remainder of this page is intentionally left blank.) Error! E~nknown doctdment property narc~e. 2~ 107 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay. The City shall have the option at any time to purchase the Sites and Improvements by payment to the Trustee of the Purchase Price then applicable, or to prepay unpaid Lease Payments and Additional Lease Payments, in whole or in part. Section 8.2. Exercise of Option. The City shall give notice to the Authority of its intention to exercise its purchase or prepayment option not teas than foi°ty-five (45} days in advance of the date of prepayment or purchase, and shall. pay to the Authority on the date of prepayment or purchase the prepayment amount or (in the event of a purchase) an amount equal to the then current Purchase Price, less any Net Proceeds to be applied to the amount to be so paid in accordance with Section 7.7. Section 8.3. Provision for Payment of Purchase Price; Dischar eg of City's Obli ag_tion. The City may at any time provide for the payment of the Purchase Price or discharge its obligation to pay Lease Payments due under this Lease by depositing u-revocably in escrow with a bank or trust company, cash or direct obligations of the United States, bearing interest payable at such times and at such rates and maturing on such dates, but not callable prior thereto, as shall be required to provide money sufficient to pay or prepay all unpaid Lease Payments and the applicable redemption premium, if any, on the Outstanding Bonds, on the dates when they are due or subject to prepayment as provided in Section 8.1, as determined by the City, together with (i) computations and an opinion letter of a certified public accounting firm showing and attesting to the sufficiency of such money and securities for this purpose, and (ii} an opinion letter of Bond Counsel stating that the deposit of such cash or securities will not cause the Bonds to become "arbitrage bonds" under Section 148 of the Internal Revenue Code. Section 8.4. Prei°equisite; No Default. The City may exercise the rights specified in Setrtioi3S o.l, o.~, allu o.~ Dray if i~ iS rio~ iri ucfatiit Uriu~r uu~ L,c,aae. (The remainder of Etas page is intentionally left blank.) Ereort L~nkn€iwn document iaraperty name. 24 108 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1. Assignment by Authority. Except as expressly provided in this Section, the Authority's rights and obligations under this Lease, including the right to receive and enforce payment of the Lease Payments and Additional Lease Payments to be made by the City under this Lease and its interest in the Sites and the Facilities, shall not be assigned, pledged, mortgaged or transferred, in whole or in parr, except to the Trustee pursuant to the Indenture. The City hereby approves the assignment and mortgage made by the Authority to the Trustee under the Indenture of the Authority's interest in the Sites, the Facilities, the Ground Lease, this Lease and the Lease Payments to become due hereunder. Section 9.2. Assignment and Subleasing by the City. The rights and obligations of the City under this Lease may not be assigned by the City without the written consent of the Authority, the Trustee and the Insurer. The City may also (with written. consent of the Insurer) sublease the Project, or any portion thereof, to any other entity, provided that the City fiu-nishes to the Authority and the Trustee an opinion of Bond Counsel that such sublease will not adversely affect the validity of the Outstanding Bonds or the exemption of the interest thereon from federal income taxation. Section 9.3. Restriction on Mortgage or Sale of Pro'el et by the City. Without the prior wi-itten consent of the Authority and the Trustee, the City will not mortgage, sell, assign, transfer or convey the Sites or the Facilities or any portion thereof during the Teim of this Lease. (The remainder of this page is intentionally left blank.) error! (~nknoevn cSoeument property name. 2J 109 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Defined. Any one or more of the following events shall be an "Event of Default" under this Lease: (a) Failure by the City to pay any Lease Payment, Additional Lease Payment, or other payment required to be paid hereunder at the time and from the sources specified herein. (b) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (a) of this Section, for a period of sixty (60) days after written notice specifying such failure and requesting that it be remedied has been given to the City by the Authority or the Trustee, unless the Authority and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Authority and the Trustee shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the City within. the applicable period and diligently pursued until the default is corrected. (c) The occurrence of any of the following events: (i) The City shall (a) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or the like of the City or of all or a substantial part of its property, (b) commence a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), or (c) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up oi• composition or adjustment of debts; or (ii) A proceeding or case shall be commenced, without the application or consent of the City, as the case may be, in any court of competent jurisdiction, seeking (a) the liquidation, reorganization, dissolution, winding-up, or the composition or adjustment of debts, of the City, (b) the appointment of a trustee, receiver, custodian, liquidator or the like of the City, or (c) similar relief in respect of the City under any law relating to bankniptcy, insolvency, reorganization, winding-up or composition or adjustment of debts, and such proceeding or case has not been dismissed within sixty (60) days of the filing thereof. The provisions of Section 10.1(b} are subject to the following limitation: if by reason of force majeure either party is unable in whole or in part to carry out its obligations under this Lease, it shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force maleure inability, and the time for such performance shall be extended to cover such delays. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial distu~•bances; acts of public enemies; orders or restraints of any kind of the government of the U~>ited States of Ga~ror! Clnknoavn document property Hume. 26 110 America or any of its departments, agencies or officials, or any civil or military authority, or the Ctata of R/rinr~PCnt~ nr an~~ of itc r~anartmPntc aaPnriPC nr offi_cals; inst~rrectGnS; riots; landslides; ,~~..~., .,. .a.......~.,.~ .,. .....~ .._ ........r^-~------~--~ --a------- earthquakes; fires; storms; draughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of a party and not resulting from its negligence. Each parry agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its agreements. Section 10.2. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the Trustee may take, but only upon not less than five (5) days' written. notice to the City, one or any combination of the following remedial steps: (a) Without terminating this Lease, re-enter and take possession of the Sites and the Facilities and exclude the City from using it until the Event of Default is cured; or (b) Subject to the provisions of Section 5.6, take any action at law or in equity which may appear necessary or desirable to: (i) collect the Lease Payments and Additional Lease Payments then due for the Fiscal Year then in effect, (ii) collect any Lease Payments and Additional Lease Payments to become due and payable during the current Fiscal Year, or (iii) enforce performance and observance of any obligation, agreement or covenant of the City under this Lease; or (c) Terminate the Team of this Lease, exclude the City from possession of the Facilities, and use its best efforts to lease the Facilities to another for the account of the City, holding the City liable for the difference between the rentals received and the Lease Payments and Additional Lease Payments which would have been receivable hereunder for the Fiscal Year then in effect. This provision does not limit any other remedies which the Trustee or the Authority may have under the Indenture or any other document. SeCtrOn IV.J. Delay; TvotiCc. No delay or oii3rsSYGii tir cxcrCrsc^ an'y' iiglit yr power aCCr'ui2'ig upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as maybe required in this Lease. Section. 10.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive and every such. remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right ar power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power maybe exercised from time to time and as often as maybe deemed expedient. Section 1.0.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease is breached by either party and thereafter waived by the other party, such ~rr~ar! Cinknown dsac€iment garaperTy name. 27 111 waiver shall be limited to the particular breach so waived and shall not be deemed to waive any nthPr hrea~h hPrennrler error? C~nlcnown document property name.. ~g 112 ARTICLE XI Administrative Provisions Section 11.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified or registered foam with postage fully prepaid: If to the City: City of Columbia Heights 590 40`h Avenue Northeast Columbia Heights, Minnesota 55421-3878 Attention: City Manager If to the Authority: Columbia Heights Economic Development Authority 590 40th Avenue Northeast Columbia Heights, Minnesota 55421-3878 Attention: Executive Director If to the Trustee: U.S. Bank National Association EP-MN-WS3C 60 Livingston Avenue St. Paul, Minnesota 55107 Attention: Corporate Trust Services The above-named persons, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 1 Y .2. Binding Effect. This Lease shall inure to the benefit of and shall be binding 1 A_ L .., .] a 4 Upon the tiuthoi°ity aiid ittc Cliy ailu tl`icir respe%ilVc sii%~cSSOrS ai3d aSSig"iiS. Section 11.3. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.4. Amendments Changes and Modifications. This Lease may be amended or any of its teams modified only by written amendment authorized and executed by the City and. the Authority; provided that no such amendment shall be effective without the consent of the Trustee or any other person or entity to wham the rights of the Authority to receive Lease Payments due hereunder has been assigned. Section 11.5. Further Assurances and Coi-iective Instruments. The Authority and the City agree that they wills if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may ~:rrmr! € nkr¢own dcrcnmcnt praperty name. 2C~ 113 reasonably be required for correcting any inadequate or incorrect description of the Sites and the ar''a~.iiities or for caa~y~.ng out the expressed :ntent.on of thus Lease. Section 11.6. Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original. and all of which shall constitute but one and the same instrument. Section 11.7. At~plicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 1 i .8. Authorized Officers. Whenever under the provisions of this Lease the approval of the Authority or the City is required, or the Authority or the City is required to take some action at the request of the other, such approval of such request shall be given for the Authority or for the City by an Authorized Officer, and any party hereto shall be authorized to rely upon any such approval or request. Section 11.9. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. (The remainder of this page is intentionally left blank.) Error! Unknown docnar¢ent property name. 3~ 114 IN WITNESS WHEREOF, the Author-ity has caused this Lease to be executed in its rnrnnrata names 11v itc ~nw anthnrivarl nffirarc~ and tha ('itc~ hac C'.a17cAl1 t}tlc T.PaSP to ~P P.XP,C1717P,(~ ttl its name by its duly authorized officers and sealed with its corporate seal, as of the date first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY STATE OF MIi~INESOTA ss COUNTY OF ANOKA By Its President By Its Executive Director The foregoing instrument was acknowledged before me this day of September, 2007 by Gaiy L. Peterson, the President of the Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision under the Laws of Minnesota, by and on behalf of said authority. Notary Public STATE OF MINNESOTA ss COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of September, 2007 by Walter R. Fehst, the Executive Director of the Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public Frr€art C'nkna>vvn darcatment property mane. S-1 115 CITY OF COLUMBIA HEIGHTS, MINNESOTA STATE OF MINNESOTA ss COUNTY OF ANOKA By Its Mayor By Its City Manager The foregoing instrument was acknowledged before me this day of September, 2007 by Gary L. Peterson, the Mayor of the City of Columbia Heights, Minnesota Authority, a home rule charter city and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public STATE OF MINNESOTA SS COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of September, 2007 by Walter R. Fehst, the City Manager of the City of Columbia Heights, Minnesota, a home lisle charter city and political subdivision under the laws of Minnesota, by and on behalf of said authority. Notary Public [?mart llnt~nown c$ocnment property name. S-2 116 EXHIBIT A Legal Description of Sites and Facilities 1. The legal description of the Sites is as follows: 37th Avenue Liquor Store: Lots 2 and 2A, Block 1, Hart Lake Addition, according to the plat thereof on file in the Office of the Registrar of Titles and the Office of the County Recorder in and for Anoka County, Minnesota Lot 2, Block 1 is registered property Central Avenue Liquor Store: Lot 19, Revised Auditor's Subdivision No. 15, according to the plat thereof on file in the Office of the Registrar of Titles and the Office of the County Recorder in and for Anoka County, Minnesota 2. The description. of the Facilities is as follows: A new 12,000 square foot liquor store with approximately 46 parking spaces to be located at 2105 37th Avenue in the City of Columbia Heights, Minnesota A new 16,000 square foot liquor store with approximately 48 parking spaces to be located at 4950 Central Avenue in the City of Columbia Heights, Minnesota 3. The Sites are subject to the following Permitted Encumbrances: Error! Unlcnoavea cSocumesgt propserty n:eme. A-1 117 EXHIBIT B .~~~iaeuuic vi i.ca~ Pu~'aiaa,iaw Lease Payment Due Date Lease Payment Due Date Fifteen Business Days Amount Fifteen Business Days Prior Prior To: To: August 1, 2008 February 1, 2020 February 1, 2009 August 1, 2020 August 1, 2009 February 1, 2021 February 1, 2010 August 1, 2021 August 1, 2010 February 1, 2022 February 1, 2011 August 1, 2022 August 1, 2011 February 1, 2023 February 1, 2012 August 1, 2023 August 1, 2012 February 1, 2024 February 1, 2013 August 1, 2024 August 1, 2013 February 1, 2025 February 1, 2014 August 1, 2025 August 1, 2014 February 1, 2026 February 1, 2015 August 1, 2026 August 1, 2015 February 1, 2027 February 1, 2016 August 1, 2027 August 1, 2016 February 1, 2028 February 1, 2017 August 1, 2028 August 1, 2017 February 1, 2029 February 1, 2018 August 1, 2029 August 1, 2018 February 1, 2030 February 1, 2019 August 1, 2019 Error! Unl:novvn vocumenY property name. $_ 1 Amount 118 EXHIBIT C COMPLETION CERTIFICATE The undersigned officer of the City of Columbia Heights, Minnesota (the "City"), lessee under that certain Lease-Purchase Agreement dated as of September 1, 2007, (the "Lease"), between the Columbia Heights Economic Development Authority (the "Authority") and the City, hereby certifies to the Authority, to U.S. Bank National Association, 5t. Paul, Minnesota (the "Trustee"} as Trustee under a Trust Indenture dated as of September 1, 2007 (the "Indenture") between the Authority and the Trustee, that as of , 20_ (the "Completion. Date"}, the Improvements described in the Lease have been completed in theii° entirety and are ready to be placed in service and all other property which constitutes the Facilities has been acquired and installed. Construction and acquisition of the Facilities have been completed and the Project Costs have been paid, except for any portion thereof which has been incurred but is not now due and payable, or the liability for the payment of which is being contested or disputed by the City, and for the payment of which the Trustee has been directed to retain specified amounts of money within the Project Fund. Notwithstanding the foregoing, this certificate is given without prejudice to any rights against third parties which exist at the date hereof or which may subsequently come into being. Attached as Exhibit A to this certificate is a list of the equipment financed with proceeds of the Series 2007B Bonds and included as part of the Facilities. Capitalized terms used in this certificate and defined in the Lease or the Indenture are used with the meanings given therein. CITY OF COLUMBIA HEIGHTS, MINNESOTA By its EE-rorS L~nknow~n document property ¢tame. 119 CITY COUNCIL LETTER MEETING OF: AUGUST 27, 2007 n n~~Tn n c~rrrTnnt• rn~TCn'1eT'r /ZV L1VLt1 vLt. 11Vi~. `vl~vi+ita nRTITTNATTNCT T~FPT• vl~l ..+=+.. ~-++.~ -~---- - C TTY --- - NO: FINANCE MANAGER APPROVAL ITEM: LIQUOR STORE PROJECT CHANGE ORDERS BY: WILL IAM ELRITE BY: DATE: AUGUST 23, 2007 At the work session of August 20, 2007 staff discussed construction and architectural services change orders with the City Council. Attached is a memo from the Finance Director detailing these change authorizations. Alsa attached is a schedule prepared by the architect listing the dollar amounts of the various change orders. To summarize this, the change order for Oertel Architects is $27,000. This change order was necessary due to the addition of a basement and an elevator at the liquor store on 50`'' and Central. The original plan did not include the basement. However, because of the significant slope in the lot, it was decided that the most cost-effective way to proceed was to put a basement in the store. This necessitated a great amount of architectural work in redesigning the slope grade of the lot along with the necessary structural changes to include an elevator and a basement. In the construction area the change authorizations for Copeland Building Corporation are primarily for soil con-ection work. The other major change results in a deduction of $6,619.54 for changing the cooler floor from a wood frame floor to an insulated concrete floor. This modification will provide a more durable floor that will last much longer than the proposed wood floor. The final item included in this council letter is to waive the internal building permit fees for this project. This has traditionally been done for City projects, the most recent being remodeling and other changes to the Municipal Service Center. On that project building permit fees were waived. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Oertel Architects for a change order to their contract in the amount of $27,000 and to enter into an agreement with Copeland Building Corporation for change orders totaling $53,346.02, and to authorize waiving building permit fees for the construction of the two liquor stores. WE: sms 0708234COUNC[L Attachment CITY OF COLUMBIA HEIGHTS COUNCIL ACTION: 120 DATE: AUGUST 23, 2007 TO: WALT FEHST C'ITV MANAf E,R FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: LIQUOR STORE PROJECT CHANGE ORDERS (Page 1 of 2) To date we have received eight change authorization requests from Copeland Building Corporation and one from Oertel Architects. The change order for Oertel Architects is an addition to their contract of $27,000. This is for architectural work that they did in adding the basement and elevator to the liquor store design for the store on 50`h and Central. There are eight change authorizations for Copeland Building Corporation at this time. It should be noted that change authorizations #1 and #3 are for items that were originally part of the development agreement with Comforts of Home. However, as that project has not progressed on schedule, it was necessary for us to look at other alternatives for these items. The following is an explanation of the change authorizations. 1. The first change authorization is in the amount of $9,207 for costs associated with the demolition of current curbs and installation of new curb cuts and driveway entrances along with some stump and tree removal. Kevin Hansen, City Engineer, is reviewing other alternatives to accomplish this work. Subsequently, with the exception of the stump removal for $350.00, we are not presenting this item to the council for authorization at this time. 2. This change is for $39,049.51 and is for soil correction work at the 50`" and Central site. While performing the excavation for the footings and basement some contaminated soil and large, buried refuse-type items were discovered at the site that needed to be removed. Oertel Architects has reviewed this change order and reduced it to $38,491.31. 3. T iris change autl~o,•ization is :;r silt fcr~cir~g around the ~vorksite on 37`h A ven~.ze. It :vas not included in the request for bids as it was anticipated this work would be done as part of the Comforts of Home development per the development agreement we had with them. However, as the Comforts of Home project is behind schedule, our contractor had to install the silt fencing at a cost of $1,333.20. It should be noted that this is not an additional expense; it is just being paid to our contractor rather than Comforts of Home's contractor. 4. This is for waterproofing the elevator pit. This is strongly recommended by the elevator company and the price is very reasonable for this additional safe cut. The amount of this change is $833.25. It was felt that this is a very good price and well worth the investment. 5. The permit fee for the MPCA fee of $444.40. The request for bids indicated that all permit fees and costs are to be paid by the owner; therefore, this is mare of an informational item rather than a needed change request. 121 Page Two h (~hanoP a„thnr;~ar;nn #h is frn• c~~ler modifications. The cooler for the store at 50`h and Central ~. ~__..-_D_ __---__________ .. _ -- _-- _ _ _ is over the basement area. Subsequently, it is essential to have an insulated floor in the cooler. The original bid spec called for an insulated wood frame floor. This change authorization changes the floor to an insulated concrete floor, which will have a much longer life than the wood frame floor and is also more economical to install. This change reduces the cost for the cooler floor by $6,619.54. There are still some slight modifications that need to be made such as adding mesh reinforcement to the concrete. These will be handled in a future change order. 7. These plumbing and utility changes are required by the State of Minnesota as part of their approval of the plumbing design. The amounts for the State required plumbing and utility changes are $1,747.01 for Store #1 and $375.00 for Store #2. The total of this change order is $2,122.01. 8. This is for soil corrections at the 37`" Avenue site. While excavating the area for the footings on the building a significant amount of heavy clay was discovered. The clay material was unsuitable for the footings and foundation and needed to be removed and replaced with proper soil. The requested change for this work is $16,391.39. The total of these eight change authorizations is $53,346.02. I will be submitting a council letter for these changes, for the change to the Oertel Architect contract, and to request authorization from the City Council to waive the City of Columbia Heights building permit fees at the City Council meeting of August 27. If you require additional information regarding the above, please let me know. WE ams o~os ~ ~zcouNC~L Attachments: 122 City of Columbia Heights Municipal Liquor Stores Change Authorization Summary iTnriatPrl R/7'il(1'7 CA RFI PR STORE CONTENT RE VESTED COMMENTS APPROVE 1 1 2 New entrances; removal of stum $9,207.00 Owner will do all but stum $350.0 2 1 Soils corrections $39,049.51 A roved exce t for 4 additional da s $38,491.31 3 2 Silt fencin $1,333.20 A roved $1,333.20 4 1 Wate roofin at Elevator Pit $833.25 A roved $833.25 5 1 MPCA Permit Fee $444.40 $400 Fee to be reimbursed b Owner $444.40 6 1 1 Insulated cooler floor revision -$6,619.54 Ap roved -$6,619.5 7 2 1 & 2 Plumbing / utilit revisions er state $2,122.01 A roved $2,122.01 8 2 Soils corrections $16,391.39 Approved $16,391.39 53,346.02 123 c ~E.TEI.. ~.F~~:~HITE~'TS ~•, .. u'.:1 e' i~. ,~. '~i:.., ..it:ixxl E':e t.a•.'s~fi_C~i:ixx:L:a ~et?.'st'. .. .. - ~?L"ile '= t. a:lu:x:~i~ ~ ?:a±rs. L,iuJr ~tcc? P_c.ye~:t ..:ll: ~:at )sil:. ~_:~.x:":prxl__..~.:?xx ,..i.tllc...,_.~h_.tx t,.et_c_ a~:i•:lttxana:;-r~:,~:zsfart>f.~wrt~jz t. ~~ea:ot: rep?ii: cJn• er.~.ai:a_..,? t~:;i~rctaml t _:.: ,zit : ~_e. ::.t ,~fvns ~ r.a.__...:c ., aIx ~iie ,s._titxl_~at. eI~ -Jt~raxlll _.e:?c,~~:titr.? ar:.::1` .tc~re =Y _Jn..•_ra-e a;xatltlttxatia_ .er.~_ ?r: s,:i ?tl t_:e at 2_:ai;?_=Y all~:i :.u i.i.f~c~_. ?wre,i.c.::? t,, ,:u .,d;t.._t f.,r ce..1~.1 f:rxxl.2tx~anr 2=._~?iu, t=:e :tt:xe .u:a ~. >t .~_ uc~~t?a ,i t;:: thu a l :lt°i,;,xla_ :~ ai,e ; f •a-Jri:. •,i•?. offer t_:e ~tr.:_W~e~` y Lr?:.i.t! _ .,1:. t?xe Iball ni_rCJ[_.i ..:Z .il' 'tt??'= ul.illae :... ~ ?~ awe li i',~21u ~,'.. ~:3~?ol,th~t;t7?x at:3e. >~ i;e:t?,i . t,c~._c~:i rer ftir ~ a,,~r -..} .;.xf_~_.:iJil~ are ek ,eu.e> :hit :'; e aa, _ ..L _ac_; t11.: C:Cr;(, ~ ..1,...-:C..1 .~...rrWt".3 __~ it~7 ,_.~ CL .h.t _:"::..,._ ~, .:.5]il a. 3cl ::,a -Jli JFC"tt~l'. 3: _?.i C=:: tIl? _ ..,clxe:i L'r?:+~_:_ ..1. t .._ 6:?_13xd. e',:tli_.:e t,.i .il?:•? eG~.xt;:J,t:>°:). 4?1':1,:? e:."•. '~:+Ilie`:iilxi _vxl:e.^;.1t1,'?. ~+i"e i1Ji:e T.Ixlt :.111: a.i~~lt]Jt11_ llL.~xll_:.:.^L: +; 1.I ?1:~J~?';Jt1 F:~•_e~ L~:L' rt .~.a' rep . ?>. •r ....i.x,l~ t_,.l c::.l~~exx~a:..,:1 ~~s ';. ~. CsCsr ~ ,i:~ ~~:ta +_:xi.:cenLe chat i:. ,. an x?ci. ?iec:,e ~_ II t': au ._.•:? r.- ~iuesti_~ns Ti:a.r1:. ;u ~,uxce.ei-;. ~izne.=~~. ~. iure~:t: . T :'~ .3 124 CITY COUNCIL LETTER MEETING OF: AUGUST 27, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: APPROVAL OF THE SUBMISSION OF SIGN BY: WILL IAM ELRITE BY: DESIGN FOR TOP VALU LIQUOR TO THE PLANNING & ZONING COMMISSION DATE: AUGUST 23, 2007 At the work session of August 20, 2007 the City Council reviewed two monument signs for the new liquor stores. At that meeting it was the consensus of the City Council that the doughnut style sign was more appealing. The doughnut style sign is also closer in size and height to the City's sign requirements. However, it is approximately two feet taller than allowed by the sign ordinance. At the work session the City Manager spoke in favor of changing our sign regulations to allow for larger monument signs or doing something, as the current size is too restrictive. It appeared that there was some interest in reviewing the current regulations to get away from signs that carry the old reader hoard, such as the Sarna's sign, and to consider larger monument signs and possibly electronic reader boards in place of the manual type board that Sarna's uses. The proposed doughnut sign would allow for easy modification in the future to add an electronic reader board. Regarding the liquor operations request for a sign variance, it should be noted that this is the first and only request for a variance in the liquor stores construction project. It is also worth pointing out that virtually all other items--parking, window space, landscaping, trees, building materials, etc., have exceeded design guidelines. Although it was our intent to request a variance, in discussing this with the Community Development Director and City Manager, it is now staffs intent to request a text change to the sign ordinance that would allow signs to be two feet taller. Although the height of the proposed sign may slightly exceed the City's sign requirements, I feel it is worth noting that it is an architecturally designed sign that ties in very well with the building and it is proportionately small in relationship to the height and size of the building. The sign is manufactured from the same materials as the building and will be a veay pleasant addition to the appearance of the entire site. The lettering on the sign is metal, brass-faced letters that are backlit which will not give a disruptive appearance to the property. Staff is requesting that the City Council approve the submittal of the liquor store sign design at a 10-foot height to the Planning & Zoning Commission. RECOMMENDED MOTION: Move to direct staff to present the plan for the proposed sign to the Planning & Zoning Commission with a request for a text change to the sign ordinance that would allow signs to be two feet higher. WE: sms 0708331 COUNCIL COUNCIL ACTION: 125 ~` OERTEL ARCHITECTS -~ ~~_~_~- 1 '- rvatiu - as c~' _ - ,rte-,.. ti ~.. - III =w~" ~ ~ ~rra+c*vu w2c \~~ ~ m wn I ~~ A16 - I e~ t 4 ~ 2 i _ rW .e aim vwr. i ~~ ~~m- ~ r °~ r~ ,_ ~ ry E'm. ' .`--~ ~am I' •I ~ ~ ' I _ ~ FFF---- I~~---- -' ~- ___ ,~. - SEC'IOIJ r SECTIOIJ !eru~n+' ~r - ntr_ ~2' = r-c' ~ 5 rcrmyorz}""° std 'Wa; i~~~ a ~,-0, COLUMBIA HEIGHTS MUNICIPAL LIQUOR ~~--- ~ sroa a~ -wrn a Qrn i =! e,r~ cv o=ertiv; ,_ wMmert s~cu ~ ,ti. . r_o^ ,r #- ' nr_, 3cu en ~. JLD UNDSCAPE PLAN AND SITE DETAILS A0.1 128 ~, E!.EVe,r!Orv _ -' ~axn[! sou - 4ir. ,. . r-o' COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting o£ August 27, 2007 n nr.~rr~ n o~nmrnrr. C'11J 1:LV LC1 4J li1, 11V1V. nvrrn.T n TTr\T!~ TlG'v n 1?T1t~TRTaTT• 1.11\iv tl VL'll 11 V V LLl !'11\11v1L1 v 1 . (`'TTV AA ~hTe!';RR'C ~l i i •vu u va iv i.i~ v NO: Consent Agenda APPROVAL ITEM: Elected Official Out of BY: Walt Fehst BY: NO: State Travel DATE: August 21, 2007 DATE: Background: A law was passed during the last Legislative session requiring governing bodies to develop a policy controlling travel outside the State of Minnesota for applicable elected officials by January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of--State Travel Policy on November 14, 2005. Authorization for expenses to attend the National League of Cities 2007 Congress of Cities & Exposition from Tuesday, November 13 to Sunday, November 18 in New Orleans, Louisiana has been requested by Mayor Gary Peterson, Councilmember Bobby Williams, and Councilmember Bruce Kelzenberg. Agenda for the conference is attached. Estimated costs as required are: • Registration NLC member • Housing Airfare - est: ~ Meals • Ground transportation $470 (1S` time attendee - $360) $199 (x five nights) $300 $200 $200 Payment may be made in advance for registration, airfare, and lodging if specifically approved by the Council. Otherwise, all payments will be made as reimbursements. The 2007 adopted budget for Mayor-Council includes: $400 101-411.10-3105 (for NLC conference registration) $1,000 101-41110-3320 (for transportation, lodging, meals and ether related items for the NLC conference} In 101-41110-8100, contingencies, $6,000 is also available. Recommended Motion: Move to approve attendance of Mayor Peterson, Councilmember Williams, and Councilmember Kelzenberg at the 2007 League of Minnesota Cities Congress of Cities & Exposition. in New Orleans, Louisiana, November 13 to 18, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of--state travel by city employees. COUNCIL ACTION: 129 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: August 21, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have inet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications far August 27, 2007. COUNCIL ACTION: 130 List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name Property Address 20420 Giese Roslyn Park, LLC 30096 Peter's Place Apartments, LLC 30182 Lynde Investments Company, LLP 10089 Lul Ali 10148 Ricardo Cadmen 20000 Karen Frauly 20076 Karen Frauly 20174 Peter Gillquist 10079 Enes Hegic 10100 Lindsay Herron 20116 Mike Hyska 20238 Robert Koponen 30024 Margaret Kortas 10037 Petrona Lee 30157 Ruth Lemke 20258 Willam Lucking 10064 Rob Machel 10049 Terry Marsh 10205 Kristian Nelson 30426 Feriz Palic 30023 Michelle Parson 12165 John Ranweiier 30148 Joanna Rocha 12202 Thomas Schlachtenhaufen 20185 Riaz Shad 12173 Martin Sieger 20007 Robert Vandeveer 10077 William Westman 4701 5TH 1000 PETERS 5121 UNIVERSITY 3850 La Belle 1131 40TH 4622 JOHNSON 4636 JOHNSON 212 42ND 4525 CHATHAM 5258 6TH 1035 43 1 /2 3930 JOHNSON 4308 4TH 960 43 1 /2 4649 UNIVERSITY 1027 43 1 /2 543 Lomianki 4524 MONROE 4122 MADISON 1035 PETERS 4226 4TH 4648 Taylor 4657 Tyler 4838 UPLAND 4641 Taylor 1237 43 1 /2 4636 Taylor 4909 JACKSON 08/21/2007 11:00 131 Page 1 CITY OF COLUMBIA HEIGHTS FIl`~Ai`vCE I~EPA~T~viE~:T COUNCIL MEETING OF: August 27, 2007 S°I'ATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 122587 through 122736 in the amount of $ 1 628 254.58 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 132 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 08/23/2007 11:52:12 Check History GL050S-V06.74 COVERPAGE GL540R ****tr ~k****~k i; *ic it*****~t**:t;F:F it ~r:F* it***********iF*~k*~k**rt Y~***~t******:F is****i~*ir*:F******* * *** C O U N C I * * * * C O U N C I - * * * * * *** C O U N C I L ** * *** C O U N C I ;., *************************** *** ************************************************* Report Selection: Optional Report Title.......08/27/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include ExpfRev Closing Entries thru thru thru thru thru 122587 thru 122736 thru t:hru t:hru t:hru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 133 ACS FINANCIAL SYSTEM 08/23/2007 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 08/27/2007 COUNCIL L'ISTTNG CHECK NUMBER AMOUNT ANOKA COUNTY 122587 56.00 BORNETUN/JEANNE 122588 256.28 CITY OF COLUMBIA HEIGHTS 12:2589 142,092.87 COPELAND BUILDING CORP 12:2590 183,022.46 FSH COMMUNICATIONS, LLC 122591 60.00 GENUINE PARTS/NAPA AUTO 122592 241.87 HOLGUIN/HECTOR 12:2593 30.00 KENNEDY & GRAVEN 122594 5,082.29 LE/HAS 122595 40.00 MILFORD/NICHOLE 122596 211.17 MN DEPT OF LABOR & INDUS 122597 50.00 MOLINARO/JAMES 122598 142.80 NAWROCKT/BRUCE 122599 501.15 NEXTEL COMMUNICATIONS 122600 388.95 PETTY CASH - LIZ BRAY 122601 106.63 PETTY CASH -KATHERINE GR 122602 147.47 PROSOURCE TECHNOLOGIES I 122603 4,655.96 QWEST BUSINESS SERVICES 122604 512.60 QWEST COMMUNICATIONS 122605 116.09 SINN/GREG 122606 17.95 TREASURER, STATE OF MINK 122607 246.00 XCEL ENERGY (N S P) 122608 1,587.03 AARP 122609 140.00 ACE HARDWARE 122610 11.04 AMERICAN BOTTLING COMPAN 122611 671.85 ANOKA CTY - CENTRAL COMM 122612 541.53 BELLBOY CORPORATION 12261.3 1,971.40 CAPITOL BEVERAGE SALES L 122614 8,593.45 CHISAGO LAKES DISTRIBUTI 122615 2,842.33 COCA-COLA BOTTLING MIDWE 122616 1,731.65 DANIMAL DISTRIBUTING INC 122617 655.00 DEX MEDIA EAST LLC 122618 329.55 EXTREME BEVERAGE 122619 480.00 FARNER-BOCKEN 122620 5,669.43 GENE'S WATER & SEWER INC 122621 16,005.20 GRIGGS-COOPER & CO 122622 26,710.49 HEIGHTS BAKERY 122623 16.30 HOFER/HAROLD 122624 82.00 IPC PRINTIDIG 122625 457.41 IRONS/MIKE 122626 16.27 J & S MARKETING 122627 140.00 JEFF,BOBBY & STEVES AUTO 122628 175.00 JOHNSON BROS. LIQUOR CO. 122629 1,255.83 JOHNSTON/ERIK 122630 42.40 MARK VII DIST. 122631 34,000.88 MN DEPT OF ADMINISTRATIO 122632 493.25 OFFICE DEPOT 122633 29.09 134 ACS FINANCIAL SYSTEM 08/23/2007 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 08/27/2007 COUNCIL LISTING CHECK NUMBER AMOUNT PALMQUIST/BERNIE 122634 45.00 PETTY CASH - KAREN OLSON 12;2635 125.06 PETTY CASH - LIZ BRAY 122636 188.46 PHILLIPS WINE & SPIRITS 122637 1,533.99 QUALITY WINE & SPIRITS 122638 10,775.87 QWEST BUSINESS SERVICES 122639 21.12 QWEST COMMUNICATIONS 122640 90.60 SCHUMACHER/RANDY 122641 106.70 SINN/GREG 122642 24.19 SPECIALTY WINES & BEVERA 122643 90.67 SWANSON/GLORIA 122644 209.42 TEMTE/GENEVTEVE 122645 45.00 VEST COMPANY TNC 122646 214,897.99 VERIZON WIRELESS 122647 38.51 WINE SOURCE ACQUISITION 122648 1,603.02 XCEL ENERGY (N S P) 122649 6,533.33 ACE HARDWARE 122650 37.60 ALLIED WASTE SERVICES 122651 152.32 ALLIED/BFI WASTE SYSTEMS 122652 89,300.45 ALLINA MEDICAL TRANSPORT 122653 665.00 AMERIPRIDE INC 122G54 39.68 ANCOM COMMUNICATIONS INC 122655 458.46 ANOKA COUNTY 122656 250.00 ANOKA COUNTY LIBRARY 122657 3,625.05 ATLAS AUTO BODY, INC 122658 381.60 BAKER & TAYLOR 122659 3,431.08 BARNA GUZY & STEFFEN LTD 122660 14,527.00 BIFF'S,INC. 122661 1,273.92 BIG BOBS CARPET 122662 219.39 BLUEMELS TREE SERVICE 122663 9,879.07 BROOK WHITE CO. 122664 6,529.79 BRODART 122665 185.66 CAFITOL FURNITURE SALES 122666 260.93 CCP INDUSTRIES 122667 41.18 CENTERPOINT ENERGY HM SR 122668 28.00 CHILDREN'S BOOK COUNCIL 122669 39.50 CINTAS FIRST AID-SAFETY 122670 363.12 CITY OF ROSEVILLE 122671 600.00 CITY WIDE LOCKSMITHING I 122672 20.00 CLARK PRODUCTS INC 122673 90.11 COLUMBIA HEIGHTS RENTAL 122674 192.65 COMMERCIAL SYSTEM TECH I 122675 295.00 COORDINATED BUSINESS SYS 122676 340.47 CROWN TROPHY 122677 50.21 CRYSTEEL DISTRIBUTING 122678 209.33 DEMCO, INC. 122679 168.26 DISCOUNT STEEL INC 122680 83.58 135 ACS FINANCIAL SYSTEM 08/23/2007 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 08/27/2007 COUNCIL LISTING CHECK NUMBER AMOUNT DONAGHUE DOORS INC 122681 141.00 DU ALL SERVICE CONTRACTO 122682 4,663.65 DUN & BRADSTREET CORPORA 122683 689.50 EHLERS & ASSOCIATES INC 122684 4,613.65 EMERGENCY AUTOMOTIVE TEC 122685 148.99 ENGINEERING REPRO SYSTEM 122686 212.51 FIREHOUSE 122687 29.95 FRIDLEY/CITY OF 122688 200.10 G & K SERVICES INC 1226$9 212.39 GENUINE PARTS/NAPA AUTO 122690 106.49 HD SUPPLY WATER WORKS 122691 233.60 HEIGHTS ELECTRIC INC. 122692 918.45 HOME DEPOT #2802 122693 32.07 INSTRUMENTAL RESEARCH IN 122694 160.00 KEEP INC/THE 122695 49.84 KENNEDY & GRAVEN 122696 772.00 KIWANIS COLUMBIA HTS-FRI 122697 500.00 KIWANIS GOLDEN K FRID-CO 122698 500.00 LAKE RESTORATION INC 122699 609.76 LEAGUE OF MN CITIES INS 122700 161,990.00 MARSHALL CONCRETE PRODUC 122701 231.39 MEDICS TRAINING INC 122702 400.00 MEDTOX LABORATORIES, INC 122703 225.55 MENARDS CASHWAY LUMBER-F 122704 316.95 METROPOLITAN COUNCIL WAS 122705 68,308.19 MIDWAY FORD 122706 367.23 MIDWEST ASPHALT CO. 122707 390,184.51 MIDWEST OVERHEAD CRANE 122708 280.95 MINNEAPOLIS FINANCE DEPT 122709 140,738.69 MINNEAPOLIS OXYGEN CO. 122710 11.91 MINNESOTA DEPARTMENT OF 7.22711 10,134.00 MINNESOTA'S BOOKSTORE 122712 43.95 MN DEPARTMENT OF REVENUE 122713 13,101.45 NORTHERN WATER WORKS SUP 12271.4 303.53 OFFICE DEPOT 122715 641.53 ONVOY INC 122716 59.99 ORKIN INC 122717 65.65 PEPSI-COLA-7 UP 122718 638.50 PIONEER RIM & WHEEL CO. 122719 176.79 QUICKSILVER EXPRESS LOUR 122720 121.04 RANDOM HOUSE, INC 122721 96.00 RYDBERG/SCOTT 122722 45.00 S & T OFFICE PRODUCTS IN 122723 122.28 SCHINDLER ELEVATOR CORP 122724 269.19 SRF CONSULTING GROUP INC 122725 165.00 STANDARD & POOR'S CORP. 122726 641.26 STANWAY EXCAVATING 122727 894.60 136 ACS FINANCIAL SYSTEM 08/23/2007 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 08/27/2007 COUNCIL LISTING STAPLES BUSINESS ADVANTA SUN PUBLICATZOA7 INC THOMSON GALE TRANS-ALARM INC VERIZON WIRELESS VIETNAM VETRANS ORGNZTN XCEL ENERGY (N S P) ZIEGLER INC 3M CHECK NUMBER AMOUNT 122728 169.85 122729 645.74 122730 267.38 122731 222.25 122732 66.07 122733 50.00 122734 30.68 122735 2,076.75 122736 6,662.52 1,628,254.58 *** 137 ACS FINANCIAL SYSTEM 08/23/2007 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 08/27/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 1,628,254.58 RECORDS PRINTED - 000684 136 ACS FINANCIAL SYSTEM 08/23/2007 11:52:14 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 49,176.96 201 COMMUNITY DEVELOPMENT FUND 4,361.91 212 STATE AID MAINTENANCE 395.46 225 CABLE TELEVISION 14.78 240 LIBRARY 14,088.29 261 TWENTY-FIRST CENTURY PROGRAM 628.33 265 CONFISCATED/FORFEITED PROP 467.42 270 DARE PROJECT 159.58 370 TIF S7: HSG & REDV TIF DIST1 58.50 376 TAX INCREMENT BONDS 234.00 377 SHEFFIELD - TIF (M8) 58.50 378 MEDTRONIC - TIF (N7) 58.50 379 HOUSING TIF #1 SCATTER 58.50 385 MULTI-USE REDEVELOPMENT PLAN 58.50 389 R8;TRANSITION BLK REDEVELOP 58.50 411 CAPITAL IMP-GEN GOVT. BLDG 445.51 412 CAPITAL IMPROVEMENT PARKS 9,435.23 415 CAPITAL IMPRVMT - PIR PROJ 394,922.89 418 COMMUNITY CTR CAPITAL BLDG 3,263.65 420 CAP IMPROVEMENT-DEVELOPMENT 222,931.44 430 INFRASTRUCTURE FUND 301.98 436 CAPITAL EQUIP REPLACE-LIQUOR 183,072.46 601 WATER UTILITY 156,442.30 602 SEWER UTILITY 68,752.76 603 REFUSE FUND 90,771.05 604 STORM SEWER UTILITY 887.09 609 LIQUOR 99,707.79 651 WATER CONSTRUCTION FUND 11,220.00 701 CENTRAL GARAGE 3,799.81 720 DATA PROCESSING 1,707.36 875 FISCAL AGENCY: GIS RANGER 5,430.07 883 CONTRIBUTED PROJECTS-OTHER 639.00 884 INSURANCE 162,553.59 885 PAYROLL FUND 136,558.60 887 FLEX BENEFIT FUND 5,534.27 TOTAL ALL FUNDS 1,628,254.58 BANK RECAP; BANK NAME DISBURSEMENTS ---- ---------------------------- CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 139 ACS FINANCIAL SYSTEM CITY OF CC>LUMBIA HEIGHTS 08/23/2007 11:52:14 Check History GL060S-VG6.74 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,628,254.58 1,628,254.58 140 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2nd Reading: Ordinance 1529 for the BY: Jeff Sargent, City Planner BY: Rezoning of Property at 4800 Block of Central DATE: August 20, 2007 Avenue. BACKGROUND: At this time, the City of Columbia Heights is a Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial and a Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. RECOMMENDATION: The Planning Commission held a public hearing on August 8, 2007, and recommended approval of the Comprehensive Plan Amendment and rezoning of the property with a 4-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1.529, being ample copies available to the public. Move to adopt Ordinance No. 1529, rezoning the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from "Mixed Use Development District" to "General Business". Attachments: Draft Ord. 1529, P+Z Report, Applicutiort materials. COUNCIL ACTION 141 ORDINANCE 1529 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development District zoning allows for flexibility in land use regulations for those businesses in the subject area that other businesses along Central Avenue do not have; and WHEREAS, rezoning the subject parcels from MXD, Mixed Use Development District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007- 133, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the current development is compatible with the proposed GB, General Business classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: August 13, 2007 Second Reading: August 27, 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk 142 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0802 DATE: August 8, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 4800 Block of Central Avenue REQUEST: Comprehensive Plan Amendment, Zoning Amendment PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting two amendments with relation to the 4800 block of Central Avenue. They are as follows: 1. A Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial. 2. A Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild `vVings), 4801 Central Avenue (ytfeiie Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This guidance allows far a mixture of neighborhood service-oriented development with varying densities of residential development. Being that there is no future plans to accommodate a residential companent on any of the aforementioned properties, staff City of Columbia Heights Planning Commission August $, 2007 City of Columbia Heights Case # 2007-0802 recommends reguiding these parcels to return them to their previous classification. Far this reason, staff recommends a Comprehensive Plan Amendment to reguide the parcels located at 4yzsy, 4zs11, 4~u1, 475? and 475 Central Avenue from `Transit oriented Development" to "Commercial". ZONING ORDINANCE The subject properties are currently zoned MXD, Mixed Use Development District. Staff recommends rezoning the subject parcels to GB as this zoning classification would be mast fitting for the types of uses conducted on these premises. The General Business classification is more consistent with the zoning standards that are enforced for the other commercial properties along Central Avenue, and staff would like these parcels to be consistent with the rest of the Central Avenue corridor in this respect. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment will rezone a portion the subject properties from MXD, Mixed Use Development District, to GB, General Business. City staff is concurrently requesting a Comprehensive Plan Amendment, which would make the proposed zoning amendment consistent with the new Comprehensive Plan designation of "Commercial". 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment would rezone the subject properties to their previous zoning classification. The rezaning of this land would ensure that these businesses would use the property in the same manner as the other commercial uses along Central Avenue. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing uses of the properties in question are: a secondhand store, a restaurant, and an automobile supply store. These are all permitted uses in the GB, General Business District. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in Page 2 144 City of Columbia Heights Planning Commission August 8, 2007 City of Columbia Heights Case # 2007-0802 the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The possibility of the location of a hotel prompted the area to be rezoned from GB, General Business to MXD, Mixed Use Development District. Because there are no plans for a hotel to be located on the site, a rezoning back to General Business would be prudent. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the Comprehensive Plan Amendment to change the guidance of the land from "Transit Oriented Development" to "Commercial". Motion: That the Planning Commission recommend that the City Council approve the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from MXD, Mixed Use Development District to GB, General Business, based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: The approval of the rezoning of the property is contingent on the Metropolitan Council's approval of the Comprehensive Plan Amendment. Attachments • Location Map • Zoning Map • Draft Comprehensive Plan Amendment Resolution • Draft Rezoning Ordinance Page 3 145 CITY COUNCIL LETTER MEETING OF: AUGUST 27, 2007 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY NO. FINANCE MANAGER APPROVAL ITEM: RESOLUTION AWARDING THE SALE OF BY: WILL IAM ELRITE BY: $1,000,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A DATE: AUGUST 23, 2007 Previously the City Council adopted Ordinance 1527 authorizing the sale of bonds. The second reading of this ordinance was held on July 23, 2007. The sale of the bonds is scheduled for August 27, 2007. The attached resolution authorizes and awards this sale. At the meeting of August 27, 2007 the City Bond Counsel will distribute a copy of the resolution with the final amounts filled in. The Bond Counsel will also provide the detailed sales results at the meeting of August 27. Attached is a draft of the resolution that will be presented for adoption at the meeting. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-151, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-151 being a resolution. awarding the sale of $1,000,000 in General Obligation Improvement Bonds, Series 2007A. WE:sms 0808223COUNCIL Attachment COUNCIL ACTION: 149 CITY OF COLUMBIA HEIGHTS, MINNESOTA RFCnr.rrTrnN Nn_ ~nm_rsr RESOLUTION AVt~ARDING THE SALE OF $ GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the "Council''} of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Recitals. 1..01. The City is authorized by the Charter of the City of Columbia Heights (the "Charter") to issue its general obligation bonds for, among other things, the construction and rehabilitation of streets within the City (the "Street Rehabilitation"). 1.02. On July 9, 2007 the Council conducted a first reading of an ordinance to issue its general obligation bonds in the aggregate amount of $1,000,000 to finance the Street Rehabilitation (the "Ordinance"). 1.03 On July 23, 2007, the Council conducted a second reading of the Ordinance and adopted the Ordinance, subject to referendum as described in the Charter. 1.04 The Ordinance was published at least once in the City's official newspaper. The City Clerk did not receive a petition signed by the requisite amount of registered voters in the specified time frame to trigger a referendum on the issuance of the Bonds (hereinafter defined) under the Charier. Section 2. Sale of Bonds. 2.01. Award to Purchaser. The proposal of (the "Purchaser") to purchase the City's $ General Obligation Street Rehabilitation Bonds, Series 2007A (the "Bonds") described in the Terms of Offering thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Error! Unknown document property name. 150 Yoar Tnterpgt Rate 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 True Interest cost: The City Manager is directed to deposit the good faith check of the Purchaser on behalf of the City pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful proposers forthwith. The sum of $ being the amount offered by the Purchaser in excess of $ will be credited to the Debt Service Account created by Section 4.01 hereof. 2.02. Terms and Principal Amounts of the Bonds. The City will forthwith issue the Bonds pursuant to the Charter, in the total principal amount of $ , originally dated as of September 19, 2007, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Error! Cinknovvn document property name. 151 2.03. (~ntional_ Redemption• The City may elect on February 1, 2015, and on an_y da_y thereafter to prepay Bonds due on or after February 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 3. Form; Registration. 3.01. Registered Forrn. The Bonds will be issuable only in fully registered foam. The interest thereon and, upon surrender of each Bond, the principal amount thereof will be payable by check or draft issued by the Registrar described herein. 3.02. Dates• Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 in each year, commencing August 1, 2008, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) iZegistcr. T rie Registrar will keep at its principal Corporate t;-~,zct Cffira a 1jCrZd, register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bands entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. ErrorP Unknown document property name. Q, 152 r~~ FY~hanaP of Rnn~lc WhPnPVe,- anv Rnnrl~ are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon. a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of directly by the City. (e) Improper or Unauthorized Transfer. ~Jhen any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, far the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums to be paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen oi• Destroyed Bonds. In case any Bond becomes mutilated or destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon. the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or last, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in foi7n, substance and amount satisfactory to it, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by it and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for Error! Clnknown document property name. 5 153 re~iemntinn in arcnrrlance with its terms it will not be necessary to issue a new r -- -- Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the i-edernption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed far redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by iaw. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that dine. 3.04. Appointment of Initial Re istrar. The City hereby appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation will be authorized to act as successor Registrar. The City agrees to pay the reasonable and customaiy charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar will deliver the band register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Manager or a designee will transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 3.05. Execution Authentication and Delivery. The Bonds will be prepared under the direci"toil of the City Pvlanager and will be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds will cease to be such officer before the deliveiy of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all puiposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Bond will be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need. not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it has been autheiticated and delivered under this Resolution. When the Bonds have been so prepared., executed and authenticated, the City Manager will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to the application of the purchase price. Error! Unknown document property name. 154 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bands one or more typewritten temporary Bonds in substantially the form set forth in Section 3.07 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 3.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form: No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A Date of Rate Maturi Date Original Issue CUSIP September 19, 2007 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing home rule charter city and political subdivision in Anoka County, Pvlil~ulesota (tlie "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the Principal Amount of $ specified above on the Maturity Date specified above, payable February 1 and August 1 in each year, conunencing February 1, 2009, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon. and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successar under the Resolution described. herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby ii7•evocably pledged. The City may elect on. February 1, 2015, and on any day thereafter to prepay Bonds due on or after February 1, 2016. Redemption znay be in whole or in part and if in part, at the option Error! Unknown document property name. 155 of t6,a ("'"ter onrl ~n s~.;.':,h man~nei aS the (~'itv ;rill r~atP~:min[ Tf lPCC than all Bonds of a matl~rity are Vl lllt~ ~ll~' C4111i , J called for redemption, the City will notify Depositary Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $ ,all of like original date and tenor, except as to number, maturity date, redemption privilege and interest rate, issued pursuant to a resolution adopted by the City Council on August 27, 2007 (the "Resolution"), for the purpose of providing funds for the construction and rehabilitation of streets within the City, as authorized by the Charter of the City of Columbia Heights (the "Charter"), pursuant to and in full conformity with the Constitution, the Charter and the laws of the State of Minnesota. The principal hereof and interest hereon are payable from ad valorem taxes levied on all taxable property in the City, and if necessary for the payment thereof additional ad valorem taxes are required by law to be levied on all. taxable property in the City, which taxes are not subject to any limitation as to rate or amount, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon sul-render hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee oi° govei~n~~eiitai change requircd to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected. by any notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, the Charter and the laws of the State of Minnesota to be done, to happen. and to be performed preliminary to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner, that prior to the issuance of this bond the City Council of the City of Columbia Heights has provided funds for the payment of principal and interest on the Bonds of this series as the same become due, but the full faith and credit of the City is pledged for their payment and additional. taxes will be Error! Cinknovvn document property name. g 156 IPVtPl1 ;T YP/lillYP~ T~»- ~„~h ,~„rn..eP ~a~;thnnt l;rn;tatinn ac to the rate of amn~mt~ and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any charter, constitutional or statutory limitation thereon. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon will have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond. anal all tights thereunder, and does hereby irrevocably constitute aiid appoint Error! Unknown document property cEame. attorney to transfer the 9 157 n.rl T2.-.++.a ~v. tlz® 1~.nn~ro ~ra~rat ~nr rPni ctr~fitnn of t~'tP ~x7t 1'~'f1Tt Rnt1l~ tuith fiill nnw~.r of C71nCt1'fl ltt nil sale LV11lA Vll t11N VVVt~J ltivt./t ivi av~lJUax..vaa .... ~.... .. ........ Lv..v, .. .... .».. Z.... .. __ .,_ ........ ~.---------- in the premise. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon. the face of the within Band in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered. on the books of the Registrar in the name of the person last noted below. Error! Unknown document property name. 1€~ 158 Signature of Date of Registration Registered Owner Officer of the Registrar Cede & Co. Federal ID #13-2555119 3.08. Le ag 1 Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, as bond counsel, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Security; Payment. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Street Rehabilitation Bonds, Series 2007A Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Manager will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from. Bond proceeds, if any, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 2.01 and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. 4.02. Tax Levy. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual iirepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax roils and corrected with and as pay i of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of collection): Year Lev (See EXHIBIT B) 4.03. Debt Service Coverage. It is determined that the estimated collection. of the foregoing taxes will produce at least five percent in excess of the amount needed to meet when. due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the County Auditor of Anoka County the amount available in the Debt Service Fund to pay principal and interest due duz-ing the ensuing year, and the County Auditor will thereupon reduce the levy collectible during sud7 year by the amount so certified. Errar! Unknown docnment property name. l 1 159 4.04. Registration of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution. with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication. of Transcript. 5.01. City Proceedings and Records. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the bonds, certified copies of proceedings and records of the City relating to the bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Transcript. The Mayor and City Manager are hereby authorized and directed to certify that they have examined the Official Statement, dated August 16, 2007, prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to the Registrar on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenants. 6.01. Tax Exemption. The City will comply with requirements necessary under the Internal Revenue Code of 1986, as amended (the "Code") to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to the temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2007) exceed the small-issuer exception amount of $5,000,000. 6.02. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them. to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. Error! Unknown dacnment property- name. 12 160 ~ (l2 D,-..~.ar7,,,-.~1 1?An„irs>manto Tha C~'st[7 ~zJill nc[>. itc hACt Pffnt'tC to Cnm»~V Wtth anV V.V.I. 11VV VUUl U1 1\L+l.~l.Lll V111ViiLJ. liiv vaL) r•aaa ».+.. a.v .~..... -~~_.~__. _~. ~----1--J - - ~ federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System• Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the foam of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.02 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for Tl~e Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Boiids, ar~d for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (tile "Representation Letter"} which shall goven~ Error! Unknown document property name. 1 161 ,.t .,F .~ ,~,al n~ ,zrnm„im if an~~ anti intaract nn t}1P Rnri~1C Anl~ t1nt1('. P.C Wlt}1 1'P.CT1P.Ct to Nuyiu~.u~ vi Yiul~+iYui vi, Y , y, .,,,.. ,,,,..,.,.,., ..... ................ ..... -- the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with. respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Pay_ menu to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation. Letter. Section 8. Continuing Disclosure. 8.01. Cit~ompliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Ceiii irate is ilot to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continui~ Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. 9.01. Pledges Covenants and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted. by this resolution to the holders of the Bonds will cease, except that the pledge of the full Error! C~nknown document property name. 1 ~, 162 r .+~ „_a „_,.a:+ ,.~ +L. ,. ~:+.> ~ .. +i-,o ... „t ~„~ F„11 r.~~,rr+Ant of tl,a nr;nr-;nal of and intarPet nn the tattu auu cicuii vi uic .icy ivi uic t,rviiiY~ u.au ~u,~ t,uy,~~.,~a. ~~ «,~ t,.......j,.....,. ~.... _.__.,...,,_ .,__ __-_ Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond. should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) Error! Unknown document property name. 15 163 The motion for adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Error? Onknown document property name. l 6 164 STATE OF ~viil`vA~ESvTA ) ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS} I, the undersigned, being the duly qualified and acting City Manager of the City of Columbia Heights, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, August 27, 2007, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City's $ General Obligation Street Rehabilitation Bonds, Series 2007A. WITNESS My hand as City Manager and the corporate seal of the City this day of , 2007. City Manager City of Columbia Heights, Minnesota (SEAL) Error! (~4iknown document property name. ~_I 165 nm n m~ n~ ~,rn.Th.rt~cnm n !''(1T TT~TTV 0T TTlTTC1R'Q CERTIFICATE A5 TO COUNTY OF ANOKA TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Anoka County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Columbia Heights, Minnesota, on August 27, 2007, levying taxes for the payment of $ General Obligation Street Rehabilitation Bonds, Series 2007A, of said municipality dated September 19, 2007, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2007. (SEAL) H wort unknown doeumcnt property name. 5-2 County Auditor Anoka County, Minnesota 1JepUty By 166 c~vuTnam ,e L' .A111131 1 Ci PROPOSALS Urrort Unknown document property name. A_ 167 L'VLTTDTT D L' A111L11 L TAX LEVY SCHEDULE YEAR * TAX LEVY 2008 2009 2010 2011 2012 2013 201.4 2015 2016 2017 2018 * Yeas- tax leery collected. Error! Unknown document property name. B-1 168 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: August 20, 2007 DATE: NO: 2007-148 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Sean Hokland regarding rental property at 1231-1233 40`h Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution. No.2007-148, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-148, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A} of the rental license held by Sean Hokland regarding rental property at 1231-1233 40`'' Avenue N.E. COUNCIL ACTION: 169 RESOLUTION 2007-148 Resolution of the City Council far the City of Coiumnia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section. SA.408(A) of that certain residential rental license held by Sean Hokland (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1231-1233 40`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 8, 2007 of an public hearing to be held on August 27, 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 June 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this propertty. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 8, 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- wlt: 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 F7811 is hereby revoked; 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 1-evoking the license as held by License Holder. 170 Passed this _ day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 171 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 20, 2007 DATE: NO: 2007-149 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Osama Abdel-Kerim regarding property at 5057 University Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-149, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-149, a resolution of the City Council of the City of Columbia Heights declaring the property at 5057 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 172 RESOLUTION 2007-149 ., Resolution of the City Council for the City ofCoiumbia Heights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Osama Abdel-Kerim (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5057 University 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 August 6, 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 July 17, 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 August 6, 2007 inspectors reinspected 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 August 17, 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 ba-ush and downed tree matet-ial from vacant lot next to 5057 University 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 5057 University 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. 173 ORDER OF COUNCIL 1. The property located at 5057 University Avenue N.E. constitutes a nuisance pursuant to City Code. 20 That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 174 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO. APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 20, 2007 DATE: NO: 2007-150 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Al-Noor Agil regarding property at 4236 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-I50, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-150, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Cade section 8.206. COUNCIL ACTION: 175 RESOLUTION 2007-150 Resolution of the City Council for the City of Columbia rieights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Al-Noor Agil (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4236 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 6, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 8, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 2, 2006, a seasonal extension of time was granted so that the violation could be corrected. The reinspection was extended to August 6, 2007. 3 a That on August 6, 2007 inspectors reinspected 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. 4. That on August 17, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the driveway that is in very poor shape 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4236 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such. rights have been exercised and 176 completed. ORirER Or Cvui~CiL 1. The property located at 4236 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 177 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO; APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 20, 2007 DATE: NO: 2007-152 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Christopher Decker regarding property at 660-662 47 '/2 Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-152, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-152, a resolution of the City Council of the City of Columbia Heights declaring the property at 660- 662 47 `/2 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 178 RESOLUTION 2007-152 ., Resolution of the City Council for the City of C:oiumbia Heights declaring me properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, ofCity Code, of the property owned by Christopher Decker (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real properly located at 660-662 47 '/2 Avenue 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 certified mail to the owner of record on August 7, 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 July 5, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 7, 2007 inspectors reinspected the property listed above. Inspectors noted that two 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 August 16, 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 repair broken window in front on 660side. R. Shall rerrnyp all areas of cr~-~ib growth 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 660-662 47-1/2 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 ail applicable rights and periods of appeal as relating to the owner of reco7•d, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 179 ORDER OF COUNCIL 1. The property located at 660-662 47-1/2 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. Passed this day of 2007 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 180 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adapt Resolution Far BY: Gary Gorman BY: Abatement DATE: August 20, 2007 DATE: NO: 2007- 153 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kyle Smith regarding property at 4544-4546 Fillmore Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to clase the public hearing and to waive the reading of Resolution No. 2007-153, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-153, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544- 4546 Fillmore Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 181 RESOLUTION 2007-153 ., Resolution offhe City Council for the City ofC:oiumbia Heighis declaring me property a tiuisatice and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Cade, of the property owned by Kyle Smith (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4544-4546 Fillmore 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 July 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 June 18, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 26, 2007 inspectors reinspected the property listed above. Inspectors noted that three 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 August 16, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any trash-garbage-debris from the property B. Shall repair the garage doors and t_h_e garage wall that are smashed C. Shall t•e~nove the rock pile next to the south side of the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section. 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4544-4546 Fillmore 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 ~•ights and periads of appeal as relating to the owner of record., occupant, 182 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 4544-4546 Fillmore Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia 1`.4uscovitz, CMC City Clerk 183 CITY COUNCIL LETTER Meeting of August 27, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO. APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 20, 2007 DATE: NO: 2007-154 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against James D. Paulson regarding property at 4516 5`" 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. 2007-154, there being ample capies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-154, a resolution of the City Council of the City of Columbia Heights declaring the property at 4516 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: 184 RESOLUTION 2007-154 rr'y t t TT t t _t_ ~t__ ftesoiution ofthe City Council for the City or ~oiumoia neign~s aecianiig Inc Iiiopeiiy a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James D. Paulson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 451.6 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 August 6, 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 July 3, 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 August 6, 2007 inspectors reinspected 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 August 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 repair fencing in back yard that is broken !missing. 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 Ciry Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 4516 5th Sheet 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 awner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 185 ORDER OF COUNCIL 1. The property located at 4516 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. Passed this day of 2007 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 186 CITY OF COLUMBIA HEIGHTS 2008 BUDGET MESSAGE The budget message and document have been put together to comply with the City Charter and state statute requirements for providing budget information and adopting a proposed budget and proposed tax levy. Under state statutes the City of Columbia Heights must adopt a proposed budget and a proposed tax levy and certify it to the County Auditor’s office prior to September 15. The City then has until December 28 to adopt and certify a final budget and levy to the County Auditor’s office. The final levy can be less than the proposed levy but it cannot be greater than the proposed levy. Based on this, staff traditionally recommends establishing a proposed levy that is adequate to cover budgetary needs with the understanding that as the budget process is finalized, the City Council has the opportunity to reduce the final property tax levy. Budget Format The City of Columbia Heights budget is prepared and distributed in a format that includes useful narrative information that highlights department activities, objectives, and budget summary. This format is designed to provide the user of the budget with a more descriptive narrative explaining the highlights of the budget. Under this format the budget is broken down into ten functional areas and is prepared with a narrative budget message for each of these areas. When the City Council meets with the various departments, a detailed budget workbook will be distributed to the council for each of the functional areas. The workbook is intended for utilization during the work session to provide more detail for each individual budget. At the end of the City Council budget review process, a summary of the budget will be assembled for distribution to the public at the City’s Truth in Taxation hearing, which is generally held one week prior to the adoption of the budget. Budget Overview Historic LGA Information In the 1970’s the state legislature passed legislation that created LGA to cities. With this legislation a formula was developed to distribute the aid to cities based on need and other factors. Throughout the years the LGA formula was very beneficial to the City of Columbia Heights. By 2003, the City’s certified LGA was $2,651,999 or 30% of the City’s General Fund revenue. At this point, the City had become very reliant on LGA to cover the costs of basic, essential services such as police, fire and public works. In 2003, when the governor and state legislature made significant reductions to LGA, it was devastating to cities such as Columbia Heights who were reliant on this aid for essential services. The only alternative cities had was to increase property tax levies to maintain the current service level. ï During the period of time from 2003 to 2006 the City’s LGA dropped from $2,651,999 to $1,028,487, a reduction of $1,623,512. During this same period of time property tax levies were increased by $1,529,553 to partially offset the loss in LGA. For 2008 the City’s certified LGA is $1,260,148, an increase of $21,554 over the LGA received in 2007. 2008 Budget Highlights The attached detail budget pages cover the recommended increases and decreases to the various budgets. In summary, the proposed 2008 General Fund budget is $9,138,957, which is an increase of $427,221 over the 2007 budget. This is an increase of 4.9% that is primarily due to cost of living increases that the City Council approved for employee wages and benefits. Of this increase, the largest portion is in the public safety area. The Police Department budget has increased $150,700 and the Fire Department by $69,263 for a total public safety increase of $219,963, which is 51.48% of the total proposed General Fund increase. When the increase for the General Fund is combined with the increase for the Library and EDA, the total tax-supported budget increase is $496,344. The City Manager is proposing the use of $150,062 in fund balance, which leaves a balance of $346,282. When this is offset by the increase in LGA of $21,554 it leaves a need for a property tax increase of $324,728 or 5.33%. However, as there may be other items such as additional policing, housing inspections, and/or expanded Fire department inspections that the City Council may want to add to the 2008 budget during the budget review process, the City Manager is recommending that the City Council increase the proposed budget by $70,000 in contingencies for potential add-backs and increases. This would bring the proposed levy increase to 6.4%. It is important to remember that the amount that is adopted for a preliminary proposed levy cannot be increased but it can be decreased when the final levy is adopted in December. î RESOLUTION 2006-133 RESOLUTION ____________ RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED CITY SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, LEVY, APPROVING THE HRA LEVY, IMPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund9,138,957 Community Development Fund597,133 Economic Development Fund274,863 State Aid148,949 Cable Television123,333 Library719,156 DARE Project5,375 Infrastructure113,792 Capital Improvement345,000 Capital Equipment Replacement Funds461,815 Construction Funds1,054,300 Central Garage Fund579,273 Liquor Operating 7,901,783 Liquor Capital/Non-Operating319,042 Water Utility Fund2,209,771 Sewer Utility Fund1,660,244 Refuse Fund1,399,299 Storm Sewer Fund387,556 Data Processing268,532 Debt Service Fund2,470,750 Total Expense Including Interfund Transfers 30,178,923 Section B. The estimated gross revenue to fund the budget of the City of Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including Columbia Heights for all funds, including general ad valorem tax levies and general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008: use of fund balances, as hereinafter set forth for the year Revenue General Fund9,138,957 Community Development Fund597,133 Economic Development Fund274,863 State Aid148,949 Cable Television123,333 Library719,156 DARE Project5,375 Infrastructure113,792 Capital Improvements345,000 Capital Equipment Replacement Funds461,815 Construction Funds1,054,300 Central Garage Fund579,273 Liquor Operating 7,901,783 Liquor Capital/Non-Operating319,042 Water Utility Fund2,209,771 Sewer Utility Fund1,660,244 Refuse Fund1,399,299 Storm Sewer Fund387,556 Data Processing268,532 Debt Service Fund2,470,750 í Total Revenue Including Interfund Transfers30,178,923 RESOLUTION 2006-133 RESOLUTION ____________ RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED CITY SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, LEVY, APPROVING THE HRA LEVY, IMPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008. Section C. The following sums of money are levied for the current year, collectable in 2009, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy6,235,764 Estimated Library Levy532,509 Estimated EDA Fund Levy78,622 6,846,895 Total Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2008 in the amount of $196,241. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2008 that is higher than the tax rate calculated for the city for taxes levied in 2006, collectable in 2007. BE IT FURTHER RESOLVED : That the city has adequate fund balances and reserves to pay all 2008 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2008. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ------------------- day of ----------------- Offered By: Seconded By: Roll Call: Ayes: Nays: ________________________ Mayor Gary Peterson ____________________________ Patricia Muscovitz, Deputy City Clerk, CMC ì City of Columbia Heights, Minnesota Various Properties with Various Values TAX LEVIES PAYABLE 2006 - 2007 MARKET VALUE (PAYABLE 2006)100,600.00 MARKET VALUE (PAYABLE 2007)102,200.00 CountyCitySchoolOtherTotal 2006 Taxes177.43250.80255.9522.69706.87 2007 Taxes205.42281.25269.3424.34780.35 Amount of Increase 2006/200727.9930.4513.391.6573.48 MARKET VALUE (PAYABLE 2006)161,600.00 MARKET VALUE (PAYABLE 2007)169,000.00 CountyCitySchoolOtherTotal 2006 Taxes355.44502.40454.1845.441,357.46 2007 Taxes403.04551.77473.6447.781,476.23 Amount of Increase 2006/200747.6049.3719.462.34118.77 MARKET VALUE (PAYABLE 2006)182,700.00 MARKET VALUE (PAYABLE 2007)192,600.00 CountyCitySchoolOtherTotal 2006 Taxes512.40724.30628.9465.501,931.14 2007 Taxes518.81710.30593.3261.481,883.91 Amount of Increase 2006/20076.41(14.00)(35.62)(4.02)(47.23) MARKET VALUE (PAYABLE 2006)206,900.00 MARKET VALUE (PAYABLE 2007)225,700.00 CountyCitySchoolOtherTotal 2006 Taxes596.90843.75722.57110.162,273.38 2007 Taxes629.69862.09707.62101.952,301.35 Amount of Increase 2006/200732.7918.34(14.95)(8.21)27.97 MARKET VALUE (PAYABLE 2006)268,100.00 MARKET VALUE (PAYABLE 2007)258,400.00 CountyCitySchoolOtherTotal 2006 Taxes806.981,140.75957.01103.153,007.89 2007 Taxes737.701,010.00819.6487.422,654.76 Amount of Increase 2006/2007(69.28)(130.75)(137.37)(15.73)(353.13) ë City of Columbia Heights, Minnesota Various Properties with Various Values TAX LEVIES PAYABLE 2006 - 2007 MARKET VALUE (PAYABLE 2006)162,700.00 MARKET VALUE (PAYABLE 2007)180,000.00 CountyCitySchoolOtherTotal 2006 Taxes443.39626.75552.1256.711,678.97 2007 Taxes476.89652.88550.0056.531,736.30 Amount of Increase 2006/200733.5026.13(2.12)(0.18)57.33 MARKET VALUE (PAYABLE 2006)215,700.00 MARKET VALUE (PAYABLE 2007)239,400.00 CountyCitySchoolOtherTotal 2006 Taxes627.22886.62756.32115.752,385.91 2007 Taxes675.22924.44754.70109.292,463.65 Amount of Increase 2006/200748.0037.82(1.62)(6.46)77.74 MARKET VALUE (PAYABLE 2006)225,700.00 MARKET VALUE (PAYABLE 2007)226,600.00 CountyCitySchoolOtherTotal 2006 Taxes660.73933.96794.1384.472,473.29 2007 Taxes631.93865.11710.2874.902,282.22 Amount of Increase 2006/2007(28.80)(68.85)(83.85)(9.57)(191.07) MARKET VALUE (PAYABLE 2006)248,400.00 MARKET VALUE (PAYABLE 2007)259,100.00 CountyCitySchoolOtherTotal 2006 Taxes623.13880.82752.2579.662,335.86 2007 Taxes699.78958.04780.4382.952,521.20 Amount of Increase 2006/200776.6577.2228.183.29185.34 MARKET VALUE (PAYABLE 2006)249,800.00 MARKET VALUE (PAYABLE 2007)242,600.00 CountyCitySchoolOtherTotal 2006 Taxes743.861,051.49886.7095.102,777.15 2007 Taxes685.16937.96765.2981.242,469.65 Amount of Increase 2006/2007(58.70)(113.53)(121.41)(13.86)(307.50) ê City of Columbia Heights, Minnesota Various Properties with Various Values TAX LEVIES PAYABLE 2006 - 2007 Market ValueCity Tax PAYABLE 2006100,600.00251.00 PAYABLE 2007102,200.00281.25 Amount of Increase1,600.0030.25 Increase per month2.52 PAYABLE 2006161,600.00502.40 PAYABLE 2007169,000.00551.77 Amount of Increase7,400.0049.37 Increase per month4.11 PAYABLE 2006162,700.00626.75 PAYABLE 2007180,000.00652.88 Amount of Increase17,300.0026.13 Increase per month2.18 PAYABLE 2006182,700.00724.30 PAYABLE 2007192,600.00710.30 Amount of Increase9,900.00(14.00) Increase per month(1.17) PAYABLE 2006215,700.00886.62 PAYABLE 2007239,400.00924.44 Amount of Increase23,700.0037.82 Increase per month3.15 PAYABLE 2006206,900.00843.75 PAYABLE 2007225,700.00862.09 Amount of Increase18,800.0018.34 Increase per month1.53 PAYABLE 2006225,700.00933.96 PAYABLE 2007226,600.00865.11 Amount of Increase900.00(68.85) Increase per month(5.74) PAYABLE 2006248,400.00880.82 PAYABLE 2007259,100.00958.04 Amount of Increase10,700.0077.22 Increase per month6.43 PAYABLE 2006249,800.001,051.49 PAYABLE 2007242,600.00937.96 Amount of Increase(7,200.00)(113.53) Increase per month(9.46) PAYABLE 2006268,100.001,140.75 PAYABLE 2007258,400.001,010.00 Amount of Increase(9,700.00)(130.75) Increase per month(10.90) é è ç ïð City of Columbia Heights, Minnesota Comparison of Tax Supported Funds 2005 - 2008 City Manager'sInc/Dec ActualActualAdoptedProposedfrom 20052006200720082007 General Fund 41110Mayor-Council 171,499178,893179,484189,92310,439 41320City Manager 400,809377,982397,698398,026328 41410Elections 8,05935,250049,58849,588 41510Finance 578,466600,423636,000656,17320,173 41550Assessing 91,47296,842107,670106,415(1,255) 41610Legal Services 165,164166,620186,500186,5000 41940General Government Bldg152,017111,193156,139159,2123,073 42100Police 2,593,3372,696,2552,895,8053,046,505150,700 42200Fire 1,044,5771,066,9291,090,5051,159,76869,263 42500Civil Defense 23,79623,06330,33022,344(7,986) 42700Animal Control 12,89112,81515,47015,4700 43000Public Works 00000 43100Engineering 369,243342,584311,316321,40210,086 43121Streets 659,728593,999713,060760,89747,837 43160Street Lighting 128,731129,485145,354151,1675,813 43170Traffic Signs & Signals 74,79783,12573,93281,1827,250 43260Weed Control 11,86422,65421,50321,493(10) 45000Recreation Administration 151,804157,485155,111158,6083,497 45001Youth Athletics 29,08827,46633,29333,2930 45003Adult Athletics 25,99920,15136,49529,419(7,076) 45004Youth Enrichment 26,35833,54049,77960,10410,325 45005Travel Athletics 22,17121,91232,26831,139(1,129) 45006Back to the Parks 00000 45030Trips & Outings 61,84361,90956,17257,2121,040 45040Senior Citizens 73,02878,02278,27081,6893,419 45050Recognition/Special Events 31,88230,69433,70033,7000 45129Murzyn Hall 188,696211,383212,069228,23016,161 45200Parks 691,601713,759713,722735,51421,792 46102Tree Maintenance 152,262129,058120,255128,9848,729 46103Dutch Elm Sanitation 357545000 46104Dutch Elm Replanting 00000 49200Contingencies 2,181044,83650,0005,164 49300Transfers 1,258,63085,000185,000185,0000 Total General Fund 9,202,3508,109,0378,711,7369,138,957427,221 Economic Development Authority 46314Econ Development Authority 635,678246,331317,228274,863(42,365) Total EDA 635,678246,331317,228274,863(42,365) Library 45500Library622,280643,584683,095719,15636,061 Total Library 622,280643,584683,095719,15636,061 ïï City of Columbia Heights, Minnesota Budget 2008 Summary of Tax Supported Revenue City Manager's Change from ActualActualAdpotedProposed2007 General Fund 2005200620072008to 2008 Proposed Taxes4,960,6685,202,8265,854,9676,235,764380,797 Licenses And Permits344,372127,827120,600133,60013,000 Intergovernmental Revenue1,890,6961,793,6711,515,6881,680,304164,616 Charges For Current Services497,517530,473488,998505,46616,468 Fines And Forfeits127,555129,400120,000128,0008,000 Miscellaneous121,03898,584101,12685,500(15,626) Sales And Related Charges9(59)000 Allocations00000 Trans and Non Rev Receipts470,514472,035484,212370,323(113,889) Total Revenue8,412,369 8,354,757 8,685,591 9,138,957 453,366 Librar y Taxes438,835478,319504,748532,50927,761 Licenses And Permits00000 Intergovernmental Revenue150,062150,062150,062150,0620 Charges For Current Services6,9937,7698,5009,5001,000 Fines And Forfeits12,18112,37214,00015,0001,000 Miscellaneous4,3177,2004,7004,7000 Sales And Related Charges00000 Allocations00000 Trans and Non Rev Receipts0(57)50500 Total Revenue612,388655,665682,060711,82129,761 Economic Development Auth EDA Levy172,407176,929140,89878,622(62,276) HRA Levy44,74846,551176,330196,24119,911 Licenses And Permits00000 Intergovernmental Revenue14,75013,113000 Charges For Current Services00000 Fines And Forfeits00000 Miscellaneous790960000 Sales And Related Charges00000 Allocations00000 Trans and Non Rev Receipts00000 Total Revenue232,695237,553317,228274,863(42,365) ïî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Summary by Fun d City Manager's ActualActualAdopted Dept Proposed 2005200620072008 Revenues 101General Fund8,412,369.008,354,756.808,685,591.009,138,957.00 201Community Devlopment520,312.00726,069.67917,211.00632,958.00 202Anoka County CDBG281,031.000.000.000.00 204EDA232,650.00237,552.00317,228.00274,863.00 212State Aid Maintenance157,831.00140,221.00141,250.00137,500.00 225Cable Television142,325.00151,781.00145,000.00154,600.00 240Library612,388.00655,665.00682,060.00711,821.00 270DARE Project9,000.0010,703.009,000.009,000.00 340G.O. Improvement Bonds 2006A0.000.000.00420,800.00 350G.O. Refund Bonds 2004A6,402.07656,723.00643,800.00785,200.00 376Tax Increment Bonds827,138.00851,412.79790,000.00839,000.00 377Sheffield - DS64,630.0074,425.000.000.00 378Medtronics - DS124,150.00133,623.000.000.00 379Housing TIF #1 - Scatter30,304.0039,992.000.000.00 382Tax Increment Bonds - 1990974,950.000.000.000.00 385Multi-Use Redevelopment23,608.0024,956.910.000.00 386Housing TIF #2 St Timithy Sr1,109.001,200.870.000.00 387G.O. Improvement Bonds 1999A45,554.0044,678.3540,000.0040,000.00 388G.O. Utility Rev Bond 1999B260,842.00116,065.71144,000.00134,000.00 389R8: Transition Block66,519.0047,380.120.000.00 402Total State Aid Construction467,189.00375,000.00150,000.00270,000.00 411Capital Improvements-Gen Govt Bldg141,522.0024,119.0072,500.0072,500.00 412Capital Improvements Parks46,771.00213,698.00159,400.00104,400.00 430Infrastructure Fund53,658.0057,700.04106,000.00156,000.00 431Cap Equip Replacement-General Fund220,962.00240,041.00250,002.00200,001.00 432Cap Equip Replacement - Sewer35,153.0038,650.0040,000.0040,000.00 433Cap Equip Replacement - Water35,978.0038,559.9635,000.0035,000.00 434Cap Equip Replacement - Garage0.005,490.005,100.005,100.00 436Cap Equip Replacement - Liquor620.00999.00999.00999.00 439Cap Equip Replacement - Fire6,359.0062,043.0010,000.0010,000.00 437Cap Equip Replacement - Data Proc632.001,080.001,000.001,000.00 438Cap Equip Replacement-Storm Sewer6,404.007,050.005,850.005,850.00 601Water Utility1,850,206.002,382,182.002,097,926.002,240,535.00 602Sewer Utility1,315,516.001,543,532.001,400,780.001,500,928.00 603Refuse Fund1,311,274.001,320,302.001,314,998.001,393,854.00 604Storm Sewer Fund275,547.00383,875.00374,375.00320,000.00 609Liquor6,740,102.006,579,368.877,588,100.007,884,470.00 631Water Fund Debt Service245,848.40300,323.000.00172,699.00 632Sewer Fund Debt Service5,106.005,068.004,825.004,100.00 634Storm Sewer Debt Service332,159.00134,965.00155,200.00151,300.00 651Water Construction Fund2,052.001,323,575.00400,000.00200,000.00 652Sewer Construction Fund85,948.0088,911.00200,000.00125,000.00 653Storm Sewer Construction Fund34,891.00249,431.00175,000.00225,000.00 701Central Garage522,115.00529,311.00524,150.00533,900.00 720Data Processing234,999.00257,576.00235,006.00234,994.00 26,764,123.4728,430,056.0927,821,351.0029,166,329.00 ïí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Summary by Fun d City Manager's ActualActualAdopted Dept Proposed 2005200620072008 Expenses 101General Fund Mayor-Council 41110171,499.00178,893.25179,484.00189,923.00 City Manager 41320400,809.00377,982.09397,698.00398,026.00 Elections 414108,059.0035,250.250.0049,588.00 Finance 41510578,465.55600,422.87636,000.00656,173.00 Assessing 4155091,472.0096,841.97107,670.00106,415.00 Legal Services 41610165,164.00166,619.96186,500.00186,500.00 General Government Buildings 41940152,017.00111,193.38156,139.00159,212.00 Police 421002,593,337.002,696,254.752,895,805.003,046,505.00 Fire 422001,044,577.001,066,929.231,090,505.001,159,768.00 Civil Defense 4250023,796.0023,062.8630,330.0022,344.00 Animal Control 4270012,891.0012,815.4615,470.0015,470.00 Engineering 43100369,243.00342,583.94311,316.00321,402.00 Streets 43121659,728.00593,999.23713,060.00760,897.00 Street Lighting 43160128,731.00129,485.05145,354.00151,167.00 Traffic Signs & Signals 4317074,797.0083,124.7373,932.0081,182.00 Weed Control 4326011,864.0022,654.1621,503.0021,493.00 Recreation Administration 45000151,804.00157,484.89155,111.00158,608.00 Youth Athletics 4500129,088.0027,465.5533,293.0033,293.00 Adult Athletics 4500325,999.0020,150.6636,495.0029,419.00 Youth Enrichment 4500426,358.0033,540.4849,779.0060,104.00 Travel Athletics 4500522,171.0021,911.8932,268.0031,139.00 Trips & Outings 4503061,843.0061,908.5056,172.0057,212.00 Senior Citizens 4504073,028.0078,022.1478,270.0081,689.00 Recognition/Special Events 4505031,882.0030,694.2333,700.0033,700.00 Murzyn Hall 45129188,696.00211,383.12212,069.00228,230.00 Parks 45200691,601.00713,759.00713,722.00735,514.00 Tree Maintenance 46102152,262.00129,058.29120,255.00128,984.00 Dutch Elm Sanitation 46103357.00545.380.000.00 Contingencies 492002,181.260.0044,836.0050,000.00 Transfers 493001,258,630.0085,000.08185,000.00185,000.00 Total9,202,349.818,109,037.398,711,736.009,138,957.00 ïì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Summary by Fun d City Manager's ActualActualAdopted Dept Proposed 2005200620072008 201Community Development Protective Inspection 42400277,541.00481,713.24599,983.00322,270.00 Community Development Adm 46310217,389.00221,386.12317,228.00274,863.00 202Anoka County CDBG0.00 HRA Anoka County CDBG 46350294,294.0064,000.000.000.00 204Economic Development Authority0.00 Econ Development Authority 46314635,678.00246,330.96317,228.00274,863.00 Home Improvements 46324125.000.000.000.00 212State Aid Maintenance0.00 State Aid Maintenance 43190112,797.00117,561.94159,828.00148,949.00 225Cable Television0.00 Cable Television 49844102,869.00110,107.77190,074.00123,333.00 240Library0.00 Library 45500622,280.00643,583.88683,095.00719,156.00 270DARE Project0.00 Police - DARE Project 421604,800.004,838.085,375.005,375.00 340G.O. Improvement Bond 2006A0.000.000.00331,200.00 350G.O. Refund Bonds 2004A 4700032,561.46645,906.25643,875.00645,600.00 376Tax Increment Bonds0.00 Bonds 47000935,165.45668,322.03658,300.00799,200.00 377Sheffield - DS0.00 Bonds 4700023,184.7521,940.890.000.00 378Medtronics -DS0.00 Community Development Adm 46310141,043.000.000.000.00 Bonds 47000285.78963.590.000.00 379Housing TIF #1 - Scatter0.00 Bonds 47000459.921,707.360.000.00 382Tax Increment Bonds - 19900.00 Bonds 470003,651,308.697,638.000.000.00 385Multi-Use Redevelopment0.00 Bonds 470007,031.184,499.840.000.00 386Housing TIF #2 St Timithy Sr0.00 Bonds 47000285.78674.840.000.00 387G.O. Improvement Bonds 1999A0.00 Bonds 47000114,451.25105,856.25102,280.0093,700.00 388G.O. Utility Rev Bond 1999B0.00 Bonds 47000112,341.93513,158.96127,900.00127,900.00 389R8: Transition Block0.00 Bonds 47000110,069.2844,403.590.000.00 402Total State Aid Construction0.00 471,466.77496,126.57150,000.00384,800.00 Library 455000.001,799,986.500.000.00 Central Garage 49950464,981.33667,835.9938,000.0060,000.00 412Capital Improvements Parks0.00 Community Center 451302,000.72500,000.000.000.00 Parks 4520045,382.00566.04357,500.00285,000.00 430Infrastructure Fund0.00 Capital Improvement Expense 46323600.00114,219.39156,055.00113,792.00 431Cap Equip Replacement-General Fund0.00 Finance 415100.00 General Government Buildings 419400.00 Police 4210071,889.0041,376.0054,260.0075,500.00 Engineering 431008,941.0016,197.1829,500.000.00 Streets 4312116,750.0026,470.58112,000.00260,400.00 Parks 452005,031.0030,104.75153,000.0025,915.00 Tree Trimming 4610245,000.000.000.000.00 432Cap Equip Replacement - Sewer0.00 Non-Operating 49499143,276.0031,036.08140,000.000.00 ïë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Summary by Fun d City Manager's ActualActualAdopted Dept Proposed 2005200620072008 433Cap Equip Replacement - Water0.00 Non-Operating 4944929,197.0052,959.1126,000.000.00 438Cap Equip Replacement - Storm Sewer0.00 496990.000.000.00100,000.00 439Cap Equip Replacement-Fire0.00 Fire 4220082,162.0063,863.92110,000.000.00 601Water Utility0.00 Bonds 470000.00 Source of Supply 49400975,178.00986,579.601,135,500.001,165,500.00 Distribution 49430686,621.00727,263.89718,025.00809,358.00 Administration & General 49440127,633.00130,765.21135,213.00135,213.00 Non-Operating 49449175,927.00455,687.18163,600.0099,700.00 602Sewer Utility0.00 Collections 49450494,658.00523,675.84628,115.00645,764.00 Disposal 49480770,375.00794,521.56845,268.00875,268.00 Administration & General 49490124,187.00127,758.14135,212.00135,212.00 Non-Operating 4949962,108.0061,245.684,800.004,000.00 603Refuse Fund0.00 Refuse Disposal 495101,075,850.441,060,554.001,163,190.001,180,700.00 Collection & Disposal 49520118,852.00125,861.75119,832.00116,083.00 Recycling 4953095,995.00103,829.24102,042.0095,714.00 Hazardous Waste 49540839.001,085.196,442.006,802.00 604Storm Sewer Fund0.00 Collections 49650170,126.00165,022.62213,935.00235,936.00 Administration & General 496903,548.001,230.361,500.001,320.00 Non-Operating 49699139,532.00144,143.65154,400.00150,300.00 609Liquor0.00 Liquor Store #1 497913,008,098.002,985,207.003,246,838.003,735,950.00 Liquor Store #2 497922,302,080.002,372,834.262,666,603.003,113,325.00 Liquor Store #3 497931,203,682.00986,295.831,311,866.001,052,508.00 Liquor Non-Operating 49794210,770.43712,361.126,214,700.00319,042.00 631Water Fund Debt Service 47203 28,528.1227,917.8496,995.0097,000.00 1999B Revenue Bond Issue 4709924,132.8621,741.84127,090.00132,400.00 Water Fund Bonds 47000 0.000.000.0085,200.00 632Sewer Fund Debt Service 0.00 1999B Revenue Bond Issue 47099915.58757.004,814.004,850.00 634Storm Sewer Debt Service 47203 7,228.277,073.6424,575.0024,900.00 1999B Revenue Bond Issue 4709921,144.4819,049.54111,377.00112,000.00 Storm Sewer Bonds 470000.000.000.0016,800.00 651Water Construction Fund0.00 Non-Operating 494492,052.00255,795.77415,000.00304,500.00 652Sewer Construction Fund0.00 Non-Operating 494490.0096,210.00215,000.00125,000.00 653Storm Sewer Construction Fund0.00 496993,396.00114,471.27175,000.00240,000.00 701Central Garage0.00 Central Garage 49950461,227.00538,059.44550,169.00579,273.00 720Data Processing0.00 Data Processing 49980194,678.00208,537.79226,283.00221,818.00 IS Imaging 4998111,871.0034,824.5727,551.0028,237.00 IS Internet 4998217,750.0010,972.0314,701.0018,477.00 30,503,971.2829,655,705.9434,798,853.0030,178,923.00 Revenue 26,764,123.4728,430,056.0927,821,351.0029,166,329.00 Expenses 30,503,971.2829,655,705.9434,798,853.0030,178,923.00 -3,739,847.81-1,225,649.85-6,977,502.00-1,012,594.00 ïê City of Columbia Heights, Minnesota BUDGET 2008 Administration Revenue Legal Mayor-CouncilCity ManagessessingServices rA 101101101101 Revenue 31010Current Ad Valorem129,054270,46072,24292,752 31014Area-Wide Taxes26,94756,47515,08519,368 33401Local Government Aid31,52566,06817,64722,658 33405PERA Increase Aid5211,091291374 34107Special Assessment Searches001000 35101Court Fines00050,000 36210Interest on Investments2,5025,2431,4001,798 36219Change In Fair Value(626)(1,311)(350)(450) Total Revenue 189,923398,026106,415186,500 Expenses Personal Services106,635355,37100 Supplies8,0001,30000 Other Services and Charges66,28828,730106,415186,500 Capital Outlay0000 Contingencies & Transfers9,00012,62500 Total Expenses189,923398,026106,415186,500 Summary Total Revenue 189,923398,026106,415186,500 Total Expenses 189,923398,026106,415186,500 Change to Fund Balance0000 ïé City of Columbia Heights, Minnesota BUDGET 2008 Community Development Revenu e CommunityED A Development 201204 Revenue 31010Current Ad Valorem078,622 31011HRA Current Ad Valorem0196,241 32110Liquor, Wine & Beer License4,6000 32122Restaurant & Food500 32161Contractors License13,0000 32166Taxi00 32168Other Professional & Occup6000 32178Other amusement Licenses1,4000 32180Laundry & Dry Cleanin00 g 32181Conditional Use1,5000 32182Pet Licenses00 32188Other Business Licenses1,8000 32191Sprinler Permit Fees2,5000 32192Building & Moving Permits242,2700 32193Electrical Permits500 32194Heating Permits25,0000 32195Plumbing Permits22,0000 32196Park Dedication Fees00 32197Point of Sale Fees7,0000 362602% Surcharge Retention5000 39140Other Refunds & Reimbursements35,8250 39230Transfer In- EDA274,8630 Total Revenue632,958274,863 Expenses Personal Services472,6800 Supplies14,5970 Other Services and Charges72,3840 Capital Outlay00 Contingencies & Transfers37,472274,863 Total Expenses597,133274,863 Summary Total Revenue 632,958274,863 Total Expenses 597,133274,863 Change to Fund Balance35,8250 ïè City of Columbia Heights, Minnesota BUDGET 2008 Finance Revenue Storm Cap Equip ElectionsFinanceWaterSewerSewerISData Proc 101101601602604720437 Revenue 31010Current Ad Valorem33,695197,70100000 31014rea-Wide Taxes7,03641,28300000 A 32182Pet Licenses01,10000000 33401Local Government Aid8,23148,29500000 33402Property Tax Relief-Homest0000000 e 33405PERA Increase Aid13679700000 36210Interest on Investments6533,83203,950901,000 36211Interest Current Value Credit000611000 36219Change in Fair Value(163)(958)00000 36290Other Miscellaneous Revenu007650000 36293SAC Charges Collected001,469977000 37100Water Service Charge00128,3300000 37110Interdepartmental Water Ch004590000 a 37150Water Turn Off/On 001,9890000 37160Penalties002,1420000 37165Water Connection Fee001,0250000 37180Sales Meters/Remote Units009180000 37210Sewer Service Charge000115,559000 37211Interdepartmental Sewer Cha000326000 37270Interceptor Maintenance000814000 37410Storm Sewer Service Charge00001,08100 39203Transfer In-General Fund0000035,0000 39207dmin Overhead-Comm. De022,26700000 A 39208Transfer In-Cable TV0000035,0000 39210dministration Overhead-Li010,64100000 Ab 39212dministration Overhead-Ca018,53900000 A 39214dministration Overhead-Li075,04200000 Aq 39215dministration Overhead-W079,61000000 Aa 39216dministration Overhead-Se079,60900000 Aw 39217Administration Overhead-Re039,20800000 39218Administration Overhead-Re039,20700000 39219Transfer In-Liquor Fund0000035,0000 39221Transfer In-Sewer Fund0000035,0000 39222Transfer In-Water Fund0000035,0000 39223Transfer In-Garage Fund0000025,0000 39225Transfer In-Refuse0000035,0000 Total Revenue49,588656,173137,097122,2371,090235,0001,000 Expenses Personal Services44,268570,400000169,5380 Supplies2,72515,0004,1004,10004,5710 Other Services and Charge2,59552,60016,50316,5031,32070,4480 s Capital Outlay0000015,9750 Contingencies & Transfers018,173114,610114,60908,0000 Total Expenses49,588656,173135,213135,2121,320268,5320 Summary Total Revenue 49,588656,173137,097122,2371,090235,0001,000 Total Expenses 49,588656,173135,213135,2121,320268,5320 Change to Fund Balance001,884(12,975)(230)(33,532)1,000 ïç City of Columbia Heights, Minnesota 2008 reevenue FiR EmergencCap EquipCap Equip y FireManagementGeneral FundFire 101101431439 Revenue 31010Current Ad Valorem624,03813,82300 31014rea-Wide Taxes130,3082,88700 A 32125Multiple Dwellings80,000000 33170Civil Defense Reimbursement02,00000 33401Local Government Aid152,4413,37700 33402Property Tax Relief-Homestead0000 33405PERA Increase Aid2,5175600 33415State Fire Training5,000000 33420Insurance Premium Tax-Fire107,000000 34202Special Fire Services49,391000 36210Interest on Investments12,097268010,000 36219Change in Fair Value(3,024)(67)00 Total Revenue1,159,76822,344010,000 Expenses Personal Services1,001,26011,49400 Supplies54,0002,20000 Other Services and Charges76,1088,22800 Capital Outlay042200 Contingencies & Transfers28,400000 Total Expenses1,159,76822,34400 Summary Total Revenue 1,159,76822,344010,000 Total Expenses 1,159,76822,34400 Change to Fund Balance00010,000 îð City of Columbia Heights, Minnesota BUDGET 2008 General Government Revenue Gen GovRecognitionCapital Imp BuildingsSpec/EventsContingenciesTransfersCable TVGen Gov Bldg 101101101101225411 Revenue 31010Current Ad Valorem96,83722,89933,975120,61200 31014Area-Wide Taxes20,2214,7827,09425,18500 32150Street Permits0007,00000 32178Other amusement Licenses00050000 33401Local Government Aid23,6565,5948,29929,46300 33405PERA Increase Aid3909213848700 36210Interest on Investments1,8774446592,338030,000 36219Change in Fair Value(469)(111)(165)(585)00 36220General Government Rents50000000 36250Franchise Fees0000154,6000 36290Other Miscellaneous Revenu10,00000000 e 39101Gain/Loss Sale Fixed Asset4,00000000 39120Recovery Damage City Prop20000000 e 39140Other Refunds & Reimbursem2,00000000 Total Revenue159,21233,70050,000185,000154,60030,000 Expenses Personal Services00006,4530 Supplies20,1000001,6500 Other Services & Charges99,11233,2580041,6910 Capital Outla40,00000020,0000 y Contingencies & Transfers044250,000185,00053,5390 Total Expenses159,21233,70050,000185,000123,3330 Summary Total Revenue 159,21233,70050,000185,000154,60030,000 Total Expenses 159,21233,70050,000185,000123,3330 Change to Fund Balance000031,26730,000 îï City of Columbia Heights, Minnesota BUDGET 2008 Library Revenue Revenue 31010Current Ad Valorem532,509 33401Local Government Aid150,062 34110Library-Photocopies2,100 34120Library-Other900 34130Library-Video4,800 34140Library-Collections100 34150Library-Book Bags100 34160Library-Printer Copies1,500 35103Library Fines15,000 36210Interest on Investments4,000 36230Contributions500 36290Other Miscellaneous Revenue200 39101Gain/Loss Sale Fixed Asset25 39140Other Refunds & Reimbursements25 Total Revenue 711,821 Expenses Personal Services486,414 Supplies105,160 Other Services and Charges91,194 Capital Outlay10,000 Contingencies & Transfers26,388 Total Expenses719,156 Summary Total Revenue 711,821 Total Expenses 719,156 Change to Fund Balance(7,335) îî City of Columbia Heights, Minnesota BUDGET 2008 Liquor Revenue Cap Equip Store #1Store #2Store #3Non-OperatingLiquor 609609609609436 Revenue 29,53924,6168,32201,000 36210Interest on Investments 1,396,8000000 37720Sales-Liquor 1,920,0000000 37725Sales-Beer 432,0000000 37726Sales-Wine 53,4000000 37728Sales-Miscellaneous Tax 27,8000000 37729Sales-Non Taxable 80,0000000 37730Sales-Cigarettes 94,0000000 37739Sales-Lottery -3,5000000 37740Cash Over/Short # 1 0-4,500000 37800Discounts Store # 2 01,044,000000 37820Sales-Liquor 01,620,000000 37825Sales-Beer 0475,200000 37826Sales-Wine 043,400000 37828Sales-Miscellaneous Tax 020,100000 37829Sales-Non Taxable 045,000000 37830Sales-Cigarettes 070,100000 37839Sales-Lottery 0-2,500000 37840Cash Over/Short # 2 00000 37900Discounts Store # 3 00360,00000 37920Sales-liquor 0054300 37925Sales-Beer 0049,30000 37926Sales-Wine 0017,40000 37928Sales-Miscellaneous Tax 0011,60000 37929Sales-Non Taxable 0038,90000 37930Sales-Cigarettes 0033,80000 37939Sales-Lottery 00-85000 37940Cash Over/Short # 3 Total Revenue 4,030,0393,335,416519,01501,000 Cost of Goods Sold2,590,4502,173,8001,061,05000 1,439,5891,161,61(542,035)01,000 6 Net Operating Income Expenses Personal Services277,797274,850208,16200 Supplies3,119,2602,602,900786,45000 Other Services and Ch328,149226,79550,32000 Capital Outlay000200,0000 Contingencies & Trans10,7448,7807,576119,0420 Total Expenses3,735,9503,113,321,052,508319,0420 5 Summar y Total Revenue 4,030,0393,335,416519,01501,000 Total Expenses 3,735,9503,113,3251,052,508319,0420 Net Income294,089222,091(533,493)(319,042)1,000 îí City of Columbia Heights, Minnesota BUDGET 2008 Police Revenue Police Policenimal ControlDARECap Equipment A 101101270431 Revenue 31010Current Ad Valorem1,689,75810,51200 31014Area-Wide Taxes352,8442,19500 32110Liquor, Wine & Beer License40,000000 32120Cigarettes5,000000 33401Local Government Aid412,7772,56800 33405PERA Increase Aid6,8174200 33416State Law Ofc Training8,000000 33421Insurance Premium Tax-Police150,000000 33423State Aid-Police Relief Assn91,867000 34201Special Police Services181,875000 34203Public Safety-Police Repor5,000000 t 35101Court Fines50,000000 35102dministrative Tags20,000000 A 35105Admin Fees Police8,000000 36210Interest on Investments32,756204031,301 36219Change in Fair Value(8,189)(51)00 39203Transfer In-General Fund00010,434 39219Transfer In-Liquor Fund009,0000 Total Revenue3,046,50515,4709,00041,735 Expenses Personal Services2,646,548000 Supplies96,0505503,2000 Other Services and Charges220,27414,9202,1750 Capital Outlay00075,500 Contingencies & Transfers83,633000 Total Expenses3,046,50515,4705,37575,500 Summary Total Revenue 3,046,50515,4709,00041,735 Total Expenses 3,046,50515,4705,37575,500 Change to Fund Balance003,625(33,765) îì îë îê îé îè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Mayor-Council101-41110 Expense Changes by Categordopted City Manage yAr ctualctualBudgeProposed$ Amount AAt 2005200620072008of Change Personal Services105,675101,711104,663106,6351,972 Supplies3,7439,2221,6008,0006,400 Other Services & Charges61,69166,70166,22166,28867 Capital Outlay00000 Contingencies & Transfers3901,2597,0009,0002,000 171,499178,893179,484189,92310,439 ctivity Description A The City Council is the legislative branch of city government. The Council is responsible for the establishment of policies and the adoption of local ordinances and resolutions. The Council has full authority over the financial affairs of the City, and provides for the collection of all revenue and other assets, the auditing and settlements of accounts, and the safekeeping and disbursement of public monies. They appoint the City Manager and members of various advisory boards and commissions. The Council consists of a Mayor who is elected for a two-year term and four Council members, who are elected at large for staggered four-year terms. Objectives 1. Promote the City in a positive way. 2. Review, revise, and update the process for the filing, tracking, and maintenance of contracts and develop written procedure for same. Budget Comments The Mayor-Council budget increased by $10,439 from 2007 to 2008. Personal services increased by $1,972, primarily due to the establishment of a City Clerk position and corresponding wage adjustment. Supplies increased by $6,400, due to budgeting for twelve new chairs for the council dais. Other Services and Charges increased by $67, due to minor increases and decreases to various line items. Contingencies increased by $2,000 to account for miscellaneous expenditures not otherwise budgeted. îç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: City Manager101-41320 Expense Changes by Categordopted City Manage yAr ctualctualBudgeProposed$ Amount AAt 2005200620072008of Change Personal Services372,593354,586367,299355,371(11,928) Supplies4,1463,0841,3001,3000 Other Services & Charges24,07020,31229,09928,730(369) Capital Outlay00000 Contingencies & Transfers00012,62512,625 400,809377,982397,698398,026328 ctivity Description A This department is responsible for the administration of all activities, functions, and programs of the City in accordance with the policies and guidelines adopted by the City Council. Duties of the department include planning, organizing, directing, and coordinating the operations of all departments, with the exception of the Police Department. This department is responsible for personnel, labor relations, and employee relations functions of the City. Objectives 1. Improve two-way communications with the public. Budget Comments The City Manager budget increased by $328 from 2007 to 2008. Personal Services decreased by $11,928, due to reducing the Special Projects Coordinator position from three quarter time (budgeted in 2006) to half-time. Other Services and Charges decreased by $369, due to minor increases and decreases to various line items. Contingencies increased by $12,625 to account for miscellaneous expenditures not otherwise budgeted. íð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Elections101-41410 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services32233,335044,26844,268 Supplies7,43768702,7252,725 Other Services & Charges3001,22802,5952,595 Capital Outla00000 y Contingencies & Transfers00000 8,05935,250049,58849,588 Activity Description The election department was established to account for election expenses. In normal years the primary elections expense is for salaries for election judges. With the exception of special elections, elections are only held in even numbered years. This is the reason for the significant difference in expenses from one year to the next. Objectives The primary objective of elections is to keep current on all election laws and regulations and to recruit more election judges for future elections. Budget Comments The budget reflects an increase in salaries and fringe expense to cover the salaries for additional election judges needed due to the fact that 2008 is a Presidential election year. íï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Finance101-41510 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services526,281553,170564,300570,4006,100 Supplies15,61310,93016,60015,000(1,600) Other Services & Charges36,57234,57353,10052,600(500) Capital Outla01,750000 y Contingencies & Transfers002,00018,17316,173 578,466600,423636,000656,17320,173 Activity Description The purpose of the Finance Department is to account for all financial operations of the City and to report on those operations. The Finance department is responsible for budgeting, financial reporting, accounts payable and receivable, payroll, utility billing, purchasing, liquor operations, and information systems within City operations. Objectives The overall objective of the Finance Department for 2008, as in other recent years, is financial planning and the ongoing update of work processes to increase cost-effectiveness. Within this overall objective, the department plans to emphasize cross-training and succession planning in 2008. Budget Comments The Finance budget proposed for 2008 is an increase of $20,173 or 3% over the Finance budget adopted for 2007. This increase consists solely of : -$2,000 increase in the employer share of health insurance (line item 1300) required because an employee changed from single to family coverage. - A contingency (line item 8100) of $18,173 for potential costs not specified on the cost factors detail worksheet, including potential labor contract changes from pending negotiations. The remainder of the proposed 2008 Finance budget equals the 2007 adopted budget. The most significant changes between line items include the following: - Training line item 3105 and Educational Reimbursement line item 3120 were decreased by a combined total of $2,000. This was offset by small increases in several line items. - $3,000 included under line item 2011 for 2007 for software for a new reporting mandate was moved to line item 3050 for 2008, to be used for actuarial fees for the same reporting mandate. íî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Assessing101-41550 Expense Changes by Categordopted City Manage yAr ctualctualBudgeProposed$ Amount AAt 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges91,47296,842107,670106,415(1,255) Capital Outlay00000 Contingencies & Transfers00000 91,47296,842107,670106,415(1,255) ctivity Description A The Assessing Department provides tax and homestead information, and processes homestead applications. Through a joint powers agreement with Anoka County, the County provides for the assessment of property in Columbia Heights. The City contracted with the County for special assessment billing services beginning in 2003. Objectives 1. Negotiate new contract for assessment services. Budget Comments The Assessing budget decreased by $1,255 from 2007 to 2008. Postage increased by $690, offset by a $1,945 decrease due to no monies budgeted for CityView licenses. There was no change to monies budgeted for Expert and Professional Services for contracted property appraising services and special assessment billing services through Anoka County. íí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Legal Services101-41610 Expense Changes by Categordopted City Manage yAr ctualctualBudgeProposed$ Amount AAt 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges165,164166,620186,500186,5000 Capital Outlay00000 Contingencies & Transfers00000 165,164166,620186,500186,5000 ctivity Description A The Legal Services Department handles all civil lawsuits and prosecution for the City. These services are currently under retainer with the law firm of Barna, Guzy, and Steffen, Ltd. This department also budgets for outside labor attorney services. Objectives 1. Maintain current service level under current contract terms. Budget Comments The Legal Services budget remained the same as 2007 for 2008. íì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: General Government Buildings101-41940 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies29,27319,74217,90020,1002,200 Other Services & Charges111,72288,690118,23999,112(19,127) Capital Outla11,0222,76120,00040,00020,000 y Contingencies & Transfers00000 152,017111,193156,139159,2123,073 Activity Description This department covers the general maintenance of City Hall. The major expenses in this budget are utilities, janitorial expenses, and HVAC maintenance. Objectives Budget Comments íë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Police101-42100 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services2,313,3332,418,3722,589,2392,646,54857,309 Supplies83,36387,94987,43596,0508,615 Other Services & Charges185,245189,804219,131220,2741,143 Capital Outla11,3760000 y Contingencies & Transfers20131083,63383,633 2,593,3372,696,2552,895,8053,046,505150,700 Activity Description This is the general budget for the day-to-day running of the Police Department. This part of the budget covers personnel costs, general supply costs, other services and charges costs, and capital outlay expenses. The Police Department provides public safety services to the citizens of Columbia Heights and Hilltop. This includes police patrol, investigations, Drug Task Force Officer, School Liaison Officers, traffic enforcement, code enforcement, animal control, unusual occurrences, Homeland Security efforts, and administration. Objectives 1. To maintain the level of police service in the community. 2. To continue to work closely with other agencies in our area towards Safety and Security Issues and Homeland Security issues in the area of Grants, Personnel, training, and equipment. 3. To continue to search out alternative housing locations for the Police Department that more closely fit our space needs. 4. To maintain our fleet and equipment at a high useable and ready level. 5. To continue to maintain and update department computers. 6. To continue to monitor available Federal and State Grant opportunities in order to obtain equipment and possibly personnel that would otherwise be unavailable to our department. 7. Establishing a Maintenance Contract for our 800 Mhz radios. íê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Police101-42100 Budget Comments Personnel: The 2008 budget reflects 26 authorized licensed officers. This would include a new Middle School Liaison Officer. We have also included a Part Time (15 hours per week) Community Service Officer to handle Property and Evidence and the City Auction. Overall proposed personnel costs are up approximately 2.1% in 2008 or $57,309. This is due to step increases by individual officers as set by Union contract and the addition of the 2nd School Liaison Officer, a large State Mandated PERA Contribution Increase, and the 15 hour Community Service Officer. It should be noted that for nine months out of the year the School District would pay for 1/2 of the School Liaison Officers costs and we have reduced the Grid 8 money from $45,000 to $20,000 as this officer would be assigned a B shift during the summer months and the Grid 8 detail would be covered by a regular patrol shift during the summer months. Once again there is a State mandated increase in PERA retirement contributions in 2008. This accounts for $28,123 of the $57,309 total increase or 49% of the entire increase in the personnel section. All union contracts are settled for the department through 2007. Lines that have increased and/or decreased include, 1010 Regular Employees + $29,979, this reflects adding a School Liaison Officer at the Middle School, Line 1011 Part time employees +$11,572, this money will be used to employ a 15 hour per week CSO to handle Property and Evidence and to handle the City Auction. This will allow us to have our two fulltime CSO's available to us 40 hours per week in order to keep up with the ever increasing code enforcement demand. Line 1020 Overtime - Regular has been increased $6,663 this reflects the 3% pay increases in 2006 and 2007. Line 1031 holiday pay has increased $5,194 to cover the pay increases given as part of the Union contract settlement with the Sergeants and Police Officers and the 26th police officer. Line 1041 Court pay has increased $2050 this increase reflects an increase in court cases due to call load volume and adds the 26th officer. Line 1043 training pay increased $800 this reflects the addition of one police officer. Line 1045 Longevity decreased $2493. Line 1210 PERA contributions increased $28,123 this reflects the increased city contribution mandated by the State Legislature towards PERA retirement. Line 1220 F.I.C.A. contribution decreased $1005. Line 1300 Insurance increased $1800. Line 1510 Workers comp Insurance decreased $373. Supplies: Supplies for 2008 shows an increase of $8615 over 2007. We have moved some money from one line to the other in this area. The main change is an addition of $5,000 to Line 2282 Gas, Oil, and Lubricants to cover the ever changing and unknown costs of fuel and lubricants for our fleet. We have also moved the costs for the Police Reserve Unit from the Civil Defense Budget to the Police Department Budget. Other Services and Charges: The proposed 2008 budget in the Other Services and Charges has increased $1143. this is because we have moved the costs of the Police Reserve Unit from the Civil defense budget to the Police Department Budget. There are some minor changes from one line to the other within this budget area. Capital Outlay: Dollars in this area have been zeroed out. Grand Totals: The overall police department budget is about 4.8% larger than 2007. This increase is related to the addition of the 26th police officer as the Middle School Liaison Officer and the Part Time (15 hour per week) CSO to handle Property and Evidence and the City Auction. It also includes $83,633 in contingencies for settlement of Union contracts in 2008. íé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Fire101-42200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services921,772959,352970,6071,001,26030,653 Supplies42,11939,15550,00054,0004,000 Other Services & Charges71,36868,42269,89876,1086,210 Capital Outla9,3180000 y Contingencies & Transfers00028,40028,400 1,044,5771,066,9291,090,5051,159,76869,263 Activity Description The Fire Department provides medical care, fire suppression, public education, and inspection services for the citizens of Columbia Heights. The Fire Department also supplies the City of Hilltop with fire and medical service through a contract agreement. Inspections of schools, daycares, and hotels are conducted by the Fire Department through contract agreements with the State of Minnesota. The Fire Department will continue to work with our neighboring communities to share resources through auto aid and mutual aid agreements along with the sharing of personnel for county and regional teams. Objectives 1. Continue our pro-active approach in fire and EMS services. 2. Continue our involvement in County and regional teams and the sharing of resources with neighboring communities. 3. Implement a new Property Maintenance Code with commercial licensing. 4. Continue working toward our goal of a "one-department-does-all" property maintenance inspection program. Budget Comments The 2008 budget will continue our overall plan to have a budget that reflects the actual needs of the department based on the current needs of the community. Increases include wage increases and an additional 12 hour duty shift a week for the Paid-on-call division. The department has inventoried all of its "Minor Equipment" and has put together a replacement schedule. Due to the budget cuts and hold the line budgets of the past five years many of these items are in dire need of replacement. With this schedule we can continue to replace equipment without having large swings in the budget. íè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Emergency Management101-42500 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services16,01115,84219,20011,494(7,706) Supplies8782,9202,8002,200(600) Other Services & Charges6,9074,3018,3308,228(102) Capital Outla000422422 y Contingencies & Transfers00000 23,79623,06330,33022,344(7,986) Activity Description The name "Civil Defense" has been updated to "Emergency Management" but the mission is the same. This program works side by side with the U.S. Department of Homeland Security, Minnesota Department of Homeland Security and Emergency Management, and the Anoka County Emergency Manager to provide emergency management for the protection and promotion of public safety, health, and welfare in our City during emergencies and natural disasters. Objectives 1. Continue our involvement in the emergency management professional organizations and training to keep current with government requirements and programs. 2. Continue to update the City Emergency Operations Plan. 3. Continue the reorganization of the Emergency Management staff and budget. 4. Start work on constructing a functional Emergency Operations Center. 2,0002,0012,0022,003 Budget Comments With the retirement of Mary Dugdale comes the opportunity to make changes to the Emergency Management structure and budget. The Secretary duties will be moved from the Police Secretary to the Fire Secretary. Police reserves will move to the police budget. There are increases and decreases to many line items as we update this budget to reflect the needs of Emergency Management. íç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Animal Control101-42700 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies571205505500 Other Services & Charges12,83412,69614,92014,9200 Capital Outla00000 y Contingencies & Transfers00000 12,89112,81515,47015,4700 Activity Description Animal containment measures are provided to the City of Columbia Heights by the Camden Pet Hospital. 1401 44th Avenue North. This includes animal shelter services, euthanasia services, adoption services, and clinic services. The capturing, transporting and temporary shelter of stray animals is performed by Community Service Officers and, at times, Columbia Heights Police Officers. Objectives 1. To continue our close working relationship with Camden Pet Hospital in our effort to provide state of the art animal services at a reasonable cost for our community. 2. To update the City Animal Ordinance to reelect changes in Dangerous Dog Statutes and to account for non domesticated animals. Budget Comments We are submitting the same budget for animal control as we did in 2007. No increase. ìð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Public Works101-43000 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 00000 Activity Description This activity covers the wages and fringe benefit costs for both permanent and seasonal public works employees. The overall budget is distributed to Public Works departments and other departments as appropriate. Objectives 1. Maintain current services levels. 2. Update seasonal pay ranges to retain and attract seasonal employees. 3. Evaluate and modify the overall usage and distribution (by dept) of seasonal employees. 4. Continue to evaluate the staffing needs of the Public Works Department (Engineering Technician position). 5. Fill Purchasing/Clerical position on a part-time basis. Budget Comments The overall personnel budget for 2008 is $2,295,812 for salaries and fringe benefits, essentially the same as 2007. This represents a 0.6% increase in salary and fringe as contracts have not been settled. A part time clerical/purchasing position was added to the 07 budget in Public Works Administration. The budget balances to zero as 100% of salaries and fringe benefits are allocated to various departments in the city. ìï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Engineering101-43100 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services224,388144,122265,995263,923(2,072) Supplies12,42214,16812,15013,5501,400 Other Services & Charges42,33049,29533,17135,7472,576 Capital Outla30,771131,299000 y Contingencies & Transfers59,3323,70008,1828,182 369,243342,584311,316321,40210,086 Activity Description This department provides engineering services for public improvement projects. These activities include feasibility analysis, construction design, assessments, construction contract administration and project inspection. Other activities include general engineering, record keeping, GIS implementation, digital and hardcopy of file maintenance, and public contact. Objectives Stay ahead of a busy design/construction year with reduced staffing. 2. Continue update and development of the computerized pavement management program for street zone work. 3. Continue development of City Works software for, automation utility maintenance and complaint tracking program at Public Works. 4. Develop networking of other database sources for increased accuracy of owner information. 5. Develop departmental strategic plan. Budget Comments The proposed 2008 Engineering budget is $321,402; a 3% increase from the 2007 budget. The primary area accounting for the $10,086 increase is in contingencies, all other major functional areas have remained the same or decreased. Fuel and petroluem related products account for other minor increases. Other line items of the budget have decreased or remained flat. ìî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Streets101-43121 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services335,634326,819383,235396,62313,388 Supplies129,115112,595162,125163,8751,750 Other Services & Charges192,645154,584167,700176,6048,904 Capital Outla2,3340011,50011,500 y Contingencies & Transfers00012,29512,295 659,728593,999713,060760,89747,837 Activity Description The street department provides for the maintenance of city streets and alleys. These services include patching, surface repairs, bituminous paving, street sweeping, snow plowing and removal, ice control, miscellaneous projects as required, and public contact. A major change in 2006 was the addition of storm sewer maintenance as mandated by the NPDES Phase II requirements. Objectives 1. Crack seal asphalt streets in prior street rehab zones. 2. Continue street repair/patching in Zones 2 & 3 of the street rehab program. 3. Develop alley rehabilitation program. 4. Continue evaluation of the use and application rates of straight salt for ice-street ice control. 5. Develop developmental strategic plan. Budget Comments The overall 2008 budget for the street department is $ 760,897 an increase of $47,837 or 6.7% from 2007. The majority of all functional areas are at or below 2007 adopted budget levels. The primary area accounting for the increase is in contingencies ($12,295), personnel services ($13,388), petroleum and energy related costs ($5,000). Capital Outlay requests are for a new message board and inbox sander for alleys ($11,500). Bituminous costs have increased to reflect planned alley repairs/overlays in 2008. ìí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Street Lighting101-43160 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services6,6355,6315,4045,539135 Supplies381,0551,750750(1,000) Other Services & Charges122,058122,799138,200144,7066,506 Capital Outla000172172 y Contingencies & Transfers00000 128,731129,485145,354151,1675,813 Activity Description This activity provides for the energy costs related to intersection, mid-block, and alley lighting. This activity also includes maintenance and repair of City-owned street lights. Objectives . Implement maintenance options for new city owned street lighting on Huset Parkway and Grand Avenue. 2. Review street lighting along 40th and 41st Avenue for upgrades, replacement or as a minimum, needed repairs. 3. Evaluate replacement of City-owned and maintained lights in Labelle, Sullivan and Prestemon Parks. 4. Evaluate viability of developing Street Light Utility City wide. Budget Comments The 2008 proposed street lighting budget is $151,167, a $5,813 increase from 2007. This increase accounts for a projected 5% increase in the electric rates for street lights and adding street lighting in Grid 8. All other line items for 2008 remain essentially flat. ìì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Traffic Signs & Signals101-43170 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services54,68859,40650,34153,5393,198 Supplies9,4757,8609,7009,325(375) Other Services & Charges10,63415,85913,89113,90817 Capital Outla0002,7502,750 y Contingencies & Transfers0001,6601,660 74,79783,12573,93281,1827,250 Activity Description This activity provides for the installation and maintenance of city controlled signs and signals. This account group also provides for street striping and traffic counting. Objectives 1. Continue development of computerized sign inventory. 2. Upgrade regulatory signs to high intensity-VIP diamond grade on State Aid Streets. 3. Upgrade regulatory signs to high intensity-VIP diamond grade on Street Zone Work areas. Budget Comments The overall budget proposed in 2008 is $81,182, a $7,250 increase from the 2007 adopted budget. Personnel services ($3,198), Contingencies ($1,660) and Capital Outlay ($2,750) account for the majority of the increase. ìë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Weed Control101-43260 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services7,18314,68013,92811,503(2,425) Supplies66306350250(100) Other Services & Charges4,6157,6687,2259,7402,515 Capital Outla00000 y Contingencies & Transfers00000 11,86422,65421,50321,493(10) Activity Description This activity was transferred to the Fire/Inspections department in 2007. Objectives This functional area was transferred to the Fire/Inspections department in 2007. Budget Comments This functional area was transferred to the Fire/Inspections department in 2007. ìê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Recreation Administration101-45000 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services130,279140,574134,620134,960340 Supplies6,2955,2006,4096,4090 Other Services & Charges13,09211,71114,08213,588(494) Capital Outla2,1380000 y Contingencies & Transfers0003,6513,651 151,804157,485155,111158,6083,497 Activity Description This activity provides recreational opportunities and services to the residents of Columbia Heights. The Recreation Department is comprised of eight main areas in which the Director, fifty percent full time Clerk- Typist II, and one half-time Recreation Clerk disperse their time. Each of the eight areas has its own separate budget. This category provides salaries for the department as well as supplies and contractual services for the department. Recreation Administration also funds space allocation to the Murzyn Hall budget for office space. Objectives 1. Continue to improve customer service. 2. Evaluate existing recreational programming needs of the community and create recreation programs to meet those needs. Budget Comments The Recreation Administration total budget has increased by $3,497. Personal Services has had a minor increase of $340. Contingencies have been budgeted at $3,651 to account for increases in salaries for 2008. Other Services has increased $78 due to an increase in the JPM space contribution. This budget provides $3,367 for Murzyn Hall office space allocation. ìé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Youth Athletics101-45001 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services16,60916,95922,20222,808606 Supplies3,0372,6182,8002,249(551) Other Services & Charges6,5887,8898,2917,920(371) Capital Outla2,8540000 y Contingencies & Transfers000316316 29,08827,46633,29333,2930 Activity Description This activity classification encompasses recreational programs provided to youth. These programs consist of children and adolescents K-12. Programs fall under several sport-specific headings, including baseball, softball, basketball, football, soccer, volleyball, and wrestling. All programs are participation-oriented, with the focus on fun, socialization, and athletic skill development. These particular programs provide the youth of Columbia Heights with supervised play opportunities at local gym facilities and neighborhood parks. This category also provides one-forth of the Recreation Coordinator salary, gym supervisors and officials. Youth Athletics also provides office space to the J.P.M. budget. Objectives 1. Develop coaches' clinics to better train youth coaches. 2. Develop youth teams at all grade levels at all parks. 3. Expand soccer leagues to include more age divisions. 4. Conduct an informational meeting for parents before the start of each season. 5. Develop a preschool soccer and t-ball league. Budget Comments The 2008 Youth Athletics budget has remained the same from 2007. 25% of the Recreation Coordinator salary is included within this budget. One reason this budget has not had major increases is due to the significant donation of athletic equipment made by the Columbia Heights Athletic Boosters Association. The Youth Athletic budget also provides $3,319 for space allocation to J.P.M. ìè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Adult Athletics101-45003 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services8,27310,24118,30410,768(7,536) Supplies1,5425091,5501,5500 Other Services & Charges13,3309,40116,64116,784143 Capital Outla2,85400317317 y Contingencies & Transfers00000 25,99920,15136,49529,419(7,076) Activity Description This activity encompasses recreational programs provided to adults in Columbia Heights. Leagues are administered in summer, fall, and winter. An annual summer softball tournament is held during the Columbia Heights Jamboree. This activity also provides one-forth of the Recreation Coordinator salary and covers costs of umpires and referees. J.P.M. budget is also paid for space allocation for office space and storage space. Objectives 1. Explore options of developing additional leagues for adults. 2. Pursue options with Park and Recreation Commission to create additional ball fields due to overwhelming response to our adult softball programs. Budget Comments The total Adult Athletics budget for 2008 has decreased by $7,076. Personal Services has decreased $7,536 due to the elimination of inside adult programs and having umpires perform scoring and lighting duties. Murzyn Hall budget also received space allocation from Adult Athletics in the amount of $3,319. This budget also provides one-forth of the Recreation Coordinator salary. ìç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: CHASE101-45004 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services6,86114,86825,69435,1829,488 Supplies3,3102,0583,4503,4500 Other Services & Charges16,18716,61520,63521,157522 Capital Outla00000 y Contingencies & Transfers000315315 26,35833,54049,77960,10410,325 Activity Description This activity classification encompasses recreational, academic, athletic, and enrichment programs provided to the youth age 3-13. These offerings are participation-oriented, with the focus on fun, socialization, achievement, and skill development. Dance and Tumbling runs throughout the fall, winter, and spring sessions. Special events that are family-oriented and run throughout the year are Bunny Brunch, Safety Camp, Halloween Spooktacular, and Breakfast with Santa. The Traveling Puppet Wagon, which was funded through a grant from the Medtronic Foundation in 1998 has been operating for the last nine years. The Puppet Wagon travels to neighborhood parks and performs a variety of family-based puppet shows. Youth Enrichment funds office, storage and program space within the Murzyn Hall budget. This budget also provides one-forth of the Recreation Coordinator salary. Objectives 1. Improve and expand preschool (4-6 years old) programming opportunities. 2. Maintain and improve special event programs. 3. Plan and coordinate Safety Camp for 2008. Budget Comments The Youth Enrichment budget has increased by $10,325 for 2008. Personal Services has increased to cover funding lost from the 21st Century grant that ended in 2007. This budget provides $17,982 for space allocation to the Murzyn Hall budget. One-forth of the Recreation Coordinator salary is paid from this budget. ëð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Traveling Athletics101-45005 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services8,33810,23117,60215,987(1,615) Supplies1,6456922,0252,0250 Other Services & Charges9,33410,98912,64112,812171 Capital Outla2,8540000 y Contingencies & Transfers000315315 22,17121,91232,26831,139(1,129) Activity Description This activity classification encompasses competitive athletic opportunities offered to Columbia Heights' youth in grades 5-12. Teams are formed in basketball, baseball, and softball, with players selected by ability after pre- season tryouts. Teams are organized and equipped through the Recreation Department, which is unique in the metro area. Teams compete within Minnesota Youth Athletic Services sanctioned leagues. This category also provides one-forth of the Athletic Coordinator salary as well as league fees for team memberships. Traveling Athletics also has money budgeted for space allocation for office space and storage space to the Murzyn Hall budget. Objectives 1. Look for alternative organizations for teams to be sanctioned by. 2. Develop coaches clinics to better train youth coaches. 3. Better classifications for traveling basketball teams so they will be more equally matched against other communities. Budget Comments Traveling Athletics budget has decreased by $1,129. Personal Services has been reduced due to parents covering some of the building supervisor duties. Twenty-five percent of the Recreation Coordinator's salary is budgeted under Personal Services. Space allocation of $3,319 was also provided to the Murzyn Hall budget. ëï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Trips and Outings101-45030 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services15,88316,12716,10916,645536 Supplies971483503500 Other Services & Charges45,86345,63439,71339,656(57) Capital Outla00000 y Contingencies & Transfers000561561 61,84361,90956,17257,2121,040 Activity Description Trips and Outings include one-day and extended trips for senior citizens. These are advertised through quarterly trip flyers mailed to participants. It continues to be one of our most popular offerings and is a self- sustaining program. This activity provides twenty-five percent of the Senior Citizen Coordinator salary. Trips and Outings also budgets monies for office space allocation to Murzyn Hall. Objectives 1. Provide seniors with a well-planned and well-executed trip schedule of both one-day extended trips. Budget Comments Trips and Outings budget has increased due to an increase in Personal Services. Twenty-five percent of the Senior Citizen Coordinator salary is budgeted within the Trips and Outings budget. Murzyn Hall also received $860 for space allocation. The total increase for this budget is $1,040. ëî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Senior Citizens101-45040 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services51,90656,55254,97556,5911,616 Supplies3,9772,7634,0003,000(1,000) Other Services & Charges17,14518,70719,29520,4141,119 Capital Outla00000 y Contingencies & Transfers0001,6841,684 73,02878,02278,27081,6893,419 Activity Description The Senior Center is located in Murzyn Hall and provides a wide variety of programs to individuals 55 years and older in the community. The Center is open Monday through Friday from 9:00 a.m. to 4:00 p.m. This program provides seventy-five percent of the Senior Citizen Coordinator salary. The Senior Citizen budget also provides space allocation for Murzyn Hall for office, storage and Senior Center space. Objectives 1. To provide social, educational, and recreational programs to seniors in the community. To serve as a center that provides resource information regarding senior issues and concerns. 2. To provide the opportunity for senior exercise programs. Budget Comments The total Senior Citizens budget has increased by $3,419. Personal Services had an increase of $1,616. Seventy-five percent of the Senior Coordinator salary is budgeted under this budget. There was a charge of $15,188 for space allocation to Murzyn Hall. ëí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Recognition/Special Events101-45050 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies30968000 Other Services & Charges31,85229,72633,70033,258(442) Capital Outla00000 y Contingencies & Transfers000442442 31,88230,69433,70033,7000 Activity Description This department was established to budget and account for various activities that do not specifically fall under other departments. Examples of these activities are the City float and royalty events, employee and volunteer recognition, fireworks, the City Beautification program, and the City newsletter. The Beautification project is supported by a core group of volunteers who care about this City and work to make it better. They embody "Heights Pride". With staff and city support, this group beautifies the city parks, public buildings, and the Central Avenue business district through plantings of flowers and shrubs. Planning meetings are held to review and plan improvements. Planting is done in late May. Flowers are watered, areas are weeded and tended throughout the summer months. In recent years winter-interest plants have been added to the pots to extend the visual interest throughout the year. The Royalty program is managed by parent volunteers. Both the City float and the Royalty program provide recognition for the City of Columbia Heights and involve members of the community. The City float is displayed in various city parades as well as the Columbia Heights Jamboree. The Royalty program is designed to involve children and teens who reside in Columbia Heights. Objectives 1. The plants and flowers in our parks and public areas clearly beautify the City and show a heightened sense of community pride. The citizen volunteers form a genuine bond as a group and are proud of their contributions to their city. These attractive plantings improve the impression our city creates to visitors, long-time residents and newcomers alike. 2. Maintain cost-effective Special Event/Recognition programs that benefit the residents of Columbia Heights ëì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Recognition/Special Events101-45050 Budget Comments The Heights Happenings City newsletter is budgeted at $18,000 for 2008. The newsletter is put together by the Recreation Department and the publishing portion is contracted out. The Recreation Department will also contract with an editor for certain portions of the newsletter. The Special Events line item is budgeted at $3,000 for the fireworks during the Jamboree. The show cost is $5,000 with $2,000 coming from donations the Recreation Director receives from the community. The Beautification team is aware of the value of tax dollars and continues to obtain perennials for many of the plantings to further reduce annual costs to the City. The seventeen (17) large planters on Central Avenue have been added to this groups' efforts and will be planted in summer and decorated in winter for year-long visual interest on Central Avenue. Donations of plants from the core group of volunteers has been encouraged and is successful. With careful purchasing, donations, and planning, we are confident that the high quality of our efforts can be maintained while keeping the City costs to $1,500 for 2008. This is based on actual costs in prior years. The City float and Royalty program both provide recognition for the City of Columbia Heights and involve members of the community. The total budgeted amount of $11,000 was reduced to $4,000 in 2005. Since that time the City budgets $1,000 for the float and $3,000 for royalty events annually. The volunteers who manage the float and royalty events have put forth great effort to cut costs. Fundraisers are done during the year to aid with the costs of this program. ëë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Murzyn Hall101-45129 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services128,603147,481156,895160,3083,413 Supplies23,65722,25121,55022,5501,000 Other Services & Charges36,43641,65233,62438,8055,181 Capital Outla0002,0002,000 y Contingencies & Transfers0004,5674,567 188,696211,383212,069228,23016,161 Activity Description In an average year, Murzyn Hall (JPM) is used approximately 2,500 hours for classes/ activities, 1,500 hours for weddings, and 1,000 hours for meetings. Approximately 20% of the users are charged while the remaining 80% are fee waived or charged a minimal fee to offset custodial costs. JPM operates seven days a week and runs near full capacity throughout the year. Murzyn Hall budget provides salaries for the Head Custodian, part- time custodians, and fifty percent of the Clerk-Typist II position. Objectives 1. Develop a JPM preventative maintenance plan. 2. Continue to develop a plan for roof improvement. Budget Comments The Murzyn Hall budget has increased $16,161 primarily due to increases in Personal Services and utility increases. This budget funds the Police Department CSO officer for events. Part-time custodians also had an increase to cover additional events. Electric, gas and water all had slight increases. Space allocation credit received from the recreation budgets is $47,354. Contingencies were budgeted at $3,651. ëê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Parks101-45200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services353,439367,401441,089433,080(8,009) Supplies84,180118,01782,400102,70020,300 Other Services & Charges175,711228,071180,733184,3093,576 Capital Outla52,00007,5000(7,500) y Contingencies & Transfers26,2712712,00015,42513,425 691,601713,759713,722735,51421,792 Activity Description This activity provides for the maintenance of: A. 15 City Parks; B. 3 public wading pools; C. 6 skating and 4 hockey rinks; D. 12 softball/baseball diamonds; E. 2 tennis courts; F. 12 buildings and other recreational facilities. This department also provides landscape maintenance for all municipal buildings, and the planning, implementation and construction of various park improvements. Objectives 1. Improve the timing of park projects that may impact seasonal park activities. 2. Continue pursuing DNR Outdoor Recreation Grant funding for park redevelopment. 3. Continue to develop a program that involves neighborhood input regarding park improvements. 4. Improve the general condition of athletic fields - drainage and weed control. 5. Coordinate the partial implementation and funding plan for the reconstruction of Huset Park, and public input/review process. 6. Develop developmental strategic plan. Budget Comments The 2008 Parks proposed budget is $735,514, an increase of $21,792 or 3% from the 2007 adopted budget. Minor equipment (2,500), contingencies (13,425) and petroleum related costs (4,000) account are the main areas accounting for the increase. Seasonal staffing levels are being held at the 2005 budgeted level, while other line items in the budget have been decreased or remained flat to maintain minimal increases. Capital outlay has been reduced to $0. ëé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Tree Trimming101-46102 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services69,78551,28462,12762,17851 Supplies1,5973,3042,4503,200750 Other Services & Charges80,88074,47055,67861,6786,000 Capital Outla0001,9281,928 y Contingencies & Transfers00000 152,262129,058120,255128,9848,729 Activity Description This activity provides for tree trimming, removal of hazardous, diseased, or dead trees (on all city-owned properties), and replanting of new trees. It includes shaping and maintaining of boulevard trees in a healthy condition, removal of downed branches, and clearing obstructed signs. It also provides for Dutch Elm, Oak wilt, hazardous tree inspections, corner visibility, and brush in alley inspections. Objectives 1. Concentrate on boulevard tree trimming by residential street rehabilitation zones. 2. Trim sidewalk and street sign locations. 3. Contractual trimming at LaBelle and Sullivan Park to maintain safe pathways. 4. Contractual training (Arborists) for improving staff tree trimming techniques. 5. Evaluate the effectiveness of the DED inspection program. 6. Develop tree care program for Huset Parkway. Budget Comments The proposed 2008 Tree Care and Maintenance budget is $128,984, an increase of $8,729 from the adopted 2007 budget. The main area of increase is in tree replanting ($9,000) for replacement of removed trees. This continues the new functional area that combines three departments: Tree Trimming, Dutch Elm Sanitation and Dutch Elm Replacement as was established in the 2003 budget. ëè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Dutch Elm Sanitation101-46103 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services357545000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 357545000 Activity Description Objectives Budget Comments ëç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Contingencies101-49200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers2,181044,83650,0005,164 2,181044,83650,0005,164 Activity Description Objectives Budget Comments êð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 101Department: Transfers101-49300 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers1,258,63085,000185,000185,0000 1,258,63085,000185,000185,0000 Activity Description Objectives Budget Comments êï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 201Department: Protective Services201-42400 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services217,760246,143262,547267,5164,969 Supplies3,1478,3239,9679,9670 Other Services & Charges37,95424,14823,92724,143216 Capital Outla12,8450000 y Contingencies & Transfers5,835203,099303,54220,644(282,898) 277,541481,713599,983322,270(277,713) Activity Description Protective Services include: >Building permitting, plan review and inspection >Liquor, contractor, cigarette, misc. licensing >Land use permitting and code enforcement >Point of Sale Inspection The purpose of these services are to protect and promote the general health and safety of the community. These activities fall under the purview of the Planning Commission and City Council. Objectives Budget Comments êî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 201Department: Community Development Admin201-46310 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services164,943175,121203,024205,1642,140 Supplies2,9914,8004,6304,6300 Other Services & Charges20,92729,97198,72448,241(50,483) Capital Outla11,0220000 y Contingencies & Transfers17,50611,49410,85016,8285,978 217,389221,386317,228274,863(42,365) Activity Description Community Development Services include: >Redevelopment >Housing rehabilitation and replacement >Economic Development These activities fall under the purview of the Economic Development Authority and City Council. Objectives Budget Comments êí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 204Department: Economic Development Auth204-46314 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla411,8870000 y Contingencies & Transfers223,791246,331317,228274,863(42,365) 635,678246,331317,228274,863(42,365) Activity Description Objectives Budget Comments êì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 212Department: State Aid Maintenance212-43190 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services46,31957,01751,09856,3785,280 Supplies2,55911,35036,30019,300(17,000) Other Services & Charges63,91949,19572,43068,830(3,600) Capital Outla0002,7502,750 y Contingencies & Transfers0001,6911,691 112,797117,562159,828148,949(10,879) Activity Description This activity provides for the maintenance and repair of State Aid streets and ROW as designated within the City and is funded by the Municipal State Aid system. Objectives 1. Continue the implementation of the 5-year Capital Improvement Program developed in 1999, and periodically updated, as part of the certified status of local streets. 2. Retain 'certified' complete status for our local MSAS. 3. Crack Seal State Aid Streets (City Staff) Budget Comments The proposed 2008 budget is $148,949 a decrease of $10,879 from last year. Staff time is allocated for recertifying the City's State-Aid System. This allows the use of State-Aid funding on local streets and provides an additional revenue source for the City's Infrastructure fund to be used in the Street Rehabilitation Zone work. êë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 un:eparmen:aeeevson- Fd225DttCblTlii22549844 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services1,7882,3016,4436,45310 Supplies8091,0771,6501,6500 Other Services & Charges5,8248,76361,40041,691(19,709) Capital Outla0020,00020,0000 y Contingencies & Transfers94,44897,967100,58153,539(47,042) 102,869110,108190,074123,333(66,741) Activity Description This activity administers the Columbia Heights' cable franchise ordinance, which includes rate regulation activities, franchise renewals, transfers of ownership, enforcement of customer service standards, and ensuring compliance of the cable company with the terms and conditions of the franchise. Additionally, programming is produced on the government access channel. A Telecommunications Commission serves in an advisory capacity to the City Council. Objectives 1. Wrap up franchise renewal process. 2. Finalize government access equipment conversion and upgrade. Budget Comments The Cable Television budget decreased by $66,741. Personal Services increased by $10, due to an increase in PERA contribution and workers' compensation insurance premium. Other Services and Charges decreased by $19,709, primarily due to a $20,040 decrease to expert and professional services offset by minor increases to other line items. Operational transfers out--Labor decreased by $47,042, due to no monies allocated for Special Projects Coordinator time. êê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: Library240-45500 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services441,822453,459481,794486,4144,620 Supplies92,19295,15493,944105,16011,216 Other Services & Charges77,45285,12392,16391,194(969) Capital Outla005,00010,0005,000 y Contingencies & Transfers10,8149,84810,19426,38816,194 622,280643,584683,095719,15636,061 Activity Description The library's mission statement is to "provide free access to informational and recreational materials for the patrons in a barrier-free environment." A variety of library related programs (e.g. story times, reading clubs, homebound delivery, etc.) are offered for patrons of all ages from preschool through senior citizen. Five full- time and 16 part-time staff provide service during the 60 hours per week the facility is open to the public. As a City-owned and operated library, Columbia Heights participates in the MELSA regional system through a contract with the Anoka County Library, the Statewide Borrower's Compact, and METRONET. This enables Columbia Heights patrons to gain access to special services and scholarly materials available at other participating libraries. Objectives 1. To explore the possibilities of a new facility within the structure of the City's Comprehensive Plan, redevelopment plans, and priorities set by the City Council. 2. To continue to pursue cooperative ventures with Independent School District #13, the Anoka County Library, the Anoka County Historical Society, and the Columbia Heights Historical Society. 3. To identify sources of alternative revenue to support general library services. êé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: Library240-45500 Budget Comments The Library has been operating in a "hold the line" mode from 2003 to 2006, where increases in supply costs and personnel have been absorbed by the departmental total budget. The 2007 budget has provided modest increases to cover inflation and increased costs of doing business. The 2008 proposed budget includes the following changes: 1. Personnel: No contracts are settled for 2008. One full-time employee and several part-time employees are still progressing through the ranges. 2. Supplies: Increase of 11.94% ($11,216) from adopted 2007 to proposed 2008 budget. No increase in: Office Supplies, Computer Supplies, Printing and Printed Forms, Food Supplies, Books, Story Time Media, Microform, DVD's. Increases in: Minor Equipment (2010: $640 for four office chairs, $2,650 for two workstations/desks $2,000 for 3 ranges of book shelving for the Children's Department), Computer Equipment (2011: $300 for receipt printer, $5,000 for 5 public pc's), ILS Supplies (2025: $500 for barcodes, $1,000 for library cards), General Supplies (2171: $300 for security system markers and book supplies), Periodicals (2181: $175 to cover increased postage), Electronic Databases (2182: $100 for higher subscription costs), Compact Discs (2185: $500 for higher costs and demand), Book/CD Sets (2187: $300 for new line item to accommodate format and demand), Purchase for Resale (2990: $50 to cover increased demand). Decreases in: Program Supplies (2170: Moved $500 to 2025 and $300 to General Supplies). 3. Other Services: Decrease of 1.05% ($969). No increase in Training, Local Travel, Advertising Other, Water, Sewer, Honeywell, Garage, Subscription/Membership, Plaques/Awards. No expenditures are proposed for Miscellaneous Charges and Commissions/Boards. Increases in: Telephone (3210: $164), Postage (3220: $400 for increased rates and volume of mail), Other Communications (3250: $976 for network charges), Electric (3810: $1,423 for rate increase), Rents and Leases (4100: $23 for AmeriPride rate change). Decreases in: Expert/Professional (3050: $2,240 for reduced charges for ILS), Insurance (3600: $106), Gas (3830: $1,579 over budgeted), Repair and Maintenance (4000: $30). 4. Capital: Increase of $5,000. Projects include sump pump disconnect and re-carpeting of main floor lobby. 5. Contingencies & Transfers: $447 increase in Operating Transfer Out. Contingencies amount based on unexpected expenditures, which may include personnel costs. Overall increase in expenditures is $36,061 (5.28%). êè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 270Department: DARE Projec270-42160 t Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies3,1103,5963,2003,2000 Other Services & Charges1,6901,2422,1752,1750 Capital Outla00000 y Contingencies & Transfers00000 4,8004,8385,3755,3750 Activity Description The DARE program is a very important and vital part of the education for the 5th grade children of Columbia Heights and Hilltop. It teaches the pitfalls of the illegal use of chemicals, tobacco products, and alcohol. The program is very effective at building self-esteem and confidence in its students and teaches defenses to peer pressure and other social problems. It also establishes a relationship between the students and the officer teaching the course. Objectives Our objectives in relationship to the DARE program are to keep an adequate number of DARE officers trained in order to keep the DARE program available to all 5th Grade students in our jurisdiction. We also wish to maintain the high level of training and ongoing positive working relationships between the schools and our department. Budget Comments We are submitting the same costs for 2008 as we did in 2007. No increase. êç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 402Department: State Aid General Construction402 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services3,7472,934000 Supplies00000 Other Services & Charges5312,102000 Capital Outla182,189462,827150,000270,000120,000 y Contingencies & Transfers285,00028,2640114,800114,800 471,467496,127150,000384,800234,800 Activity Description This fund is used for capital improvement projects on the City's municipal state aid streets. The fund balance was brought down to zero with the construction of the Central Avenue Construction project in 2003, 2004, and 2005. State Aid funds will be used for the Huset Parkway Project in 2007, 2008 and 2009 again bringing the fund balance down to zero. Objectives 1. University Avenue Service Drive Cooperative Agreement Project (40th to 45th Avenues). 2. Mill & Overlay various state-aid streets consistent with the 1999 5-year MSA CIP. 3. Update 5-year Capital Improvement Project Listing Budget Comments In 1999, the City was asked by the Office of State Aid to provide a detailed five year program, explaining how Columbia Heights plans on spending down its excessive MSA fund balance. Consistent with that request, a 5- year plan was developed. With the completion of Central Avenue and Huset Parkway, the balance has been spent down to $0. This year's State Aid Construction budget focuses on the reconstruction and turnback of the University Service Drive from 40th to 45th Avenues. éð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 411Department: Cap Imp - Central Garage411-49950 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services5,4205,791000 Supplies98414,909000 Other Services & Charges76,97827,640000 Capital Outla5554,11638,00060,00022,000 y Contingencies & Transfers381,044615,380000 464,981667,83638,00060,00022,000 Activity Description Objectives Budget Comments éï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 412Department: Parks Capital Improvement412-45200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges45,382566015,00015,000 Capital Outla00357,500270,000(87,500) y Contingencies & Transfers00000 45,382566357,500285,000(72,500) Activity Description This activity provides for capital improvements in the City's park system, including major improvements and major repairs/replacements to park buildings, playgrounds, recreational facilities, and park amenities. Objectives Capital Outlay Projects-listed in priority: Grant Eligible Projects-Listed in priority: 1. Huset Park Picnic Shelter 1. Huset Park-2004 Master Plan 2. Ramsdell Park Reconstruction Recommendations - Phased Carryover from 2006 Budget Comments The 2008 proposed Parks Capital Improvement budget is $285,000. The proposed work program is focusing on improvements to Ramsdell Park, and continuing any carryover work from 2007. To further the available dollars in that fund, staff will apply for grant monies through the DNR Outdoor Recreation Grant Program. Huset Park reconstruction is carryover project from 2006. Other projects would be renovations to Ramsdell Park Shelter and Playground, Huset Park Picnic Shelter (west side). éî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 430Department: Infrastructure430-46323 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services0063,05586,12223,067 Supplies00000 Other Services & Charges6002,4608,0000(8,000) Capital Outla04,37585,00025,000(60,000) y Contingencies & Transfers0107,38402,6702,670 600114,219156,055113,792(42,263) Activity Description This fund was set-up in 1992 for the rehabilitation of the City's street system, with money transferred from the Liquor Fund. The fund initiated the City's street rehabilitation program in 1996 and with annual transfers, will perpetuate the continued investment into the maintenance and improvements of the City's streets. An additional source of revenue was secured in 2000, on a 2-year renewable cycle, with the certification of the City State-Aid Street System. Objectives Budget Comments The Infrastructure Fund supports city costs to perpetuate the city wide street rehab program. Zones 1,2,3, 4, 5, 6, and 7 have been completed. Continuing the 2nd cycle of the program rehabilitation in zones 1B, 2 & 3 was completed in 2007. 2008 is considered an off-year of the program and Zone 4 will continue in 2009. An additional source of funding from the City's State-Aid account is available with continued certification by MNDOT of our State-Aid system. éí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 un:eparmen:oceapaqupmen- Fd431DttPliCitlEit43142100 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services2,9320000 Supplies00000 Other Services & Charges00000 Capital Outla68,95741,37654,26075,50021,240 y Contingencies & Transfers00000 71,88941,37654,26075,50021,240 Activity Description The Capital equipment budget for 2008 includes two full sized marked squads, one midsized unmarked squad, two replacement light bars, two siren boxes and two prisoner safety dividers. Objectives To manage the Capital Equipment Replacement fund in a way that allows us to obtain the best equipment, for the best value, that meets the needs and requirements of the department. Budget Comments The Capital Equipment Replacement fund includes equipment required to keep our technology and fleet current and to keep our personnel safe in their duties. This would include two replacement Marked squad cars, one replacement Administrative mid sized car, two siren boxes, two prisoner dividers and two light bars. The siren boxes are needed to replace boxes that are outdated and unusable. The administrative car will replace a 1997 Chevy Lumina with 65,000 miles on it. This car will go to Public Works for their use. éì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 un:eparmen:apaqupmen - re- Fd431DttCitlEitFi43142200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 00000 Activity Description The Fire Capital Equipment Replacement - General Fund was established to fund the long term ongoing capital equipment needs in the general Fund. This was accomplished by preparing, and maintaining, a detailed 20 year projection of the City's equipment needs and scheduling long term replacement. Objectives 1. Continue to evaluate capital equipment needs for the future. 2. Continue to replace vehicles and equipment, based on need, that are scheduled for replacement per the city's long term plan. Budget Comments No capital equipment proposed for 2008. éë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Capital Equipment - Emergency Management431-42500 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 00000 Activity Description The Emergency Management Capital Equipment Fund was established to fund long term ongoing capital equipment needs in the General Fund. Objectives for 2008 Continue replacing equipment as needed to maintain a modern and reliable Emergency Management system. Budget Comments #REF!#REF!#REF!0 No capital equipment proposed for 2008. #REF!#REF!#REF!28,400 éê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Engineering Capital Equipment431-43100 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla8,94116,19729,5000(29,500) y Contingencies & Transfers00000 8,94116,19729,5000(29,500) Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling of long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when larger more costly equipment will need to be purchased. This in- turn eliminates the highs and lows of budgeting as an equal dollar amount is set aside each year. Objectives No Capital Equipment requests in 2008. Budget Comments Item & Projected Cost The following requests have been made for Engineering Capital Equipment Replacement: 1. No requests for 2008. éé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Streets Capital Equipment431-43121 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla16,75026,471112,000260,400148,400 y Contingencies & Transfers00000 16,75026,471112,000260,400148,400 Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives 1. Replacement of the Pelican Street Sweeper (1/2 shared with Storm Sewer). 2. Replacement of the Tandem Dump Truck, with attachments. 3. Replacement of the John Deere Skid Steer (1/2 shared with Parks) Budget Comments Item & Projected Cost The following requests have been made for Streets Capital Equipment Replacement: 1. Replace Street Sweeper unit #004 (1/2 with Storm): $100,000 2. Replace Tandem Dump Truck w/Attachments: $145,000 3. Replace Skid Steer (1/2 with Parks) $11,000 éè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Cap Equip Rep-Traffic Signs431-43170 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 00000 Activity Description Objectives No Capital Equipment requested for 2008. Budget Comments Item & Projected Cost The following requests have been made for Traffic Signs / Signals Capital Equipment Replacement: No Requests for 2008 éç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Parks Capital Equipment431-45200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies03,694000 Other Services & Charges00000 Capital Outla5,03126,410153,00025,915(127,085) y Contingencies & Transfers00000 5,03130,105153,00025,915(127,085) Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives 1. Replace the ballfield groomer. 2. Replacement of the John Deere Skid Steer (1/2 shared with Streets). Budget Comments Item & Projected Cost The following requests have been made for Parks Capital Equipment Replacement: 1. Replace Ballfield Groomer $14,915 2. Replace Skid Steer (1/2 with Streets) $11,000 èð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 431Department: Tree Trimming Capital Equip431-46102 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla45,0000000 y Contingencies & Transfers00000 45,0000000 Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives Budget Comments èï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 432Department: Sewer Capital Equipment432-49499 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges2,9110000 Capital Outla00140,0000(140,000) y Contingencies & Transfers140,36531,036000 143,27631,036140,0000(140,000) Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives No Capital Equipment Requests in 2008. Budget Comments Item & Projected Cost The following requests have been made for Sewer Capital Equipment Replacement: 1. No requests in 2008. èî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 433Department: Water Capital Equipment433-49449 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla0026,0000(26,000) y Contingencies & Transfers29,19752,959000 29,19752,95926,0000(26,000) Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives No Capital Equipment Requested in 2008. Budget Comments Item & Projected Cost The following requests have been made for Sewer Capital Equipment Replacement: 1. No requests in 2008. èí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 434Department: Garage Capital Equipment434-49950 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 00000 Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives No Capital Equipment requested for 2008. Budget Comments Item & Projected Cost The following requests have been made for Garage Capital Equipment Replacement: 1. No requests in 2008. èì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 438Department: Capital Equip Rep-Storm Sewer438-49699 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla000100,000100,000 y Contingencies & Transfers00000 000100,000100,000 Activity Description The capital equipment fund was established to fund long-term capital equipment needs in the general fund. This was accomplished by preparing a detailed 20-year projection of the City's equipment needs and scheduling long term replacement. Thus, the City can set aside an equal amount of funding to provide a reserve for future years when large, more costly equipment will need to be purchased, eliminating the highs and lows in budgeting as an equal amount is set aside each year. Objectives 1. Replacement of the Pelican Street Sweeper (1/2 shared with Streets). Budget Comments 1. Replace Street Sweeper unit #004 (1/2 with Streets): $100,000 èë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 439Department: Capital Equipment Replacement - Fire439-42200 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies39,59915,362000 Other Services & Charges9,2886,8935,0000(5,000) Capital Outlay33,27541,610105,0000(105,000) Contingencies & Transfers00000 82,16263,864110,0000(110,000) Activity Description Objectives Budget Comments #REF!#REF!#REF!0 No capital equipment proposed for 2008. #REF!#REF!#REF!28,400 èê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 601Department: Water Utility Source of Supply601-49400 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies975,178986,5801,135,5001,165,50030,000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 975,178986,5801,135,5001,165,50030,000 Activity Description This department covers potable water purchased from the City of Minneapolis for resale to the residents of Columbia Heights. Amounts will vary from year to year based upon demand. In 2004, the City entered into a long term contract with the City of Minneapolis for the next 30 years. Objectives 1. Completion and calibration of the City of Minneapolis project of the new water filtration plant located at 45th and Reservoir Blvd. 2. Continue valving/isolation of our system zones distribution piping to improve water quality issues. Budget Comments The proposed budget for the year 2008 is $1,165,500, which is based upon a 3.3% increase over the estimated water usage for 2007. èé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 601Department: Water Distribution601-49430 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services266,708258,077293,359330,38837,029 Supplies62,84964,15361,80066,3004,500 Other Services & Charges332,064380,034325,366373,09847,732 Capital Outla25,00025,00037,50039,5722,072 y Contingencies & Transfers00000 686,621727,264718,025809,35891,333 Activity Description This activity provides for the operation and maintenance of the City's entire water distribution system, including water tower, watermains, hydrants, valves, meters, pump stations (2), sprinkler systems (3), and decorative fountains (2). Objectives 1. Continue cooperative Water Main Cleaning and Lining Program with City of Minneapolis - 2008 area: NE Quadrant of City. 2. Develop residential water meter battery replacement program. 3. Continue investigation into water quality complaints, develop remedial alternatives . 4. Review and develop a large meter replacement program for commercial and industrial users. 5. Develop developmental strategic plan. Budget Comments The proposed 2008 budget is $809,358 representing an increase of $91,333 from the 2007 adopted budget. The primary area of increase is in personnel services, minor equipment, petroleum related costs and water connection fees, to better represent the actual costs of operating and maintaining our water distribution system. Depreciation was increased to account for actual costs charged to the department. èè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 601Department: Water Admin & General601-49440 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies1,8593,2924,1004,1000 Other Services & Charges12,91914,64314,30016,5032,203 Capital Outla005,0000(5,000) y Contingencies & Transfers112,855112,830111,813114,6102,797 127,633130,765135,213135,2130 Activity Description The Administration Department of the Water Utility Fund accounts for 33.3% of the costs associated with the utility billing process and one-half of the costs associated with meter reading. The remaining costs for utility billing are allocated to the Sewer Utility Fund - 33.3% and the Refuse Utility Fund 33.3%; the remaining costs for meter reading are allocated to the Sewer Utility Fund. Objectives In addition to the Water Administration Department's ongoing objective of updating and refining work processes to increase cost-effectiveness, the department will participate in the Finance Department's 2008 emphasis of cross- training and succession planning. Budget Comments The proposed water administration budget for 2008 equals the 2007 adopted budget. The most significant change in the individual line items budgeted are a decrease of $5,000 in capital outlay offset by primarily by increases in the labor transfer out to the General fund and credit card fees. èç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 601Department: Water Non-Operating601-49449 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges0713000 Capital Outla00000 y Contingencies & Transfers175,927454,974163,60099,700(63,900) 175,927455,687163,60099,700(63,900) Activity Description Objectives Budget Comments çð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 602Department: Collections602-49450 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services209,343215,444323,659322,706(953) Supplies23,82131,94734,12544,12510,000 Other Services & Charges236,494251,284232,831239,6066,775 Capital Outla0012,5004,000(8,500) y Contingencies & Transfers25,00025,00025,00035,32710,327 494,658523,676628,115645,76417,649 Activity Description This activity provides for the operation and maintenance of the City's sanitary sewer collection system. Included in this activity are inspections and repairs of manholes, trunk and main sewer lines, and lift stations (4). Annual sewer flows are between 575 and 600 million gallons to MCES treatment facilities. Objectives 1. Continue aggressive sanitary sewer cleaning program on a 3-year repeating cycle city-wide, and trouble lines annually. Initiated in 2004. 2. Continue sanitary sewer system evaluations through an aggressive televising and reporting program. 3. Continue the rehab of existing sewer line structures throughout the City 4. Continue manhole inspections with the televising inspection reports. 5. Continue 4th year of Sump Pump Disconnects in residential areas. 6. Develop developmental strategic plan. Budget Comments The 2008 Sewer Collections proposed budget is $645,764, which is an increase of $17,649, or 2.8% from 2007. The primary area of increase is in minor equipment, petroleum related costs and contingencies, to better represent the actual costs of operating and maintaining our sewer collection system (aggresive sewer cleaning), provide no-fault sewer backup coverage and in depreciation of sanitary sewer improvements. çï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 602Department: Disposal602-49480 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies770,375794,522845,268875,26830,000 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 770,375794,522845,268875,26830,000 Activity Description This department provides for fees paid to the Metropolitan Council Environmental Services for sewage treatment disposal. Costs will vary from year to year based upon flows. Objectives Rates from the MCES have begun a modest increase over the last couple of years. Rates began climbing in 2004 and it is anticipated that rates will increase by 3.5% to 5.5% over the next several years. Budget Comments The proposed 2008 Sewage Disposal budget is $875,268. This represents a 3.5% increase from the 2007 adopted budget as MCES is seeing gradual rate increases. çî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 602Department: Sewer Admin & General602-49490 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies1,4582,9914,1004,1000 Other Services & Charges9,87411,93714,30016,5032,203 Capital Outla005,0000(5,000) y Contingencies & Transfers112,855112,830111,812114,6092,797 124,187127,758135,212135,2120 Activity Description The Administration Department of the Sewer Utility Fund accounts for 33.3% of the costs associated with the utility billing process and one-half of the costs associated with meter reading. The remaining costs for utility billing are allocated to the Water Utility Fund - 33.3% and the Refuse Utility Fund 33.3%; the remaining costs for meter reading are allocated to the Water Utility Fund. Objectives In addition to the Sewer Administration Department's ongoing objective of updating and refining work processes to increase cost-effectiveness, the department will participate in the Finance Department's 2008 emphasis of cross-training and succession planning. Budget Comments The proposed sewer administration budget for 2008 equals the 2007 adopted budget. The most significant change in the individual line items budgeted are a decrease of $5,000 in capital outlay offset by primarily by increases in the labor transfer out to the General fund and credit card fees. çí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 602Department: Sewer Non-Operating602-49499 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges082000 Capital Outla00000 y Contingencies & Transfers62,10861,1644,8004,000(800) 62,10861,2464,8004,000(800) Activity Description Objectives Budget Comments çì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 603Department: Refuse Disposal603-49510 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies1,075,8501,060,5541,163,1901,180,70017,510 Other Services & Charges00000 Capital Outla00000 y Contingencies & Transfers00000 1,075,8501,060,5541,163,1901,180,70017,510 Activity Description Contracted costs and billings for refuse, recycling and yard waste collection and disposal are separated and accounted for in this department to enable tracking of actual costs for each area and to facilitate accurate reporting to state and county agencies as required. The City negotiated a five year contract with BFI/AlliedWaste Systems of North America through December 2009. Under this contract, the hauler provides all single and double households with wheeled garbage carts. Three levels of service are available to provide options for residents: 90 gal full service option, 60 gallon limited service, and 30 gallon low-volume service. There is also a subsidized "senior rate" for low income seniors or disabled persons. Residents may request a change of service level by calling city staff. Objectives 1. Promote responsible waste practices, through training and education, to reduce the ever growing municipal solid waste tonnages. 2. Provide cost effective options for disposal of problem items. 3. Publicize the disposal options available for residents. Budget Comments The Refuse Disposal Budget increased by $17,510 from 2007 to 2008. This increase reflects a 1% increase over 2007, based on the contract with BFI/Allied Waste Systems of North America. çë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 603Department: Refuse Collection & Disposal603-49520 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services05,175021,48521,485 Supplies1801967757750 Other Services & Charges10,73310,5629,95110,098147 Capital Outla00000 y Contingencies & Transfers107,939109,929109,10683,725(25,381) 118,852125,862119,832116,083(3,749) Activity Description This activity administers the total refuse collection and disposal program and includes expenses other than the contract costs. Contracted costs are separated for clarity in tracking and reporting; however, they do remain a function of this budget as a whole. Objectives 1. Promote the unique aspects of the City contract and encourage residents to effectively use the services available to them as Columbia Heights residents. 2. Encourage a greater use of the low-volume option for those who require only the very basics in disposal services. 3. Work with owner/managers/caretakers and tenants of multi-unit facilities to provide all the disposal services they need in the most cost effective manner, thereby reducing the number of complaints from and about these buildings. Budget Comments The Refuse Collection & Disposal Budget decreased by $3,749 from 2007 to 2008. Other Financing Uses decreased, due to a decrease in transfer out--labor, although that is offset by personnel expenditures due to personnel now assigned to the dept. çê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 603Department: Recycling603-49530 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services3665,73672619,66518,939 Supplies1263581,6051,6050 Other Services & Charges22,56422,80625,60525,775170 Capital Outla00000 y Contingencies & Transfers72,93974,92974,10648,669(25,437) 95,995103,829102,04295,714(6,328) Activity Description This activity provides administrative oversight of the recycling contract between the City and BFI/Allied Waste Systems, Inc. The City contracts with the hauler to collect ten items in the curbside collection program, plus tires and scrap metal at the recycling drop-off center. The City continues to meet and exceed the recycling tonnage goals set by the Metropolitan Council and Anoka County. The City residents recycle an average of 175 tons per month through city programs. Objectives 1.Continue to educate residents to all the items that can be recycled curbside, and at our Recycling Drop-off Center, and the numerous other options available within the community. 2. Continue to work with multiple dwelling units in our community to educate renters and owners alike to all the recycling opportunities available. 3 Work closely with Kiwanis and Golden K Kiwanis groups and residents to effectively utilize our Recycling Center. Budget Comments The Recycling Budget decreased by $6,328 from 2007 to 2008. Other Financing Uses decreased, due to a decrease in transfer out--labor, although that was offset by personnel services due to personnel now assigned to the dept. çé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 603Department: Hazardous Waste603-49540 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00242602360 Supplies006006000 Other Services & Charges8391,0855,6005,6000 Capital Outla00000 y Contingencies & Transfers00000 8391,0856,4426,802360 Activity Description This activity administers the handling of hazardous waste generated by the City of Columbia Heights. Such items include fluorescent lamps, solvents, waste and automotive fluids, and paints and chemicals. While this budget functions as a service to the Public Works Department, it is administered through the Refuse Fund. This fund does not deal with household hazardous waste generated by residents. Anoka County provides those services primarily through a year-round drop-off facility located in Blaine that serves the entire county. Objectives 1. Continue to coordinate twice a year collections of fluorescent bulbs from residents, small businesses, and city buildings to facilitate proper disposal. 2. Promote and encourage residents to use the Anoka County Household Hazardous Waste drop-off facility. 3. Educate residents which items are hazardous, costly to dispose, and accepted only at a licensed disposal facility, and what options may be available to purchase more wisely. Budget Comments he Hazardous Waste budget increased by $360 from 2007 to 2008. This was due to an expected increase for interdepartmental labor to conduct abatements for the new electronics (Cathode Ray Tubes) disposal law. çè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 604Department: Storm Water Utility 604-49650 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services23,78851,69971,11663,353(7,763) Supplies14,8097,04025,25027,8502,600 Other Services & Charges92,829100,484107,569120,26912,700 Capital Outla005,00017,50012,500 y Contingencies & Transfers38,7005,8005,0006,9641,964 170,126165,023213,935235,93622,001 Activity Description This department provides for the operation and maintenance of the city's storm sewer system, including NPDES Phase II permit requirements, inspection and repair of storm sewer pipes, catch basins, manholes, and drainage ponds, and surface water related activities. Objectives 1. Implement NPDES Phase II requirements for activities and reporting system. 2. Continue the transition of maintenance to the Streets Department. 2. Rehab existing structures and/or main lines throughout the City. 3. Storm sewer system evaluation: manhole sewer line inspections. 4. Develop developmental strategic plan. Budget Comments The proposed 2008 budget is $235,936, an increase of $22,001 from the 2007 adopted budget. The primary area of increase is in construction materials, petroleum related costs, and expert & professional services, to better represent the actual costs of operating and maintaining the storm sewer collection system and to meet the requirements of the NPDES Phase II permit. Depreciation was increased to account for actual costs charged to the department. çç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 604Department: Storm Sewer Admin & General604-49690 Expense Changes by CategoryAdoptedCity Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges3,5481,2301,5001,320(180) Capital Outlay00000 Contingencies & Transfers00000 3,5481,2301,5001,320(180) Activity Description The Administration Department of the Sewer Utility Fund accounts for costs directly associated with this fund. At this time, there are no allocated costs for the utility billing process or meter reading. Objectives The Storm Sewer Administration Department is only a passive collecting point in the accounting system for certain direct costs. As such, it does not have objectives other than to fulfill this record keeping role. It is not a department that is staffed directly or indirectly (such as through a labor allocation.) Budget Comments The proposed budget for 2008 for this department is a $180 decrease from the 2007 adopted budget. The only item in this budget is a share of the annual audit fee. ïðð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 604Department: Storm Water Non-Operating604-49699 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges5,8003,864000 Capital Outla00000 y Contingencies & Transfers133,732140,280154,400150,300(4,100) 139,532144,144154,400150,300(4,100) Activity Description Objectives Budget Comments ïðï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 609Department: Liquor Store #1609-49791 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services380,330386,236379,697277,797(101,900) Supplies2,398,1622,367,9292,606,6003,119,260512,660 Other Services & Charges229,606231,042259,541328,14968,608 Capital Outlay00000 Contingencies & Transfers001,00010,7449,744 3,008,0982,985,2073,246,8383,735,950489,112 Activity Description Top Valu #1 on 44th and Central Ave. will be opening its doors for the last time at this site early in 2008. In December 1984 Top Valu Liquor opened to the public at this site. After renting for 23+ years we will be moving to 50th and Central Ave. The new store will be owned and operated by the City. This project will clean up an area of the City that was in great need for re-development. We also hope to set an example to others of what can be done to improve other areas of the city that may also need re-development. Our new store will continue to be a large volume type liquor store. Over the years this type of liquor operation has proven to be the most successful in Minnesota, and nationwide. We will continue to offer a large selection of products to chose from, high quality products and great low prices. Consumers also want a comfortable and convenient shopping experience, as well as friendly and helpful assistance from our staff. In addition, one of our primary goals is to prevent youth access to alcohol in our community. This is our "mission statement". These goals are ongoing. These are tasks that need to be, and are addressed by our management team, and staff daily. Objectives With the building of the new store on 50th and Central Ave. we will have an objective of making the store as profitable and successful as possible. We plan to achieve this goal with the design, location, and visibility of our new store from Central Ave. as our main tools. Other plans will be to use local and Metro wide advertise to inform the public of our new site, and our great prices. We will also use interior displays, and attractive window display areas to merchandise our products to their utmost advantage. Promotional tools will be used, such as Winery of Month and Tasting specials, to name a few. We will continue to provide great prices and service to our customers, as well as a superior selection of product to chose from. We will continue to prevent the access of alcohol to minors and those who may already be intoxicated. Budget Comments The Budget for Top Valu #1 has increased by $489,112 from the 2007 adopted budget. I consider this to reflect an increase in sales from 2007. Sales have been trending up at this store the last several years, and with the new store and location on 50th and Central Ave. we are expecting a drastic increase in sales. ïðî CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 609Department: Liquor Store #2609-4979 2 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services271,444278,093295,602274,850(20,752) Supplies1,869,0041,922,2822,181,7002,602,900421,200 Other Services & Charges161,632171,533188,301226,79538,494 Capital Outlay00000 Contingencies & Transfers09261,0008,7807,780 2,302,0802,372,832,666,603,113,32446,722 435 Activity Description The City opened this Liquor Store at 37th. and Stinson Ave. in April 1993. Our plans are to re-open the new store on the corner of 37 Ave. and Hart Blvd. less than 100 yards from our current location. This opportunity became available to the City when Comfort of Homes decided to develop the Old Chief Theater Site. Our projected opening date for the new store is in early November of 2007. This store will be owned and operated by the City. We had rented the space for the old store since 1993, and the time on our lease was to run out early in 2008. We have been experiencing a continual increase in sales at this location and believe this is partly due to the increase in customer traffic from the Apache Mall development site. We believe this pattern of growth will continue, and increase even more with the completion of our new store on the corner of 37th Ave. and Hart Blvd. We will continue to offer better prices and service to our customers, and will continue to be a successful and profitable operation. This site has a customer base with a growing income level, and a desire to have the selection and service that we offer at a discount price. Objectives With the new Liquor Store on 37th and Hart Blvd as well as Central Ave. we have the same strategy that we will implement at this store as we will at 50th and Central Ave. This store has many if not all the same features as the Central Ave. store. The 37th site is on a slightly less traveled road than Central Ave. but makes up for that with the a customers who is travailing to the Apache shopping center. These customers are all ready on the road to do some shopping, and will find us a convenient and desirable stop on their way. The floor plan for success at this store is the same as on Central Ave. And we will achieve our goals at both. Budget Comments The Budget for Top Valu #2 has increased by $446,722 from the 2007 adopted budget. Again I consider this to reflect an increase in sales from 2007. The sales in this store have also been trending up over the years, and with the new store at this location we are expecting a drastic increase in sales. We are also seeing a increase in traffic in that area. ïðí CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 609Department: Liquor Store #3609.4979 3 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services187,359172,663193,864208,16214,298 Supplies970,506772,7311,066,700786,450(280,250) Other Services & Charges45,81740,90250,30250,32018 Capital Outlay00000 Contingencies & Transfers001,0007,5766,576 1,203,682986,291,311,861,052,508(259,358) 66 Activity Description The City of Columbia Heights built this building and opened this store in 1964. In 1986 the store underwent significant renovation and improvement with the addition of a new cooler, lighting, and floor tile. This store is operated as a small convenience operation with a more profitable markup than the two larger volume stores. This store had a high volume of summer and evening business, but had suffered a loss of sales due to neighboring Liquor Stores extending their hours during the week to match ours. This became possible do to new legislation regulating the hours of the Liquor Stores neighboring us. In 2005 we remodeled and reset many internal aspects of the store. We hope to do some external improvements in the near future. The goal is to give people driving by the store the idea it is new and improved. And since we have improved the interior, we wish to draw new customers in by improving the exterior. Objectives 1. We plan to upgrade our security system to help ensure the safety of our staff and our customers. 2. Due to the small size of this store, we will target items in high demand from our customers. 3. We will offer our customers a neat, clean environment to do their shopping. 4. We will keep a neat clean store, and parking lot to keep and attract new customers. Budget Comments The budget for Heights Liquor have decreased by $259,358 from the 2007 adopted budget. We do feel the traffic pattern at that store has finally stabilized do to the legislative changes that affected it so drastically. We are now seeing and increase in local traffic from the surrounding neighborhood, and we hope to continue to grow from that, and the commuter traffic on University Ave. ïðì CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 609Department: Liquor Non-Operating609-4979 4 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges230000 Capital Outlay006,000,000200,000(5,800,000) Contingencies & Transfers210,747712,361214,700119,042(95,658) 210,770712,3616,214,700319,042(5,895,658) Activity Description Objectives Budget Comments ïðë CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 651Department: Water Construction651-49449 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges2,052025,00072,50047,500 Capital Outla(735)0390,000232,000(158,000) y Contingencies & Transfers735255,796000 2,052255,796415,000304,500(110,500) Activity Description This fund covers Capital Improvements to the City's Water Distribution System and the reconstruction and/or repairs to the distribution system including mains, pumping stations, water tower, and operational control valves. Objectives 1. Coordinate repair/replacement of watermains that are in the street reconstruction zones or major improvement projects. 2. Complete minor repairs and repaint the City's water tower (2006 carryover). 3. Continue cooperative Water Main Cleaning and Lining Program with City of Minneapolis Budget Comments The 2008 Water Construction budget is $304,500 to continue the focus on rehabilitation of an aging system. Work includes pipe replacement in the University Service Drive, repainting the water tower (carried over from 2006), water main cleaning and lining (4th year on Minneapolis Contract), residential battery replacement program and building repair at pump station #2. ïðê CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 652Department: Sewer Construction652-49449 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies00000 Other Services & Charges00000 Capital Outla00215,000125,000(90,000) y Contingencies & Transfers096,210000 096,210215,000125,000(90,000) Activity Description This fund supports Capital Improvements to the City's Sanitary Sewer System and major repairs in the sanitary sewer collection system including mains, lift stations, and manholes. Objectives Budget Comments The 2008 Sewer Construction budget is proposed at $125,000 to continue addressing the rehabilitation of an aging sewer system. The 2008 program focuses on continuing programming in the amount of $125,000 for continued lining of deficient pipes to address root intrusion and/or joint clear water inflow. ïðé CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 653Department: Storm Sewer Construction Fund653-49699 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services00000 Supplies3,0001,064000 Other Services & Charges3960015,00015,000 Capital Outla00175,000225,00050,000 y Contingencies & Transfers0113,407000 3,396114,471175,000240,00065,000 Activity Description This fund supports Capital Improvements and major repairs in the storm sewer collection system, flood mitigation, and other surface water related activities. Objectives 1. Reconstruct the storm sewer on University Avenue at 44th under a Cooperative Project with MnDOT. 2. Reconstruct or repair problem areas in the storm sewer system that were identified in 1997 and 1999. 3. Continue the annual program of replacing or upgrading catch basins, manholes and storm pipe in the street rehabilitation zones. 4. Continue to evaluate areas prone to flooding for funding options. Budget Comments The 2008 Storm Sewer Construction budget was established to be consistent with the 10 year Capital Implementation Plan prepared during the establishment of the Storm Water Utility. The plan includes specific improvement projects the University Service Drive and annual maintenance or planning activities and is proposed at $240,000. ïðè CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 701Department: Central Garage701-49950 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$Amount 2005200620072008of Change Personal Services133,124152,668180,988180,833(155) Supplies110,104128,600109,500139,50030,000 Other Services & Charges116,499137,794105,131111,8346,703 Capital Outla0053,05040,000(13,050) y Contingencies & Transfers101,500118,998101,500107,1065,606 461,227538,059550,169579,27329,104 Activity Description Central Garage provides preventive general maintenance and repair for all city owned vehicles and equipment. The City currently has 305 pieces of equipment that are maintained on a regular basis. This is an internal service fund with revenue generated by charges to other departments for all repair and maintenance services performed by members of this department. Objectives 1. Continue the electrical retrofits of the building and site improvements to the MSC building begun in 2005 & completed in 2006, and conversion to radiant heat. 2. Continue to improve the training and data availability on the CFA software program for the City Fleet Maintenance Program. 3. Second year of concreting of the garage basement floor in phases, following the building remodeling. 4. Complete the building security installation roughed in in 2006. Budget Comments The Public Works garage budget proposed for 2008 is $579,273 which represents an increase of $29,104 over the 2007 adopted budget. The primary area of increase is in minor equipment, contingencies, the Honeywell contract and fuel purchase costs. Capital outlay is continued to reflect concreting the basement floors (1/3 phased) and building access control to the Municipal Service Center Building, following remodeling activities. Most other line items in the 2008 proposed budget remains flat or have been reduced. ïðç CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 720Department: Information Systems720-49980 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services145,188152,114155,602154,330(1,272) Supplies12,59913,93812,4243,825(8,599) Other Services & Charges36,89142,48534,28239,6885,406 Capital Outla0015,97515,9750 y Contingencies & Transfers008,0008,0000 194,678208,538226,283221,818(4,465) Activity Description The IS department provides information system's implementation, management, support, and training to the City and IS staff. With the City's dependence on information system, it is imperative to have staff on hand to support and develop the system. Modern information technologies and training increase City employees' productivity and reduce overall cost of information system ownership. Objectives 1. Continue implementation of information technologies to increase staff productivity, simplify and secure access to the documents, and consolidate data storage. 2. Support and upgrade computer equipment and software to increase performance and reliability. 3. Train users and IS staff to better use City information system. 4. Provide secure and reliable operation of the City information System. Budget Comments The proposed budget for 2008 is $221,818 (decreased from 2007 by $4,465). It includes funding for: - IS Director and IS Technician - general IS support and maintenance - hardware and software to increase IS performance and reliability - training for users and IS staff ïïð CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 720Department: IS Imaging720-49981 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services3,90612,73015,16015,20848 Supplies2284,1267467460 Other Services & Charges7,73717,96811,64512,283638 Capital Outla00000 y Contingencies & Transfers00000 11,87134,82527,55128,237686 Activity Description The optical imaging system provides the City with superior document organization, storage and retrieval capabilities. It enhances our ability to store and share information, enabling us to better server the public. Objectives 1. Add City documents to the Laserfiche imaging system on the ongoing basis. 2. Continue conversion of paper achive to electronic format. 3. Provide secure and reliable operation of the imaging system. Budget Comments The proposed budget for 2008 is $28,237 (increased from 2007 by $686; fully offset by decrease in 720.49980). It includes funding for: - part-time intern to convert paper achive to electronic format - imaging system support and maintenance - imaging media ïïï CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2008 Fund: 720Department: IS Internet720-49982 Expense Changes by CategoryAdopted City Manager ActualActualBudgetProposed$ Amount 2005200620072008of Change Personal Services6,0710000 Supplies11,679645000 Other Services & Charges010,32714,70118,4773,776 Capital Outla00000 y Contingencies & Transfers00000 17,75010,97214,70118,4773,776 Activity Description Internet connections enable City employees to use e-mail for communication with public, to access government and commercial information systems and Web-sites. The City's Web site provides easily accessible and up-to- date information to the public. Objectives 1. Support Web sites for the City, Murzyn Hall, and liquor stores. 2. Provide Internet access to the public documents in Laserfiche system. 3. Provide fast, reliable, and secure Internet access for City employees. Budget Comments The proposed budget for 2008 is $18,477 (increased from 2007 by $3,776; fully offset by decrease in 720.49980). It includes funding for: - support of City, Murzyn Hall and Top Valu Web-sites - support of Internet access to the public documents in Laserfiche system - support of Internet access for employees ïïî ïïí ïïì PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE AUGUST 27, 2007 MEETING. REMOVE -MOTION: Move to adopt Resolution No. 2007-149, a resolution of the City Council of the City of Columbia Heights declaring the property at 5057 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. REMOVE -MOTION: Move to adopt Resolution No. 2007-154, a resolution of the City Council of the Gity of Columbia Heights declaring the property at 4516 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $1,000,000 GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the ``Council") of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The City is authorized by the Charter of the City of Columbia Heights (the "Charter"} to issue its general obligation bonds for, among other things, the construction and rehabilitation of streets within the City (the "Street Rehabilitation"). 1.02. On July 9, 2007 the Council conducted a first reading of an ordinance to issue its general obligation bonds in the aggregate amount of $1,000,000 to finance the Street Rehabilitation (the "Ordinance"}. 1.03 On July 23, 2007, the Council conducted a second reading of the Ordinance and adopted the Ordinance, subject to referendum as described in the Charter. 1.04 The Ordinance was published at least once in the City's official newspaper. The City Clerk did not receive a petition signed by the requisite amount of registered voters in the specified time frame to require a referendum on the issuance of the Bonds (hereinafter defined) under the Charter. Section 2. Sale of Bands. 2.01. Award to Purchaser. The proposal of Wells Fargo Brokerage Services, LLC (the "Purchaser") to purchase the City's $1,000,000 General Obligation Street Rehabilitation Bonds, Series 2007A (the "Bonds") described in the Terms of Offering thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $997,695.20 plus accrued interest to date of delivery, for Bonds bearing interest as follows: 316620v2 AJP CI,162-39 Year Inter°est Rate 2009 4.00% 2010 4.00% 2011 4.00% 2012 4.00% 2013 4.25% 2014 4.25% 2015 4.25% 2016 4.25% 2017 4.375% 2018 4.375% True Interest cost: 4.2901% The City Manager is directed to deposit the goad faith check of the Purchaser on behalf of the City pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful proposers forthwith. The sum of $4,388.95 being the amount offered by the Purchaser in excess of $1,000,000 will be credited to a separate construction account to defray the costs of the Street Rehabilitation, as determined by the City's financial advisor. 2.02. Terms and Principal Amounts of the Bonds. The City will forthwith issue the Bonds pursuant to the Charter, in the total principal amount of $1,000,000, originally dated as of September 19, 2007, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year .~n~ount 2009 $65,000 2010 85,000 2011 90,000 2012 95,000 2013 100,000 2014 105,000 2015 105,000 2016 110,000 2017 120,000 2018 125,000 2.03. Optional Redemption. The City may elect on February 1, 2015, and on any day thereafter to prepay Bonds due on or after February 1, 2016. Redemption may be in whole ar in part and if in part, at the option of the City and in such manner as the City will determine. If Less 31662(7v2 AJF CL162-39 2 than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 3. Form; Registration. 3.01. Registered Form. The Bonds will be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof will be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii} the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 in each year, commencing August 1, 2008, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a band registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar will keep at its principal corporate trust office a bond register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new 316620v2 A3P CLI62-39 3 Bonds of a like aggregate principal amount and maturity as requested by the registered owner's attorney in writing. (d} Cancellation. All Bands surrendered upon a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of directly by the City. (e} Improper or Unauthorized Transfer. when any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums to be paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h} Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond becomes mutilated or desroyed, stolen or lost, the Registrar wail deliver a new Bond of like ali7ou~it, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution far any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Band destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Band was destroyed, stolen or last, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by it and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its teams it will nat be necessary to issue a new Bond prior to payment. 316620v2 AJP CL162-39 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be liven by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid] not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein., will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Re is>; trar. The City hereby appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation will be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar far the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar will deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Manager or a designee will transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and will be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose g l,p , a •„ ' ~~ '- ~ '- y f arly Bond, that sI 11atLlre a ears llll tale Bonus wlll cease to Ue sLlcll olllcer Uelore Llle dellver~' o signature or facsimile will nevertheless he valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution., no Bond will be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it leas been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in 316620v2 AJP CL162-39 5 Section 3.07 with such changes as may be necessary to reflect mare than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 3.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form: No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA CUUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A Date of Rate Maturity Original Issue CUSIP September 19, 2007 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing home rule charter city and political subdivision in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the Principal Amount specified above on the Maturity Date specified above, paya'ole Februai°y i acid August i in each year, cotiiiiie~iciiig Februai=y i, 2009, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day} of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit anal taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2015, and on any day thereafter to prepay Bands due on or after February 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called far redemption, the City will notify Depository Trust Company (``DTC"} of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each 31(620v2 AJP CL,162-39 ~ participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownershit~ interests in such maturity to be redeemed. Pretiavmenu will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $1,000,000, all of like original date and tenor, except as to number, maturity date, redemption privilege and interest rate, issued pursuant to a resolution adopted by the City Council on August 27, 2007 (the "Resolution"), for the purpose of providing funds for the construction and rehabilitation. of streets within the City, as authorized by the Charter of the City of Columbia Heights (the "Charter"), pursuant to and in full conformity with the Constitution, the Charter and the laws of the State of Minnesota. The principal hereof and interest hereon are payable from ad valorem taxes levied on all taxable property in the City, and if necessary for the payment thereof additional ad valorem taxes are required by law to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bands of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental change required to be paid with respect to such transfer or exchange. The City and the Bond Registrar rtiay deei'n aiid treat the person i1i whose iiatile t his Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all otlser purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, the Charter and the laws of the State of Minnesota to be done, to happen and to be performed preliminary to and in the issuance of this Bond have been done, have happened and have been performed in regular and due farm, time and manner, that prior to the issuance of this bond the City Council of the City of Columbia Heights has provided funds for the payment of principal and interest on the Bonds of this series as the same become due, but the full faith and credit of the City is pledged for their payment and additional taxes will be levied, if required for such purpose, without limitation as to the rate of amount; and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any charter, constitutional or statutory limitation thereon.. 316620v2 A.1P CL162-39 7 This Band is not valid or obligatory far any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon will have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers ante the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Band, with full power of substitution in the premise. 3I6620v2 AJP CL.162-34 ~ Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within. Band in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stack Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all. in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. 316620v2 AJP CL162-39 C} Signature of Date of Registration Registered Owner Officer of the Registrar Cede & Co. Federal ID #13-2555119 3.08. Le a~ 1 Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, as bond counsel, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Security, iy Went. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Street Rehabilitation Bonds, Series 2007A Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Manager will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, and (ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. 4.02. Tax Levy. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of collection}: Year L~ (See EXHIBIT B) 4.03. Debt Service Coverage. It is determined that the estimated collection of the foregoing taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bands. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the County Auditor of Anoka County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 316620v2 ATP CL16?-39 1 4.04. Registration of Resolution. The City Manager is authorized and directed to file a certified cobv of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser anal to the attorneys approving the bonds, certified copies of proceedings and records of the City relating to the bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Transcript. The Mayor and City Manager are hereby authorized and directed to certify that they have examined the Official Statement, dated August 16, 2007, prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kemledy & Graven, Chartered as Bond Counsel) to the Registrar on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenants. 6.V1. lax EXemption. llle City will GGillply with rcquireiiici2ts ne~cSSarj% iziider tl'ic^ Internal Revenue Code of 1986, as amended (the "Code") to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to the temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bands, and the rebate of excess investment earnings to the United States if the Bands (together with other obligations reasonably expected to be issued in calendar year 2007) exceed the small-issuer exception amount of $5,000,000. 6.02. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be ``private activity bonds" within the ineanii~g of Sections 103 and 141 through 150 of the Code. 316620v2 AJP CL162-39 1 1 6.03. Procedural Requirements. The City will use its best efforts to comply with any federal brocedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entr~ystem; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth. in. Section 2.02 hereof. Upon initial issuance, the ownership of each Band will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"}. Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii} the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, acid for ail other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and alt such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Band evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket issuer Letter of Representations (the "Representation Letter`'} which shall govern 316620v2 AJP 01.,162-39 12 payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Anv Paving Agent or Bond Registrar subsequently aipointed by the City with respect to the Bonds will agree to take all action necessary far all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry stem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial. interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Band Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the mamler provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disciosu~°e Cerii irate is 13ot to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. 9.01. Pledges Covenants and Other Ri;?hts to Cease. When all Bonds and alt interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full 31662(lv3 AJP CL_ 162-39 1 ~ faith and credit of the City for the prompt and full payment of the principal of and interest on the Bands will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in hill with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 316620v2 AJP CL162-39 14 The motion for adobtion of the fore~oin~ resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adapted. 316620v2 AJP CL162-39 l STATE OF MINNESOTA ) } COUNTY OF ANOKA ) SS. } CITY OF COLUMBIA HEIGHTS) I, the undersigned, being the duly qualified and acting City Manager of the City of Columbia Heights, Minnesota, do hereby certify that I have carefully compared the attached and foregoing resolution of a regular meeting of the City Council held on Monday, August 27, 2007, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City's $1,000,000 General Obligation Street Rehabilitation Bonds, Series 2007A. WITNESS My hand as City Manager and the corporate seal of the City this day of , 2007. City Tvlanager City of Columbia Heights, Minnesota (SEAL) I~~zov? ~1r cL lba-~9 S-1 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO C(7-LINTY OF ANOKA TAB LEVY AND REGISTRATION I, the undersigned County Auditor of Anoka County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Columbia Heights, Mimnesota, on August 27, 2007, levying taxes for the payment of $1,000,000 General Obligation Street Rehabilitation Bonds, Series 2007A, of said municipality dated September 19, 2007, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2007. County Auditor Anoka County, Minnesota (SEAL) By Deputy 316620v2 A1P CL162-39 ~_2 EXHIBIT A PROPOSALS 315620v2 AJ€' CL1 F,2-39 ~_ ~ EXHIBIT B TAX LEVI' SCHEDULE YEAR * TAX LEVY 2008 $38,191.57 2009 128,475.17 2010 130,587.20 2011 132,267.20 2012 133,737.20 2013 134,997.20 2014 135,784.70 2015 131,099.07 2016 131,663.45 2017 137,254.70 2018 136,992.20 * Year tax levy collected. 3I6Ei20v2 A.1P CLl E~2-34 B-1 is TauLaziN 1,UOtI,~0 General ®b#igation Street Rehabilitation Bonds, Series 20U7A ~l i Y r7f~ l .l Di f ~dYi l~llba H'f~ll~R i'i T.~4g {V/~HV iV~9! 7 1 SALE: August 27, 2007 AWARD: WELLS FARGO BROKERAGE SERVICES, LLC RATING: Moody's Investors Service, Inc. "A1'° BBI: 4.81 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE WELLS FARGO BROKERAGE SERVICES, LLC Minneapolis, Minnesota UBS INVESTMENT BANK Dallas, Texas CRONIN & CO., INC. Minneapolis, Minnesota CITIGROUP GLOBAL MARKETS, INC Chicago, Illinois D. A. DAVIDSON & CO. Minnetonka, Minnesota NORTHLAND SECURITIES, INC. Minneapolis, Minnesota BERNARDI SECURITIES, INC. Chicago, Illinois 2009 4.000% 3.850% 2010 4.000% 3.900% 2011 4.000% 3.950% 2012 4.000% 4.000% 2013 4.250% 4.050% 2014 4.250% 4.100% 2015 4.250% 4.150% 2016 4.250% 4.200% 2017 4.375% 4.250% 2018 4.375% 4.350% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.100% 4.200% 4.300% 4.400% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3.750 3.800% 3.850% 3.900% 4.000% 4.100% 4.200% 4.300% 4.400% 4.500 $997,695.20 $271,693.44 4.2901% $992,600.00 $271,636.17 4.3025% $991,600.00 $275,924.58 4.3693% _...k 3060 Centre Pointe Drive, Roseville, fVIN 55113 ~d 651.697.8500 fax 651.697.8555 wwvd.ehlers-inc.com n ~ A S O C I A T E S I N C Offices irr Roseville; MN Brookfield, IMI and Lisle, 1L Ulark Ruff -Columbia Heights (City of} MN age From: "GID - Moody's Investors Service" <epi@moodys.com> To- <markta"~ehlers-inc_com> Date: 8124/2007 5:10:57 PM Subject: Columbia Heights (City of} MN MOODY'S ASSIGNS Al RATING TO CITY OF COLUMBIA HEIGHTS' (MN) $1.0 MILLION GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A Al RATING APPLIES TO $8.7 MILLION OF OUTSTANDING GENERAL OBLIGATION DEBT, INCLUDING CURRENT OFFERING Columbia Heights (City of) MN State Minnesota Moody's Rating Issue Rating General Obligation Street Rehabilitation Bonds, Series 2007A Al Sale Amount $1,000,000 Expected Sale Date 08/27/07 Rating Description General Obligation Unlimited Tax NEW YORK, August 24, 2007 -- Moody's Investors Service has assigned an Al rating to the City of Columbia Heights' (MN} $1.0 million General Obligation Street Rehabilitation Bonds, Series 2007A. Concurrently, Moody's has affirmed the Al rating on the city's outstanding general obligation debt. Columbia Heights has $8.7 million of total general obligation debt, including the current issue. Proceeds of the Series 2007A bonds will finance various street reconstruction projects. The current issue is secured by the general obligation unlimited tax pledge of the city, and debt service is to be paid with property taxes. Affirmation and assignment of the Al general abiigation~ rating reflect the mature Twin Cities suburb°s tax base growth that is driven by redevelopment; modest socioeconomic indicators; stable financial operations; and affordable debt levels. TAX BASE GROWTH FOR MATURE TWIN CITIES SUBURB DRIVEN BY REDEVELOPMENT; MODEST SOCIOECONOMIC INDICATORS Moody's anticipates that Columbia Heights' mature tax base will continue to grow at a steady pace due to ongoing redevelopment and its favorable location in the Twin Cities metropolitan area. Located just north of Minneapolis (general obligation rated Aa1/stable outlook) in Anoka County (Aa2), Columbia Heights is a mature, first-tier suburb. The city's $1.7 billion tax base has grown at a steady pace: full value increased at an average annual rate of 11 per year between 2001 and 2006, compared to an average annual growth rate of 12% for Minnesota cities. City officials largely attribute tax base growth to various redevelopment projects that the city has undertaken in partnership with residential developers. Projects include the construction of condominiums on the site of a former K-mart stare, and the city is working to renovate housing in the Sheffield area in one of the city's tax increment financing 1 Marx Kutt - t;oiumaia Heights (~i ora mrv _ _ rage ~ ~ districts. Socioeconomic indicators have declined ±n the past :~u years ano are particularly low for the Twin Cities metropolitan area. In 1999, per capita and median family income levels were 92% and 89% of the state, respectively, compared to 1979 per capita and median family income levels of 110% and 112% of the state, respectively. The city's median home value has also declined, from 106% of the state in 1980 to 84% of the state in 2000. Population has steadily decreased in recent decades, from 23,837 residents in 1970 to an estimated population of 18,288 in 2007. Given the city's aggressive residential redevelopment efforts, officials expect population levels to begin to increase in future years. STABLE FINANCIAL OPERATIONS EXPECTED TO CONTINUE Moody's expects Columbia Heights to maintain sound finances due to well-managed operations and a historically solid balance sheet. In recent fiscal years, General Fund operations have been quite stable: the fiscal 2003 General Fund balance was $3.4 million, compared to the fiscal 2006 General Fund balance of $3.6 million. The fiscal 2006 General Fund balance was a satisfactory 43% of General Fund revenues, which approximates the median of 49% for Minnesota cities. Per a city council resolution, the city reserves 45% of the subsequent year's operating budget in its General Fund. Like many municipalities in Minnesota, the city experienced cuts in state Local Government Aid beginning in 2003. The city levied back the full allowable amount of the cuts, demonstrating a willingness to raise local property taxes if necessary. Favorably, the percentage of total revenues that are derived from local property taxes has increased in recent years (from 46% of General Fund revenues in fiscal 2003 to 62% in fiscal 2006), while the city's reliance on intergovernmental aid has decreased (from 36% of General Fund revenues in fiscal 2003 to 22% in fisca12006}. The General Fund also receives transfers from the Municipal Liquor Fund ($68,361 was transferred in fiscal 2006). Going forward, officials expect a surplus of approximately $200,000 to $250,000 in the General Fund in fiscal 2007. AFFORDABLE DEBT LEVELS Moody's anticipates the city's low debt burden will remain affordable, given expectations for continued tax base growth and limited future borrowing plans. At 0.8% and 2.3%, respectively, the city's direct and overall debt burdens are both below state medians. The rate of principal amortization approximates state and national medians, with 70% all debt retired in ten years. Minnesota cities benefit from the state's statutory requirement to levy 105% of the annual debt service levy for tax-backed general obligation debt, providing excess revenues to offset property tax delinquencies. Future debt plans include periodic issuances for street rehabilitation projects, and issuing bonds to build a new public safety building. Exact costs and timeframes have not yet been established, but the city estimates that public safety building project costs will approximate $10 million. KEY STATISTICS 2000 census population: 18,520 (a 2.1 % decrease from 1990} 2007 estimated population: 18,288 (a 1.3% decrease fram 2000} 2 Mark Ruff -Columbia Heights (Crry ot) MN rage ~ 8 2006 full value: $1.7 billion 2006 full value per capita: $91,926 1999 per capita income: $21,368 (92% of state} 1999 median family income: $50,610 (89% of state) Anoka County unemployment rate (May 2007): 4.5% Fiscal 2006 General Fund balance: $3.6 million (43% of General Fund revenues) Direct debt position: 0.8% Overall debt burden: 2.3% Principal amortization (10 years): 70% Post-sale general obligation debt outstanding: $8.7 million Post-sale lease revenue debt outstanding: $5.0 million ANALYSTS: Rachel Cortez, Analyst, Public Finance Group, Moody's Investors Service Elizabeth Weber, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1653 Copyright 2007, Moody's Investors Service, Inc. and0or its licensors and affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information. Under no circumstances shall MOODY`S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in 3 City of Columbia Heights, MN __ FINAL - $ 1,000,000.00 G.O. Street Rehabilitation Bonds, Series 2007 Sources & Uses Dated 09/19/2007 ~ Delivered 09/19/2007 Sources Of Funds Par Amount of fonds $ I,Il0U,000 UO Reoffering Premium 4_i88 95 Total Sources 51,0114,388.95 Uses Of Funds Total Undcrwritcr's Discount (O.hfi9"„1 ~'~~'~~'~' Costs of ]ssuancc ~ I.b732~ i Deposit to Pro~cct Consu~ucuon Fund ~~~'~~~` I'`~~ Total Uses i I I 51.004.388.9.5 ~ Ser 07 $7M GO Street Reha ~ SINGLE PURPOSE ~ 8/2)12007 ~ 11:57 AM ~ Ehlers and Associates, inc. Leaders in Public Finance Page 1 City of Columbia Heights, MN FINAL - ~ 1,000,000.00 G.O. Street Rehabilitation Bonds, Series ?007 Debt Service Schedule Date Principal Coupon Interest Total P+i Fiscal Total 09/I4n_oo~ - - - - 08101/2p08 - - 31,,372 92 36,372.92 - OJ01/2009 l,j,000,011 4-000"~, 20,984.38 85,984.38 122,357.30 OR/01/2009 - - 19,b8438 19,6843Y - 02/O 1 /201 n RS I)OU Op A 000°~~~ 19,684.38 - 104,684 ~'{ I '4 368 76 --_.. _ (18/O1i2010 - - 179tid ,8 17984 ~R 0?/O1/201 I 90,000.00 4.0011"'., 17,984.38 107,984 38 1,25 968 76 08/OIi2011 - - 16.184.38 16,184.38 - 02/OIi2012 95,OOq.00 40110°-;, I6.IR4-38 111,144-38 127,368-76 08/01/2012 - - I42h438 14,284 38 - 02/01/2013 IOU,If000(1 -1.250°„ 14.244.38 114,2134.38 I?R,>68.7t_, t)8/01!2013 - - 12,159.38 12, 15938 - U2/01/2014 105,000.00 4.250°~~~ 13,15938 117,1593fi 129318.76 OSIOU20I4 - - 'L938-13 9,928 I3 - 02!01 /201 5 I n5,000.00 4.250" ~~, ~ 9 y28.13 1 14,928 13 124,856.26 - - - Ohi01 21115 ' ~,"n 45 7,69n Sti - t12lUl/2016 110.000.00 4.250°~~~ Zb9[~.88 117.696.88 125,393 76 OS/Ol,'2016 - - > 359.38 5,359.38 - 02/UI/2017 120J)Otl-00 4.375°-~~ 53593h 1'_5,359 38 13U,718J6 08/OIi2017 - - 2.7±4.38 2.734.38 - 02/01/2018 I_5,nu0.0U 4.375"~~~ 2.734.38 ('_7,734-38 1311,468.76 Total S1,000,UU0.00 - $264,38R.G4 5;1,269,388.6=t - Yield Statistics Bond 1'car Dollars 86,326.67 Avcra~e Lifc 6.327 Years 4vcragc Coupon 4.2579869°4, Net interest host jZviC 1 4.2944164°4i True interest Cost (TIC) 4.29012319~~ Bond Yield for Arbitrage Pwposcs 4.1659793°~0 All Inclusive Cast IAIC1 4.7000385°/, IRS Form 8038 Nct Interest Cost 4 1687828° ~' WciglSted Average Maturity 6.329 Years Ser 07 $SM GO Street Reha ~ SINGLE PURPOSE ~ 8127I20C7 ( 11:55 AM Ehlers and Associates, Inc. Leaders in Public Finance Page 2 B®ND INDEX Bond Buyer Index (20 Bond, 20 Years) Revenue Bond Index (25 Bond, 30 Years) >.,i .. .: I. ',_-+.J ~ 'f - -.-~., ~; '* r'' -.. - .~, !.s ~+e_~.~~3:_~:- ~~: ~c •~~ - ~:p- t,'"-- _ ,s^,.;t,.rx_ 4. ~t^,.. ~,i"~ . .:. b ~J~ tY- ~ ` T ° ~ ~ - (. ~ -,rr - ,, ..'s ' . 4 ~ . 1 ' S {l 4 F _ ~3 C t I 4 V1 '~ t ~ ~ 4 ! ~ ' ' ~' , , , ~ $ ~ ` ~ ° 5.40 % k ~ ' ' ` , ~ ` ". " January 2006 through August 2007 ' : A f .~' H 'v ` f' ~ . ` ~' ~ ~ ~ a ~ t ~~'I Y. f- . ~ 4~.f .t~., `N ~ b fi ~~i, •;~ .~w , a~. : :~: ~~ " 1 1 - w ~.i. _ ~ h i ~~ , a 1 P ' ' I , , ~ . , ~ ' i I ~4'. ~ ~ r., r - - ~ z` ~ ,~ ~ ' ~ ' ~ a @ _ 5 20% ;. ~ w u l, , , RBI ~ , . .. ,. ~~ ° t ` ' ~ ~ . ,~, _ .a ,3 , y- }, !,~ -,~, ,.,,~~ ..;~:. ,~y,;<., ,4,rn' .:r4 ~:, , >~f,. .,,~;';: ~.:, ~' As of August 27, 2007 "` _ ~ .y , .. , ., , ' is , ~~ a° "+ ; , ~ ~ Revenue Bond Index .. .......... 4.89°'° . ,, .: ~ ,, ~ _~~ ~? }.. 4. on y r n ex /° ~ ~ ~ ~ ~ ~~ ~'- r; t ~ ~~. ~ ~~'g .~ ~ ~~ ,~ ,zxi ~_~* s 4 # ~ , " , 5.00°l° u~~ ... ` ~ r . ` ~' ~; .}~-,,'~'q4,~ - S i {.. ; t°= k~; • 5~, ir' ~ ~ S ~Y.',i. ~ 'M,}x ta~';'~'t z ..~' .e~.;~~ ,i ~~ k~ '` 4 ' = ~ . ~: - ` ~ . ~ 1 I_ . ~M~ ..9- ::F+; rig ., v - - "~ ~ . q'. .:I ~ T <' ~. 1^ " n I '~ , '( ~.' t i , !' t, r i p. ~i s. I' Y ¢' !' i,t 1 i .` ~s 8: , 4. Y . : : - ° I I i 1 L 4 80° o ~ ,L f , , .l .~~ , !. ,.r -- . i ~ .,, . k :a 1 ' ~ I ~ '6 f ~ ' ~+t 'F~. 1 m Y ~ :a ~ " 1 { ~. 3'" ! . e't, ~ rv ~ 4 80% ~;: { ,{ BBI ~,~ ~ ~ _ . I ~ ' =.r . - ~ ' ~ i 4 I , , . , ! ~ ' ~ ~ , ' i 4 t ;~ 5 , ~ j 3, ~ I i ~ ~' , , t, ' r ,{ 4 40 / ~ < ` - . o _ ;~ }. , 1 , y I ° ~ !, h f : .4 ' ~ 'e h I ~ ~ - . , I , a } >I ~ t 2 ~ - . i I ~ i I a .. ~~ , .; " i 4 20 / . ° II , t( ~ t " •. ' ~ ' Y ~ 00% _, ., ~" i ,'. « i , ~'. t 4t A tr ~~: r, ,iY e ~ ~ i t'S ., rt ,~, t , a, ~ r. ~' t , • j 14; - - - ~'.~' ~ i 3 1 3 1 3 5 2 4 2 4 1 3 1 3 1 3 5 2 4 2 4 1 3 1 3 1 3 5 2 4 2 4 2 4 2 4 i 3 3 5 2 4 F M J J A N D J J .I M1VZD ge~cb~~cnark Yields 1-30 YR C Municipal Yield Curves ag of 08/24/2007 7 General Obligations ~ n,y~~~ PRE-RE INSI3Rk:D "~° 1. 2008 3.60 3.62 3.65 3.64 ~ ?.009 3.62 3.68 3.69 3.68 ~~ 3.7I 3 2010 3.64 3.72 • 4 2011 3,67 3.75 3.78 3.75 5 2012 3.73 3.81 3.84 3.82 6 2013 3.81 3.90 3.92 3.90 7 2014 3.88 3.98 3.99 3.97 8 2015 3-96 4.06 4.08 4.06 9 2016 4.04 4.17 4.15 10 2017 4.22 4.26 4.23 11 2018 4.22 4.36 4.33 12 20X3 4.30 4.45 4.41 13 2020 4.37 4.52 4.48 14 202X 4.42 4.58 4.54 15 202a 4.47 4.64 4.59 16 2023 4.50 4'67 4'62 17 2024 4.53 4.70 4'65 18 2025 4.56 4.74 4.68 19 2026 4-59 4.77 4.71 20 2027 4.62 4.80 4.74 21 2028 4.65 4.83 4.77 22 2029 4.69 4.87 4.81 23 2030 4.71 4.89 4.83 24 2031 4.73 4.92. 4.85 25 2032 4.74 4.92 4.86 26 2033 4.75 4-93 4.87 27 2034 4.76 4.94 4.88 28 2035 4.77 4.95 4.89 29 2036 4.78 4.96 4.90 30 2037 4.78 4.96 4.90 nA~ 3.70 3.79 3.a3 3.87 3.94 4.03 4.12 4.21 4.30 4.39 4.50 4.59 4.67 4.72 4.7$ 4.82 4.85 4.89 4.93 4,96 4.99 5.03 5.05 5.07 5.08 5.09 5.10 5.1x 5.11 5.11 ugjiAu 3.86 3.93 3.So 4.02 4.08 4.16 4.25 4.34 4,43 $_53 4.64 4.74 4.82 4.87 4.93 4.97 5.04 5.04 5.08 5.7.1 5.14 5.18 5.20 5.22 5.23 5.24 5.25 5.26 5.26 5.26 Data-Lane page 3 ~ u~p,~ Coupon Range l "LOW" "H~GH'• 5.00 5.04 5.00 5.40 c nn 5.oa 5.00 5.00 5.00 5.00 5.00 5.00 s.oo 5.a0 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.oa 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 G'ogyFight 2007 Thomson Financial, 800-3678215 ALA. RIGFiTB 12EB~vEE I)istributian without p=ior written pe~issiou i.s strictly prnt~i~ite3 and punishable by law ~3/2?I2007 8:54 AM 1