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HomeMy WebLinkAboutSeptember 10, 2007 RegularCITY OF COLUMBIA HEIGHTS 590 40'" Avenue NE, Columbia Heights, MN 55421-38'78 (763)706-3600 TBD (763} 706-3692 D'isit our website at: rr~rr•r4~.ei.enlu/trbia-bei~~frtr.errn.uc Mavor Garv L. Peterson Councilmembers Robert .4. ff'illianrs Bruce Nawrocki Tarrrmera Dielrm Bruce Kelzerrberg City Manaeer 11'alter R. Fehst The follo..'ing is the agenda for the reg'~lar meeting of the Ci ;' Council to be held a± 7;00 PM on Monday, September 10, 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 ORDERIROLL CALL/INVOCATION Invocation by Bob Lyndes, Crest View Communities 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS A. Introduction of new employ Dana O'Brien, Clerk-Typist II, Police Department Stacey Hendren, Clerk-Typist II, Library ~ Dr ..1~ ..+.~,-, ,a<,,,1., ~ Ca,.+n„ l,m,- 1 ~ 7'3 7M'7 .,~ !`., rt;+„+;<,,, Tx7<,QL p~ U. 1 1VV1Q111Ut1Vll LL6~1i1R1111~ 1.J lJ~/L1J111V1,J1 1 / LJ, LVV / C/J ~V11Jt1ltt t1 V11 YY lJtJl\ Sandra Connor and Joannie Moses, Daughters of the Revolution -will read the Preamble C. Rose Marie Day Heights Theater appearance pa 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Annrove meeting minutes for the Columbia Heights City Council meeting of Au#;ust 27, 2007. p9 MOTION: Approve meeting minutes for the Columbia Heights City Council meeting of August 27, 2007. B. Accept Board and Commission meeting minutes. 1. MOTION: Move to accept the minutes of the August 8, 2007 Library Board meeting. p31 2. MOTION: Move to accept the minutes of the September 5, 2007 Planning & Zoning p33 Cotnmission meeting. City Council Agenda Monday, September 10, 2007 Page 2 of 6 3. MOTION: Move to accept the minutes of the July 24, 2007 EDA meeting. ps6 C. Approve the transfer of funds from the General Fund to the Police Department Bud eg t to reimburse the Overtime Fund MOTION: Move to transfer $2,137.60 received from Unique Thrift Stores and $3,867.75 :'eceived from the Cnl,,.?rnhia Tle.ghts C,~rnmer ACadr~,rny ~ a total of $6,(1(15,35 fi-nm the C;r nPral Fund to the Police Department 2007 Budget under Line #1020, Police Overtime. D. Approve Resolution No. 2007-157 being a resolution authorizing Execution of Agreement with the Office of Justice Pro rg am. p~9 MOTION: Move to waive the reading of Resolution No. 2007-157, there being ample copies available to the public. MOTION: Adopt Resolution No. 2007-157, being a resolution authorizing Execution of Agreement with the Office of Justice Program. E. Establish date for Public Special Assessment Lew Hearing for Two Proiects: Zone 7 Seal Coat Program and Zone 2 and 3 of the Street Rehabilitation Program p87 MOTION: Move to establish Monday. October 15, 2007 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #0701 Seal Coat Project, to be held in the City Council Chamber. MOTION: Move to establish Monday, October 15, 2007 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0702, Zone 2 and 3 Street Rehabilitation, to be held in the City Council Chamber. F. Adopt Resolution 2007-156, to Participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities pes Move to waive the reading of Resolution 2007-156, there being an ample amount of copies available to the public. Move to Adopt Resolution 2007-156, a Resolution of the City of Columbia Heights to Participate in the Anoka County H~usin~ and Redevelopment Authority Economic Development Activities. G. Approve Budget Work Session Meeting Dates p128 MOTION: Move to set budget work session meeting dates to review the 2008 budget as stated in the Council letter. H. Approve the items listed for rental housing license applications for September 10, 2007. Pla 9 MOTION: Move to approve the items listed for rental housing license applications for September 10, 2007. Approve Business License Applications pl3l MOTION: Move to approve the items on the business license agenda for September 10, 2007 as presented. J. Approve payment of the bills s 3 ~ P MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122737 through Check Number 122872 in the amount of $1,108,028.45. City Council Agenda Monday, September 10, 2007 Page 3 of 6 MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution No. 2007-158, being a Resolution adopting. a proposed budget, setting the p141 Ganarat T ihrary and FTIA prn~nngarl lpw and Pctahlich a bt,d¢et hearing date for property taxes payable in 2008 for December 3 2007 approving a tax rate increase and approving the HRA Levy of $196,241. MOTION: Move to waive the reading of Resolution 2007-158 there being ample copies available for the public. Alternative #1 (Includes $70,000 contingency and an additional Police Officer at $59,695) MOTION: Move to adopt Resolution No. 2007-158, being a Resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $$6,916,895, establishing a budget hearing date for property taxes payable in 2008 for December 3, 2007, at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA Levy of $196,241. Alternati`v'e #2 (Includes $70,QQQ Cojittngency. Does not include an additional Pnlire OffcP,-) MOTION: Move to adopt Resolution No. 2007-158, being a Resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,857,200 establish a budget hearing date for property taxes payable in 2008 for December 3, 2007, at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA Levy of $196,241. Alternative #3 (Does NOT include a contingency or an additional Police Officer) MOTION: Move to adopt Resolution No. 2007-158, being a Resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,787,200 establish a budget hearing date for property taxes payable in 2008 for December 3, 2007, at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA Levy of $196,241. B. Bid Considerations C. Other Business Public Safety Facility update 7. PUBLIC HEARINGS A. 1st Reading• Ordinance 1530 Zoning_Amendment to the Zoning Code as it Relates to Interim Uses. peso MOTION: Move to waive the reading of Ordinance No. 1530, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1530, for Monday, September 24, 2007, at approximately 7:00 p.m. in the City Council Chambers. B. 1st Reading• Ordinance 1531 Zoning Amendment to the Zoning Code as it Relates to p164 Monument SI~,I1S. MOTION: Move to waive the reading of Ordinance No. 1531, being ample copies available to the public. City Council Agenda Monday, September 10, 2007 Page 4 of 6 MOTION: Move to set the second reading of Ordinance No. 1531, for Monday, September 24, 2007, at approximately 7:00 p.m. in the City Council Chambers. C. Adopt Resolution No. 2007-159 beins a resolution for rental housing license revocation at 3714 Van Buren Street N.E. 7, y pis4 1V1OTIO1`V: 1Ylave to Blase the public Iil.aiing arld La wa1V'e the reading al Rejoiut'la n i~:.^J.2v,07= 159, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-159, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Kress regarding rental property at 3714 Van Buren Street N.E. D. Adopt Resolution No. 2007-160 being a resolution for rental housing license revocation at 4124 5th Street N.E. p187 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 160, there being ample copies available to the public. T.~OTION: Move to adapt Resolution Na. 2007.160, Resol~~tion of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Nehmzow regarding rental property at 4124 5th Street N.E. E. Adopt Resolution No. 2007-161 beinP a resolution for rental housing license revocation at 3810- 3812 3rd Street N.E. pl9o MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007- 161, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-161, 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 Bob Landucci regarding rental property at 3810- 2 4 i ~ Z,-a ctroo~ gar ~ /U1L J1lL U1.146.~t 1V.L. F. Adopt Resolution No. 2007-162 being a Resolution for abatement of violations at 1215 37th Avenue N.E. pi93 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 162, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-162, a resolution of the City Council of the City of Columbia Heights declaring the property at 1215 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G. Adopt Resolution No. 2007-163 being a Resolution for abatement of violations at 4517 Jefferson Street N.F._ p196 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 163, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4517 Jefferson Street N.E. a nuisance and approving the abatement of violations fi~am the property pursuant to City Cade section 8.206. City Council Agenda Monday, September 10, 2007 Page 5 of 6 H. Adopt Resolution No. 2007-164 being a Resolution for abatement of violations at 1104 45th Avem~e N.F_ p19g MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 164, there being ample copies available to the public. t r~. _ _i. .~_. ~.r nnnn ~i~ _ _,___1__~: ___ _Ca__ n:.__!^+....._,,:1 ..t al. ,. !'~;F.. iVIO11V1V: 1V10Ve LV adVpL 1CCSUlUt1Vr11VU. LVV /-LU`t, ~l 1CJUlUL1V11 Vl 111G l,1Ly I~VUlll.ll Vi L11G L-lly of Columbia Heights declaring the property at 1104 45th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I. Adopt Resolution No 2007-165 being a Resolution for abatement of violations at 1308-1310 paoa Circle Terrace Blvd. N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 165, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-165, a resolution of the City Council of the City of Columbia Heights declaring the property at 1308-1310 Circle Terrace Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Adopt Resolution No 2007-166 being a Resolution for abatement of violations at 1133 45th Avenue N.E. paos MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 166, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-166, a resolution of the City Council of the City of Columbia Heights declaring the property at 1133 45th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K. Adopt Resolution No 2007-167 being a Resolution for abatement of violations at 4915 5th Street N.E. p208 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 1 ~^r +1.,,...> 1,,,:,-.n ,-,tn ~ ;t~hla +n +t,a ,1,d; tvi, utva ~, vtJui~ aniYa~. t.vpieS a`v'aiiuviar w ui~. puvu~. MOTION: Move to adopt Resolution No. 2007-167, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L. Adopt Resolution No. 2007-168 being a Resolution for abatement of violations at 3733 Reservoir Blvd. N.E. pail. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 168, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-168, a resolution of the City Council of the City of Columbia Heights declaring the property at 3733 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 8. ADIVIINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney City Council Agenda Monday, September 10, 2007 Page 6 of 6 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone wha would like to speak shall state his/her name and address for the record. 10. C O UiiCii, CvRP'vTER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm PROCLAI]~iL~.TIO CONSTITUTION WEEK Septem~ner ~. i-2~, L~~? Whereas, our Founding Fathers, in order to secure the blessings of liberty for themselves and their prosperity, did ordain and establish a Constitution for the United States: and, Whereas, it is important that all citizens fully understand the provisions and principles contained in t'~ie Constitution in order to effectively support, preserve and defend against all enemies; and, Whereas, September 17, 2007, marks the two hundred twentieth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, Whereas, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary; and, Whereas, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, September 17, through 23, 2007, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; Novi therefar, he nt resolved t1'.at 1, mar; L. Peterson, l~~ayor of±he City of Columbia Heights, MN 55421, do hereby proclaim the week of September 17 through 23, 2007 as CONSTITUTION WEEK ayor CB L. Peterson PROCLA-M~TIOl~T ROSE MA~~ nA~ September 16, 2007 Whereas, Rose Marie Mazzetta has entertained the world with her singing, acting, and comedy since the age of three in vaudeville, films, television, Broadway, Las Vegas, and radio: and, Whereas, Rose Marie is best remembered for her role as Sally Rogers on The Dick Van Dyke Show and her 14 years as a guest on the Hollywood Squares game show; and, Whereas, Rose Marie will make a special appearance at the Heights Theater 2007 Viva Vitaphone event on September 16, 2007; and, Whereas, it is a pleasure to accord recognition of Rose Marie at this event; i~3ow LhereIOre, be It res~rlved that I, vary L. ~etersori, Mayor of the City of Columbia Heights, Minnesota, do hereby proclaim Sunday, September 16, 2007 as ROSE I~ZARIE WEEK Mayor ~ z. ~et~r~®n 8 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 27, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 27, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. Rev. Dan Thompson, Columbia Heights Assembly of God Church gave the Invocation. PLEDGE OF ALLEGIANCE -Recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed item 7B 5057 University and 7F 4516 5`" Street, as these properties have been brought into compliance. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS Peterson indicated that Representative Keith Ellison may attend this meeting to address the community. Eric Hagen, Sun Focus newspaper, is present for his last meeting, as he has taken a position with the Anoka County Union. Peterson thanked him for the job he did for our community and wished him well in his new position. CONSENT AGENDA Nawrocki requested to remove items G, H,I, J, and L. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve meeting minutes for the Columbia Hei htg s City Council meetin og_ f August 13, 2007. Motion to approve meeting minutes for the regular City Council meeting of August 13, 2007 as presented. B. Accept Board and Commission meeting minutes. Motion to accept the minutes of the June 5, 2007 Library Board meeting. Motion to accept the minutes of the July 25 2007 Park & Recreation Commission meeting. C. Adopt Resolution No 2007-147 being a Resolution to accept certain gifts received bye City of Columbia Heights. Fehst refei•~•ed to the gifts/donations received, noting the gift fiom the Edith Wargo estate for public safety services, Lloyd Schmidt estate for the Library, grants, $30,000 from the Columbia Heights Athletic Boosters for Recreation, fireworks donations including VFW Post 230 and several smaller donations. He stated appreciation to these individuals and groups. Nawrocki referred to requests for Wargo Park within the Wargo Estate. Fehst stated that those would be brought to the Council at a later time. Motion to waive the reading of Resolution 2007-147, there being ample copies available to the public. City Counci] Minutes Monday, August 27, 2007 Page 2 of 22 Motion to adopt Resalution 2007-147, being a resolution to accept certain gifts received by the City of Columbia Heights. RESOLUTION NO. 2007-147 ACCEPT C ERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, th e City Of Columbia Heights has received the foll owing gifts; FOR'bt DATE DONOR A1bI0UNT PURPOSE CASH 4/11/07 SOWADA,PATRICIA $ 25 MIIRZYN HALL CASH 5/15/07 TOASTMASTERS 150 MURZ~N HALL. CASH 5/08/07 FIRST COMMUNITY CREDIT UNION 150 FIREWORKS CASH 5/08/07 T}lE KORDIAK COMPANY 25 FIREWORKS CASH 5/iM07 COLUMBIA HEIGHTS POST 23 1,000 FIREWORKS CASH 5/18/07 NORTHEAST BANK 100 FIREWORKS CASH 7/23107 T C B PFcEC ISIGld MACHRJING 300 FIREt~:'ORKS CAS}I 1 /''x/07 NORTHEAST BANK 200 SENIOR PROGRAM CASH 3/ 16/07 COLUMBIA HEIGHTS WOMEN OF TODAY 100 RECREATON CASH 4/17/07 COLUMBIA HEIGFL}S LIONS CLUB 200 RECREATION CASH 4/24/07 COLUMBIA HEIGHTS ATHLETICS BOOS"CERS 30,000 RECREATION CASH 7/03/07 COLUMBIA }IEIGHTS ATHLETICS BOOSTERS 2,500 RECREATION CASH 7/C3/07 BLAIidEJAYCEES,INC. 500 P.ECREATION NONCASH 7/18/07 COLUMBIA HEIGHTS ACTIVITY FUND 8,670 SG°, o OF 2003 FORD VAN NONCASH 4/05/07-6/20/07 GANDER MCIUNTAIN 244 TAC'KI.,E, ETC FOR FISHING CLINICS NONCASH 4!05/07-6/20/07 CAPRA'S SPORTING GOO[ 89 TACKLE, ETC FOR FISHING CLINICS NONCASH 4/05/07-6/20/07 W.AI,MART 100 TACKLE, ETC FOR FISHING CLINICS NONCAS}I 4/05/07-6/20/07 FRANKIES L[VE BAIT AND TAC7Q.E NOT AVAIL TACKLE, ETC FOR FISFIING CLINICS NONCASH 4/05/07-6/20/07 NORT}IL4ND TACKLE NOT AVAIL TACKI:E, EI'C FOR FISHING CLINICS NONCASH 4/05/07-6/20/07 VOODOO BAITS NC)•I' AVAIL TACKLE, ETC FOR F[SH[NG CLINICS NONCAS}I 4/05/07-6/20/07 BERKLEY PURE FISITING NOT AVAIL TACKLE, EFC FOR FIS}IING CLINICS NONCASH 4+'05/07-6/20/07 RAPAL.A LURES NOT AVAIL TACKLE, ETC FOR FISHING CLINICS NONCASH 4/05/07-6120/07 GRIZ HALL OF FAME FISI IERMAN NOT AVAIL TACKLE, ETC FOR FISHING CLINICS NONCASH 8,9/07 TASTY PIZZA NCYF AVAIL D[NNER ITEMS FOR 200 (THEATER) NONCASH 8/9/07 BOBBY & STEVES AIII'OWORLD NOT AV.4LL DINNER ITEMS FOR 200 (THL-ATER) NONCAS}I 8/9/07 LEI`IUCE CATER NOT AVAIL DINNER ITEMS FOR 200 (THEATER) NONCASH 8/9/07 CULVERS NOT AVAIL DINNER ITEMS FOR 200 (THEATER) NONC`ASH 8/9107 WALMART NOT AVAIL DINNER TTEMS FOR 200 (THEATER} NONCASH 8/9/07 CUB FOODS NOT AVAIL DINNER ITEMS FOR 200 (THEATER) NONCASH 8/9/07 G & K LINENS NOT AVAIL DINNER HEMS FOR 200 (Tl IEAFER) SUBTOTAL FuiND 881 CONTRIBUTED PRO.IECTS -RECREATION 44,353 CAS}l ?/Ib/07 GORMAN, L.OLA 150 FIRE CASH 4/13/07 RESIDENFIAI. MORTGAGE GROUP 50 F[RE CASH 6/15/07 COLUMBIA HEIGHTS POST 23 1,000 F[RE CASH 6(28/07 HEDERMAN,JUDY 500 FIRE PLEDGE I/I?!07 ESTATE OF EDITH P WARGO UP TO 25,000 FIRE PLEDGE 1/1108 ESTATE OF EDITH P WARGO UP TO 25,000 RESCUE PLEI~E I/1?/09 ESTATE OF EDHH P WARGO UP TO 25,000 POLICE CASH 6/27/07 HEDERMAN,DANNY&.IUDY 500 POLTCE CASFI 1129/07 ESTATE OF LOYD SC}TMI17F 16,667 LIBRARY CASH 6/25/07 ESTATE OF LOYD SCITMIDT' 7,169 LIBRARY CASH 1/0?/07 .IOHNSON, BARBARA 25 LIBRARY CASH 3/i?/07 ANONYMOUS 10 LIBRARY CASH 3i1?/07 ARTHLIRLIBRARYOtfFRFACHGRANT 1,000 LIBRARY C'AS}1 7/0?/07 THE FL_ANARY GROUP,INC. 100 LIBRARY SUBTOTAL FUND 883 CONIT2I131 iT'EI) PRCkIECTS - O"FI9ER 1Q2,171 TOTAL $ 146 X24 10 City Council Minutes Monday, August 27, 2007 Page 3 of 22 BE 1T HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed terns listed. D. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund Motion 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 Bud>;et to reimburse Overtime Fund Motion 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., $212 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 Budget Overtime Line # 1020 Motion 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 Plans} and authorization to proceed with construction plans for Sullivan Lake Park and Silver Lake Beach. Removed H. Approve the Professional Services Agreement with Brauer & Associates for preparation of plans and specifications for Sullivan Lake Park. Removed I. Adapt Resolution No 2007-155 being a Resolution authorizing the execution and delivery of a Lease-Purchase Agreement and Related Documents. Removed J. Authorize agreements for Liquor Store Project Change Orders. Removed K. Approval of the Submission of Sign Des~n for Top Valu Liquor to the Planning & Zoning Commission Motion 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. Removed M. Approve the items listed for rental housing license applications for August 27, 2007 Motion to approve the items listed far rental housing license applications far August 27, 2007. N. Approve payment of the bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covez-ing Check Number 122587 thraugh Check Number 122736 in the amount of $1,628,254.58. Mahon by Diehm second by Williams, to approve the Consent Agenda items with the exception of items G, H, 1, J, and L. 11 City Council Minutes Monday, August 27, 2007 Page 4 of 22 Nawrocki questioned where funds would come from. for check #122713 for $13,000 + to the State Department of Revenue for past use tax, which was not budgeted. Bill Elrite, Finance Director, stated that we were audited by the State Department of Revenue, which indicated that out of state purchases not charged sales tax are required to be paid to our state. The errors were mostly in the first of the three>years this has bele)n ipn~pllace. Thlyy~ere were several changes during that time to the regUlle111e11tJ. Y~/e VV~111 have adegllatV 14.lndJ tll the 2~V7 budget, by depar~tllellt, LV cVver th1J. Nawrocki questioned check #12294 to Kennedy and Graven for TIF extension work. We alaeady paid about $6,500 on this. WiII there be more bills for that? Fehst stated this bill covers through May when the legislative session ended. Upon vote: All ayes. Motion carried. G. Acceptance of Master Plan(s) and authorization to proceed with construction plans for Sullivan Lake Park and Silver Lake Beach. Motion by Diehm., second by Kelzenberg, 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. Fehst stated that Park and Recreation Commission members were present in the audience. Peterson stated that Commission did have a work session on this topic. Nawrocki indicated his feelings that the Master Plan goes overboard by removing parking and replacing it on S l S` Street, replacing the shelter rather than adding a new roof and trim, and that he did not see bad concrete. New playground equipment would be desirable. Diehm stated that she was very impressed with the plan, the process followed, and the community participation in the process. This is a necessary expenditure. Some items discussed today are bonding. She read from an economic report, which indicated current levels compared to those of the past, and the importance of reinvesting in your community and being good stewards of the money. Nawe•ferki etatPCl the avPraaP Cnliimhia NPinhts hmicPhnl~ inrnm~ is amnns~ thQ lnw~et in the -._.._-_--- ------ ---- --~ ---o- --------_------a---- ------------ --------- -- -•----o ---- -- -- -- ---- metro area. It has been increasing each year as has the market value. Diehm stated that we are increasing in numbers but decreasing in position. relative to others. Nawrocki recognized that the average income is Less and will have to be taxed. He stated he was not opposed to improving some things in the park. However, from the taxpayer's viewpoint, we can do moderate improvements. Nawrocki stated there currently is an opening in the fence, at the Fire Department's request, for access besides S ls`. There is no provision in this plan for their drive access. Fehst stated that we would be sure there was access. Fehst indicated that the independent firm that did the evaluation would not do the work. Diehm indicated that by investing in our future we are encouraging residents to join our community and by improving our tax base we are better able to pay for improvements. Kevin Hansen, Public Works Director, stated that this recormnendation went through the public process to develop a concept plan and then a master plan. It would include the replacement of the picnic shelter, playground equipment, improve parking, realign the trail and open up the view to the lake. Hansen indicated the cost would be $250,000 for Sullivan Park and $225,040 far Silver Lake Park. Additional funding is anticipated. Brauer and Associates have been paid $3,500 to this point. 12 City Council Minutes Monday, August 27, 2007 Page 5 of 22 Peterson indicated that the park may not be utilized to its fullest extent now and would be if it were not substandard. He stated that originally he thought it would be enough to redo the roof until we heard from the experts the extent of rotting wood. We have good citizens with various incomes, and people are feed up with a community that can not afford things. If we don't invest in our own community, no one else will. The last time we put money into rile parks was in 1968. It is imperative that we improve our community. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. H. Approve the Professional Services Agreement with Brauer & Associates for preparation of plans and ~ecifications for Sullivan Lake Park. Motion by Williams, second by Kelzenberg, to approve the Professional Services Agreement with Brauer and Associates for Architectural consultant sei-vices for the design and consti-action phase of Park Improvements for Sullivan Lake Park in an amount not-to-exceed $20,000. Fehst slated ibis is rile low, i°espoiisibie pi°oposai aiid is iiot rile iiiiii that did the park assessments. Nawrocki questioned the advertisement process. Hansen indicated that responses were requested from. two firms. Nawrocki stated that without solicitation, pencils do not get sharp. Nawrocki requested a copy of the proposed contract. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. I. Adopt Resolution No. 2007-155, beins a Resolution authorizing the execution and delivery of a Lease-Purchase Agreement and Related Documents Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-155, there Y t : .1 1 a A 11 1R eT_ a_' _ _ ~ being ample copies availanie to ine puonc;. Upon vole: r-zii ayes. ~v~u~.~uii Gal[°~°ieu. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-155, being a resolution authorizing the execution and delivery of aLease-Purchase Agreement and related documents. Fehst stated that prior to this meeting the EDA acted on selling bonds to borrow $5 million dollars to finance two liquor stores. Mark Ruff and Andrew Pratt from Kennedy and Graven were present to answer questions. Nawrocki. stated he would not support the lease purchase bond, as interest fees are higher over the term and it does not allow citizens to seek a petition to request a referendum. Peterson stated that was Councilmember Nawrocki's opinion. Nawrocki questioned why else this funding type would be used. Peterson stated that was not his opinion and felt this was an accusation. Fehst stated that the Council is interested in maintaining flexibility on financing for other projects being considered, such as an activity center, safety center, and a possible library down the road. This allows you to borrow funds outside the two percent assessed market value that we can borrow against far the future. It would cost an additional $30,000 to $50,000 over the 20 year period. Fehst stated that Couneihl~iember Nawrocki is opposed to the 13 City Council Minutes Monday, August 27, 2007 Page 6 of 22 use of interest when borrowing money. Nawrocki disagreed. Fehst wanted it on record that Couneilmember Nawrocki would oppose borrowing using interest, as it will come up tomorrow. Nawrocki stated that you pay less interest with GO bonds than. with lease purchase bonds. We are going this route to avoid residents being able to vote on this. wtlttatit~ Stated uC uau pcoptc Sdy tl3ey were gratefLii tuu< <uu Giry is ii6r ua~ilui~ this ai'iu ri a~ i~ is the EDA doing so. Nawrocki indicated his hope that the new stores are a great thing for profitability, but some community members question this move, especially the Central Avenue store. He indicated his support of the store on 37th because of the lease questions. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nav. Motion carried. RESOLUTION N0.2007-155 RESOLUTION ALJTHORIZ[NG THE EXECUTION AND DELIVERY OF ALEASE-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 detined) from the Authority. 1.03. Pursuant to a Mortgage and Security Agreement and Trust Indenture, dated as of September I, 2007, between the Authority and U.S. Bank National Association, as Trustee (the "Indenture"), the Authority will issue its $5,040,000 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 City at the end of any fiscal year to determine not to appropriate moneys for future Lease Payments. Upon payment of all Lease Payrnertts, the Ground Lease and the Lease will terminate, and the Sites and Facilities will be the property of the City. 1.05. Fomts of the Lease and Ground Lease have been prepared and submitted to this Council and are on file with the City Ivtanager. 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. (b) The terms of the Ground Lease and the Lease are found tc> 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 arc 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 fornts 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, tilr:d and recorded as provided therein. The Mayor, the City Manager and other City officers are also authorized and directed to execute such other instmments as may be required to give effort tc> the transactions herein conternpiated. Section 4. Payment of Lease Pa ny cents. Thz City will pay to the Authority, as assigned to dle Trustee under the Indenture, promptly when due, alt of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payntr:nts, the City will include in its annual budget, for each Fiscal Year during the term of the Lease, cammenoing 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 t<1ke all other actions necessary to 14 City Council Minutes Monday,. August 27, 2007 Page 7 of 22 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 5. Miscellaneous. 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 terms used herein and defined in the Initial Lease or the Lease have the meanings given in the Initial Lease or the Lease. Authorize agreements for Liquor Store Project Change Orders Motion by Williams, second by Kelzenberg, 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 $53,345.02, and to authorize :waiving b~.zilding permit fees for the construction of the two liquor stores. Nawrocki asked that the motion be divided. He opposes the fee for the architect, as they submitted architectural drawings for a mezzanine and a partial basement, and should have known we needed a full basement because of the elevation. We were taken by the contractor on soil testing to pay an additional $40,000 for soil removal. He stated he could vote for the contractor's change order, but not the architect's. The maker and second agreed to split the motion. Motion by Williams, second by Kelzenberg, 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. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Kelzenberg second by Williams, to enter into an agreement with Copeland Building Corporation for change orders totaling $53,346.02, and to authorize waiving building permit fees far the construction of the two liquor stores. Upon vote: All ayes. Mohan carried. L. Approve Elected Official Out of State Travel Motion by Diehm, second by Williams, to approve attendance of Mayor Peterson, Councilmember Williams, and Councilrnember Kelzenberg at the 2007 National League of 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. Nawrocki indicated the motion should read National League of Cities. He stated that the cost estimates are not detailed enough. Food allowance was discussed, along with the need to supply receipts for such. Diehm stated that she is not attending, but the motion is to allow Peterson, Williams, and Kelzenberg to attend the NLC conference. She stated that Nawrocki is an advocate of attending these conferences for the information received and connections you can make. 15 City Counci] Minutes Monday, August 27, 2007 Page 8 of 22 Diehm stated that it is wonderful that these Council members want to do this. Nawrocki stated that he did not have a problem with the three attending. He questioned where the money would come from and read the current account balances. Fehst stated that funds would come from somewhere in the Mayor/Council budget. Fehst pointed out that the Mayor hac atteprled to twa ~nnfP1Pnr.ec KPI7Pt1}1Pi'SJ ~aC attPTlrlPrl (Jrl]P. aTt (~ W1111 a;Y1C 11aC Tl (lt VP.Y ~ ---------~--a - ~ - attended a conference, whereas Nawrocki has attended about 50 such conferences. Diehm called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. Peterson referred to a member filing reimbursement forms for meals and mileage, which he has never done. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2ndR_eading: Adopt Ordinance No. 1.529, being an Ordinance for the Rezoning of Property at the 4800 Block of Central Avenue. Motion Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1529, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, 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". Jeff Sargent, City Planner, indicated this would rezone Savers, Buffalo Wild Wings, Welle Auto Supply, Subway, and the Big Marina Grill and Deli back to the General Business Zone it was in 2003. It was rezoned to house a possible hotel and as such a proposal is not coming ,.+k ;+ ; a,,rl®fl +n ..7-~n..~YQ ;+ l.a..l~ +s. 1~.Q .. ;~.+<.V++ «~;+1-, 1.+1~0<- (.nmmmrri.ll l+lec;nAao<.c 1 Vllll, iL 1S 1lJ4V11.1111L.~t1U4U lV 1J11Lt11~,V ll VC1Li11 LV VV VV11J1J L~+11L VV lttl VLlll.l l.VllllllVl V1U1 VlAJ111V JJ VJ in the area. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business 1. Adopt Resolution No. 2007-151, beingLa Resolution awarding the sale of $1,000,000 in General Obligation Improvement Bonds, Series 2007A. Motion Diehm, second by Williams, to waive the reading of Resolution 2007-151, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. Motion Diehm, second by Williams, to adopt Resolution 2007-151 being a resolution awarding the sale of $1,000,000 in General Obligation Improvement Bonds, Series 2007A. Upon vote: All ayes. Motion carried. I~esolutzon availably at the end of this doca~n~efzt. 2. Distribution. of the 2008 City Manager's Proposed Budget and Tax Lever t~ City Council Minutes Monday, August 27, 2007 Page 9 of 22 Fehst stated this is the distribution of the proposed budget as required by the City Charter. Nawrocki stated that the presentation of the budget requires some explanation. Fehst indicated that the Council has not seen the budget and it will be discussed at length over the next three months. ivlotion by Diehm, second by iteizenberg, to accept the distribution of the City ivianager's proposed 2008 budget and tax levy as a more detailed presentation is forthcoming. Nawrocki stated this would bring the tax levy to 6.4 percent. Diehm stated that we are not accepting the proposal at this time, only the distribution. Nawrocki stated concerns for residents to pay this, as we have had double digit increases in past years and reductions in state aid. He indicated that he directed the City Manager to change the city newsletter article to remove "modest" increase. Nawrocki stated the need to get this information out to the public with sufficient tune to d0 SO. Diehm stated that we have more public budget meetings than any other city she has ever encountered. She called for the question. Upon vote: All ayes. Motion carried. Nawrocki questioned when the Truth in Taxation hearing would be held. Fehst stated it would be set in September. 3. Public Safety Facility update Gary Gorman, Fire Chief, stated that on August 15, the Police Chief, Police Captain, Assistant Fire Chief and himself met with Beutow and Associates to reviewed the survey. The Police Department has set up five different focus groups to meet with the architects and the Fire Department has set up three focus groups to meet with the architects in September. There will also be a group of five from each department that will meet to discuss shared space in a new facility. Nawrocki questioned when funding would be discussed and resident concerns on how the would be paid for. Fehst stated that Council has a number of items they are considering and they will have to prioritize the needs. The Activity Advisory committee will meet this week and we will speak to them about the public safety center. This could be a very expensive site, but other sites could be considered. We will soon have information from the YMCA to see if they are interested to work with us on an activity center. Council will then be able to meet and consider the projects and how to optimize the money available, while still considering the needs of the future. Nawrocki requested copy of the activity center committee meeting agenda. PUBLIC HEARINGS A. Adopt Resolution No 2007-148 being a resolution far rental housing license revacation at 1231-1233 40th Avenue N.F Fire Chief Gary Gorman stated the property leas been sold and is vacant. The new owner has not submitted a rental license request. 17 City Council Minutes Monday, August 27, 2007 Page 10 of 22 Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-148, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-148, 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. Upon vote: All ayes. Motion carried. RESOLUTION 2007-148 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by 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 5A, Artiole 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 I. That on June 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this properly. 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-wit: 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 1. The rental license belonging to the License Holder described herein and identified by license number F7811 is hereby revoked; 2. The City will post fnr the pumose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. B. Adopt Resolution No 2007-149 being a Resolution far abatement of violations at 5057 University Avenue N.E. -Removed C. Adopt Resolution No 2007-150 being a Resolution for abatement of violations at 4236 Palk Street N.E. Go>man stated this property has changed from single family to rental and back again. The property is now vacant. This is for a driveway violation. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-150, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. 18 City Council Minutes Monday, August 27, 2007 Page 11 of 22 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-150, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Palk 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 2007-150 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 Al-Moor Ayil (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. T1iat vii August 8, 2006 ail iiispcctioii was conducted oil tiic pi'upci~ty' listed abu'vc. iiispeciors iiiiind 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. 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: 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?06(A) and 8?06(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. Z Th..t ntt ..,,..I:,,.,F,l.s ,-:,.ht~ .,,,.a „ :..,J,. „F.,,t„m.,l ., «~l ne:,,,, trn trh„ ~..,.., ~,- „F r.~..,,~.7 .,,.t ,.r t~„~nt ~c tha ..~~,,. mo., h„ . uu. uu uyyu..uv,.. ,guw uu.a ye„v.,u v, uyy..w uu ,..,uw,g w ..,., v .. ..... ........... . ....Ui..., , , ...,.... , ., ..,., ...,~. „ .,~ ., , have expired, or such rights have been exercised and completed. nRI?ER OF COUNCIL 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. D. Adopt Resolution No. 2007-152 beinP a Resolution for abatement of violations at 660-662 47- 1/2 Avenue N.E. Gorman stated this was rental property that went into foreclosure. There is a broken window and scrub growth around the property. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-152, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-152, a resolution of the City Council of the City of Columbia Heights declaring the property at 660-662 47 '/z Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant 19 City Council Minutes Monday, August 27, 2007 Page 12 of 22 to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-152 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 lt, of City Code, of the property owned by Christopher Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 660-662 47 '/ 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 August 7, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT L That on July 5, 2007 an inspection cvas conducted on the propert;~ listed abo~~e. Inspectors fo~!nd 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 upor, said recerds of the Fire Department, the following conditions and viola±ions of City Cr,dec(cl were found to exist, to wit: Shall repair broken window in front on 660side and shall remove all areas of scrub 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?06(B). CONCLUSIONS OF COUNCIL 1. 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 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 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. E. Adopt Resolution No. 2007-153 being a Resolution for abatement of violations at 4544-4546 Fillmore Street N.E. Gorman stated this is a rental property from which the rental license has been revoked. Item Fs nos peen completea, atYd there 1s now grat>_lu to deal wiui. ~l~tS abatement 1s riow ,or ite~i~s A and C. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by William, to close the public hearing and to waive the reading of Resolution No. 2007-153 removing item B, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, 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. Upon vote: All ayes. Motion carried. RESOLUTION 2007-153 Resolution of the City Coemcil for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant W Chapter 8, Article tl, of City Code, of the property owned by Kyle Smith (Hereinafter "Owner of Record"). 20 City Council Minutes Monday, August 27, 2007 Page 13 of 22 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 properly 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 foilo.ving conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any trash-garbage-debris trom the property and shall remove 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 1. That the proper~y~ located at 4544-4546 Fillmore Street N.E..s in violatior, of the provisions of t!.e Co!an.bia 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 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. F. Adopt Resolution No. 2007-154 being a Resolution for abatement of violations at 4516 5th Street N.E. Removed. lYIiscella>c>!e~>us Nawrocki stated that 4644 Washington Street was brought to Council in March, but still needs r~laaai ear, (:nrman inrliratasl ha zz~na~lrl rest him a rarenrt nn this nrnriarty ,...,~.~ wt,....,......~........,..~.,....,, ...,~.,. b......... ~ ..,t,... ~ ,... ~...,, r..,t,,,..~ . AUIVI~IVIS`I`l~i'T hVE+ KE+ T't`~ffTS Report of the City Manager • Item for the September 5`h wark session are the review of the 2008 tax levy and the new property maintenance code. • This is a busy time in the police department, and we will be glad to see the kids back in school. Nawrocki Tomorrow night the EDA will. discuss changes in the Kmart development agreement. He referred to a newspaper article indicating Nedegaard's misrepresentation on the sale of properties. He stated concern on changing the names of whom we are dealing with, ownership status, legal problems, and who the authority will be. Felist stated the a2ew f,~waaea- ~voa.ald eover~ dais. This is the same LCL with a new manager. Fehst stated this would be discussed tornoa~row azight. Refereed to a letter from the Tilkens at 3975 Johnson Street regarding assessable work on Ulysses Street. AUhat is the fallow up to this? Felast iaadieated that stcff lass spoken to thean, 21 City Council Minutes Monday, August 27, 2007 Page 14 of 22 bait they are not satisfied with the response, which was more liberal than any other projects to date. Anything else we would be setting a precedent. Hansen will be instructed to talk to them again. • Dana Wigman of the Library posted a request for comments on the Hometown Helper web site where they are seeking a community project grant. Fehst requested to receive this information. • City newsletter -requested correction on the liquor store profits and minimal tax amount. • When will the Truth and Taxation meeting be. The date should be in the newsletter. Fehst stated that Council sets that date, bz~~t it is generally the~r•st Monday in December. The levy is set at the fzrst or second meeting in September. • 1040 49`x' Avenue regarding the berm -the outflow is higher than the yard and the beam is starting to fill up. This needs to be addressed. Fehst referred to the large amount of rain received recently. • barrage clarrr~s fro«~ sewage back up of two tc tru ee ;years ago at 49`", 50`h and Madrson did not get reimbursed by insurance. They deserve to be looked at again. • Waiting for a written. opinion from the City Attorney regarding City Council and Charter Commission members not being able to write a letter to the editor indicating their view on a subject if it is contrary to the consensus of the Council or Charter Commission. Jim Hoeft, City Attorney asked for this in writing, to which he would give a written response. Report of the City Attorney -none CITIZENS FORUM Jan Koope, 4020 - 4022 Central Avenue, stated that the City contractor changed the level of her stoop and popped the seal on her windows, to which she has received no satisfaction. The concrete was replaced, but is not correct. She requested to be there when the work was done, but was not notified. A phone call would have saved this trouble. There is now water coming into the basement, and they have made changes that are not acceptable. Ms. Koope indicated she would get a contractor to redo it and replace popped seal windows, and would expect the city to pay for it. Fehst ctatecl that he has received a quote of $300 to redo the work auain. with IVIs. Koope present, if the Council wishes to do so. We are not aware of window problems and will not cover them. Koope stated that she would not accept anyone associated with the city doing the work. tvawrocki stated he viewed this and it is a lousy job, which the contractor should be liable for. Fehst referred to past contacts on the problem. Peterson suggested the Manager have a contractor redo the work or contribute $300 to $600 to the contractor of her choice. Peterson stated that Thompson and Sons did the original work, but our present contractor is Kassa. Fehst stated that her quote of $1,600 is out of line. Koope stated her pride in this building and her desire is that a quality job be done. Fehst suggested that our present contractor redo the work with her present, as we want her to be satisfied. Koope indicated that she would want to meet with them and see some of their work first. Peterson asked if this would be satisfactory. Koope stated she would make up her mind after meeting them. Nawrocki suggested a city employee also be on hand. If she wants to get her own contractor, we would pay $500 and she would pay the rest. Peterson asked that everyone be sure that they understand one another for reasonable satisfaction. Koope stated dissatisfaction with the building of new liquor stores and the current housing projects in the city. COUNCIL CO ER 22 City Council Minutes Monday, August 27, 2007 Page 15 of 22 Peterson indicated that keeping comments to five minutes would be enforced. Kelzenberg • Congratulated the Post Office employees for winning the softball game against the Police and Fire Department employees and winning the joint game against the Girl's All Stars. Fullds rRljed will go tV SACA. Williams • We are fortunate not to have had the excessive rain received in southern Minnesota and indicated sorrow for those in the bridge collapse. • School starts next week -for safety, be aware of children and buses. • Referred to the large amount of mortgage foreclosures sweeping the country. We should have classes on budgeting. • Dave a great fall and nice Labor Day. Remember our officers will be tagging drunk drivers. Diehm • Received an email regarding changes for disposal of TV's. Asked for this information to be placed on cable TV and our web site. • Congratulated the recreation staff on their great summer programs in the parks and the Library on the great activities they had. • Also asked everyone to have a safe Labor Day -keep an eye out for kids. Nawrocki • Asked that a follow up letter be sent regarding electronics disposal. Felist stated that residezzts tzow have to pay for electronic disposals. Resident indicated he called BFI, but then had to call another place. Peterso~z asked if r-esidertts could take other people's items to Pa~zblic Wor1~s_ foz- disposal. Hoeft indicated a new policy is being drawn zip. • 43 - 44`" Central Avenue fence has had problems. The shopping center people say it is not their fence. Peter son stated that the owner has ordered a new fence. Fehst stated that they have ordered the replacement parts and will repaint it. The building inspector has looked at it fnp^ c~~feh~ a1?c1 fnr~ tl7P Ii~rhilh~ nfthP sj~onpir~g rPfttPr. • National Night Out was pretty good. People are interested in what is happening in the city. • Complimented the Finance Director on his weekly liquor store construction update report. • The Focus published the story on the changes to the Manager's compensation. They did not include the increase to deferred compensation. Peterson indicated that Council Corner was complete. Peterson: Don't take yourself too seriously, and honor our service men and women. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:58 p.m. Patricia Muscovitz CMC City Clerk 23 City Council Minutes Monday, August 27, 2007 Page 16 of 22 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2007-151 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 Ciry 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. I.04 The Ordinance was published at least once in the Ciry"s oifieiai newspaper. The City Clerk did not receive a petitiun 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 Bonds. 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: Year Interest Rate 2009 4.00% 2010 4.00% 2011 4.00% 2012 4.00% 2013 4.25% 2014 4.25% 2015 4.25 ;% 201.6 4.25% ?(111 d 275° 2018 4.375% True Interest cost: 4.2901 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 $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: z4 City Council Minutes Monday, August 27, 2007 Page 17 of 22 Year Amount 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 or in part and if in part, at the option of the Crty and in such manner as the City will detern~ine. 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 detem~ine 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 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} Re~r~st?r. 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 acc~mpanieci by a written instrument ot" 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 mare 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 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. (el Imnroper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satistied 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 fir the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. lf} 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 [lability upon the Bond to the extent of the sum or sums to be paid. 25 City Council Minutes Monday, August 27, 2007 Page 18 of 22 (g) Taxes, Fees and Charees. 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 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, upuii the paynicnt of the rcasoiiablc expenses and charges of tiie Registrar in connecCion therewitft~ 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 lost, 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 terms it will not be necessary to issue a new Bond prior to payment. (i) Redem tp jon. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) 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 registratinr. 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 Reis±rar. The Cit;~ hereby appoints U.S. Bank Na±tonai Associa±ior., 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 wilt be authorized to act as successor Registrar. The City agrees to pay the rea- sonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar 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 signature appears on the Bonds will cease to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, 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 authenticated and delivered under this Resolution_ When the Brands have hzen sn nre»ared; executes] and authenticated, the C ty Manager will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretof""ore 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 Section 3.07 with such changes as may be necessary to retied 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 Maturity Date Original Issue CUS1P 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 itsetf 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, payable February I and 26 City Council Minutes Monday, August 27, 2007 Page I9 of 22 August 1 in each year, commencing February I, 2009, to the person in whose name this Band is registered at the close of business on the ISth 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 Band 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 and taxing powers of the City have been and are hereby irrevocably pledged. The City ~;,ay elect on February 1, 2015, a ;d ~ any day thereafter to prepay Bonds due on or after February 1, 2015. Redempt:or. 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 Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 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 Cary at the prineipat of±;oo of rhP Bon~j R~:gistrar, by tho registor~d 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 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 aC 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 transferor 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. 1T 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 wilt 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. 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 27 City Council Minutes Monday, August 27, 2007 Page 20 of 22 For value received, the undersigned hereby sells, assigns and transfers unto within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint said Bond on the books kept for registration of the within Bond, with full power of substitution in the premise. Dated: attorney to transfer the Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in eery pan:ieula ,without zlterati;,n or any change white..,.. 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. provided. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is Name and Address: (Include information For all joint owners if the Bond is held by joint account) Please insert social security or ether 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. Date of Registration Registered Owner Cede & Co. FederallD #13-2555119 the Signature of Officer of the Registrar 3.08. Legal Op'nion. 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; Pa n~nt. 4.01. Debt Service Fund. The Bonds will be payable fmm 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 1f a payment of principal or interest on the Bonds bee:omes due when there is nut 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 detemlined 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 during the ensuing year, and the County Auditor will thereupon reduce the levy collectible, during such year by the amount so certified. 4.64. Registration of Resolution. The City Manager is authorized and directed to file a certified espy 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. CitX 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 2$ City Council Minutes Monday, August 27, 2007 Page 21 of 22 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 comiection with the issuance and sale of the Bonds and that to the bast of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of tiic facts and rcpi cScrttBtiGnS iiadc' tlicrcln a5 it reiateS tG 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 CGUnsel) to the Registrar on the closing date for further distribution as directed by the City"s financial adviser, Ehlers & Associates, Inc. Section b. Tax Covenants. 6.01. Tax Exemption. The City will comply with requirements necessary under the ]nternal 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 Gther 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 ] 50 of the Code. Fj,Q3, PrnrNrl~iral RegLir~~m~nt~. The City will use its best effnrtc to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry Svstem; 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 Gf 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 Bend 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 nersnn_ other than a registered owner of Bonds._ of anv amowat with. respect to principal of, premium, if anv, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bend is registered in the registration books kept by the Bond Registrar as the holder and absolute owner Gf 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, and 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 Gf 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 evidenoing 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 & CG., 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 Ciry has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to 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. Trlnsfers Outside; Book-Entry Svstem. In the event the City, by resolution of the City Council, deterniincs 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 Gf 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 theretG under applicable law. In such event, if no successor securities depository is appointed, the City will 29 City Council Minutes Monday, August 27, 2007 Page 22 of 22 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 paymenC 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 manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing_Disclosure. 8.01. City Compliance with Provisions of Continuine 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 Certificate is not 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 Bands, 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 faith and credit of the City for the prompt and full payment of the principal of and interest on the 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 pa,~ment thereof m full. 11 any Bend should no± be paid ~*.~hen due, i± may reverthelPSS bP disrh`roPd by depositing with tl~e Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The motion for adoption of the foregoing resolution was made by Councihnember Diehm and duly seconded by Member W illiams, and upon vote being taken thereon, the following voted in favor thereof: Aye: Peterson, Williams, Nawrocki, Diehm, Kelzenberg. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted the 27`h day of August 2007. * Yea~• tc~r levy collected. EXHIBIT A PROPOSALS EXHIBIT B TAX LEVY SCHEDULE YEAR * TAX LEVY 2008 X38,191.57 2009 1.28,475.17 ~n10 130.587.20 2071 132,267.20 2012 133.737.20 2013 134,997.20 2014 135,784.70 201 ~ 131,099.07 2016 131,663.45 2017 137,254.70 2018 136,992.20 30 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES August 8, 2007 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 to approve the minutes of the June 5, 2007, Board meeting as mailed. It was moved, seconded, and passed to ratify the approval by phone poll on 6/13/07 of the July 9, 2007 bill list. Bill list dated 7/17/2007, was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. Old Business• 1. The proposed 2008 budget was discussed. It was moved, seconded and passed to support an increase in the part-time personnel budget at the budget hearing with the City Coucil. 2. Staffing update was given. Three new pages are being trained, the second interviews for the Clerk-Typist II position are complete, and Gladys Kim has submitted her resignation. 3. The book sale cart was discussed and will be available soon. 4. Policy reviews: a. Public behavior b. Collection development c. Reconsideration form d. Responsibility far replacement of lost and/or damaged library materials e, Telephone look-up f. Distribution of materials g. Use of bulletin boards It was moved, seconded, and passed that they be approved. New Business• 1. June statistics were discussed. 2. Thank you letter to Joyce Jackson, executor of the Loyd F. Schmidt estate was approved. 3. The following fund transfer requests were moved, seconded, and passed: a. $300 from 2020 (Computer Supplies) to 2010 (Minor office equipment) b. $240 from 2170 (Program Supplies} to 3050 (Expert Professional Services} 31 c. $1000 from 3050 (Expert & Professional Services) to 2025 (Automated Circulation System Supplies) 4. The proposed 2008 Holiday schedule was tabled to the September meeting. 5. ACAC committee findings were discussed. 6. 'The proposed new Public Safety building and the effect on the city budget were discussed. There being no further business, the meeting was adjourned at 8:12 p.m. Respectfully submitted, Catherine Vesley Secretary, Library Board of Trustees. The City of Coh~mbia Heights does not discriminate on the basis of disability irz the admission ar 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 sen~ices, programs, and activities. 2 32 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING SEPTEMBER 5, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. lf'i V1TLL111ss1Vn 1Vlembers pt eJellt- ThVmpJOll, 1~1.orenl~1111V, AC.)Vl'llll~tl, Peterson, alld 1`J (+Ur ek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to uppr-ove the miraaites from the meeting of Aargz~st 8, 2007. All uves. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0901. Mister Car Wash 4423 Central Avenue NE Site Plan iNTRiiDilCTiOI`v At this time, Robert Handt is requesting a site plan approval for the remodeling of the existing car wash, located at 4423 Central Avenue. CWP, Inc, d/b/a Mister Car Wash has recently purchased Don's Car Wash and would like to revamp the building to be more consistent with the appearance of other Mister Car Wash businesses that they control and operate. The car wash is also located in the Design Guidelines Highway District. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for economic and commercial vitality found an the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Strengthening the image of the community as a desirable place to live and work. 2. Encouraging the continuation and enhancement of existing businesses within the community. 3. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. The Comprehensive Plan designates this area far "Commercial" uses, and car washes are permitted in the district the property is located in. The proposed site plan upgrades an older building, bringing the required building materials indicated in the Design Guideline District into compliance. The proposal is consistent with the Comprehensive Plan because the use is proper for what the area is guided far, and revitalizing the appearance of the building helps achieve the goals outlined in the Comprehensive Plan. 33 PLANNING & ZONING COMMISSION MINUTES PAGE 2 SEPTEMBER 5, 2007 ZONING ORDINANCE The property is located in the General Business District (GB}, as are the properties to the north and *'~ ~'''~ r p *he east are ,,rA~+ ~rP -,o,~o,~ R-2B n»P and Two Famil~r Res~dent:al. The sou« . . ~ e ro erties ~o ~u ~. ~~~ u~., ~ ~ .,u ".~., , parcel is also located within the Design Guidelines Highway District, and will be subject the regulations for such properties. PARKING. The proposed site plan indicates that there will be no change to the current number of parking stalls on site. Currently, there are seven parking stalls on the property. City Code requires 2 parking spaces per bay for car washes, plus 4 stacking spaces per bay. DESIGN GUIDELINES The proposed remodeling of the former Don's Car Wash, located at 4423 Central Avenue, is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within. the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central A'vcnLic and 4C`'' Avcnae. The City Code states that the Design Guidelines are applicable to any exterior changes, including repainting, with the exception of replacement or repair of existing materials. The exterior of the building will be revamped and new landscaping will be installed. For this reason, the Planning Commission is required to review to proposed site plan. BUILDING MATERIALS. Currently, the building has vinyl siding, which is prohibited by the Design Guidelines. The applicant would like to upgrade the building by removing and replacing the existing fascia and removing the vinyl siding and replacing it with stucco. Stucco is specifically mentioned in the Design Guidelines as an acceptable builduig material in all districts. SIGNAGE. The applicants will incorporate a new wall sign on the building. The sign will meet all the signage requirements per*.aining to square footage, coloration and illumination. The existing pylon sign will also be refaced with the new carwash logo. BUILDING COLOR. The color of the building will be a neutral color consistent with the requirements of the Design Guidelines. The applicants will incorporate a red band around the top of the building that will take up no more than 15% of the facades. The Design Guidelines specify that primary colors may be used as an accent color as long as it takes up no more than 15% of any facade. Sargent referred to the pictures included in the packets for an idea of how the building will look once the remodeling is complete. FINDINGS OF FACT Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings befoz-e approving a site plan: v 1. The site plan conforms to all applicable requirements of this article The proposed site plena raaeets all tlae regaaia°c~ments pea°taiaaiaa~g to setbacl~, paa•kirag, arad paablic uccess far the district in which it is located. The l~esigra Gaazdeliaaes eleanea2ts fir the property have also beeaa anet aaad as°e in coarapliaaace to the Code. 34 PLANNING & ZONING COMMISSION MINUTES PAGE 3 SEPTEMBER. 5, ?007 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. mr .. ~ ,,,... s7 f7 „ /',,, 7 ~ DI L, fU~ r ~~;' ,ti'hat the t n~e pi"C3pf3SCia TS C~12SiSicitt 'v/lc~ lice ~viYEpYcie211SiV~ i gar ~d%aZ.fS2 Bice 1E~ B iv prC3p2 J area is guided for, and revitalizing the appeu~•a~zce of the building helps achieve the goals outlined i~z the Comprehe~zsivc Plan. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed biaildi~ig meets all the minimum setback regi~iirernen~ts a~zd all Desi,~~~ Guideline requirements. For this f-easoii, the property ifa the immediate vicinity should riot be adversely impacted. Staff recornriiends appi°ovai of the site plan request. uestions from members: Mr. Handt was not present, but a representative and the Architect working with them was there to answer any questions the commission had. Fiorendino stated he thought the band of color on the photo looked like more than the 15% allowed under the guidelines. He was told the photo submitted was to indicate the color scheme only, and that the band will not exceed the 15% allowed. Schmitt asked why the pylon sign wasn't being replaced. Sargent explained that since the business use is remaining the same, they are not required to change out the existing signage. Schmitt also asked if the access off tl~e street in back vas to remain open, and was told yes. Peterson questioned the garage door openings in the drawings submitted. The architect passed out a revised drawing that indicated the two existing doors in the front and the two sets of windows on the side would remain. They had decided to keep the windows on the side instead of covering them up with the exterior finish. There was some discussion regarding the signage that would be on the building. The original photo depicted a second pylon sign at the comer of the building. The architect stated there would be signage on the building itself using the logo depicted in the pictures, but that there would not be a second pylon type sign. Szurek asked if it would be the same type of car wash, where customers sit in their cars during the wash process. The architect said that it would be similar, but they will be incorporating a mare energy efficient way to rinse the cars so that less water would be used. The water will. come from above the cars rather- than the side as was done in the past, to c~•eate a waterfall affect. 35 PLANNING & ZONING COMMISSION MINUTES PAGE 4 SEPTEMBER 5, 2007 Fiorendino was concerned about the parapet that was included in the new drawing that was passed out at the meeting. He questioned whether the commission could require accurate drawings for the City CoiinCii. Sargent Stated that tiiiS iteiT'i dv^eS not g6 to rile ter, ily C,oili'iC1i, biit we Couid request tii:.iTi to bring back their information next month because he has not had time to review this new drawing either. He needs to review to see if the new design with the parapet and building signage would meet the Design Guidelines. Members were uncomfortable approving something they shouldn't. Sargent told members they could either approve what was in the packet and staff would ensure the guidelines are met in regards to signage and color schemes, and that the building permit process would cover the changes made to the building-or they could table the matter and make them re-submit their final plan. Szurek was concerned about tabling this as she knows they are already doing remodeling work and they are trying to get the work done as quickly as possible so they can open. Thompson made a motion to table until the next meeting to get their paperwork in order, however, the motion failed due to a lack of a second. Sargent stated that if the signage is put on the building as submitted and not on the concrete parapet piece, it could be approved. Otherwise, it has to be tabled being as it was not on the original plan that was submitted for approval. The architect said they would like the commission to approve what was originally submitted. The 14 ft x 5 ft. stucco parapet was a last minute idea that can be removed. The main purpose of the new drawing was to indicate the location of the doors and windows. Public Hearing Opened: No one was present who wished to speak on this mattei°. Public Hearing Closed: Mortara by ~~i®renrli~~2c~, secor~aded ~y ~'eter°sor2, to lti'aive the reading of Kesoh~rtrorz lYo. lUU/-YGUa, tfzere beira~g ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2007-PZ04, being a resolution approving a site plan, for- remodel of building's exter•iar, sacbject to the following conditions: 1. Only 1 S% of the brrr,'lding facades may be a.rtili~ed for primary accent colors. 2. Unless othertivise permitted by the Design Guidelines, wall signage may not be internally lit. All aver. MOTIONPASSED. Attached is a caps of the Resolartiora. RESOLUTION N0.2007-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPRO~IING A SITE PLAN FOR MISTER CARWASH WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0901 }has been submitted by Bob Handt of Mister Carwash to the Planning and Zoning Commission. requesting a site plan approval from the City of Columbia Heights at the following site: 36 PLANNING & ZONING COMMISSION MINUTES PAGE S SEPTEMBER 5, 2007 ADDRESS: 4423 Central Avenue T T rn!'~ TT T. /'1__ C1 _ !'~. T I1 LEGA,.., Dr,~i,r'2irTlOrv: vu itic at ~,it-y rlau. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a new building facade. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 5, 2007; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Corrunission accepts aid adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one L calerzdar• after the approval date, subject to petition for renewal of the permit. Passed this 5th day of September 2007, Offered by: Fiorendino Seconded by: Schmitt Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read. and agree to the conditions of this resolution as outlined above. Bob Handt Date 37 PLANNING & ZONING COMMISSION MINUTES PAGE 6 SEPTEMBER 5, 2007 CASE NUMBER: 2007-0902 APPLICANT: City of Columbia Heights RE~vTECS T : uata'TiiYag Amerdmeut to the ~ouiug C^Cle a~ it r elates t~ 7ntn~,rim iTge$ BACKGROUND Staff recommends amending the zoning code to allow Interim Uses throughout the various zoning districts in Columbia Heights. "Interim Use" would be defined as: "A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it." Such uses shall include: fireworks sales, residential greenhouses, outdoor agricultural/produce sales and outdoor Christmas tree sales. Currently, the zoning code only addresses seasonal agricultural sales (including Christmas tree sales), which have historically been permitted through the Conditional Use Permit process, and allowed fora 90-day period. The zoning code does not regulate the use or location of firewui"ks sales tents or residential greeiutivrrses. The establishment of the Interim Use ordinance will allow for better regulation and enforcement of seasonal activities that are currently not controlled. Currently, all fireworks sales tents and displays are required to obtain a permit and meet specific criteria set forth by the Fire Department. However, these sales are not regulated by the zoning code, meaning that there are no set standards for where these tents can be located, how much signage these businesses may utilize and how long these events may last. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for economic and conunercial vitality found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. ,• r., The C'it<,~'s Comprehensive Plan indicates severer goals for the economic and commerciar vrtanLy or one city. Some of these goals include: 1. Establishing and maintaining a strong sense of cornrnunity. 2. Strengthening the image of the community as a desirable place to live and work. 3. Encouraging the continuation and enhancement of existing businesses within the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these gaals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. The Interim Use ordinance regulates seasonal outdoor sales events by establishing a consistent process far each type of activity. The Planning Commission's discretion on these uses will help achieve tl~e goals of the Comprehensive Plan by ensuring that the seasonal businesses conform to setback requirements, utilize the cor•r-ect amount of signage, do not disrupt the permanent businesses in the area, and provide safe and friendly environments for residents and visitors. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 7 SEPTEMBER 5, 2007 FINDINGS OF FACT Tiic City CoiiiiCii sliaii niakc uie iviiowliig iviir findings bclvre graritirig approvaivf a regi.iest tv aiiiend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed amendment would help ensnare that the specific goals for economic development as stated in the Comprehensive Plan are met, by regulating seasonal commercial activity. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed anrerrdrnerrt would establish standards for- seasonal commercial activity throughout the city that woaald help ensnare the general health, safety and welfare of the paablic. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed • a . t • t , t .. 1 t t [ 1 ' f't _. ~ _ _ _ ' _ _ _ _ _ ~ s.l _ _ _ 1 _ _ . _ , _ _ . _ _ , .l _ a_ . Zon112g amendmenr aS ouCllneo m ane a~laC;IleCl Ul~ali oraalnance. ~Jal~e~l~l I~CVICWCIi U1C Gllilii~GS llldltG W the Ordinance with the members. Questions by members: Szurek questioned if the same process would still be used in processing these requests. Sargent explained that it will no longer require a Conditional Use Permit, but would now be processed as an Interim Use Permit. The Planning and Zoning Commission would review these requests, but they will. not go before the City Council It was the desire of the City Council to handle these requests in this manner. Schmitt asked. if there have been any problems in the past with any of the uses that will now be administered as an Interim Use. Sargent said there haven't been any problems thus far, but by creating the Inte1-im Use Permit we will be able to control these tent sales operations better. We will be able to ensure not too much parking is taken and that public safety is protected. The Fire Dept. will still be involved and will review the plans for flammable materials, adequate access routes and that escape exits are provided. 39 PLANNING & ZONING COMMISSION MINUTES PAGE 8 SEPTEMBER 5, 2007 Fiorendino questioned whether a residential or multi family area could have a commercial greenhouse on their property and sell to the public. He wondered if we need a definition clarifying the difference of a residential greenhouses versus a commercial greenhouse and where they can be installed. Sargent said language could be put into the code to clarify this. Peterson thought this policy change is a good idea. He wants to see Fireworks Sales Tents controlled somehow as he feels these are more dangerous to the public than plant sales. Public Hearing opened: No one was present to speak on this matter. Pubiic Hearint; Closed. Motion by Schmitt, seco~aded by Peterson, that the Plan~ring Commission recomtyaerzds the City Coz~rzcil approve the text amendments as outlined irr the attached draft or•dinarace. All ayes. MOTIONPASSED. This ordinance will go to the City Council for the first reading on September 10, 2007. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following defi~~itiorrs shall apply unless the context clearly indicates or requires a differ-er~t meaning. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Chapter- 9, Article Z, Section 9.104 (B)(2)(b)(3) of the Colnrnbia Heights City Code, is proposed to include the fc~llawira~ additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) flutlaority and duti~s.for~ administration. (2} ZortirrgAdmiraistr°ator•. 40 (b) Duties. The Zoning Administrator shall have the following responsibilities: PLANNING & ZONING COMMISSION MINUTES PAGE 9 SEPTEMBER 5, 2007 3. Receive, file and forward all applications for appeals, variances, conditional use permits, interim use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Chapter 9, Article I, Section 9.104 (B)(4) of the Colz~~mbia Heights City Code, is proposed to include the following additions arad deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration. (4} Plan~iirag Co~nmissio~~z. (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the final decisions on all applications for an interim use as defined in this article. g-:3. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. ~. Hear and make recommendations to the City C.'ouncil regarding ali applications for minor subdivisions, preliminary plats and final plats. 4.5. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. ~6. Review this article from time to tune and make recommendations to the City Council that changes be initiated. ~7. Hear and make recommendations on any other matter referred to it by the City Council. **NOTE** Existing ~ 9.104 (13}(4}(b}(2} and § 9.104 (~)(4}fib}(3-6} shall be renumbered accordingly. Chapter 9, Article I, Section 9.104 of the Colunr~bia Heights City Code, is propased to ii~aclude the .following additions az~ad deletions: 41 PLANNING & ZONING COMMISSION MINUTES PAGE 10 SEPTEMBER 5, 2007 Si 7 1 ~'i ~L1~ll~Ylil l Rri L l Vl Vr lil YL Ll V l VRCl:LYlL ~!' l (I) biteNim uses. (1) Purpose. The interim use process provides for a temporary use of land for a specific period of time, and may be allowed upon demonstration that such use meets identified standards established in this article. It is intended that the interim use of land does not run with the land, and would need to be approved upon each subsequent use. (2) Right of application. Any person with a legal interest in the property may file an application for an interim use, provided said interim use is identified as an interim use within the zoning district in which the property is located. (3) Application far interim use. An application for an interim use shall be filed with the Zoning Administrator on the approved form and shail be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the complete application for an interim use in accordance with the regulations of this section. After the close of the public hearing, the Planning Commission shall make findings and make the final decision regarding the application. (S) Required findings. The Planning Commission shall make each of the following findings before granting an interim use: (a} The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administratar. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c} The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e} The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide far appropriate on-site circulation. of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (6} Conditions of approval. The Planning Commission may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. 42 PLANNING & ZONING COMMISSION MINUTES PAGE 11 SEPTEMBER 5, 2007 (7) Time duration. An interim use shall be granted for a maximum of ninety (90) days per ~aieiidar year, iinle~S tither wise specified in th;'s article. (8) Discontinuance. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an interim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing § 9.104 (I) and § 9.104 (J-O) shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. irv~ m r r r_t 'r `' '1 be e1Tliltted ~~~ sempof°a~y uses una si~-uciu~~es. Tree iuilowing te~iipoi°aiy uses anu struC~urcS slim p in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (-5-} , > > f b ~ L.t' a.-+. 4~,- rt,v c.nlu .,,- .7inr.ln., .,f n..nl, .tom c+ .,.,........ ...,t.a...J ..~ .,.........,...~.~,. {~-}(5) Other te~nporury zrses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development StarzdaNds. The following uses are subject to specific development standards: (20} Fireworks tents. (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Cammunity Development Department and the Fire Department. (b) The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (c) The firee~~orks tent shall be accessory to a commercial. use. 43 (d) Fireworks tents located within the public right-of--way are prohibited. PLANNING & ZONING COMMISSION MINUTES PAGE I2 SEPTEMBER. 5, 2007 ~ ~ g N y g..,. p,....,.,,..,. 'e Ail audS Shall be diS'ia ed on a dcSi 11Ated im ~i vivu~ Siirlaic ar ea. (f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the characier of the neighborhood. (j) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. (k) Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(20) and § 9.107 (C)(21-24) shall be renumbered accordingly. (25) Greenhouses (residential). (a) A residential greenhouse shall only be allowed for one and two family dwellings. (b} A residential greenhouse shall meet all setbacks requirements of an accessory structure in the zoning district it is located. (c) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (d) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (e) A residential greenhouse shall be allowed during the normal growing season only. (f) hen not in use, a i°esidential greenhouse shall a dismantled. *°`I~iOTE*'° Existing § 9.107 (C)(25) and ~ 9.107 (C)(26-27} shall be renumbered accordingly. 44 PLANNING & ZONING COMMISSION MINUTES PAGE 13 SEPTEMBER 5, 2007 (~~) diEtf~6~l u~i°i~CitdtiiY~lti~Y~S~YECc SCc~G~. (a) The outdoor agricultural/produce sales lot shall be accessory to a commercial use. (b) Outdoor agricultural/produce sales located within the public right-of--way are prohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) iviusic or aiiipiified sounds sliali iiot be audible ji'orji adjacent residerjtiai properties. (f) The outdoor agricultural/produce sales lot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. (i) i~utdoor agricultural/produce sales facilities may be allowed for a maximum of ninety (901 days per calendar year. (29) O'utdoor Christmas tree sales. (a) Outdoor Christmas tree sales lots shall be accessory to a commercial use. (b) Outdoor Christmas tree sales located within the public right-of--way are prohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 14 SEPTEMBER. 5, 2007 (f) Outdoor Christmas tree sales lots shall not reduce the amount of off-street pariing provided v"ne-site below the ieJci required for the prin%ip^ai iisc^^. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding forty-eight (48) square feet. (i) Outdoor Christmas tree sales lots may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(28, 29} and § 9.107 (C)(30-44) shall be renumbered accordingly. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (E) R-1, Single-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) €~reentaouse. {-4}(5} Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-l, Single-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (F) R-~A a~~ad R-2B, Two-Family Residet7~tial District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-2-A and R-2B, Two-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (4)(5) Permitted accessory uses. Except as specifically limited herein, the fallowing accessory uses shall be in the R-2A and R-2B, Two-Family Residential District: 46 (a-h) [SECTIONS TO REMAIN UNCHANGED PLANNING & ZONING COMMISSION MINUTES PAGE 15 SEPTEMBER 5, 2007 (G) R-3, Limited Multiple-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (4}(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-3, Limited Multiple-Family Residential District: (a-h} [SECTIONS TO REMAIN UNCHANGED] (lif tni-°t 1v11ilti~~le-i Cciiti y DeSZdeiitlCci Dlsti"ct. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. f4}(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-4, Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, Ge~aeral Business Disty"ict. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. 47 (4)(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall. be in the GB, General Business District: PLANNING & ZONING COMMISSION MINUTES PAGE 16 SEPTEMBER 5, 2007 (a-f) [SECTIONS TO REMAIN UNCHANGED] (F) CBD, Central Business District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Chrisimas tree sales. (4}(5) Per°rnitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the CBD, Central Business District: (a-e} [SECTIONS TO REMAIN UNCHANGED] {~-}(6) Off-street parking. The CBD, Central Business District, shall be considered an off-street parking district in which off-street parking is not required for nonresidential land uses. Residential land uses, including those in mixed-use buildings, shall meet the parking requirements of ~ 9.106. (Or•d. 1428, passed 5-29-O1; Am. Ord. 1460, passed 10-13-03) Section 2: 77ais ordiraarrce shall be ir? fall force acrd effect fi-om crrad after 30 davs after its passage. First Reading: , 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Ga7y L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 48 PLANNING & ZONING COMMISSION MINUTES PAGE 17 SEPTEMBER 5, 2007 CASE NUMBER: 2007-0903 APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Nightclub Uses Planner Sargent explained that staff is still working on this and ask that it be tabled to the next meeting. Motion by Fiore~adi~zo, seconded by Schmitt to table Case ?007-903 to the next ~•egz~lar meeting. All aves. MOTIONPASSED. CASE NUMBER: 2007-0904 A((P~~PLICA//~~NT: Oer(tel Architects/ City of Columbia Heights L~/<.LIlI~./1\T: 4950 f'ientr al Avell!*1e REQUEST: Zoning Amendment (Monument Signs), Site Plan Approval INTRODUCTION At this time, Oertel Architects is requesting two approvals in conjunction with the construction of a new municipal liquor store, located at 4950 Central Avenue. They are: 1. A text amendment to the zoning code at section 9.106 (P)(12), to increase the height of monument signs in the Design Overlay Highway District from 8 feet to 1.0 feet. 2. A site plan approval for signage for the new liquor store per Code Section 9.113 (D)(4)(d). On May 1, 2007, the applicant requested and received site plan approval for the new liquor store to be consn-ucted at 49J0 Central Avenue. At Ina[ time, Cne appncant u~u nog nave a sig~i ~ia1~ ,ur iuc building. A condition of approval was imposed, stating that the applicant would have to submit for site plan approval for building's signage once the design was complete. At this time, the sign plan for the building and property are completed and the applicant is requesting approval for them. When designing the monument sign. for the building, the applicant claimed that the current height standards for monument signs were limiting in respect to traffic visibility. The applicant claimed that vehicles traveling northbound on Central Avenue are moving uphill and that the liquor store is on the opposite side of the street, creating a limited view far passersby. The southbound traffic has a more limited view, as the SuperAmerica, the bus stop and utility poles partially block the site from motorists. Staff believes that there is merit to the claims of limited visibility. Staff conducted a site inspection and took several pictures of a storage container that was placed in the same general location as the proposed monument sign. The storage container in the attached pictures is 8'6" in height. From the southbound traffic perspective, the storage container's visibility is slightly obscured by the SuperAlnerica, bus stop and utility poles. Staff viewed the stowage container location liom multiple angles in both the northbound and. southbound traffic directions. After reviewing the pictures taken of the site, Staff believes that the visibility gained 49 by increasing the overall height of the sign to 10 feet would aide in gaining visibility of the sign, particularly from the south. PLANNING & ZONING COMMISSION MINUTES PAGE 18 SEPTEMBER 5, 2007 COMPREHENSIVE PLAN The Cornprel_leliicive Plan gi~idec this area fnr C'nm~nPr~ial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent with the Comprehensive Plan, as it involves the redevelopment commercial entities into an economically viable and aesthetically pleasing project. ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north, south and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Seet~on 9.lOti (P)(I2) states that mon'»ment signs 1n the GB Dlstr?rt shall hP limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property lines. The applicant is requesting a text amendment that would allow the overall monument sign height to be increased from eight (8) to ten (10) feet. A taller sign would make the sign easier to read, particularly from the south, and therefore safer to the public. Staff recommends that the text amendment should be limited to only those monument signs located in the Design Overlay Highway District from 42nd to 53rd Avenue, along Central Avenue. The majority of properties zoned GB are located in the Design Guidelines Highway District along Central Avenue. The other areas of the City zoned GB are located in areas with lower traffic counts and lower speed limits as well. Keeping the monument sign height in these areas to eight feet in height would be more aesthetically appealing, as these areas are geared more towards pedestrian-scaled activities. TTL'~T!"~AT !'~i TTTRTT TATiT4'~ ~~~l.~ld ~U1~~LZjr ~~ The proposed liquor store located at 4950 Cenhal Avenue is located within the Design Overlay District, and is governed by the Highway District standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40`'' Avenue. SIGNAGE. The City Code allows monument signs to be placed no closer than five feet from the property lines and be na larger than 40 square feet in area. The proposed monument sign will. be placed on the northeast portion of the property at the corner of Central Avenue and 50`h Street, at a distance of five feet from the property lines. Currently, the sign will be approximately 18 square feet in area. The applicant stated that the liquor store would like to incorporate an electronic reader board sign in the future. The maximum combined square footage of the proposed and future sign is 40 square feet. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used one the principal structure. The proposed plans indicate that the monument sign will be constructed of rock face block and brick to match the building. Signage on the building is limited to 200 square feet for all signs. Tl1e proposed site plan indicates that 50 the building will utilize approximately 50 square feet of signage for the two signs on the building. PLANNING & ZONING COMMISSION MINUTES PAGE 19 SEPTEMBER 5, 2007 FINDINGS OF FACT Zoning Amendment The City Council shall make the following four findings before granting approval of a request to amend the City Code. These findings are as follows: 1. The amendment is consistent with the comprehensive plan. One of the goals of the Comprehensive Plan is to strengthen tlae image of the commarnity as a desirable place to live and wor-k. The applicant feels that the increased height in the sign would allow rnor•e a more aesthetically pleasing sign while promoting the safety of the public because it would be easier for motorists to see. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Staff believes that an iracr°eased monument sign height would be safer for motor-fists, as it would be easier for the public to read when traveling along Central Avenue. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed amendment does not change the zoning classification of a par-ticarlar property. 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 the general area of the property in question, which has taken place since such property was p~ac;ea in its carreaat autiiiig classification. The proposed arnendrnent does not change the zoning classification of a particular property. Site Plan Approval Section 9.104 (M) requires that the Plamiing and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable a-equirements of this article The proposed site playa meets all the regarirements per-tainirag wall sign size, placement and illumination. The proposed playa also meets all the Design Guidelines standards for monument signs ira relation to the color of tlae sign and the types of materials used to construct it. Hau~ever; the proposed text ameradrnerat woarld be required irz order for the cipplicar~at to corastrarct a monument sign at 1 Q, feet in height. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed pr-oject is consistent with the Cornprelaerasive Plan, as it pcn-t of a redevelopm.erat of comrraercial entities irata ara economically viable and aesthetically pleasing project. 51 PLANNING & ZONING COMMISSION MINUTES PAGE 20 SEPTEMBER 5, 2007 The site plan is consistent with any applicable area plan. 77iere is rzo applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the mirrin~rrrm setback r-eyuiremer2ts and all Design Guideline r~egrtiir•emerrts. For this reason, the property in the immediate vicinity should riot be adversely impacted. Staff recommends approval of the text amendment to allow monument signs in the GB District and governed by the Design Overlay Highway District, to be increased to 10 feet in height. The signage plan conforms to ail standards outlined in the Design Guidelines as weii. Staff reconiiiictids approval of the site plan for the liquor store signage at 4950 Central Avenue. Questions from members: Peterson was concerned about the image the city is portraying by constructing a large monument sign in addition to the wall signage, advertising Liquor Sales. Sargent responded that the Liquor Store should have the same rights as other businesses to draw attention to their product. He stated it is a nice looking building and that the monument sign meets the Design Guideline requirements. He went on to say that it is up to the City Council to decide what image they want the store to portray. Sclunitt said there was a discrepancy in the report as to the actual sign height being requested-(Is it 10 ft or 1 1 ft?). Sargent explained the applicant agreed to downsize the height to 10 ft from the original request. She asked what the height of the building was. f-le stated it is ~?Z ft high. Schmitt then spoke to the staff report that stated they may want to add. an electronic reader board sign to the monument sign at a later date. She stated that a lot of work went into establishing the Design Guidelines and that according to page 32, electronic reader board signs are not allowed. She had concerns about changing the requirements now since they were established for a reason. The purpose was to lower signage to eye level. She feels the height of the monument sign at 8 feet would be fine as it will be lit and cannot be compared to the storage containers shown in the photos that blend into the color of the earth around them and are not lit. Walt Fehst, City Manager, addressed the Commission. He stated the City was originally going to ask for a variance, but staff felt it was bette~• not to set a precedence of making an exception to the rule, and that it would be more acceptable to make a text amendment to increase the height of monument signs along this cot-ridor to IO feet. He also questioned those present if it was their intent to prohibit electronic reader boards. He was under the impression it was the ether reader board signs, that use lettering on whiteboard, such as the one Sarna's added to their sign that should be disallowed. He thinks electronic ones are more visually appealing. Fehst also stated another reason far the additional height is to prevent vandalism. of the sign. He also pointed out to the members that the signage on the building itself is only '/ of the allowable amount, so they aa-e staying well under the maximum amount of sq. ft. far thei~• signage. 52 PLANNING & ZONING COMMISSION MINUTES PAGE 21 SEPTEMBER 5, 2007 Sargent agreed that flashing and changing signs are not allowed. Staff will be looking into how other cities regulate electronic signs and how often messages are allowed to change. He has already polled other cities to fmd out what their height restrictions are and he informed the members that the majority of the cities have a 10 foot limit. Only St. Anthony has an S foot height restriction. He explained that the text amendment, if approved, would allow other businesses along Central from 42°d to 53`d to do the same. The only monument sign that has been installed to date since the Design Guidelines were established has been Advanced Auto Parts. He explained that staff felt it was more acceptable to file this request as a text amendment to make an even playing field for all the businesses, rather than to grant a variance which sets precedence for all future requests and possibly subjects the city to scrutiny of its actions.. Fiorendino didn't feel a larger size sign was any safer, nor would it be more aesthetically pleasing. He felt Sarna's went through the right process and proved their hardship. He doesn't feel it is necessary to change the whole district, but he understands the political ramifications. Thompson said he is not against a i 0 foot high sign, but he thinks it looks bad for the city to get an exception to the rules. He felt the rules, as established, should be respected. Fehst stated the only reason they decided on the text amendment was so the city wouldn't be allowed an exception. He thinks the height increase makes sense for the businesses along Central Ave. He understands that not everything is looked at closely when guidelines are first established and that some things need to be tweaked. He does feel that 8 feet is too short due to visibility of the site and traffic speeds at that intersection. Szurek also was not against a 10 foot high sign and that it makes sense in this case, however she was concerned about how it looks to do the city a favor. She said the increased height wouldn't look out of place because the building has a two story front. However, she thought it would look out of place if a one story building made the request. Diane from Oertel Architects spoke to the members regardir_g the design of the sign. She said proportion should be considered when considering this request. She stated the Design Guidelines address the cosmetic look of signage and were established to guide the design, however there must be some flexibility for what best fits the site. Larry Scott, Liquor Store Manager said the sign was designed to be demur and to blend well with the building, and thinks it is more attractive than mast. Szurek had no problem with the design or actual size of the sign. The members were more cancerned with the perception of approving the request. There was more discussion about whether it would be better to consider a variance or the text amendment. Mayor Peterson stated he felt the sign fit the building. He suggested that maybe the height limit was too stringent when the guidelines were passed in the first place. But to deny the request to prove a point may not be the right thing to do either. 53 Planning & Zoning Commission Minutes Page 22 September 5, 2007 It was pointed out that any new building will have to be a minimum of 22 feet in height, so any new t r t n t t_c~ ~ ~ t__ S1gr1S l:an de 10 lootc1I1Cl will look~llSt aS propolllol7a`tC aS tills one, So the text alilellLLlllellt wolf n t UG detrimental. Existing buildings already have signs and they will keep what they have and reface them for visibility and economic reasons. Members then discussed an amendment to the motion to allow 10 foot high monument signs for buildings of 22 feet in height or more, to make sure they are proportionate to the building. Public Hearing Opened: No one was present who wished to speak on this matter. Public Hearing Closed. Motion by Peterson, seconded byFior~erzdino, to waive the reading of Resolution No. 2007-PZOS, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Thompson, to adopt Resolution No. 2007-PZOS, being a resolution approving a site plan for the municipal ligz.cor store signage, located at 4950 Central Avenue. Thonzpsorz, Fiorendino, Peterson, Szzcr°ek -aye and Schmitt- nay. MOTIONPASSED. Motion by Peterson, seconded by Thompson, that the Planning Commission r-ecornmend the City Council approve the text arnerzdrrzerzt to Code Section 9.106 (P)(12) to allow a 10 foot monument sign in the Design Overlay Highw~av District for• buildings of 22 feet in height or more. Thompson, Peterson, S~urek-aye arzd Fiorendino and Schmitt-nay. MOTIONPASSED. NEW BUSINESS Sargent reviewed the draft policy to the Design Guidelines that would allow staff to review and issue permits for signage along Central Avenue and 40`" Avenue. This would make it consistent with how other sign permits are processed in the city. Currently, sign permits along these two Avenues require approval from the P & Z Commission. By allowing staff to review the requests, it would. save time for the applicants and the fee they are charged to go before the Commission. Staff would still make sure that the signage meets Design Guidelines. signage for new building construction, or any major sign plan changes, would be considered a major alteration and would still need site plan approval by the Planning Commission. The text will not change as this is a clarification of policy. The memo will. go into the guidelines for future staff to refer to. This was shown to the members as informational purposes only. ~~ PLANNING & ZONING COMMISSION MINUTES PAGE 23 SEPTEMBER 5, 2007 OTHER BUSINESS Jeff passed out an informational flyer regarding the Comprehensive Plan Update Process. He noted the dates of upcoming meetings and reminded members that the Planning Commission is the authorized body to make decisions on the Comprehensive Plan. He stated that we will be working with DSU/Bonestroo Consultants during this process. The Consultants are currently working on an inventory of the housing stock and preparing an analysis of the history, demographics, and transportation needs. They will present this information at the October 29th kick off meeting. The second meeting scheduled for November 1St is a public meeting so that we can get input from throughout the commumt;~ on ~x7ha± v~s~on they have for our city .The goal is to submit the plan byTune 2008 so that it can be reviewed before the deadline of December 2008. Sargent also stated the intent is to simplify the contents of the Plan to list the goals and how to implement them. It should be a tool that staff and the Commission can make decisions from. The meetiJ~g was adjoarrned at 9:10 p~ryi. All Ayes. Respectfully submitted, Shelley Hanson Secretary 55 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES July 24, 2007 CALL TO ORDER/ROLL CALL President, Gary L. Peterson called the meeting to order at 8:00 p.m. Present: Gary L. Peterson, Patr;clU „India, Bobby'JVllllarns and Bruce ,~tavvrvcki, Tammera Diehm, Marlaine Szurek and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of March 27th and May 14, 2007 meetings and the Financial Report and Payment of Bills for the months of March, April, May and June on Resolution 2007-11. Motion by Williams, second by Nawrocki, to approve the consent agenda. All ayes. Motion Carried. ECA RESOLUTION 2007-11 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR MARCH, APRIL, MAY AND JUNE 2007 AND PAYMENT OF BILLS FOR THE MONTHS OF MARCH, APRIL, MAY and JUNE 2007. WHEREAS, the Columbia Heights Economic Development Authority (EDA} is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement far the months of March, April, May, and June 2007 and the list of bills for the months of March, April, May and June 2007 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW. THEREFORE BE IT RESOLVED by ttta R~arrl of C:nmmiccinnarc of tha l nlnmhia Hoinh+c Frnnnn,fr no..a,,,.,rt,o,.+ o„t,,n~~+,< _., -- ~---.._ _. __.......__._.._._ _. ..._ __._..,_... .....y...,. __.,..,,.~.... .......,.. r.,,..,,.,.~.,,.., .., ihat it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved far payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of fhe permanent records of the Columbia Heights Economic Development Authority. Passed this 24th day of July 2007. BUSINESS STEMS Resolution 2007-12 Approving the Amended and Restated Contract Peterson stated two of the items on the agenda have already gone to the City Council last night for approval. Schumacher stated there are three issues associated with the lndustriai Park tanr`ght.~ 1) approving the amended develaprraent agreement; 2~ TlF revenue band; and 3) TlF revenue Hate. There are 134 units constructed in Phase 1 & 2, we are completed with 56 Economic ©evelopment Authority Meeting Minutes July 24, 2077 Page 2 of 13 the clean up of the Industrial Park with a total of 143, 000 cubic yards of contaminated sail that has been removed, along with all the buildings on the 30 acre site, used $4.5 million of grants from the State, Met Council and Anoka County to help do that and cleaned up a small lot on the north end of the project. Phase 1 will be finished this fall with Lire adu'itioi- of a 5v" unit senior coop. Things are going well with Reaiir`e as they have received 25 commitments. They need 30 before it is a go. We have over $300, 000 in tax base built over there versus the 47, 000 we had originally. The three issues: 1) addresses issuance of the revenue bonds and technical details regarding how Tax Increment is pledged to all obligations; 2) updates description of the various phases of development and revises the construction schedule; and 3) provides for an EDA inten`und tax increment loan to repay for $75, 000 in environmental cost encountered in construction of the parkway. In the last 300 feet of the ,oarkway we ran into contamination, which there was no grant money available for, so we had to take that contamination out and split the cost with Schafer Richardson, with $75, 000 from the City and $75, 000 from Schafer Richardson. We have approximately $156, 000 left over in our grant, so it looks like we will be able to cover our cost with those funds. Steve t~ubul drafted the contract and is here to answer any of your questions. Williams asked how many trucks would it take to remove the 143,000 cubic yards of contaminated dirt removed. Streetar stated it would be 7, 944 trucks or 83 miles of trucks and even though, we hacrled out 143, 000 cubic yards of contaminated dirt, with the new Eminent Domain laws it wouldn't even come close to be considered. Schumacher stated the only hazardous material was from the foundry so we had to ship that to Michigan, which was very expensive. Williams stated we should let Szurek and Jindra know that we will come back and amend this again, as we put this into our original agreement. Fehst asked how we know if these are legitimate costs. Schumacher stated Mark Ruff at Ehie~'s a~~d the ProSuur~,=e iei~ us know what materials are on the site. They weigh each truck and test the soil as it is being moved. Nawrocki stated for the record, he isn't satisfied that the costs are justified, as it amounts to adding $1.5 million more to the TlF money. Motion by Diehm, second by Williams, to Adopt Resolution 2007-12, a Resolution Approving an Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights and Huset Park Development Corporation; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Nawrocki- nay, Jindra- aye, Kelzenberg- aye, Diehm- aye, Peterson- aye, Williams- aye, Szurek- aye. Motion Carried. Williams stated he would encourage Nawrocki to see Mark Ruff, give him his files and have him look at them, so maybe this will satisfy his questions. Peterson stated it has 57 Economic Development Authority Meeting Minutes July 24, X007 Page 3 of 13 been offered before. Nawrocki said "I beg your pardon'; l have asked questions relative on the T1F deal and ! don'f get answers. Fehst stated it has been offered to you to go through the files and the actual bills by Streeter on many occasions. Nawrocki stated Streeter hasn't made that offer. RESOLUTION N0.2007-12 RESOLUTION APPROVING AN AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND HUSET PARK DEVELOPMENT CORPORATION BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers at a pausing and redevelapme~~t auihoriiy, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"}. 1.02. The Authority, the City of Columbia Heights ("City") and Huset Park Development Corporation (the "Redeveloper") entered into a into a Contract for Private Redevelopment dated as of October 25, 2004 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03. The parties have determined a need to modify the Contract in certain respects, and have caused to be prepared an Amended and Restated Contract for Private Redevelopment (the "Amended Contract"}. 1.04. The Board has reviewed the Amended Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval: Further Proceedings. 2.01. The Amended Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authoritythe Amended Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 24"' of July ,2007. Resolution 2007-13, ~uthorizing Issuance of Tax Increment Revenue Bonds i~teVe BLlbul, fruit, herrnedy ~ iJraven staled item number five is the resolution that awards the sale of Tax Increment Revenue Bonds, which are sold to third parties and investors for approximately $3.2 million, although we think once the bonds are priced they would go for $2.8 million, net about $2.5 million that will actually go to Huset Park to be reimbursed for various costs. These are revenue bonds, secured solely by the tax increment that comes from the whole TlF district. These are being marketed based on the expectation on the increment from all the buildings already in the ground or under construction. We have a debt service reserve fund that is also there as a layer of protection. Also the expectation is actually more increment that is needed to pay debt service another extra 25 percent. This would cover if people don't pay their taxes or market values go down. These are all risks the people buying the bonds take, not the E©A ~r city. Nawrocki asked if they had both resolutr`ons last night. Bubul stated what went before the City Council was the approval of the $3.3 million Revenue Bonds. 58 Economic Uevelopmer7t Authority Meeting Minutes July ?4, 2007 Page ~# of 1 Nawrocki stated the next item is actually increasing the maximum from the 8 to the 9 percent and wondered why that wasn't on the agenda last night. Bubul stated it was discussed. The pay as you go was built into the contract at an amount of approximately 8 percent with a provision for a cost increase, which was discussed. Tne formal action of the council was just to appro!~e the revenue bonds, as that is something that is required under your EDA enabling resolution. Streetar stated if we would have known what each cost wauld be it would have been built in that way, but we didn't know what we would get into once we started digging. Fehst asked if everyone remembered this was in the agreement. Everyone said yes. Nawrocki stated he has the original agreement before him and wants someone to tell him where it -s stated in it. Fehst stated again, .he would suggest that .he call Schumacher or Streetar tomorrow. Nawrocki stated it was public business and it should be handled at a public meeting. Fehst said if you read fhe agreement, like you say you do, and maybe didn't understand it, you could ask that question, but it was in the agreement, we are not lying to you. Streetar stated it is important to point out that in the agreement it calls for when there is contamination that we make at least two efforts to apply for grants to pay for those costs, rather than using TIF. We have been very fortunate that Schumacher and ProSource have done some wonderful grant writing and collecting $4.5 million in grants. Motion by Kelzenberg, second by Diehm, to Adopt Resolution 2007-13, a Resolution Authorizing the Issuance of Tax Increment Revenue Bonds (Huset Park Area Redevelopment Project}, Series 2007, and Providing the form, terms, pledge of revenues, and findings, covenants, and directions relating to the issuance of such obligations; and furthermore, to authorize the President and Executive Director to enter info an agreement for the same. Ail ayes. Motion Carried. Nawrocki stated for the record, he hears a fat of references made to things that were allegf?('ti~' Card a:~ ~tatedr ;~G gae~ ,!~-g_s v~lhut ~~ .~i®n t tv i;t%%J. T~%J i.i a iricetiiig 'v`/lierc it iJ a matter of record and so far it isn't a matter of record. Fehst stated for fhe record, the paperwork is in here, we can go through those agreements, you can ask questions, come in to talk to Streetar, talk to 8ubul, it is what we say it is, it is a matter of record. Williams stated you would have to be a gad to know what it would cost ahead of time, it would be impossible. Nawrocki said he recognized that, but you remember when this subject first came up, l said these estimates are probably going to be low and there are going to be increases. I didn't say that l agree to those increases, as they are trying to get mare money, we're paying half again as much far that building as they actually paid for it. 59 Economic Development Authority Meeting Minutes July 24, ?007 Page 5 of 13 RESOt_uTtoN No. 2ao7-13 RESOLUTION AUTHORIZING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS (HUSET PARK AREA REDEVELOPMENT PROJECT), SERIES 2007, AND PROVIDING THE FORM, TERMS, PLEDGE OF REVENUES, AND FINDINGS. COVENANTS. AND DIRECTIONS RELATING TO THE ISSUANCE OF SUCH OBLIGATIONS BE IT RESOLVED by the Board of Commissioners (the "Board") of the Columbia Heights Economic Development Authority, Minnesota (the "Authority"), as follows: SECTION 1. BACKGROUND 1.01. The Columbia Heights Economic Development Authority (the "Authority"} and the City of Columbia Heights, Minnesota (the "City°} previously established the Huset Park Area Tax Increment Financing District {ihe "TIF District") pursuant to authority granted by Minnesota Statutes, Sections 469.174-469.1799, as amended (the "Tax Increment Act"}, within the Downtown CBD Redevelopment Project (the "Redevelopment Project"}, and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide far the redevelopment of the Redevelopment Praject and the TIF District, ihe Authority entered into a Contract for Private Redevelopment, dated as of October 25, 2004, between the Authority; the City and the Redeveloper, as amended by an Amended and Restated Contract for Private Redevelopment thereto dated August 1, 2007 (the "Contract"}. 1.02. Pursuant to Section 469.178 of the Tax Increment Act, the Authority is authorized to issue and sell its bonds for the purpose of financing or refinancing public redevelopment cosis of the Redevelopment Projeci and to pledge tax increment revenues derived from a tax increment financing disirict established within ihe Redevelopment Project to the payment of ihe principal of and interest on such obligations. SECTION 2. ISSUANCE OF BONDS 2.01. In order to finance certain public redevelopment costs of the Redevelopment Project, the Board hereby authorizes the issuance of tax increment revenue bonds to be designated as the "Tax Increment Revenue Bonds (Huset Park Area Redevelopment Project) Series 2007 (the "Bonds"}, in a principal amount not to exceed $3,200,000. The Bonds shall be issued on such date and upon the terms and conditions determined by the Executive Director of the Aulhority (the "Executive Director"), provided that the yield on the Bonds (for arbitrage purposes) shall not exceed 5.75%. The Bonds may be designated such other name or names as determined to be appropriate by the Executive Director. The Bonds shall be issued in one or more series as the Executive Director may determine, and shall be assigned a separate series designation determined by the Executive Director for each series issued by the Authority. The Bonds are authorized to be issued as obligations the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. This authorization to issue the Bonds is effective without any additional action of the Board and shalt be undertaken by the Executive Director on such date or dates and upon the terms and conditions deemed reasonable by the Executive Director. The Board hereby authorizes the sale of the Bonds to Piper, Jaffrey, 8 Co. (the "Underwriter")upon the offer of the Underwriter to purchase the Bonds in accordance with the terms of a Bond Purchase Agreement between the Authority and the Underwriter (the "Bond Purchase Agreement"). 2.02. There have been presented to the Rnarri fnrmc of fhr fnllnmrinn rinnimantr lil a Pavinn Anant GnraomQnt ltho "Paying Agent Agreement"), between the Authority and a paying agent tc be designated by the Authority (the "Paying Agent"); and (ip a Bond Purchase Agreement. The Paying Agent Agreement and the Bond Purchase Agreement are hereby approved in substantially the far~~~s on file Niiii~i ihe Aulituriiy un the dale hereof, subject to such changes not inconsistent with this resolution and applicable lawthat are approved by the Executive Director of the Authority. 2.03. The Sonds shall have the maturities; interest rate provisions, shall be dated, numbered, and issued in such denominations, sha(I be subject fo mandatory and optional redemptions and prepayment prior to maturity, shall be executed, sealed, and authenticated in such manner, shall be in such form, and shall have such other details and provisions as are prescribed in the Paying Agent Agreement. The form of the Bonds included in the Paying Agent Agreement is approved in substantially the form in the Paying Agent Agreement, subject to such changes not inconsistent with this resolution and applicable law, and subject to such changes that are approved by the Executive Director. Without limiting the generality of the foregoing, the Executive director is authorized to approve the original aggregate principal amount of each series of Bonds to be issued under the terms of this resolution (subject to the maximum aggregate principal amount for all series authorized by this resolution), to establish the terms of redemption, the principal amounts subject to redemption, and the dates of redemption of the Bands, and to approve other changes to the other terms of the Bonds which are deemed by the Executive Director to be in the best interests of the Authority. The issuance and delivery of the Bonds shall be conclusive evidence that the Executive Director has approved the terms and provisions of the Bonds in accordance with the authority granted by this resolution. The proceeds derived from the sale of the Bonds, and ihe earnings derived from the investment of such proceeds, shall be held, transferred, expended, and invested in accordance with determinations of the Executive Director. 2.04. The Bonds shall be secured by the terms of the Paying Agent Agreement and shall be payable solely from Available Tax Increment (as defined in the Paying Agent Agreement) that is expressly pledged to the payment of the Bonds pursuant to the terms of the Paying Agent Agreement. 2.05. It is hereby found, determined and declared that the issuance and sale of the Bonds, the execution and delivery by the Authority of the Paying Agent Agreement and the Bond Purchase Agreement (the "Authority Documents"}, and the performance of all 60 Economic Development Authority Meeting Minutes .lulu 2~i, ?007 Page 6 of 13 covenants and agreements of the Authority contained in the Authority Documents, and of all other acts required underthe Constitution and laws of the State of Minnesota to make the Bonds the valid and binding special obligations of the Authority enforceable in accordance with their respective terms, are authorized by applicable Minnesota law, including, without limitation, the Tax Increment Act, and this Resolution. 2.06. Under the provisions of the Tax Increment Act, and as provided in the Paying Agent Agreement and under the terms of the Bonds, the Bonds are not to be payable from or chargeable against any funds other than the revenues pledged to the payment thereof; the Authority shall not be subject to any liability thereon other than from such revenues pledged thereto; no holder of any Bonds shall ever have the right to compel any exercise by the Authority of its faxing powers (other fhan as contemplated by the pledge of tax increment revenues under the terms of the Paying Agent Agreement) to pay the principal of, premium, if any, and interest on the Bonds, or to enforce payment thereof against any property of the Authority other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Authority other than the revenues expressly pledged thereto; the Bonds shall recite that the Bonds are issued without a pledge of the general or moral obligation of the Authority, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the Authority within the meaning of any constitutional or statutory limitation of indebtedness. SECTION 3. DISCLOSURE DOCUMENTS AND CLOSING CERTIFICATES 3.01. The Preliminary Official Statement and the Official Statement with respect to the Bonds is hereby ratified and approved. The distribution of the Preliminary Official Statement and the Official Statement prepared in conjunction with the offerand sale of the Bonds is hereby ratified and approved. In order to provide for continuing disclosure with respect to the Bonds, to the extent deemed necessary, required, or appropriate by the Executive Director, fhe Executive Director may execute a certificate providing for continuing disclosure with respect to the Bonds. 3.02. The Executive Director is authorized to furnish fo the purchasers of the Bonds, on the date of issuance and sale of the Bonds, a certificate that, to the best of the knowledge of such officer, the Official Statement (or other form of disclosure document) does not, as of the date of closing, and did not, as the time of sale of the Bonds, contain any untrue statement of a material fact necessary in order to make the statements made therein, in Tight of the circumstances underwhich they were made, not misleading. Unless litigation shall have been commenced and be pending questioning the Bonds, the proceedings for approval of the Bonds, tax increment revenues generated or collected for payment of the Bonds, revenues pledged for payment of the Bonds, or the organization of the Authority, or incumbency of its officers, the Executive Director shall also execute and deliver a suitable certificate as to absence of material litigation, and the Executive Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds, and the signed approving legal opinion of Kennedy & Graven, Chartered, as to the validity and enforceability of the Bonds and ihetex-exempt status of interest on the Bonds. 3.03. The Executive Director and other agents, officers, and employees of the Authority are hereby authorized and direcfed, individually and collectively, to furnish to the attorneys approving the Bonds, on behalf of the purchasers of the Bonds, certified copies of all proceedings and certifications as to facts as shown by the books and records of the Authority, and the right and authority of the Authority to issue the Bonds, and all such certified copies and certifications shall be deemed representations of fact on the part of the Authority. Such officers, employees, and agents of the Authority are hereby authorized to execute and deliver, on behalf of the Authority, all other certificates, instruments, and other written documents that maybe requested by bond counsel, the Underwriter, the Paying Agent, or ether persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations an the scope of the preceding sentence, such officers and employees are specifically authorized to execute and deliver one or more UCC-1 financing statements, a certificate relating to federal tax matters including matters relating to arbitrage and arbitrage rebate, a receipt for the proceeds derived from the sale of the Bonds, an order to the Paying Agent, a general certificate of the AuiiiuriiY, eilii ati irifuirndtiur5 Reiurii fur Tax-cxenipi Governnreniai vbiigaiions, Farm $ijn irirw Jan!ra:y 2~!D2) SECTION 4. BANK QUAUFlCATION 4.01. The Authority hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and represents that the Authority does not reasonably anticipate that the Authority, the City, or any other subordinate entity of the City will issue in calendar year 2007 more than $10,000,000 of bonds or other tax- exemptobligations (excluding "private activity bonds" other fhan "qualified 501(c)(3) bonds," as such terms are defined in the Code, and excluding certain refunding obligations, that are not included in the $10,000,000 limitation set forth in Section 265(b)(3)(C)(i) of the Code). SECTION 5. MISCELLANEOUS 5.01. All agreements, covenants, and obligations of the Authority contained in this resolution and in the above-referenced documents shall be deemed to be the agreements, covenants, and obligations of the Authority to the full extent authorized or permitted by taw, and all such agreements, covenants, and obligations shall be binding on the Authority and enforceable in accordance with theirterms. No agreement, covenant, or obligation contained in this resolution or in the above-referenced documents shall be deemed to be an agreement, covenant, or obligation of any member of fhe Board, or of any officer, employee, or agent of the Authority in that person's individual capacity. Neither the members of the Board, nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bands. 5.02. Nothing in this resolution or in the above-referenced documents is intended or shall be constructed to confer upon any person (other than as provided in fhe Paying Agent Agreement, the Bands, and the otheragreements, instruments, and documents hereby approved} any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision of this resolution. 5.03. If for any reason the Executive Director, or any other officers, employees, or agents of the Authority authorized to execute certificates, instruments, or ether written documents on behatf of the Authority shat( far any reason cease to be an officer,. 61 Economic Development Aut}~ority Meeting Minutes July 2~t, ?007 Page 7 of 13 employee, or agent of the Authority after the execution by such person of any certificate, instrument, or other written document, such fact shall not affect the validity or enforceability of such certificate, instrument, or other written document. If for any reason the Executive Director, or any other officers, employees, or agents of the Authority authorized to execute certificates, instruments, or other written documents on behalf of the Authority shall be unavailable to execute such certificates, instruments, or other written documents for any reason, such certificates, instruments, or other written documents may be executed by a deputy or assistant to such officer, or by such other officer of the Authority as in the opinion of the Authority Attorney is authorized to sign such document. 5.04. The Authority shall not take any action ar authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity which would cause the Bonds to be deemed to be `private activity bonds," within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"). The Authority shall not take any action or authorize any action to be taken in connection with the application or investment of the proceeds of the Bonds or any related activity, which would cause the Bonds to be deemed to be "arbitrage bonds," within the meaning of Section 148 of the Code. Furthermore, the Authority shall take all such actions as may be required under the Code to ensure that interest on the Bonds is not and does not become includable in gross income for federal income tax purposes. 5.05. The authority to approve, execute, and deliver future amendments to the documents executed and delivered by the Authority in connection with the transactions contemplated hereby is hereby delegated to the Executive Director, subject to the following conditions: (a} such amendments do not require the consent of the holders of the Bonds or, if required, such consent has been obtained; (b) such amendments do not materially adversely affect the interests of the Authority as the issuer of the Bonds; (c) such amendments do not contravene or violate any policy of the Authority; (d} such amendments are acceptable in form and substance to the Authority Attorney, bond counsel or other counsel retained by the Authority to review such amendments; (e} the Authority has received, if necessary, an opinion of bond counsel to the effect that the amendments will not adversely affect the tax-exempt character of interest on the Bonds, if the Bonds are then tax-exempt obligations; and (f) such amendments do not materially prejudice the interests of the owners of the Bonds. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this resolution. The execution of any instrument by the Executive Director shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Executive Director, any instrument authorized by this paragraph to be executed and delivered by the Executive Director may be executed by such other officer of the Authority as in the opinion of the Authority Attorney is authorized to execute and deliver such document. 6.06. Effective Date. This Resolution shall take effect and be in force from and after its approval. Adopted this 24"' day of July, 2007. Resolution 2007-14 Issuance of Tax Increment Revenue Notes Series 2007A Peterson stated as this item was talked about already, he would call for a motion if there weren't any more questions on this item. Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-14, a Resolution Awarding the saps of, and providing the form, terms, covenants and directions for the issuance of its $6,650,000 Taxable Tax Increment Revenue Notes, Series 2007A; and c ae ._ . ve. ee. rt e e r ,• rz• . . . re err rrc~ - -rirvr~~ -u er r~r.re .. - .--_- .- -- es.ee ~e es.tS: eve e.., tv at,ee rv~ ~Ze Inc e rcStOerii atria ~iieCLtiiVe L1treCt:tit it? Ct ttCr tt Iiv cat t agreement for the same. Upon Vote: Nawrocki -nay, Jindra- aye, Szurek- aye, Williams- aye, Peterson- aye, Kelzenberg- aye, Diehm-aye. Motion Carried. RESOLUTION NO.2007-14 RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $6,650,000 TAXABLE TAX INCREMENT REVENUE NOTES, SERIES 2007A BE IT RESOLVED BY the Board of Commissioners ("Board"} of the Columbia Heights Economic Development Authority, Columbia Heights, Minnesota (the "Authority") as follows: Section 1. Authorization• Award of Sale. 1.01. Authorization. The Authority and the City of Columbia Heights have heretofore approved the establishment of the Husef Park Area Tax Increment Financing District (the "TIF District") the Downtown CBD Redevelopment Project (the "Project"), and have adopted a tax increment financing plan far the purpose of financing certain improvements within the Project. In connection with the TfF District, the Authority and City entered into a Contract for Private Redevelopment with Huset Park Development Corporation dated as of October 25, 2004, as amended by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007 (the "Agreement"). 62 Economic Development Authority Meeting Minutes July ~'4, ?007 Page 8 of 13 Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from ail or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its Taxable Tax Increment Revenue Note, Series 2007A in the maximum principal amount of $6,650,000 (the "Note"} for the purpose of financing certain public redevelopment costs of the Project. 1.02. issuance Sale and T erms of the Noie. The Auti-~oriiy iterei7y delegates to cite Executive Director the deierminaiion of the date on which the Note is to be delivered, in accordance with the Agreement. The Note shall be issued to Huset Park Development Corporation ("Owner"). The Note shall be dated as of the date of delivery, shall mature no later than February 15, 2032 and shall bear interest at the rate of 6.0 percent per annum from the date of original issue of the Note. The Note is issued in accordance with Section 3.8 of the Agreement. Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA COi_UMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $6,650,000 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 2007A Rafe 6.0% Date of Original Issue 2007 The Columbia Heights Economic Development Authority ("Authority") forvalue received, certifies that it is indebted and hereby promises to pay io Huset Park Development Corporation or registered assigns (the "Owner"), solely from the sources and in the manner hereinafter provided, the principal sum of $6,650,000 or so much thereof as has been from time to time advanced {the "Principal Amount"), as provided in the Agreement defined hereafter, togetherwith interest on the unpaid balance thereof accrued from the date of original issue hereof at the rate of 6.0 percent per annum (the "Stated Rate"). This Note is given in accordance with that certain Contract for Private Redevelopment between the Issuer, the City of Columbia Heights and Huset Park Development Corporation dated as of October 25, 2004, as amended by the Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007 {the "Agreement"}and the authorizing resolution (the "Resolution"}duly adopted by the Authority on July 24, 2007. Capitalized terms used and not otherwise defined herein have the meaning provided for such terms in the Agreement unless the context clearly requires otherwise. 1. Pavments. Principal and interest ("Payments"}shall be paid on February 15, 2009 and each February 15 and August 15 thereafter to and including February 15, 2032 ("Payment Dates"j in the amounts and payable solely from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. r aY~tICI1W a1C ~./tly GUIC Uy IIItl11 lU ll~c pUUI CJJ V1 IiIC VWIICI V! Jul.l! Vl11Ci tlUU1CJJ tlJ ti1C VWllt'i Iili1V t1t'li(~1~~:?kC i~~~~~r! -?!~ Utly written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date: is leoal tender for the payment of public and private debts. 2. Interest. Interest accruing from the date of original issue through and including February 15, 2009 will be compounded semiannually on February 15 and August 15 of each year and added to principal. Interest shall be computed on the basis of a year of 360 days and twelve 30-day months. 3. Available Tax Increment. Ail payments on this Note are payable on each Payment Date solely from and in the amount of the "Available Tax Increment," means the Tax Increment derived from the Redevelopment Property during the six-month period preceding each Payment Date that is paid to the Authority by Anoka County in the six months preceding the Payment Date, after deducting $16,500 and the fees of the paying agent under the Paying Agent Agreement between the Authority and Bond Trust Services Corporation dated August 1, 2007 (the "Paying Agent Agreement"} entered into in connection with the Authority's Tax Increment Revenue Bonds, Series 2007 (Huset Park Area Redevelopment Project) (the "Series 2007 Bonds"). The pledge of Available Tax Increment hereunder is subordinate to (a) the pledge of Available Tax Increment to the Series 2007 Bonds from and to the extent described in the Paying Agent Agreement; and (b) any other outstanding Refinancing Notes to the extent described in the resolution or indenture under which such obligations are issued. Further, until the Parkway Interfund Loan is paid in full or defeased in accordance with its terms, 50% of the of Available Tax Increment remaining on each Payment Date, after payment or provision for payment then due on the Series 2007 Bonds and any other outstanding Refinancing Notes, is pledged to the Parkway Interfund Loan prior to the pledge of Available Tax Increment hereunder. The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other Phan Available Tax Increment. 4. Default. Upon an Event of Default by the Redeveloper under the Agreement, the Authority may exercise the remedies with respect to this Note described in Section 9.2 of the Agreement, the terms of which are incorporated herein by reference. Ootionaf Prepayment. {a) The principal sum and alt accrued interest payable under this Note is prepayable in whole 63 Economic Development Authority Meeting Minutes July ?~, ?007 Page 9 of U or in part at any time by the Authority without premium or penalty. if the Authority prepays the Note in part, the prepayment will be applied first to accrued interest and then to the outstanding principal amount of the Note. Ten days' prior notice of any such prepayment shall be given by first-call mat! by the Registrar io the registered owner of the Note. No partial prepayment shall affect the amount or timing of any other regular Payment otherwise required to be made under this Note. (b} The Note maybe deemed prepaid in whole or in part in accordance with Section 3.9 of the Agreement. Upon any such prepayment, the Authorty wit{ deliver to the Owiiei a statement of file amount applied to prepayrner5t under Secfian 3.9 and the outstanding principal balance of the Note after application of the deemed prepayment. Any deemed prepayment under this paragraph will be applied under the same procedures described in paragraph (a} above. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $6,650,000 issued to aid in financing certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant io Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to the Resolution, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesata Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the Authority which is payable solely from the revenues pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except from and to the extent of the revenues pledged hereto, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuabie only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the City Chief Financial Officer, by the Owner hereof in person or by such Owner's attorney duty authorized in writing, upon surrender of this Note togetherwith a written instrument of transfer satisfactory fo the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority wish respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred to any person unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS HEREBY CERTIFIED AND RECITED that ail acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the Columbia Heights Economic Development Authority have caused this Note to be executed with the manual signatures of its President and Executive Director, ail as of the Daie of Original Issue specified above. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Executive Director-Walter R. Fehst President-Gary L. Peterson REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Chief Financial Officer, in the name of the person last listed below. Date of Signature of Registration Registered Owner_ City Chief Financial Officer Huset Park Development Corporation Federal Tax I.D. No. Section 3.Terms, Execution and Deiiverv. 3.01. Denomination. Payment. Tho Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuabie only in fully registered farm. Principal of and interest an the Note shall be payable by check or draft issued by the Registrar described herein. 64 Economic Development Authority Meeting Minutes July 2~4, ?007 Page 10 of 13 3.02. Dates: Interest Pavment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Dafe, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Chief Financial Officerto perform the functions of registrar, transfer agent and paying agent (the "Registrar") The effect of registration and the rights and duties of the Authority and the Registrarwith respect thereto shalt be as follows: (a) Peegister. The Pegistrar shall keep at its office a bond register in which the Registrar shall providefor the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably 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 shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note io the extent of the sum or sums so paid. (f} Taxes. Fees and Charnes. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. {g) Mutilated, Lost, Stolen or Destroved Note. Incase any Note shalt become mutilated or be Inst, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Noie or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment ofthe reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to tiic Auihvrii' if the iiiiitiiaicd, inSt, Sf6ierr, ai deSfiii 8d idate iia3 aiieadV ittBiUreu ar t7eer! caned for reriernniinn inarrnr raw tic r Y dan.,_ tit! terms, it shall not be necessary to issue a new Note prior to payment. ;s.04. Preparation and Delivery. The Nnte shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. Incase any officer whose signature shall appear on the Note shalt cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accardance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note Available Tax Increment under the terms and as defined in the Note. Available Tax Increment shall be applied to payment cf the principal of and interest on the Noie in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution} remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees io appropriate to the Bond Fund in each yearAvailable Tax Increment to the extent described in Section 3 of the Note. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority`s account for the TIF district upon termination of the Note in accordance with its terms. x.03. Additional Bonds. The Authority may issue Refinancing Nates as described in the Agreement an a superior basis to the Note, and may issue additional Initial Notes as described in the Agreement on a parity basis with the Nate. 65 Economic Development Authority Meetinb Minutes July 2~}, ?007 Pave 1 I of 13 Section 5. Certification of Proceedinos. 5.01. Certification of Proceedinos. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as maybe required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, siiaii be deemed representations of the Authority as fo the facts recited therein. Sectior, 6. Effective Date. This resolution shall be effective upon approval. Adopted this 24'" day of July, 2007. Resolution 2007-15, Providing for the Sale of $5,040,000 Public Facility Lease Revenue Bonds (Municipal Liquor Stores Protect), Series 2007A No.1 Bill Elrite, Finance Director stated this is almost the final stage in the Liquor Store construction project where the EDA is approving a resolution for the sale of bonds. Back on iVlarch 271" he came to the EGA with a resalution and the intent to bond. i-le passed out a sheet giving the updated, projected casts on the project. Some of the casts have gene up, such as the soft costs, legal fees, testing fees and construction costs along with demolition, furniture, and fixtures up approximately $5, 000. The faatnate an .that page is an item he brought clp same _time ago and relates a little mare to the City Council than the EDA, but he is recommending some of the overages and contingencies if needed, be funded internally on a short term internal loan, rather than adding them to the bonding expense and dedicate a large portion of our profits for the first two years to operation. Szurek stated she did not understand the repayment was called a lease payment, and asked is it the amount of what the lease would have been or is it the amount the liquor store has to pay back to the EDA. Ruff stated the lease payment is equal to the debt service. The structure is that the EDA owns the building and leases it to the City. Szurek asked if the amount of $380, 000/ year, is per store. Ruff stated that is for both stores and the exact amount would be determined at the special meeting to be held on Mnnrrati Attrn+ct ~7 of tha Fr)A anrr at tha (~itv ('.nr,nrir mnr.~tinrac .............v, .....~~... _. .... .. ... ~.., . . ........ ......... ....~ .., ........,......,,.....y,,. a~vu'v""/ vCkr aakcd gaff to t2ii ,irrir abai.rt t+ic Dcipi+iie rnueX. Ruff .Jd~dtC(.1 lyde uetpnln IS another index, which is the average that bonds are selling for around the country. They are selling from .15 to .4 percent above general obligation bonds. /t depends on what the market is at that time. What you stated last night was an average of .3 percent, which falls right inta the range that /have described. Nawrocki stated the information they got last night was that the bond buyers far this kind of bond would probably not look at the A-1 rating we would have with general obligation. Ruff stated that is part of the reason the interest rate is higher, because of that, it doesn't add on to the differential. Nawrocki slated he still wasn't satisfied that he gave him accurate information on the Detphin index, going with the .3 percent; $5 million over 20 years, it is $150, 000 additional east. The manager last night said, in 20 years $150,000 won't be anything, it is to me. ~ehst stated he did not say that. l-le tried to explain to him before what present value means. 66 Economic Development Authority Meeting 141inutes July 24, ?0()7 Page 12 of 13 Diehm asked Nawrocki what the inaccurate information he received was. Nawrocki stated he wasn't given the accurate information, he asked for information on the current sale, he was only given estimates, he asked for information on recent sates on a given day. Diehm stated she is just trying to understand what inaccurate information his was given. Nawrocki again stated he wasn't given the accurate information. Williams stated we are actually saving our credit for our City, we are saving our bonds, and we can do mare far our City. Nawrocki stated that is the main reason you are going this way, because you didn't want the good citizens of the community to have access to be able to use our charter as they would on a general obligation bond. Diehm stated she didn't think he could tell us to vote that way. Nawrocki stated he has talked with these folks, and in his mind, the reason for going this route is to escape the ability of the taxpayers to petition to have this as a referendum on the ballot. Fehsf stated as one of these taxpayers, !wouldn't want the full faith in credit of those bonds pledged against my taxes for (hose buildings, and it would be astoundingly out of place with what we should be doing as fiscal judiciary officials. Williams stated other cities do this all the time. Motion by Williams, second by Szurek, to wave the reading of Resolution 2007-15, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Williams, second by Szurek, to Adopt Resolution 2007-15, a Resolution providing for the sale of $5,040,000 Public Facility Lease Revenue Bonds (Municipal Liquor Stores Project), Series 2007A; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Nawrocki-Nay, Jindra- aye, Kelzenberg-aye, Williams- aye, Peterson- aye, Diehm- aye, Szurek-aye. Rt-`SOiUCi~fi ist0. dUV!-15 ReGrili ifipn Prrneirlin~ fr+r ilia Gat® ~` ,~, iS Mn t~~It Public FaCili.y LcoSv Rc'vcnUc uviidS (fviiiiiiCipai Llquor Siures- Pi ujecij, Series 2007A WHEREAS, the City Council of the Ciiy of Columbia Heights, Minnesota (the "City"), has heretofore determined that it is necessary and expedient for the Columbia Heights Economic Development Authority (the "EDA") to issue its $5,040,000 Public Facility Lease Revenue Bonds {Municipal Liquor Stores Project), Series 2007A (the "Bonds"}, to finance the construction of a two new municipal liquor stores; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"}, as its independent financial advisor for the Bonds; NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Columbia Heights, Minnesota, as follows: 1. Authorization; Findings. The EDA hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The EDA Board shall meet at 6:30 p.m. and the City Counci( shall meet at 7:00 p.m. on August 27, 2007, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Officio! Statement. In connection with said sake, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon ifs completion. 67 Economic Development Authority Meeting Minutes July ?4, 7UU7 Page 13 of 13 This resolution passed this 24'" day of July, 2007. Peterson stated, there will be a special meeting of the EDA at 6:30pm on August 27, 2007, prior to City Council to approve the Liquor Store proposals and awarding the sale of the bonds. ADJOU~tNMENI° President, Peterson, adjourned the meeting at 8:43 p.m. Respectfully submitted, ~~,~ Cheryl akken Community Development Secretary H:\EDAm inutes2007\7-24-2007 68 CITY COUNCIL LETTER Meeting of September 10, 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 Rcini'ourse Overtone Fund DATE: Aug?tst 30, 200.7 DATE: BACKGROUND During the past three months, the Police Department has been involved in off duty employment details that are handled through the department. These details were security details at Unique Thrift Store and Columbia Heights Summer Academy activities. Since this ~~e of off duty employrr~ent is handled tt~~;ough the department, offacers have signed pup and worked these details since June 1, 2007 and we have received a check from the fallowing entities: Unique Thrift Stores, two checks totaling $2,137.60 and Columbia Heights Summer Academy, one check totaling $3,867.75. 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 $2,137.60 received from Unique Thrift Stores and the $3,867.75 received from the Columbia Heights Summer Academy be returned to the 2007 Police Department Budget Line #1020. RECOMMENDED MOTION: Move to transfer $2,137.60 received from Unique Thrift Stores and $3,867.75 received from the Columbia Heights Summer Academy; a total of $6,005.35 from the General Fund to the Police Department 2007 Budget under Line #1020, Police Overtime. TMJ:kao 07-142 COUNCIL ACTION: 69 City of Columbia Heights Police ]Department MEMO} To: Chief Thomas Johnson From: Captain William J. Roddy Subject: Overtime Transfer Date: August 21, 2007 Attached is a list of the overtime re-imbursement received for 2007 from August 7`h through August 21S` , 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. Unipue Thrift INVOICE # DATE AMOUNT 019 07-17-07 $ 795.00 021 07-25-07 1342.60 Columbia Heights Hi~hschool Activities (Summer Acaderny~ INVOICE # DATE AMOUNT 020 07-20-07 $ 3867.75 Total $ 6005.35 Total Amount to be transferred to OT Accaunt 56005.35 ~o IN'V(3ICE Columbia I~eights Police ]Department Date; July 17, 2007 Invoice #: 2007-019 Customer Name: Unique Thrift -Attn: Bob Lennartson Address: 2201 37th Ave NE, Columbia. Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police uf~acers for: vane 2aQ? Sat. 6-02-07 1230-1530 Ni 3 hrs. Tue. 6-05-07 1.200-1600 Ni 4hrs. Sat. 6-16-07 1200-1600 Ni 4 hrs. Tue. b-19-07 1200-1600 Ha 4 ~'s• BILLING INFORMATION Number of Ufficers: `~ 2QQ7 OT Wage is ~53.OQ h~°. Hours: 15 • ,, . t `~ ~~~ Make checks payable to the City of Columbia Heights. Ptease mail payment to: City of Columbia Heights Police Department, 559 Mill Street t3E, Columbia Heights, NCi`I 55421 71 ~~. ~' APOGEE Retell, LLC: DATE INVOICE NO COMMENT x7/17/07 2007019 b/~-19 07/2s/a7 2007021 AMOUNT 75.00 1, 39:2.60 x03'164 D :L S COUNT NET AMOUN'T' Op 79~i . 00 '"''ter .00 1,342.64 t, CHK TOTAL: 2,137.60 CHECK: 0031b4 08/02/07 City of Columbia Heights RE FE; FtENCE .~ .~...~....~.___._____.... _._...~_.__...._. -..._._._.__... r ao3~ 64 -. -. • _ - /~Pi~GI«E Ft~tail, LLiw~ Ailianra Bank t - : ~ 308q Ceriiervilie Road - gt, Paul, Minnasata . ~ . Littia Canada, MN 55117 75-11-919 . '. ~.~ (651) 773-8x77 ° a *Tti70 THOUSAND ONE= HUNDRED THTRTY SEVEN DOLLARS AND 60 CENTS o - DATE AMOUNT 08/02/07 *****2,137.b0* City of Columbia Heights TO THE Police DepartmE~nt ORDER 559 Mi~.l Street: NE OP: Columbia Heigrats MN 5521 ~ N I i)•ao ~ ti~~,li• x:09 L9C] ~ C 1.5~:0t7C156 ~ ~, ~6oli~ N n INVt~IC~ Columbia Heights Police Department Date: July 25, 2007 Invoice #: 2007-021 -~°~ t l ~~~--, .. Customer Name: Unique Thrift -Attn: Bob Lenrzartson Address: 2201 37th Ave NE, Coluzxzbia Heights, MN 55421 Home phone; Work phone: 763-788-5250 Request for: 1 police vfizcers for: ,;uiy 2407 ' Mon. 7-03-47 1515-1915 Ko 4 hrs. Tue. 7-04-07 0800-1500 Ni 7 hrs.* ~1Z~~p? _ rt ~ B~..z 3 hrs. * t 0900 ~~00 Sat. 7-07-07 1530-1930 Ni 4 hrs. Tue. 7-19-07 1330-1930 Ni 4 hrs. BILLING INFORMATION Numbe of Officers: 5 2007 OT Wage is $53.00 hr. * 2007 Preen Rate $70. b6 hY. Hours: 12 regular/ 10 premium Tatat Due: $1342.64 Make checks payable to the Ciiy of Columbia Heigbis. Please mail payment to: City of Columbsa Heights Police Department, 559 Mil! Street 1VB, Columbia Heights, MN SS421 l~ 73 APOGEE Retail, LLC DATE INVOICE NO COMM]~NT 07/17/07 2007016 6i2~~:~s 07/25/07 2007021 AMOUNT 795.00 1,342.60 00314 DISCOUNT NET AMOUNT .00 795.00 i` .00 1,342.60 r, CHECK: 003164 08j02/07 City of Columbia Heights RE~'I~RENCE : CHK TOTAL: 2,1`37.60 ®F~~.. .Columbia HeigYtts MN 55421 F I ~~•DO 3 1 ~.~4~'~ i,D 9 190 1 2 15~:DD0 56 1 ~ ~ ~0~~~ Date: July 20, 2007 Invoice #: Pg. 1 Customer Name: Summer Academy 2007 {Attn: Jeanie Pullen) 2007-020 Address: 5530 Peterson Rd, White Bear Lake, MN 55127 Home Phone: 651-42b-5945 Work Phone: 651-415-5454 Request for: Police Officers for: Summer Academy Traffic Detail ~~ // g'~ylo~ Y` 75 P~.2 Week I Sun. b-10 1230-I430hrs Ha (2 hrs Officer) Tue. 6-12 0715-091Shrs We {2 hrs CSO) 1 115-I315hrs. We (2 hrs CSO) 0715-09IShrs Pi (2 hrs CSO) 1115-1315hrs. Pi (2 hrs CSO) Wed. b-13 0715-09IShrs We (2 hrs CSO) 1115-1315hrs. We (2 hrs CSG) 0715-09IShrs Pi (2 hrs CSO) 11 IS-1315hrs. Pi (2 hrs CSO} Thu. 6-14 0715-09IShrs We {2 hrs CS0) 1115-1315hrs. We (2 hrs CS0} 0715-091 Shrs Pi (2 hrs CSO) 1115-1315hrs. Pi (2 hrs CSO) Fri. 6-15 0715-0915hrs We (2 hrs CSO) 1I IS-1315hrs. We (2 hrs C50) 07 i 5-0915hrs Pi (2 hrs CSO) 1115-13 i Shrs. Pi (2 hrs CSO) Week II Mon. b-18 0715-0915hrs We (2 hrs CSO} 1115-1315hrs. We (2 hrs CS®} 0715-0915hrs Pi (2 hrs CSO} 11 IS-1315hrs. Pi (2 hrs CSO} Tue. 6-19 4715-091 Shrs We (Z hrs CSO) I i 15-1315hrs. We (2 hrs CSO} 0715-0915hrs Pi (2 hrs CSG) 1135-1315iu's. Pi {2 hrs CSO} 6-20 Wed 0715-09I5hrs We (2 hrs CSO) 1400-1b00hrs. We (2 hrs CSO} . 0715-09I Shrs Pi {2 hrs CSO) 1400-1 b00hrs. Pi (2 hrs CSO) b-21 Thu 0715-09IShrs We {2 hrs CSO) 1115-I315hrs. We (2 hrs CSO} . 0715-0915hrs Pi (2 hrs CSO) 1115-13IShrs. Pi (2 hrs CSO} 6-22 Fri 0715-0915hrs We (2 hrs CSO) i 115-1315hrs. We (2 hrs CSO) . 0715-0915hrs Pi {2 hrs CSO} 11 IS-13I5hrs. Pi (2 hrs CSO) Week III 6-25 Man 0715-0915hrs Pi (2 hrs CSO) I I IS-1315hrs. Pi (2 hrs CSO} . 0715-0915hrs Jo (2 hrs Officer) 1 I IS-1315hrs. Ja {2 hrs Officer} b-26 Tue 0715-0915hrs Pi (2 hrs CSO) I 1 IS-I3I5hrs. Pi {2 hrs CSO} . 0715-091 Shrs Si (2 hrs Officer) 11 i 5-13 i 5hrs. 3a (2 hrs Officer) 6-27 Wed 0715-0915hrs Pi (2 hrs CSO) 1115-13IShrs. Pi (2 hrs CSO) . 0715-09i5hrs do {2 hrs Officer) 11 i5-1315hrs. Jo {2 hrs Officer) 6-28 Thu 0715-0915hrs Pi (2 hrs CSO) I1 IS-I315hrs. Pi (2 hrs CSO} . 0715-0915hrs Ha {2 hrs Officer} I 1 IS-1315hrs. Ha (2 hrs Officer} 1745-2100hrs Hanly (3.25 hrs Officer} I745-2I00hrs Hanson {3.25 hrs Office r) 1745-21001zrs 1~a (3.25 hrs Officer} Fri. 6-29 07I5-09I Shrs Pi (2 hrs CSO) 1115-I3I Shrs. h Pi S (2 hrs CSO) (2 hrs Officer) . 0715-09IShrs Ha (2 hrs Officer} rs i 115-1315 a 76 BILLING INFORMATION Number of Hours St. $ 1682.75 St. ~ 2185,dd 3867.75 31.75 hrs Officer 92.dd hrs CSO TOTAL Due: ~ 3867.7 Rate= $53.Odlhr Rate= $23.75/hr Make checks payable to the City of Columbia Heights. Please malt payment to: Cotvmbia Heights Police Department, 559 Mitl Street NH, Columbia Heights, MN S542i F©R DEI'ARTIVIENTAL tISE ONLY Officer(s) on Duty: Off Duty: ?~ Date: Amount Received: ~~ ~ ~~. ~- Z~~ da 77 NORTHEAST METRO 916 $3,867.75 $3,867.75 $0.00 dag22~ $3,867.75 ~~•439224~~" ':o~,~~~~~~~w;LS2L00008472~~~ COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting o£ September 10, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: BY: Police Chief Tom Johnson BY: NO: DATE: September 4, 2007 DATE: Background: This request is for approval to enter into a grant agreement with the Office of Justice Programs, through the Minnesota Department of Public Safety. The grant is for the purpose of hiring new peace officers or providing peace officer overtime pay. The State will pay for all services performed and will reimburse an amount not to exceed $177,219.00. ($88,609.50 is available from July 1, 2007 through June 30, 2009. $88,609.50 is available from July 1, 2008 through June 30, 2010). There are no matching funds required. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-157, there being ample copies ot~ailal~la to tha m~l-slit~ a.. v u...,«.,....., ~.... ~......,~.... MOTION: Adopt Resolution No. 2007-157, being a resolution authorizing Execution of Agreement with the Office of Justice Program. COUNCIL ACTION: 7s Resolution No. 2007-157 Authorizing Execution of Agreement with the Office of Justice Programs ~e it resolved that the City of Columbia Heights will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. Mayor Gary L. Peterson and City Manager Walter R. Fehst are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Columbia Heights. Passed this 10`h day of September, 2007 Offered by: Second by: Roll Call: I certify that the above resolution was adopted by the City of Columbia Heights on September 10, 2007. Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk Date so STATE OF MII~Il~IESQTA GRANT CONTR_4CT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of 3ustice Programs 444 Cedar Street, Suite 100 St. Paul MN 55101 ("State") and City of Columbia Heights. Police Department, 559 NE Mill Street. Columbia Heights. Minnesota 55421-3822 ("Grantee"). Recitals 1 Under Minn. Stat. ,§ 299A.01. Subd 2 (41. the State is empowered to enter into this grant contract. 2 State funds for this grant contract are provided under Laws of Minnesota 2007, Chapter 54, Article 1, Section 10, Subdivision 6 for the purpose of hiring new peace officers or providing peace officer overtime pay. 3 The State is in need of services that fulfill this purpose. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Gr`arit Contract Term of Grant Contract L1 Effective date. July 1, 2007, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is Later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.3 of this grant contract. Reimbursement will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date. June 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The fallowing clauses survive the expiration or cancellation of this grant contract: $. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, will perform all of the duties and tasks specified in the applicable Request for Proposal and the Grantee's grant application for this program, which are incorporated by reference into this grant contract and are on file with the State.and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. Grantee shall also comply with all program standazds, which are incorporated by reference-into this grant contract and made a part of this grant contract. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Office of 3ustice Programs' Grant Manual- which is incorporated by reference into this grant contract. (1} Financial Reporting. Grantee shall submit a fmanciai reporting farm to the Slate uti'iizing the foi~iiat ;r!'eiitifi~ti by the State within, 30 daJS after the end of the reporting period. (2} Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of reporting period. (3} Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4} Evaluation. State shall have the autharity, during the course of this grant period, to conduct an evaluation of the performance of the Grantee. ` (5) Requirement Changes. State may modify or change all reporting farms at their discretion during the grant period. {6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Tirrie fine Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. State (7lQ7) Community-Oriented Policing (COPS} 08 03P Grant Number 2008-COPS-00289 81 Consideration and Payment 4.1 Consideration. The State will pay for all senjices performed by the Grantee under this grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $177.219.00, according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Exhibit A as described in Section 4.2(2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any expenditures may be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the grant contract, will be met by the Grantee: $4.000.00. (4) Total Obligation. The total obligation of the State far ail compensation and reimbursements to the Grantee under this grant contract will not exceed $ 177.219.00. $88,509.50 is available from July 1, 2007 through June 30, 2009. $88,609.50 is available from July 1, 2008 through June 30, 2010. 4.2 Fiscal Requirements. Grantee shall report to the State as specified in the Office of Justice Programs' Grant Manual. (1) Financial Guidelines. Grantee shall comply with all policies, procedures, and provisions applicable to each source of funding received. Grantee shall comply with the current Office of Justice Programs' Grant Manual. No funds will be disbursed for activities not identified in the goals and objectives or work plan submitted on the grant application forms prescribed by the State. No funds from a specific funding source will be disbursed for activities that do not meet the requirements of that funding source. (2) Budget Revisions. Grantee shall submit a written budget revision request to the State's Authorized Representative before any expenditure may be made based on the revised budget. Submission and approval. of a budget revision is necessary if a) a line item will deviate by $200 or 10%, whichever is higher, from the approved budget, orb}anew tine item that was not part of the approved budget will be created. (3) Closeout. Grantee shall have until 30 days after the Expiration date of this grant contract, to submit a report of :. r ,_ , •_`- ---` --__._._a __a a._v,...,.,,a aa•., _,,.,,,..+:~ ring ~,:'4,.,,:~-tQ~1 :~.;tl,;., t},;c time nf+rinri Pxnancr~c all rlln4S aIltl Ill4GiCSL tGVG1VGLL G11U u1JUU1JCU. u n tv~vtt t~ tiv~ auvaua~wu ~,aui........,., ...~_.+ y...•....-, -•-t----.--- cla.imed on the report may be disallowed and the State may request a refund of those monies from the Grantee. r v~ 7t t ~ 7 a- C_.. ~ ~' !Ll #o~ an+n hrnic.c n (4) neCUrds'. lTrdiitee Shctlll i°etain alt ttnarlCiat rcCOrua ova a tuiuuTiutit of Sit: Lv~ yiar5 atwi the ..~.~~ cf Sµ.,..~,.~ui..n of the final financial status report, or until completion of an audit which has commenced before the expiration of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been resolved between the Grantee and State, whichever is later. 4.3 Payment Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the fallowing schedule: Itemized invoices ~dll be filed in arrears at least ~uarterlyl but not more often than monthly, and within 30 davs of the period covered by the invoice for services satisfactorilyperform ed. The final invoice s~ertainin~ to each state fiscal veer of this Grant contract must be received by July 31 of that calendar year Reimbursements from the next state fiscal year(sl may commence on or after July 1 of that calendar veer The final invoice must be received no later than 30 davs after the Expiration date ofthis Brant contract. Expenditures for each state f seal year of this grant contract must be for services performed within the at~plicable State (7107) Community-Oriented Policing (COPS) OS OJP Grant dumber 2068-COPS-00284 82 state fiscal y°ar Every state fiscal year begins on 3uly 1 and ends on June 30. 4.4 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Jesse Standal Department of Public Safety Office of Justice Prosrams, 444 Cedar Street. Suite 100 St Paul MN 55101-0100 (6511201-7343, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this great cone act. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Spt, Sohn Rogers Columbia Heights Police Department, 559 NE Mill Street. Columbia Heights MN 55421-3822 (7b3) 706-3750. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. ibis grant contract contains all negotiations and agreements bet-~veen~the State and the !>rsntPa rtn nthPr r,nc~Prctan~lin~ re~ardin~ this nrant contract, whether written or oral, may be used to bind either .,..........,........._-- ------------o - ~ _ ,, ~ . P~Y- 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees hornless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal .remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stet. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. ~ 0 Government Data Practices The Grantee and State must comply with the ~ esota Government Data Practices Act, Minn. Slat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to aIl data created, collected, received, stared, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Slat. § 13.08 apply to the release ofthe data referred to in this clause by either the Grantee or the State. State (?;07} Community-Oriented Policing {COPS) 08 C}3P Grant Number 2008-COPS-00289 $3 If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by ar for the Grantee individually or jointly v:itla others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of--law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination by the Grantee. The Grantee may request termination upon 30 day's notice to the State's Authorized Agent. Upon termination the Grantee is entitled to payment for services actually performed and agrees to return any unused funds to the State. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if it does not nhrain fiandin ~ from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the GrWntee. The State gc stint nb3ygated #n pav foT ~stv services that are provided after notice and e~ecttve date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. State (7/07) Community-Oriented Policing (COPS) 08 O3P Grant Number 2008-COP5-00289 84 I. ENCUMBRAt~ICE VERff'ICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Slat. ,¢§ 16A.15 and 16C.05. Signed: By' Date: Title: Grant Contract No.: 2008-COPS-00289/6900-?469 Daze: 2. GR4NTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: (with delegated authority) Distnbution: Agency Grantee State's Authorized Representative 4 State (7/07) Gommnnity-Oriented PoEicing (COPS) 08 85 OIP Grant Number 2008-GOES-00289 EX!-#f~si ~ A ~Q{~~~T pp p~6,C~ OFFICE OF JUSTICE PR®GRAMS _ - { Grantee: CO~umbia Heights POlice Department t~ -COPS-00289 Grant Number: 2008 -- -- r ~R~DF~b'~~s P('dgram COmpOnerit: Hire New Officers: School Liaison and Targeted Areas Officer Budget Category Award Salary and Overtime $138,475.00 Payroll Taxes & Fringe $38,744.00 Total $177,219.00 ~ e i 86 CITY COUNCIL LETTER Meeting of: 9/10/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER N®~ PUBLIC WORKS ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: K. Hansen BY: ASSESSMENT LEVY HEARING FOR TWO PROJECTS: DATE: 9/4/07 DATE: ZONE 7 SEAL COAT PROGRAM AND ZONE 2 AND 3 OF THE STREET REHABILITATION PROGRAM. Background: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2008 tax statement, the assessment hearing needs to be held on or before October 15, 2007. Analysis/Conclusions: Staff is r?commending Monday, October 15, 2007 for the Assessment Hearings on the following tarn projects: 1. Zone 7 Seal Coat Project No. 0701 2. Zone 2 and 3 Street Rehabilitation Project No. 0702 Recommended Motion: Move to establish Monday, October 15, 2007 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #0701 Seal Coat Project, to be held in the City Council Chamber. Recommended Motion: Move to establish Monday, October 15, 2007 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0702, Zone 2 and 3 Street Rehabilitation, to be held in the City Council Chamber. KH:jb COUNCIL ACTION: 87 CITY COUNCIL LETTER Meeting of: September 10, 2007 AGENDA SECTION: Consent ORIGINATING DEPT: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2007-156, to BY: Robert Streetar BY: Participate in the Anoka County DATE: September 4, 2007 Housing and Redevelopment Authority Economic Develo ment Activities Background: The City Council is being asked to consider an offer from the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities. For background on the ACHRA's offer, please read the executive summary on pages 2-4 of the Report of the Anoka County Economic Development Exploratory Committee that is attached. To participate, the Council must pass a resolution to "opt in" to the ACHRA economic development activities. If the Council chooses to participate, it must participate for a minimum of five years, (2008 - 2012), after which time the Council may choose to "opt out." Should the Council choose to participate the ACHRA would levy a tax in Columbia Heights each year of participation. If the City chooses not to participate it must wait five years, or until '101.3, before it may choose to "opt in." This opportunity is best considered in the context of the priorities the Council has established. Since 2002, the Council has established the redevelopment of certain sites and the maintenance and improvement of the housing stock as top priorities. Redevelopment and improving the housing stock renews, and revitalizes the City and strengthens the tax base. Achieving these goals requires sufficient investment of public resources for activities such as demolition, remediation of contaminated soils, acquisition, and gap funding. By participating, the City would have a minimum level of resources to invest in these important priorities. Projects such as improving the Heritage Heights neighborhood, redeveloping 37`h and Central, 39"' and Central (Burger King), as well as resources for housing loans and grants, as well as blighted housing replacement could all benefit from the Anoka County levy proceeds. It also means the City may not have to establish as many TIF districts, or may result in TIF districts with shorter terms, thereby ensuring the new taxes from redevelopment are placed on the tax roles sooner. In addition to increased resources for redevelopment and housing priorities, the City could also use all or part of the levy to pay for costs related to redeveloping the Heritage Heights site for the new public safety facility and/or a community center. For example, over the next fives years the ACHRA would probably levy a minimum of $1,021,245, or about $205,000 annually. If the City used all of the levy proceeds to reduce the annual debt service on the general obligation bonds to fund the acquisition, demolition and relocation costs required to make the site ready, the interest savings are estimated to be about $975,000, on a 25-year issue at 5.25%. Also, using the levy proceeds would reduce the amount of general obligation debt, thereby preserving the city's debt capacity for other needs such as public safety, or public works. The table below estimates the minimum and maximum the ACHRA could levy, and the cost to homeowner with a home with an estimated market value of $200,000. 8s 2008 2009 2010 2011 2012 Total Minimum Levy* 196,241 $200,166 $204,169 $208,252 $212,417 $1,021,245 Cost** $30.20 $30.51 $30.82 $31.13 $31.44 $154.10 Maximum Levy 247,073 $252,014 $257,054 $262,195 $267,439 ~ $1,285,776 Cost** $38.03 $38.42 $38.80 $39.19 $39.58 $194.02 *As determined by the ACHR.A, **Estimated Market Value of Home - $200,000 In summary, the ACHRA is offering the City of Columbia Heights the opportunity to participate in the ACHRA economic development activities. This could provide additional resources for redevelopment and housing related activities, as well as potentially reduce the cost of a public safety facility and/or community center. The cost of participating is estimated to be $30 to $40 annually fora $200,000 home. Recommendation: Staff recommends City Council participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities. Recommended Motion: Motion: Move to waive the reading of Resolution 2007-156, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2007-156, a Resolution of the City of Columbia Heights to Participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities. COUNCIL ACTION: -I:/Community Development/City Council/Council Letter2007/Res.2007-156, Anoka Cty HRA Econ.Dev. Activities 89 RESOLUTION 2007-156 CITY OF COLUMBIA HEIGHTS RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS TO PARTICIPATE IN THE ANOI~.A COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES. WHEREAS, the City of Columbia Heights is an Anoka County municipality, and such is a rapidly growing and important segment of the Twin Cities Metropolitan Region, made up of rich variety of vital, desirable communities; and WHEREAS, the Cet}~ of Co[umb~a Heights Council members believe that the .residents of Columbia Heights would realize many benefits from expansion of the Anoka County tax base, including but not limited to; the creation of local job opportunities, redeveloping certain sites within the City, as welt as maintaining and improving the City's housing stock, wider sharing of tax burden, and access to enhanced infrastructure, services, and retail and business activities, and, WHEREAS, in order to expand the local tax base, the Anoka County Board of Commissioners has indicated an interest in fostering a regional approach to economic development in Anoka County, and, WHEREAS, in 2007 a statutorily formed citizens exploratory committee recommended to the Board of Commissioners that the Anoka County Housing and Redevelopment Authority be granted the powers of an economic development authority, and WHEREAS, on June 12, 2007, the Anoka County Board of Commissioners, after fulfilling the statutory requirements, did authorize their Housing and Redevelopment Authority to exercise the powers of an economic development authority, and, ihll.lC®CAC 6An! C+.~+ rt~Cl 1C1Q'') rnnleire>c 4h~t .~ rnelnininolifir chop r•I®rlor® i#c inrilGnnln®cc htt YY1/1-1 \I-AV, IVIIV VtQ I. TV~J. IVVG Ili 1.1 U111iJ 111Gt G1 IIIV111 VIl.lCAIILy JIICAII, uV V1U1V ILJ YYt111111J. 1.V VV, v~r resolution, to join the county in its economic development activities. NOW, THEREFORE BE IT RESOLVED, that the City of Columbia Heights does hereby declare its support of Anoka County and its countywide economic development objectives and activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in Anoka County Housing and Redevelopment Authority economic development activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in the Anoka County Housing and Redevelopment Authority economic development activities to request funds to support the City's redevelopment and housing maintenance and improvement goals, and, BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the City of Columbia Heights. 90 Passed this ~ day of , 2007. Motion by: Second by: Roll Call: Mayor Gary L. Peterson Attest by: Patricia Muscovitz, CMC City Clerk 91 Report o~ the Ano~.a bounty Economic Development Exploratory ~oln~nittee Anoka County, Minnesota May 8, 2007 s2 Table of Contents LETTER OF TRANSMITTAL 1 EXECUTIVE SUMMARY ......................................................................2 2 INTRODUCTlON ........................................ ........................................5 3 METHODOLOGY ....................................... ........................................7 4 FiNDINGS ................................................. ........................................9 ~ INVENTORY AND GAP ANALYSIS ...................................................... t 4 6 ORGANIZATIONAL OPTfONS ............................................................~5 7 RECOMMENDATIONS . . ....• ................. ~ - ,~ . . _ ::APPENDIX I . MINNESOTA STATUTE 469.1082' ::~;;:.:.:.'::::;:;...:...~ ....................:. METROPOLITAN GOUNC~L DElUlOGFtAPHIC~PROJECTIONS............APPENDIX tl - COMMITTEE VISIONING RESPONSES.,.::..;..: .............................. APPENDIX ill:. ,: •.. .. =;... .~: ,:, , .. LOCAL GOVERNMENT INVENTORY,QElESTIONNAIRE..............:'"A~{?ENDIX~ lV , .. ~: . Mission Sfafemenf Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the fang-term process of building their communities on a fiscally sound and well-managed basis. 93 ~~ Springsted ~~~ Springsted Incorpora#ed 380 Jackson Street, Suite 300 Sain# Paul, MN 55101-2887 1'el: 651-223.3000 Fax: 651-223.3002 www,springsted.com LIt:TTER OI+' TRANSMITTAL ~ May $, 200'7 Anoka County Board of Commissioners Government Center 2400 3rd Avenue Anoka, MN 55303 Dear Commissioners: . c7n behalf of the Anoka County Economic Development Exploratory Can~.'nittee, :~s~e are pleased to _ = transmit this report documenting the Committee's inventory of existing programs and services, its identification of program and service gaps, and its recommendation that the County Board extend the power of the Anoka County HRA t~- agerate as an EDA . ~ The Comrrtittee also recommends that the County Board authorize legal research ta.. clarify the levy authority that can be exercised by the Anoka County I-IRA operating with statutory EDA powers to determine the maximum rate that can be levied and the manner in which the levy can be allocated for = = ~ IIRA and EDA purposes: It also recommends that the County Board consider the appropriate number of - - governing board members serving on the Anoka County I-IltA operating with statutory EDA._powers, recognizing tlaat statutes allow a county EDA to have nine members. ~ - In submitting this report far the Board's consideration, we want to thank the Committee members who participated In the inventory and analysis of economic development information and evaluated the organizational options available for the County's involvement in economic development. We also want to thank all of the cities and townships that supplied data far the Committee's review, rana,~y we want to express our appreciation to the Anoka County staff that provided us with previously conducted research an economic development. We have appreciated working with the County on this important study and look forward to future opportunities tb be of seitiice. Respectfully submitted, .~7 Sharon G. Klumpp, Vice President Consultant r maj gq. Public Sector Advisors ,2 Executive Summary 1. Executive Summary In December 2aa6, the Anoka County Board of Commissioners appointed an 11-member Econonuc Development Exploratory Corrunittee to review current economic development, housing and community development programs in the County, to identify gaps in the level of existing services provided, to assess th_e capacity of existing agencies to expand their services to fulfill these needs, ar~d to formulate a recommendation on the need for a .County econonuc development organization. The committee completed an inventory and gap analysis based on information collected through community surveys and other available background material, studied the four statutory organizational options available for County involvement in economic development, and issues this report and its recommendations in accordance with idli.nresota Statutes Section 464.1Of~2- Findings made by the committee include: 1. Anoka County is forecast to experience continuing growth through 2a30. i 2. Three distinct development patterns exist in Anoka County: fully - developed areas, developing areas and rural areas. More than one development pattern may exist in a single conununity. 1 ,... ~ . 3. i a of the 21 Anoka County communities surveyed have ° a -city Economic Development Authority (EDA). 0 _ 4. Tax base growth and job creation are major themes that emerged from_ ~ the committee's review of responses to the Local Government Inventory Questionnaire. ~ 5, Transportation improvements and major development projects top the ~ list of major economic development goals which Anoka County ! communities hope will make headlines in the next la years. 6. Staffing and funding are the most frequently cited challenges to eeonornic development encountered by Anoka County communities. Nine gaps in the level of economic development services were identified: 1. Ability to buy property with the change in eminent domain laws. 2. Linuted financial resources dedicated to economic development activities. 95 Report of iho Anoka County Economic Cevelapment Exploratory Committee p 3 a Executive Summa 3. Lack of staff dedicated to economic development activities who have the expertise and knowledge of economic development tools 4. Qrganizational structure for sharing information and coordinating communications among Anoka County and its cities and townships. S. Better image of the County and a coordinated approach to "branding." 6. Feasibility study of fiber optics and other technological infrastructure and a coordinated approach to technology development. 7. Availability of up-to-date demographic data and projections. 8. Central point of contact for businesses considering locating or expanding in Anoka County; better understanding of relatiorsh ip between economic development and redevelopment subsidies and job gains and losses. 9. Ability to provide economic development services to communities that do not have an EDA. The committee determined that Anoka County involvement in economic development was desirable, citing the number of communities that da not have ~ an organizational structure for economic development and the efficiency and ~ ~~ ~ effectiveness of a regional approach. Comrtuttee members.. also recognized the ability of a County economic development organization to serve as a central information clearinghouse for all Anoka County communities. ® The conunittee recorrunends that the Anoka County Housing Redevelopment Authority (1-I12A) be authorized to operate as an EDA, citing greater administrative efficiency and...effectiyeness to adnunister a single economic development organization compared to._adrrtmnnistexa~g~ boot a Coun>:y rz~cr-L ~,.~ EDA. L-t making this recemmPndation, the conunittee noted that none of the Anoka County general government subdivisions exercises extraterritorial planning powers beyond its boundaries. Minnesota Statutes Section 469.1082 subdivision 3 specifically requires the committee to identify the distance that a city controls beyond its boundaries, if applicable. This provision is not applicable to Anoka County. The conunittee also recommends that the County authorize legal research to clarify questions regarding the Levy authority that can be exercised by the Anoka County HRA operating with statutory EDA powers to determine the maximum rate that can be levied and the manner in which the levy ~ can be allocated for IIIZA and EDA purposes. Comnuttee members advise that this information will be important to each community's deliberations regarding participation in tl~e Anoka County HRA aperating as aza EDA. 96 Report of the Anaka County Economic Dovelopment Exploratory Cammltteo Executive Summa a Finalty, the committee recommends that the County Board consider the appropriate size of the County HR.A's governing hoard if it is authorized by the County Board to operate as an EDA, noting that Minnesota Statutes Section 469,1082 Subdivision $ permits a county economic development authority to have anine-member board. 97 Report of the Anoka County Economic Development Expiaratory Committee r 5 Introduction 2. tntraduc#itan The Anoka County Board of Commissioners appointed an 11-member Economic Development Exploratory Committee in December 2006 to: • Review economic development activities conducted throughout the Couniy, and • Identify economic development services the County could provide to communities. Under Minnesota Statutes Section 469.1482 (see Appendix A), appointment of the local committee is the first step that counties must take when considering the establishment of a county Economic Development Authority (EDA) or extending EDA powers to a county Housing and Redevelopment Authority Subdivision 3 of this section requires the committee to issue a report within 90 days of its initial meeting recommending the preferred organizational option for a county economic development service provider. Specifically, tfae committee's report must contain: Written findings on issues considered by the conunittee, including identification of the current level of economic development, housing, and community- development programs and services provided by existing agencies, any existing gaps in programs and services and the capacity and ability of those agencies to expand their activities; and The recommended organizational option for providing needed economic development, housing and community development services in the most efficient, effective manner. Subdivision 4 limits the organizational options the committee may recommend to: ~ e rre„ntv FnA nneratin~ under Minnesota Statutes Section 469.090 to .... ,,,,.,. _, __ _ _ _ , v 469.1081; 2. Allowing the existing county i~ItA to operate as ana EDA under Minnesota Statutes Sections 469.090 to 469.1081; 3. Pursuing special legislation; or 4. Maintaining the existing structure. The Anoka County Board of Commissioners appointed members to the Economic Development Exploratory Committee from among those individuals nominated by cities and townships. Consistent with the requirements of -- --- - ------ -Subdivision--2s political -subdi-vision-representatives..-selected_by their local government constituted more than SO percent of the total committee membership, and included at least one city official, at least one HItA official, and at least one township official. Two Anoka County Conunissioneis also served on the conunittee. Statutes limited the size of the coninrittee to 11 to IS members. 98 Report o€ the Moka County Economic Development Explorataay Committee .6 Introduction Members of the Anolca County Economic Development Exploratory Committee are: .Greg Hunter, Mayor, East Bethel + Tim Scheffler, Supervisor, Burns Township --~, • Steve Billings, member, Fridley Housing and Redevelopment Authority + Ran Wood, City Manager, Blaine • Marc Nevinski, Corrununity Development Manager, Coon Rapids • Nancy Braastad, President, Harn Lake Develoment Company . Patricia Preiner, EDC Chair, Columbus . Herm TaIle, Alternate, Attorney, Barna Guzy & Steffen . Dan Erhart, Co~runissioner, Anoka County . Dennis Berg, Commissioner, Anoka County ~'~ • Paul McCarron, Chair, Anoka County Housing and Redevelopment Authority • Don Findeli, member, Anoka County Housing and Redevelop meat Authority Paul McCarron was elected to serve as Che chair of the Economic Development Exploratory Committee. The committee completed its work. in four meetings held on February 7, 2007; March 14, 2007; Apri14; 2047 and Apri125, 2007. This report, which details the committee's findings and its recoirnnendatian, is being submitted to the - Anoka County Board of Commissioners for its consideration on May 8, 2fl07. 99 Repod of the Anoka County Economic Development Exploratory Comm{tEee - ' Methadalo 7 3. Methodology The Economic Development Exploratory Committee received an overview of Minnesota Statutes Section 469.1082 at its February 7, 2007 meeting. Ir- addition to reviewing the statutory requirements of the committee's charge, members received an overview of a county economic development service provider's area of operation as de~rned by Subdivisions 5, 6, and 7 explaining that: • Cities may adopt a resolution electing to participate in a county eeoiiomic development organization. ' + Cities may adapt a resolution electing to withdraw participation, provided that the withdrawal election may be made every fifth year following adoption of the resolution electing participation in the i ns county economic development organization and that the city reta any rights, obligations, and Iiabilities it obtained or incurred during its participation. + Cities may adopt a resolution prohibiting the county economic development organization from operating within its boundaries, which has the effect of excluding the city's property .taxpayers from the ._ _. - _ .... property tax levied by the county economic development organization. . + Existing city EDAs will continue to operate if a county economic development organization is established. + Additional city EDAs may be established within the operating area of a county economic development organization without the explicit . concurrence of the county economic development organization. - - _. - + Existing city and county IIRAs may continue to operate if a county economic deveiapmerrt organization is established. The following background materials were distributed to committee members at the February 7, 2007 meeting: • Demographic forecasts prepared by the Metropolitan Council showing anticipated population, household, and employment trends in 2010, 2026, and 2030; • Worki~ag Together to Shape the Future of A~roka County, a draft report of.the Anoka County Development Investment Strategy Work Group, dated September 24, 2002 • Anoka County Industry and Warkfarces Trends, a PawerPairtt presentation by Jerry Vitzthum, not dated + EDA Survey conducted by the Anoka County HRA, EDA Interview Summary, and Prelinunary Lessons Learned from Interviewing Experts on the Role of Counties in Economic Development, dated ' January 3, 2005. • County Econatnic Development Authorities, a PowerPoint presentation by Gene Goddard of the Minnesota Department of `T'rade and Economic Develaprnent, hat dated. 100 Report of the Anoka County Econamte Devatapmant Exploratory Committee .8 Methodolo In order to reflect aCaunty-wide perspective in its work, committee members exchanged .information on .current economic development activities in their respective communities and identified broad economic development goals having County-wide significance (Appendix C}. They also participated in the design and dissemination of the Local Government Inventory Questionnaire used to gather data on economic development activities and needs from each city and township (Appendix D). At the committee's request, the chief elected official and chief adnuzzistrative officer of each city and township received a letter explaining the committee's charge and asking for their assistance in completing the Local Government Inventory Questionnaire. City and township z•epresentatives were also informed of the dates and times of future committee meetings. 7Eighteen of the zi communities completed the Local Gavernmez:t irvPntary Questionnaire. The committee used this information to identify economic development, housing, and conuntmity development needs and determine gaps in programs and services. The commmittee also requested that two interviews be conducted with individuals knowledgeable about economic development activities in Anoka County; 3ezry Vitzthum, Director of the Anoka County Workforce Center, and Dave Piggot, Executive Director of the Anoka County Economic Development Paztnership. 101 Report of tha Anoka Caunty Economic Development Exploratory Committee ~i s Findin s 4. Findings 1. Anoka County is forecast to experience eantinuing growth through 203Q. The Metropolitan Council estimated Anoka County's 2005 population at 325,393 and its number of Households at 117,409. An employment estimate prepared by tl~e Minnesota Department of Employment and Economic Development put the number of individuals working in Anoka County at 113,449 in 2004. Forecasts prepared by the Metropolitan Council project continued growth in Anoka County through 2020 and 2030 as shown below: .a`~i;,h.~'.~7itn:it;'i~`i~•.h"c7r:vF3P=.wK~ ~':4~,~c,tttr~Naca~irv.~,~as ...~~:~.,.,..o:..:.~,-..~::...,_ .~..,...._... _.. •Po ulation 326,393 393,010 20% 410,760 26% Household 117,409 153,980 3 i% 163,160 39% __ _ _ loan to menu 113,449 138,060 22% 148;980 31%a . ~Ernployment estimate is for 2004 - - Source: Metropolitan Counril 2. Three distinct development patterns exist in Anolca County. A variety of development patterns exist in Anoka County. 1Ctully developed • areas, found in the southern portion of the County, emphasize housing - = - rehabilitation and redevelopment as well as commerciahiridusti=ial - redevelopment. Redevelopment efforts are typically •:. accorripanied by - = - • reconstruction of infrastructure to accormnodate the needs= of -redevelopment ' projects. Developing areas include the suburban areas of the County where -~ new residential growth is occurring and retail development is responding to the erowin~ population. Generally, developing communities are involved in expanding infrastructure to accornanodate growth. In rural areas, tine etilyi psis is on maintaining rural characteristics and making business opportunities available in aural centers or along major County roads. In most rural areas, the lack of infrastructure, particularly water and sanitary sewer, Iimits the density of new development. Economic development expertise, tools and resources needed to support these three distinct development patterns will vary. Multigle development patterns may be present in a single conununity. 102 Report of iha Artoka County Ecorromfc Development Exploratory Committee to 3. 10 of the 21 Anoka County communities surveyed have a City EDA. Based on information gathered from the Local Government Iziventory Questiotmaire, ten communities have established city EDAs, The table below shows the economic EDAs and HRAs in existence in Anoka County and also indicates thaw communities where an economic development committee (EDC} or a port authority (PORT} are in operation: (W 5 f~ilp~e 4^`f` ~i '~t }~~ ~Q}il„~ln~S t ~~~~Cllth'3~le n~4'::~SY~~.. vf'A Andover ~'~ ~ e'y'{~ •K-1'J~+i y ~V.iSb~t:: ~t5'.L X J.'[~] ~. qty, S~IJ~l~4" ~~4~': «.. X >~~tl~Yr ~~ "k"kS A 'f',6: G.,. tl~.;+„_.as: Anoka X EDC Bethel Blaine X X Burns Twp. Cen±erville X Circle Pines X Columbia Heights X X Columbus EDC Coon Rapids X X East Bethel Fridle X Ham Lake X Lexington Linwood Twp. Lino Lakes X X EDC Qak Grove X Ramsey X X PORT' St. Francis Spring Lake Park X Source: Local Government Inventory Questlanrtaire {2007) ~. Tax base growtlx and job creation are major themes that emerged from tl~e cammittee`'s review of responses to the Local Cc~vernment Inventory Questionnaire. Two major themes dominated discussions about economic development activities: tax base growth and job creation. The County and its communities want to expand the existing tax base by attracting new businesses and zetaining businesses located in Anoka County. In addition to creating a larger property tax base, business growth and retention will create more jabs. Data compiled by the Anoka County Warkf'orce Center reported that 59% of Anoka Caunty workers left the County .daily to go to their places of employment. Moreover, Anoka County residents had tlae greatest travel distances and longest commuting times relative to tl~e rest of the metro azea, accozding to the draft Anoka County Development Investment Strategy Report, dated September 24, 2002. ~ ~~ Reparf o€ the Anoka County Economic Development Exploratory Gornmittee • Findin s 11 5. Transportation improvements and major development projects top tlxe list of major economic development goats which Anoka County communities hope will make teeadlines.in the next 10 years. The Local Government Inventory Questionnaire asked communities to indicate tha economic development success stories that will make local, county ar regional headlines in 2017. While specific community goals varied, the focus of the responding communities included: a. Major tz'ansportation projects d •i ente b. Major development projects, including transit-oz I development (TOD} near transit stations a Infrastructure in developing areas of the County d. Redevelopment in fully developed areas of the County e. Fibez• optics and other communications infrastructure f. Housing redevelopment and rehabilitation g. Job creation Conununities reported that they expected to focus on tx•ansportatian and redevelopment projects over the next 10 years. They also expect to devote significant time to pr'opezty acgnrsition; pxomoting commercial and industrial development opportunities, marketing;-and infrastructure development. 6. .Staffing and funding ~ are the most frequently cited challenges to ' ecorioxnic development encountered vy Anoka County communities. Anoka County communities considered the availability of staff and funding to be the most significant challenge affecting their capacity to undertake economic .:..--:= - ~ -~ ~-~--development activities, according to questionnaire respondents. Communities - ..s ~ cited staffing as a challenge noting the extensive knowledge and breadth of __ expertise required to apply economic._.developnaent .tools gird ,resources. Questionnaire respondents indicated that County-wide, a total of 8.6 full-time equivalent staff are dedicated to economic development and housing activities; indicating that staffing is an issue involving the number of staff and their skill levels. Communities were asked to identify the types of economic development tools they have used as well as tools they would consider using or wociid not use. Their responses are shown on the following page. 104 Flepori of the Anoka CoonEy Econom€c Devetopment Exploratory Committee •12 Findin s '~ o°t.i)~'~~hf?+((:~.,~. { ~,a.ir`a4 ~`Ei~,tj 1Ya iuNya 1 =."i"~(•+~` "S°r, +s3G i`"Q' Gxj,.,~°;tS t.`t,l~i' ~ .I ';t,d.. n1L n Yl .yi: {at S.~Y.~4a. ltY ~ "1. 'L~~tl .~ ,~ 'e ~'titi~3, ;• - ~. t1"~~7.J1 ~,hy t.~~t j' ~,~. :1 ~a~t ll~t'~i •;I witR~ ht•.1t tit .d~t it r3 grill: 1il~:i .. 74•~'~,~ff~S :~.~,f~Y~; 4}l C tt ' ~~ e~ •`~ 4 i` i 1 5 ` { ~ } ` 1~t ~ 7 s ~~ ` :~.~.,:. e~~:. .; ,yv ~{q!'.' ?~„.}{ap~~ } t~ 'J ' ~" ~~ Zr 17^,p`~ ~=y=yT. its ~7TS v''l~t/ t'C u !.f 0~~ t~sa, ~{"~h ai~h~~m'7~ fi 5~~f.~ . ~ ~ ,3, f~ ~ulLt ~{)tL~TY~. -~f~~,+~'fT+:t aAtfy ~yll k'i: i. A y , ~ { [n QQ~.ry §.,3y ~ ~ r iti ~ ~y yf}rJ p ~ rf j• ,1~y,~ ,j }?~Yt~YJy +~`Y~trlt t~f ,!;gM ~yfCS~t~t f y" Yy ~jGr `t . t i~5p ~'~a1~~ t~ G jM1 ~t 4 t~~ ~j 1~1..'~'~ : 111t~ 14 t~"`~.t ~/ 1 j~lj ! ~`~ ~ ~t )) f 'j { l ~ j Y f 7 ~ ~ .~_f ^~t iMp ~t~.l• Y~t: L 4 1~ ~ 7 .7 (~.r~~1U~~::1.1~1~ .. ..i .,... .. {e)~Y ~~raii~l:C1s~~}<:<<~^~~ .. 1 . 1....l U. CM1 b l 5 t ..: . IYT 't i.l7,G 7~.... 't5''`JIfL . , F. r h.}~h t'~~~. ii, ~i'iII~~ '.f l? Ve.. .rt. .. tr. ... a.a.l , . . .. 1.. _ . Community Development Block Grants 14 4 Contamination Cleanup and Investigation Grant Program 6 8 EDA or ~IltA. 11 Economic Development Fund 5 4 Eminent Domain $ ~' 1 Livable Communities Grant 9 ~ Minnesota Investment Fund 3 11 Redevelopment Grant 6 11 Revolving Loan Fund/Interest Buy Down Programs 5 Id 1 Special Assessment 10 ~ Special Service District 2 11 Tax Abatement ~ ~ Tax-Exempt Financing & 6 TIF -Redevelopment District 13 ~ 1 TIF -Renewal and Renovation District ~4 8 - TIF -Housing District 7 5 TIF -Economic Development District 7 ~ Business Retention Program s 8 1 Locality Marketing Plan 5 $ Workforce Training Plan 3 $ . 1 .. _ Business Incubator Program 1 8 2 Tob.Skills Partnership Act 1 14 =1 Source: Local Government Inventory Questiontzaire (2007) Many communities also reported fiinding as a major challenge, noting the >I.....<4„a „ ,.::tat,;l;a,<. rYf £a}nrlinv to rnv~r the costs of economic development Idtli164't.l [l YllllYUl114I vw .H..v...LJ ~" _.-- programs and services. Communities were asked to provide information on their levies for economic development and housing activities. The cortu-nunitios that levy for EDA andfor IiItA activities are listed below: r ~ a ~ t ~ ~ I '~ t ` ; ~ t Y r .1 ~ ~Y~r~ a <~r,~,l ~ ~tl )GDA Levy x r, 1 ;- rJ tF ~ t y~. ~~>;<~ 1 ~.HRA Levy ! ~ ,,.r~; i t ,, i ~f . iS ~ 7tt ~~ t t ~ti l t ~ z y tl 1~ y r ~, I t~-a ~~ ,~~ t t T. .. ~.1. It 3Y :.Y .. t ~ ~.].. \ Cr..1vl'.n. ..t : i el.. t_.. r s 17. • X Anoka Columbia Hei hts ~ X ~ Coon Ra ids -__ - - Frdley Oak Grove ~ Ramse X Source: Local Government Inventory ~Izzestiorztzatre E ~uvi~ 105 Report of the Anatca county Economic Devetapment Exploratory Commiitoe 13 Findin s Other challenges to econouuc development cited by the responding communities included: a. The marketability of projects as development/redevelopment costs increase h. Anoka co>,nty's need for a marketing identity that will help it attract development c. The ability to assemble property with the loss of eminent domain d. Aging infrastructure e. In rural areas, balancing the nan-residential tax base with maintaining a nYra1 lifestyle. 106 Ftepor[ of the Anoka County Economic poa~elopment Exploratory Commftieo to (nvenia and Ga Anal sis 5. Inventory and Gap Analysis After reviewing these findings, the Economic Development Exploratory Committee created a list of economic development needs, identifying where existing gaps in services and programs are not adequate to meet future needs. The table below reflects the comn~~ttee's discussion of the inventory and gap analysis at its March 14 and April 4, 2007 meetings. t•i 4•' c :b::~^'.4C"^4i• cs~a.:?•t+~eC' d`''ti`+"'~(:'-?kxl`Y'S~r, ~~,~a~.~,:f,~~~m3-~ ~~4r~i,h'~~.'~hV~-~CC(IS?:t7~i4,~1'uy~~E~~ai4i'is`.~~`,s~?;`-G'tc'1s~4.e~~:~~+. 'Yr~eltt''~~:`ti4' :~i~~? ~ iY.~7~ ~E~i ~Ifti.~ ~~. ~ r7 ~. ,j'!i'~jc~ rt~,j ~~ir~~~ +rl l.~r; !r.°`(" ~~i~.i.r.~~'L'Lky=:. s7fi7?~'dM~:~11fa+,r.,~;e~w`.ct~*_:~tt <~,i~~~:G'~ ~.EC,SFt..1..,. ,,.. "~ 1. Assemble, acquire developable property Ability to buy property with the change in and property needed far rights of way eminent domain laws 2 Financial resources to support Limited financial resources dedicated to . develo meet and redevelo ment ro'ects economic develo ment activities 3 Familiarity with the use and application Lack of staff dedicated to economic . of economic development tools development activities who have the expertise and knowled e of economic develo ment tools 4 More communication and coordination on Organizational structure for sharing . activities associated with economic information and coordinating communications development/redevelopment activities among Anoka County and its cities and townshi s ._ Better image of the County and a coordinated 5. Outdated image of Anoka County " a roach to "brandin 6. Infi'astLVCture for technology Feasibility study of fiber optics and other technological infrastructure and a coordinated a roach to technolo develo went 7. Better information to support economic Availability of up-to-date demographic data develo ment and redevelo meat activities and ro'ections 8. Increased j.ob opportunities for County Central point of contact for businesses considering locating or expanding in Anoka residents County; better understanding of relationship laetween economic development and redevelopment subsidies and job gains and losses. 9 Anoka County HRA limited to housing Ability to provide economic development . activities as defined by statute ~ servlCeS LO COTrttIlutltttrr, utizi ut~ lAVI, uu.v ~... EDA I 107 Report of tho Anoka Caunty Eeanamic [7evetopment Gxplaratory Committee dr anizational d tions is • 6. Organize#ionalOp#ions Minnesota Statutes Section 469.1082 Subdivision 4 identifies four organizational options that may be recommended by a local coxrunittee formed to considet• the need far a county EDA or a county II12A operating with EDA ~ powers. These four options are listed below: 1. Establishing a county EDA operating under Minnesota Statutes Section 469.090 to 469.1081; 2. Allowing the existing county 13RA to operate as an EDA under Minnesota Statutes Sections 469.090 to 469.1081; 3. Pursuing special legislation; or 4. Maintaining the existing structure. Based on its findings and the results of the inventory and gap analysis, the conunittee determined that Anoka County involvement in econo,-nic development was desirable. Reasons given for supporting an economic development role for the County included: • Recognition that half of Anoka County's communities have not - - cycated an organizational stntrture to administer economic _:.,_ _•__ .. development, housing and community development programs ~:._ Interest in promoting efficiency and effectiveness. by not ., making it necessary for every Anoka County eominunity to s create its own EDA or ~I.RA ...: - --.- _ _ o the ability of a County ecor=omie development organization to- ~ serve as a central information clearinghouse. .: •-- ~~~~ The committee focused its discussion on two options: establishing a county - - -__ . _.,.-?-~=~ - EDA or extending the power to operate as an EDA to the Anoka County-1-IRAQ: ~- The evaluation of the options can be summarized as follows: 1. Authorizing the Anoka County HRA to operate as an EDA would provide a in~Chanis for tl4v C;ottnty's iaavolvemexti in ecviBoa'iiii developtazetat without requiring the establishment of a new entity. Certain economies could be realized by extending EDA operating authority to the Anoka County HRA. Administration of a single economic development organization would promote greater administrative efficiency and effectiveness whereas the creation of a separate County EDA would entail increased administrative detail as well as coordination with the Anoka County HRA. As required by Minnesota Statutes 469.1082, the commttee must specify the distance that a city controls beyond its houndaries, if applicable. The committee found that Wane of the County's general government subdivisions exercises planning and development control beyond its boundaries and that this _ statutory provision is not applicable to Atioka County. 108 Report of iho Anoha County Economle Dovelopment Exp3oratory Gommitfes Organizations! Options '16 2. Each Anaka County community must be assured that it could elect to participate or to withdraw its participation with either organizational option. The committee recognizes that County involvement in economic development could have a direct benefit to communities that have not established an EDA as well as a County-wide benefit, to the extent that the efforts of an EDA or an l~tt-1 with authority to exercise EDA powers could result in an increase in the County's property tax base. Committee members also recognize that supporting an organizational option that would increase the County's involvement in economic development would not obligate their community's participation in a County FDA or the Anoka County HRA operating with EDA powers. Rather, a community's decision whether to participate would require a resolution adopted by the corrnnunity's governing body. A representative of the Anaka County Attorney's ^ffice orally advised committee members that Minnesota S#atutes Section 469.1082, provides for local determination for cities to participate in a county economic development organization, regardless of whether the county establishes an EDA or extends i~DA operating powers to the existing HRA. Moreover, state law _ _-does not preclude a city's ability to form an EDA and provides a mechanism for these communities that want to establish an HRA on the operating area of a county HRA. ~ ~ 3: Anoka County coYZUnunities will need inforaaaation on how the levy ~ will be determined and how revenues will he allocated between housing and economic development activities. ~ Itz evaluating the need for an increased County role in economic deveiopxnent, _ ~ committee members emphasize the importance that some city councils and township boards might place on Local levy implications, in considering ~ participation in a County HRA operating with EDA powers. They advise the County to research and develop information explaining the maximum levy authority of the County Hf~.A exercising EDA powers a,cu i,vw i~vciiucs wou.u be allocated between housing and economic development activities. Four ~ possibilities exist far community participation in a County HRA exercising ~ EDA powers: o ,Participation in both County HRA and EDA functions • Participation in the County HRA function but not in the EDA function ~ Participation in the County EDA function but not in the County HRA function ~ @ Na participation in either function. Communities will find it helpful to know how the levy will be determned and how revenues will be allocated in eansidering which of the above options is in its best interests. 109 Report of tho Ma[ca County Economic Dovolopment Exploratory Committee RQCOmrnendations ~~ ~ 7. Recammendat~ons Based on its review of the current level of economic development, Dousing, and community development programs and services provided by existing agencies, existing gaps in programs and services, and the capacity and ability of existing agencies to expand their activities; the Anoka County Economic Development Exploratory Comlluttee subnuts these recommendations to the Alioka County Board of Commissioners for its consideration: ~ Recommendation 1: Authorize the Anoka County HRA to operate as an EDA under Minnesota Statutes Sections 469.090 to 469.1081, noting that none of the County's general government subdivisions exercises planning and development control beyond its boundaries. Minnesota Statutes Section 469.1082 subdivision 3 specifically requires the committee to identify the distance that a city controls beyond its boundaries, if applicable. TDis statutory provision is not applicable to Anoka County. Recommendation 2: Authorize legal research to clarify questions regarding the levy authority that can be exercised by the Anoka County HRA operating with statutory EDA powers to determine the maximum rate that can be levied and the manner in which the levy can be allocated for HRA and EDA purposes. Recommendation 3: Consider the appropriate size of the County ITRA's governing board if it is authorized by the County Board to operate as an EDA, nOt1IIg that Minnesota Statutes Section 469.1082 Subdivision $ permits a county economic development authority to have anine-member board. 110 Report of rho Anoka County Econoraaic Dovelopment Exploratory Committee APPENDIX I Minnesota Statute 469.1482 111 ~' ~~ 469.1082, Minnesota Statutes 2006 ~; Copyright ©2006 by the Office of Revisor of Statutes, State of Minnesota. ~L ~' ~~ ~' ~~ ®1 ~: 4+6~3.I08B ~i3li3NT`~ 1JlQA ;I2 ~3~.A ~'~'itli 1J1~A PG~~1tS I.PI I`~()NMLTRC? COUNTY. Subdivision 1. Antltority to create. A county may farm a county econonuc development authority or grant a housing and redevelopment authority the powers specified in subdivision 4, clause (2}, if it receives a reconunendation to do so from a committee farmed under subdtdrsion 2. An economic development authority established under this section has all the powers and rights of an authority under sections 469.090 to 469.10$1, except the authority granted under section 469.094 if so limited under subdivision 4. This sect is m addition to any other- authority to create a county economic development authority or service provider. Nothing in this section shall alter ar impair any grant of powers, ar any other authority granted to a community development agency, a county pausing and redevelopment authority, or any county as provided in section 383D.41; Laws 1974, chapter 473, as amended; or Laws 1980, chapter 482, as amended. Any county that has granted economic development powers to a community development - agency or a county housing and redevelopment atttharity under any of these provisions may not _form a county economic development authority or grant a housing and redevelopment authority the powers specified in subdivision 4, clause (2}. - Subd. 2. Local committees. Upon notice to all local government units and development agencies within the county, a county may adopt a resolution to create a committee to recommend options for a county economic development service provider. The. commmittee shall consist of no .fewer than 11 and no more than 15 members appointed by the county :.: board: At least ono city official, . at least one housing- and redevelopment official, and at least one township official from the county to b~e served-liy tl~ecounty economic service provider shall be included " on •the cotninittee. Members tnay also represent school districts, political subdivisions that currently provide services under sections 469.001 and 469.047 and 469.090 to 469.1081, nonprofit or far-profit housing and economic development organizations, business, and labor organizations Iocated within the .e „~ county. Political subdivision representatives must be selected by their local governrue„is aria ll,uil4 constitute at least 50 percent of the total eomtriittee membership. The county may appoint no more than two county comnussioners. The cotrunittee shall select a chair at its initial meeting. Subd. 3. Committee report. The catrunittee shall issue its report within 90 days of its initial meeting. The committee may request one 60-day extension from the county board. The report must contain the committee's recommendation for the preferred organizational option for a county eeonanuc development service provider, including the distance from the boundary of the city that may be controlled by each affected city in subdivision 5. The distance may not exceed two miles from the city boundary. The report must contain written findings on issues considered by the committee including, but not linuted ta, the following: (1} identification of the eurrent level of economic development, housing, and community development programs and services provided by existing agencies, any existing gaps in programs and services, and the capacity and ability of those agencies to expand their activities; and {2} the recommended organizational option for providing needed economic development, ltausifzg, and conununity development services in the most efficient, effective manner. 112 Subd. 4. ClrganizationaI options. Tl~e committee may only recommend: (1) establishment of a county economic development authority to operate under sections 469.090 to 469.1081, except that the county shall not have the powers of section 469.094 without the consent of an existing county housing and redevelopment authority operating within that county. For the purposes of a county economic development authority's operation, the county is considered to be the city and the county board is considered to be the city council; (2} requiring an existing county housing and redevelopment authority or rnulticounty housing and redevelopment authority to operate under sections 469.090 to 469.1081; (3) that the county pursue special legislation; or (4) no change in the existing structure. Subd. 5. Area of operation. The area of operation of a county econonuc development service provider created under this section shall include all cities within a county that have adopted resolutions electing to participate. A city may adopt a resolution electing to withdraw participation. The ~.vithdrawal election may be made every fifth year following adoption of the resolution electing participation. The withdrawal election is effective on the anniversary date of the original resolution provided notice is given to tlae county economic development authority not less than 90 nor mare than 180 days prior to that anniversary date. The esty electing to withdraw retains any rights, obligations, .and liabilities it obtained or incurred during its participation. Any city within. the county shall have the option to adopt a resolution to prohibit the county economic development service provider created under this section from operating within its boundaries and (1) within an agreed upon urban service area, or (2) within the distance approved in the committee report referenced in subdivision 3. If a city prohibits a county economic development service provider created under this section from operating within its boundaries,. the city's property taxpayers shall not be subject to the property tax levied far the county economic development service provider. Subd. 6. City economic development authorities. IE a county economic development service provider has been established under this section, existing city eeonon~ic development authorities shall continue to function and operate under sections 469.090 to 469.1081. Aclditioiial city economic development authorities may be created within the area of operation of the. county economic development service provider created under this section without the explicit concurrence of the county economic development cP.rva~~ nrnvirler. -__ .'-- r-- ~----- Subd. 7. Continuation of existing county and multicounty housing and redevelopment authorities. Existing county and multicounty housing and redevelopment authorities shall continue to function and operate under the provisions of sections 469.001 to 469.047 Subd. $. Nine-member boards authorized. m addition to the board options under section 469.095, a county economic development authority may have arsine-member board. If the authority has anine- rnember board, at Ieast two members must be county comi•tussioners appointed by the county board. Of the county economic development authority board members initially appointed, two each shall be appointed for terms of one, two, or three years, respectively, and one each for terms of four, five or six years, respectively. Thereafter, all authority members shall be appointed for six-yeai° terms. • Source: Mirariesota Ofj ice o, f the Revisor of Statcttes 113 Excerpt from Minnesota Session Laws 2005, IS' Special Session, Chapter 1 Sec. 105. Minnesota Statutes 2004, section 469.1082, subdivision 1, is amended to read: Subdivision 1. [AUT~IORITY TO CREATE.] A county ' ` '' ` ~`~° 'Y'°~ a may form a county economic development authority or grant a housing anti redevelopment authority the pawPrs specified in subdivision 4, clause (2}, if it receives a recommendation to do so from a committee formed under subdivision 2. An economic development authority established under this section has all the powers and rights of an authority under sections 469.090 to 469.1081, except the authority granted under section 469.094 if so limited under subdivision 4. This section is in addition to ~ any other authority to create a county econorrtic development authority or service provider. Nothing in this section shall alter or impair an~~,~z'ant of dowers or any other authority ~ ranted to a communit deveio merit a enc a count housin and redevelo merit authorit or an count as rovided in section 353D.41 Laws 1974 cha ter 473 as amended or Laws 1980 cha ter 482 as amend Any county that has granted economic development Dowers to a c_oznznunity development a enc or a count housin and redevelo merit authorit under an of those ~rVvaszans may not form a coon ecanoznic devela merit authorit nr •ant a housin and redevelo znent authorit the owez•s specified in subdivision 4 clause (2}. 114 APPENDIX Il Metropolitan Council Demographic Projections 115 Q HOUSEHOLD T+tJRECASTB ANt7KA COUNTY M1R..t_.._...iS4.... lY.. ...1 Xi.,,eont~nt~l Ti'nrar+aefc City or Township A h 1990 2000 2010 2020 2030 ANGKA COUNT'r Andover 4,430 $,107 12,100 14,600 15,500 Anoka 6,394 7,262 7,900 8,500 9,000 Bethel 130 149 160 180 200 Btaine ( t.) 12,825 15,926 20,700 29,300 31,2fl0 Burns Tw . 754 1,123 1,530 1,820 2,120 Centerville 519 1,077 1,340 1,600 1,850 Circle Pines 1,562 1,697 2,050 2,100 2,200 Columbia H ts. 7,766 8,033 8,600 9,200 9,300 ColumbUSTw . 1,129 1,328 1,450 1,600 1,750 Coon Ra ids 17,449 22,578 25,000 26,500 27,000 Bast Bethel 2,542 3,607 4,210 4,420 4,640 Fridte 10,909 11,328 11,600 11,900 12,300 Haan Lake 2,720 4,139 5,100 5,300 5,500 Hi11to 410 400 410 414 410 Lexin ton 829 819 910 950 - 1,000 Lino Lakes 2,603 ~ 4,857 7,100 8,600 10,100 LinwoodTw 1,146 1,578 1,820 1,950 2,090 Oak Grove 1,638 2,200 2,600 2,80 3,000 Ran-ise 3,620 5,906 10,300 15,500 16,500 St. Francis 760 1,638 2,800 4,000 5,000 S rin .Lake Park ( t.) 2,302 2,676 .2,700 2,750 2,950 ANOKA COUNTY TOTAL 82,437 106,429 130,480 153,980 163,610 116 EMPLCI~~t/IE1VT I+`ORECASTS ANOI~A COUNTY ' Ail..t,....,.,l;t.,,, ~n„r,nt'~ li'nminomwnt Tt'nrr~~aatc City ar Township 1990 2000 2010 2020 2030 ANOKA COUNTY ~o.R Andover 1,200 3,062 4,200 4,800 ___.__. 5,200 Anoka 11,755 - ' 13,250 14,400 15,200 16,200 Bethel 193 248 330 380 440 Blaine t.) 11,401 f IG,298 20,100 21,600 ~ 23,100 Burns Tw . 259 294 350 400 450 Centerville 1G8 359 520 b30 670 Circle Pines 861 2,057 2,250 2,400 2,450 Columbia H ts. 4,536 6,419 6,500 6,800 7,000 Columbus 100 482 730 900 1,000 CoonRa ids IG,449 ~,' 21,462 24,200 26,000 '~ 27,800 East Bethel 457 1,211 1,380 1,500 1,610 Fridle 23,821 d• 25,957 30,200 33,000 35,300 Ham Lake 1,820 2,812 3,050 3,200 3,450 Hilito 250 254 35G 420 470 Lexin ton 630 631 880. I,OSO 1,120. Lino Lakes 1,229 2,444 2,950 3,300 ..3,550. Linwood Tw . 50 120 140 1 SO 1.GQ_ _ Oak Grove 200 354 430 530 640 Ramse - _ ' I,941 3,587 .6,700 9,100 v`i1,300 St, Francis 793 L22G 1,630 1,900 2,220 . S rin .Lake Park ( t.} 3,019 4,287 . 4,600 4,800 - ~~~ 4,850 . ANOKA COUNTY TC}TAL 8I,132 10G,814 125,990 I38,060 :.148,98Q_ . 117 ~~ ~ _ r t t t c APPENDIX III Committee Visioning Responses 118 Cofrfmit~ee Visioning Responses February 7, 2007 Question ~. What is the current emphasis of economic development activities fn the area of Anoka County you represent? Nam lake -Job creation. Columbus --Developing municipal utilities and dealing with wetland issues, since 60% of Columbus is wetland. East Bethel -Biggest thing is working with the Met Council on building astand-alone sewer system to service the surrounding area and to enable development along the Hwy. 65 corridor. Fridley -Redevelopment concentrating on sites that are difficult to develop. City gets involved only if private sector can't da it on its own. Blaine - Re-thinking future plans in the northeast area. Burns Township - 90% of our community leaves the Township to work. Working on a commercial (and use plan to prepare for future and to become less of a bedroom community. Coon Rapids - lnfill development and redevelopment, particularly along Goon Rapids Blvd. There is a shift in demand towards the service sector. Most proposals are far office buildings, not industrial projects. We are also paying more attention to our housing stock. AGNRA - We can only work with cities and townships, our emphasis is on doing our part, in parks and recreation, transportation, the National Sports Center, TPG, Vikings stadium, etc. We need to create an inventory of what is available so we can give people options to stay in the County. City of Anoka -Transportation has come to the top of our fist, particularly on Hwy. 10 and 47. We are excited about the rail station coming to our community. Question 2. Let's travel in time to the year 2017. What economic development success stories will have made focal, state or regional headlines aver the fast 10 years? Nam lake - To have created a positive image for the City. Burns Township - Ta have become a sports tourism destination. Coon Rapids - To have completed redevelopment on Coon Rapid Blvd. and the success of commuter rail at both station sites. Anoka Gaunty -There is an interest in the Vikings stadium deal, it was successful at creating a positive image of what is available here. We have to look at the big picture, and work together. One of the things is to develop a theme, we were looking at a stadium and retail opportunities which could have made Anoka County and Blaine a sports and entertainment center in the upper Midwest. Columbus -Racetrack will be a cornerstone of our future development, and it will bring in utilities. ACNRA -Economic development is going to impact transportation needs in Anoka County, and rather than fighting to main#ain smaller road systems we need to reinvent Hwy. 65 as a full highway. ~~s i East Bethel - An entertainment area for Minnesota, potentially a NASCAR track in the northern part of the County. Fridley -Time is going to bring increased populations which will further increase the importance of transportation, in particular, it would be nice to have better north-south movement inn the County. ~. _ Herm Tolle - We are going to have development as individual entities, but our strength is in doing it together by ~. having a coordinating entity. We have to put it loge#her so that everyone agrees. Blaine - We have to move forward on issues such as crime, transportation, and image. If we don't advance in these areas Anoka County won't look much different 10 years from now. ~ Question 3. Based on these headlines, what should be the focus of economic development activities over the next 10 years? Anoka County - We have to focus on the problems we have; and realize some territorialism, We need to recognize that we have same competitiveness, and we need to be aware of this. We need to update our image from one of trailer parks and pole buildings, Additionally, we need to talk about outcomes and how we measure success. Flom Lake -Entertainment and transportation are two themes that came up the most. How will increased broadband internet availability change the employment landscape, can it be tied to easing transportation issues? ~~ Now can we provide leadership for these issues? ~; Blaine - A major factor in attracting bio-science industries is the availability of high-speed internet. How does the County and local governments go about ensuring that this resource is available? Will Anoka County reach the ~ maximum per-mile density necessary to spur private development of these networks? How does the County go about providing this? ~ Columbus - We are still on modems in Columbus. The focus needs to be on the young, small population cities like Columbus who are tied v~ith Wyoming and JOBZ on our borders. ~ ACHRA -How about concentrating on the impact from our youth? They era smart people, and we have to trust their instincts The older folks are hitting retirement, and the youth are going to be the job market. What are they going to be doing, and where? East Bethel - We need to look beyond just 10 years, as much as 50.100 years out. It's terrible haw much money has to be set aside for right-of-way acquisition. i~ieed to focus now on right-of=gray acquisition for projects that won't be occurring far another 50 years. Burns Township -Preparing ourselves would help, focusing on communication and the things that would invite commercial development, Coon Rapids -Planning, commitment and the viii to follow through with plans. Tao often the will to follow through is missing. Partnerships, building trust, and being able to work between different units of government come in baby steps. The more communication and good tai#h e#forts are put forth, the better place Anoka County will be. 120 APPENDIX IV Local Government Inventory Questionnaire 121 Loea1 Gove>.-nment Inventory Questionnaire Local Government Name: Name: Job Title: Tele hone Number: Email Address: 1. Do.you have: (Complete the taxes that apply} Yea~• Established Number of Members EDA I-IItA JIFtA w/EDA Poweps Port Authorit Economic Dev. Committee 2. If you have an EDA, are you using statdatoiy ability to levy? Yes ^ No ^ 3. If you have an HRA, are you using statutory ability to levy? Yes ^ No ^ 4. if you have a Port Authority, are you using statutory ability to levy? Yes ^ No ^ S. Do you have paid staff specifically dedicated to economic development aetivitO ? Zf yes, how many 1~'1"Es? Yes No 6. Please List examples of projects the EDA/HI.2A/Iacal government has funded within the Last five years, and the amount and type of_ fending used. Pro'eet Name Year T e of Fundin Amount of Fundin 122 7. What economic development tools have you been using or would you consider using? What tools would you absolutely not use? (Space is provided to add other types of economic development tools.) Please indicate below: Have Used Would Consider Would Not Use Carnmunity Development Block Grants Cantainination Cleanup and Investigation Grant Program Ecanoinic Development Autharity/Housing Redevelopment Authority Economic Development Fund Eminent Domain Livable Comer~unities Grant Minnesota Investment Fund Municipal State Aid Street Fund Redevelopment Grant Revolving Loan Fund/Interest Buy Dawn Programs • Special Assessment Special Service District , Tax Abatement Tax-Exempt Financing TiF -Redevelopment District ___. _._ T.IF -Renewal and Renovation District TIF -Housing District TIF ~- Ecano~nic Development District 123 ~' Q $. What other related economic development tools has your Iocality employed? (Space is provided to other types of local programs.) Have Would Would Not Used Consider Use Business Retention Program Locality Marketing Plan .tTT~~~ Workforce Training Programs Business Incubator Programs Job Skills Paz#nership Act 9. Have you exercised the option far the EDA/HRA to be a limited partner in a relationship? Why or why not? 10. What is the current emphasis of economic development activities in your community? - - - 11. Let's travel in time to the year 2017. What economic development success stories will have made local, county or regional headlines over the last 10 years? 124 12. Based on these headlines, what should be the focus of economic development activities over the next 10 years? I3. What barriers have Limited economic development in your local government? 14. Whafi has been your greatest c;conoanic development challenge? 1S. Describe Limitations that have been placed on the use of economic powers within your local government. 16. What projects have you wanted to do, but have been unable to accomplish? 17. If a County economic development organization were formed what factors would influence your participation? 125 1$. Please indicate the most recently adopted economic development goals far your local government in the space below M 6 0 ~._ 1' 19. Please list any recent studies and analytical research that has been prepared regarding the economic development environment in your local government. 20. The charts below show the lVletropolitan Council projections for Population, Housing and Employment growth in Anoka County between 2010 and 2030. If you have different projections for your locality please indicate in the space provided. Population .... 2010 2010 Cit Est. 2020 - 2020 -- Cif Est. 2030 - 2030 Cit Est.' _ Andover ~ 33,000 39,000 40,500 Anoka - 19;000 19,800 .. 20,800 Bethel 4S0 450 510 Blame 64;800 76,100 ~ 78;000 Burns Tw 4,480 4,990 . 5,800 ---- Ce~iterville 3,700. -- 4;100 - ..- ~ 4, Circle Pines 5;400 5,300 ~ ~ 5.400 Columbia Hei hts 20,000 21,400 21,700 Coliumbus 4,000 4,240 4,680 Coon Ra ids 65,700 66000 65,000 East Bethel 11,800 11,700 12,100 • Fridle 27,000 26,900 27,500 ~Y_ -__ a ~_ . nau~ Lase r r nnn ~.,,L~~ 1 S Inn ,..~., 15.200 HilIto 770 770 770 Lexin ton 2,250 2,250 2°300 Lino Lakes 22,500 26,300 30,700 Linwood Tw 4,420 5,000 5,400 Oak Grove 7,700 8,300 8,600 Ramse - 31,300 45,000 44,000 St. Francis 7,700 10,400 12,800 S rin Lake Park G,600 6,600 G,800 Anoka Count Total 358,270 399,810 413,260 126 households 2010 2010 Cit Est. 2020 2020 Cit Est. 2030 2030 • City Est. Andover 12,100 14,600 15,500 Anoka 7,900 8,500 9,000 Bethel 160 180 200 Blaine 24,000 29,300 31,200 Buz'ns Tw*~. 1,530 1,820 2,120_ Centerville 1,340 1,600 1,850 Circle Pines 2,050 2,100 2,200 Columbia Hei hts 8,600 9,200 9,300 Columbus 1,450 1,600 1,750 Coon Ra ids 25,600 26,500 27,000 East Bethel 4,210 4,420 4,640 Fridle 11,600 11,900 12,300 Hazn Lake 5,100 5,300 5,500 Hillto 410 410 410 Lexin ton 910 950 1,000 Lino Lakes 7,100 8,600 10,100 Linwood Tw 1,820 1,950 2,090 Oalc Grave 2,700 3,000 3,220 Ramse 10,900 16,200 16,500 _ S~t:.ri°ancis . _ _T ~ 2,800 .. 4,000 5,000: S rin Lake Park 2,700 2,750 2,950 Aiio1{a County Total 134,980 _ _ 154,880 163,830 - Erriployment 2010 2010 Cit. Est. 2020- ~ 2020 City Est. 2030 2030 City Est. Andover 4,200 4,800 5;200 -Anoka 14,400 15,200 16,200 Bethel - ~ 330 ~- 380 ' _ ~ 440 Blaine .. 20,100 21,600 23,100 Burns Tw 350 400 450' - ' 'Centerville 520 630 670 -Circle Pines 2,25fl 2,400 2,450 Columbia Hei hts 6,600 6,800 7,000 Columbus 730 900 i,vvv Coon Ra ids 24,200 26,000 27,800 East Bethel 1,380 ~ 1,500 1,610 Fridle 30,200 33,000 35,300 Ham Lake 3,050 3,200 3,450 Hillto 350 420 470 Lexin tan 880 1,050 1,120 Lina Lakes 2,950 3,300 3,550 Linwood Tw 140 150 160 Oak Grove ~ 500 600 680 Rarnse 6,700 9,100 11,300 St. Francis 1,630 1,400 2,220 S rin Lake Pazk 4,600 4,800 4,850 Anoka Count Total 12b,060 138,130 149:020 Please submit surveys to anokacounty@st~z•ingsted.cam by Ez-iday, February 23, 2007. Questions may be directed to Sharan l~hurrpp with Springsted at 051.223.3053 or at sklzzmppC~" snringsted.ca. 127 CITY COUNCIL LETTER ot: 5entember lU.LUU"/ AGENDA SECTION: CONSENT NO: ITEM: BUDGET WORK SESSION MEETING DATES NO: ORIGINATING DEPT: FINANCE BY: WILLIAM ELRITE BY. DATE: SEPTEMBER 5, 2007 DATE: CITY MANAGER APPROVAL Below are the budget work session meeting dates for the 2008 budget. Departmental budget reviews will begin with a short Powerl'oint presentation followed by questions and comments from the council and residents. This year staff is recommending a reduction in the number of work sessions that deal with budget concerns. As the City Council and staff significantly reduced tax-supported budgets in 2004 and have been ..orkiaag diligently to maintain dais reduced budget Level, it is the recommendation that the aa~.mber of budget work sessions also be reduced. Staff is proposing one overall budget work session that would cover the budget changes from 2007 to 2008, and a second budget work session that would be held prior to the Truth in. Taxation hearing to finalize the budgets and discuss what will be presented at the Truth in Taxation hearing. Staff presentation of 2008 budget changes: Wednesday, October 24 at 7:00 p.m. Murzyn Hall Recreation Commission and the Library Board meetings Monday, October 29 at 7:00 p.m. City Hall Conference Room Presentation of all budgets-changes from 2007-2008 Preparation far the Truth in Taxation hearing: Monday, November 19 at 7:00 p.m. Final Budget Work Session. Summary of total budgets. n ~~ _a., ~T,. .....1.~. ~ n n+ o.nn re,. :a,. ~:..n7 ,+n „aa t.. ,.ir to +t~,n ~;,-,n1 im 1V1V11Udy, 1VV Ve111VC1 17 Q4 ~.VV p.lll. 1lCil,lUG V111111Q1 c1A4D, RLLU-Va4RS, a11U 411N 1111[1114,V~'. Monday, December 3 at 7:00 p.m. City Council Chambers: Final budget meeting with the public. RECOMMENDED MOTION: Move to set budget work session meeting dates to review the 2008 budget as stated above. WEams o~o~osacourrcu. COUNCIL ACTION: 12$ CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: September 4, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for September 10, 2007. COUNCIL ACTION: 129 List of 2007 Rental Licenses to Approve Occupant' i.D. Property Owner Name Property Address 10089 Ace 20254 Crystal Corporation 30007 First Select Equities 30009 First Select Equities 30013 First Select Equities 10029 Osama Abdel-Kerim 20186 Jeffrey Ambrose 20078 Gary Anderson 20013 Shirley Apollo 10051 Jeff Bahe 30030 Vance Blahnik 340 10-NC John Boerger 10026 Ricardo Cadman 20227 Steven Caputo 20089 Jenn-Yuan Chen 20133 Chris Cornelius 20240 Chris Cornelius 10105 Christpher Fields 12134 Roger Gillespie 10140 Arvella Greenway 20049 Nurhan Kasar 20151 Kris Kienzle 20347 Bryan Kingsriter 12130 Duncan McClellan 12147 Kathryn Morales 10071 i~ettie iviurray 34009-NC Dale Nawrocki 10081 Walter & Sherri Newago 12205 Robert Odden 30077 Catalina Peralta 20381 Gary Peterson 30064 Michael Prokopiuk 10109 Theodore Risk 12005 Bruce Smith 20020 Leland Stanch 12153 Albert Urspringer 3850 La Belle 1349 CIRCLE TERRACE 4417 UNIVERSITY 4301 3RD 4241 3RD 5057 UNIVERSITY 1230 CIRCLE TERRACE 4630 Taylor 1132 45TH 3825 CENTRAL 647 37TH 1 7 33 37TH 3947 ARTH U R 1807 41ST 1211 CHEERY 4975 Tyler 1407 CIRCLE TERRACE 4149 MONROE 1010 42ND 3807 Gauvitte 1215 CIRCLE TERRACE 1356 CIRCLE TERRACE 4049 UNIVERSITY 4420 MONROE 673 51ST 3975 JACKSON 1331 42ND 5159 7TH 1203 42 1 /2 4550 MADISON 3713 BUCHANAN 3853 EDGEMOOR 501 40TH 3800 Tyler 4545 FILLMORE 3719 HAYES 09/04/2007 15:49 Aso Page 1 CITY COUNCIL LETTER Meeting of: September 10, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DA I E: Sept. 5, 200 7 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the September 10, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top of the license agenda you will notice a please stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Motion: Move to approve the items on the business license agenda for September 10, 2007 as presented. COUNCIL ACTION: 131 TO CITY COUNCIL September 10, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg North Suburban Heating *Liberty Comfort Systems *Oak Grove Plumbing Serv. AB & B Plumbing Inc *Alston Concrete & Masonry *Complete Comfort HVAC *RNJ Custom LLC *CBS Construction Ser *Polar Plumbing *Little Igloo HVAC *Rick's Plumbing *Terra's Canopies LLC 19066 Jasper, Anoka $60.00 627 E. River Rd, Anoka $60.00 19322 Linnet St NW, Oak Gr.$60.00 25593 109`h St, Zimmerman $60.00 16369 Javari Crt. Lakeville $60.00 7610 Jasmine Ave S. Cott Gr $60.00 1009 58`h Ave N, Brk Ctr $60.00 7062 Brooklyn Bl, Brk Ctr $60.00 6087 46`h St N, Oakdale $60.00 1829 135t" Ave NW, Andover$60.00 1701 221St Ave NW, Cedar $60.00 3610 46 '/z Ave, Robbinsdale $60.00 *Albers Mechanical 200 W. Plato Blvd, St Paul $60.00 132 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September 10, 2007 STATE 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 122737 through 122872 in the amount of $ 1 108 028.45 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 133 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 09/06/2007 13:11:01 Check History GLOSOS-V06.74 COVERPAGE GL540R * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L Report Selection: Optional Report Title.......09/10/2007 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 Exp/Rev Closing Entries thru t:hru t:hru t:hru t:hru 122737 t:hru 122872 t:hru t:hru t:hru t;hru t:hru t:hru t:hru t:hru N Run Instructions: Jobq Banner Copies Form Printer Hold Space: LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y 134 ACS FINANCIAL SYSTEM 09/06/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGIiTS Check History GL540R-V06.74 PAGE 1 09/10/2007 COUNCIL FISTING CFtECK NUMBER AMOUNT AMERICAN BOTTLING COMPAN 122737 87.96 APPLE VALLEY/CITY OF 12;2738 165.00 BELLBOY CORPORATION 1'<;2739 5,980.70 BERLSON IMPORTS 12:2740 295.00 BOURGET IMPORTS LLC 12:2741 288.00 CAPITOL BEVERAGE SALES L 1<;2742 38,384.97 CENTER POINT ENERGY 1<"",2743 713.72 CHISAGO LAKES DISTRIBUTI 12:2744 8,143.89 CITY OF COLUMBIA HEIGHTS 1<`:2745 129,055.46 COLUMBIA HEIGHTS I 122746 9,707.76 COLUMBIA PARK MEDICAL GR 12!2747 14,663.69 DANIMAL DISTRIBUTING INC 1.2748 969.40 ESCHELON 122749 162.42 FARNER-BOCKEN 122750 3,035.18 FIRST STUDENT INC 12!2751 1,639.28 FISH/ANNETTE 1.2!2752 235.00 G & K SERVICES INC 122753 230.58 GENUINE PARTS/NAPA AUTO 12!2754 449.87 GRIGGS-COOPER & CO 1.2?2755 3,075.82 HARTFORD FIRE INSURANCE 122756 5,145.00 HOHENSTEINS INC 12?2757 7,815.46 JJ TAYLOR DIST OF MN 12?2758 37,307.78 JOHNSON BROS. LIQUOR CO. 1<'?2759 3,131.54 KIBLER/JANE 1<'?2760 12.28 KIWI KAI IMPORTS 12?2761 55.90 MN EROSION CONTROL ASSOC 1<'?2762 90.00 MOTION PICTURE LICENSING 1.2?2763 193.00 NEEDHAM DISTRIBUTING CO 1'1.2764 263.45 PETTY CASH - KAREN MOELL 12?2765 190.45 PITNEY BOWES LOUISVILLE 12?2766 110.74 ROLLER GARDEN l:?2767 96.00 SARGENT/JEFF 12?2768 13.58 SCOTT/LARRY 1:?2769 51.28 SHAMROCK GROUP/ACE ICE 1:?2770 362.72 SPECIALTY WINES & BEVERA 122771 136.00 SURLY BREWING CO INC 122772 480.00 UNIVERSITY OF MINNESOTA 1:2773 205.00 VERIZON WIRELESS 122774 1.96 VERTICAL ENDEAVORS, INC. 1?.2775 223.76 VINOCOPIA INC 1"?_2776 98.50 WELLS FARGO BANK 122777 4,931.67 WINDSCHITL/KEITH 1:?2778 168.54 WINE COMPANY/THE 122779 722.35 WINE MERCHANTS 122780 657.80 WORLD CLASS WINE 122781 2,039.00 XCEL ENERGY (N S P) 122782 69.01 NORTHEAST BANK 122783 626,737.50 135 ACS FINANCIAL SYSTEM 09/06/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGFITS Check History GL540R-V06.74 PAGE 2 09/10/2007 COUNCIL LISTING CE':ECK NUMBER AMOUNT ARCH WIRELESS/METROCALL 122784 95.87 CENTRO BRADLEY SPE 5 LLC 122785 1,779.64 COLUMBIA HEIGHTS I 122786 5,570.70 DEX MEDIA EAST LLC 122787 71.10 FIRST NATIONAL INSURANCE 122788 1,000.00 FLOOD/VALERIE 122789 219.56 GENUINE PARTS/NAPA AUTO 122790 590.00 INDEPENDENT SCHOOL DIST 122791 945.00 JOHNSON BROS. LIQUOR CO. 122792 7,837.13 LANDI/MARIA 12.2793 55.00 LARKIN/JOHN 122794 79.54 MACK/COLLEEN 12,2795 5.95 MARK VII DIST. 12.2796 13,580.78 NEUBURGER/PAUL 12:2797 225.77 ORTIZ/VIRGINIO 122798 26.12 PHILLIPS WINE & SPIRITS 12,2799 17,461.12 SEVETT/COREY 12,2800 1,700.00 SPRINT INC 12;2801 85.88 STREETAR/ROBERT 12:2802 74.00 STREICHER'S GUN'S INC/DO 122803 109.05 VERIZON WIRELESS 12;2804 140.39 WAL-MART 12,2805 100.00 WAYZATA/CITY OF 12:2806 24.95 XCEL ENERGY (N S P) 1'1,2807 5,696.09 YMCA 12:2808 12,500.00 YOUNG/KATHY 12:2809 42.00 A & C SMALL ENGINE 12:2810 5.71 ACCENT PROMOTIONS INC 12:2811 479.72 ACE HARDWARE 12.2812 5.85 AMERICAN LEGAL PUBLISHIN 122813 1,593.00 ANCOM COMMUNICATIONS INC 12.2814 59.93 ANOKA COUNTY - GOVT CEN 1.2815 534.70 ASPEN MILLS, INC. 12:2816 1,097.33 BONESTROO ROSENE ANDERLI 12!2817 1,440.00 BOYER TRUCK PARTS 12!2818 23.81 BRAKE & EQUIPMENT WAREHO 1!2819 217.89 BRAUN INTERTEC CORP 122820 14,242.76 BUETOW AND ASSOCIATES IN 1!2821 1,000.00 CATCO PARTS SERVICE 12!2822 306.65 CENTERPOINT ENERGY HM SR 1.2!2823 40.00 CENTRAL IRRIGATION SUPPL 1<'.2824 268.04 GRADER BUSINESS EQUIP CO 12!2825 191.38 DAKOTA COUNTY RECEIVING 122826 63.00 DAVES SPORT SHOP 12'.2827 125.14 DON'S CAR WASHES 1<?2828 2,089.04 EGAN OIL COMPANY 12:2829 3,757.77 EMERGENCY AUTOMOTIVE TEC 1<''.2830 52.45 136 ACS FINANCIAL SYSTEM 09/06/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 09/10/2007 COUNCIL LISTING CE`ECK NUMBER AMOUNT ESS BROTHERS & SONS INC 12.2831 1,357.88 FORCE AMERICA 122832 82.56 FRIDLEY LITTLE LEAGUE 122833 100.00 G & K SERVICES INC 122834 1,459.11 GENE'S WATER & SEWER INC 122835 4,723.45 GENUINE PARTS/NAPA AUTO 122836 72.09 GILLUND ENTERPRISES 12.2837 46.60 GS DIRECT 12.2838 76.50 HOME DEPOT #2802 12.2839 420.43 I.T. VERDIN CO INC 12.2840 495.00 IDEAL ADVERTISING INC. 12,2841 300.00 INDUSTRIAL MACHINERY CO 122842 84.95 INTEGRATED LOSS CONTROL 122843 362.00 IPC PRINTING 12:2844 47.94 ISANTI COUNTY EQUIPMENT 12.2845 28.08 KIWANIS COLUMBIA HTS-FRI 122846 444.23 KIWANIS GOLDEN K FRID-CO 122847 444.22 LYLE SIGNS INC 122848 109.75 MAC QUEEN EQUIPMENT CO. 12;2849 393.45 MEDICS TRAINING INC 122850 400.00 MENARDS CASHWAY LUMBER-F 122851 912.40 METRO WELDING SUPPLY 122852 51.10 MIDWEST ASPHALT CO. 122853 81,448.73 MIDWEST LOCK & SAFE INC 122854 382.28 MZNNEAPOLIS SAW CO. 122855 56.39 MINNESOTA COUNTY ATTORNE 12:2856 1,155.53 OFFICE DEPOT 122857 72.33 PIONEER RIM & WHEEL CO. 122858 55.50 QUICKSILVER EXPRESS COUR 122859 19.78 ROYAL TIRE 12;2860 627.23 S & T OFFICE PRODUCTS IN 122861 145.69 STAPLES BUSINESS ADVANTA 12:2862 69.52 STEEL TECH INC 12:2863 205.01 SUN PUBLICATION INC 122864 1,361.00 SURPLUS SERVICES 12:2865 35.00 T-MOBILE INC 122866 185.79 TESSMAN CO 122867 698.65 TKDA, INC 12;2868 2,119.78 TOXALERT, INC. 1<''.2869 441.00 TWIN CITIES TRANSPORT & 1<"":2870 125.67 VERIZON WIRELESS 12:2871 177.77 WERNER ELECTRIC SUPPLY C 1<';2872 30.28 1,108,028.45 *** 137 ACS FINANCIAL SYSTEM 09/06/2007 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 09/10/2007 COUNCIL LISTING CF.`ECK NUMBER AMOUNT 1,108,028.45 RECORDS PRINTED - 000664 138 ACS FINANCIAL SYSTEM 09/0 6/2007 13:11:03 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 20,796.52 201 COMMUNITY DEVELOPMENT FUND 426.18 212 STATE AID MAINTENANCE 1,440.00 240 LTBRARY 354.15 261 TWENTY-FIRST CENTURY PROGRAM 2,124.04 350 GO TI REFUNDING BONDS 2004A 626,737.50 370 TIF S7: HSG & REDV TIF DISTl 11.70 372 HUSET PARK AREA TIF (T6) 11.70 376 TAX INCREMENT BONDS 23.40 377 SHEFFIELD - TIF (M8) 11.70 378 MEDTRONIC - TIF (N7) 11.70 379 HOUSING TIF #1 SCATTER 23.40 385 MULTT-USE REDEVELOPMENT PLAN 11.70 386 HOUSING TIF #2 11.70 389 R8:TRANSITION BLK REDEVELOP 11.70 405 DOWNTOWN MAINTENANCE 14,663.69 412 CAPITAL IMPROVEMENT PARKS 1,000.00 415 CAPITAL IMPRVMT - PIR PROD 85,X9.77 418 COMMUNITY CTR CAPITAL BLDG 12,544.55 420 CAP IMPROVEMENT-DEVELOPMENT 19.78 436 CAPITAL EQUIP REPLACE-LIQUOR 10,294.96 601 WATER UTILITY 5,025.37 602 SEWER UTILITY 276.44 603 REFUSE FUND 1,128.63 604 STORM SEWER UTILITY 1,955.49 609 LIQUOR 175,579.32 651 WATER CONSTRUCTION FUND 2,702.89 652 SEWER CONSTRUCTION FUND 42.00 701 CENTRAL GARAGE 8,329.44 720 DATA PROCESSING 1,546.50 883 CONTRIBUTED PROJECTS-OTHER 502.07 884 INSURANCE 6,145.00 885 PAYROLL FUND 129,055.46 TOTAL ALL FUNDS 1,108,028.45 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 1,108,028.45 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 139 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 09/06/2007 13:11:03 Check Histos-y GL0605-V06.74 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION TOTAL ALL BANKS DISBURSEMENTS 1,108,028.45 140 CITY COUNCIL LETTER Meetin of: Se tetnber 10, 2007 AGENDA SECTION: ITEMS FOR CONSIDERATION NO: ORIGINATING DEPT: Finance CITY MANAGER APPROVAL ITEM: BEING A RESOLUTION ADOPTING A PROPOSED BY: William Elrite BY: BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A DATE: 09/05/2007 TAY RATE INCREASE A~3D ESTABLISI-IING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE 1N 2008 NO: Attached is the draft resolution and council packet that was discussed with the City Council at the September 5, 2007 work session. At the work session the City Manager presented his budget recommendations along with the recaznmendation that the council consider increasing the proposed levy by $70,000 for contingencies. In addition to this, the Mayor recommended adding an additional police officer. Staff has drafted a proposed budget levy resolution that encompasses these changes and is presenting three alternatives. Staff is recommending that the City Cotmcil adopt the proposed resolution (Alternative 1) that includes a 26`x' police officer in the General Fund'uudgei and a $70,000 contingency for fitiure adds. An iiem thai could be considered under this contingency amount is the need for additional library services and additional staffing. W ith the LGA cuts, part-time staffing at the library has not been reinstated. With the current economy the demand for library services is growing and it is becoming increasingly more difficult to provide the service level needed with the current level of staffing. Staff is reconunending the adoption of the levy at the highest atnotint (Alternative t) that the council is considering as when the final levy is adopted, it can be reduced but it cannot be increased. If a lower amount is adopted as the proposed levy it cannot be increased in the final levy adoption. Some people feel that the preliminary levy should be set at a low level because it is never reduced in the fnlal levy. This is not always cotrect as in 2004 the proposed levy for 2005 was reduced by $139,449 when the final levy was adopted. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-158 there being ample copies available for the public. ALTERNATIVE #l : (includes $70,000 contingency and an additional Police Officer at $59,695) RECOIVLMENDED MOTION: Move to adopt Resolution 2007-158 being a resolution adopting a proposed. budget, setting the General, Library and EDA proposed levy at $6,916,895, establishing a budget hearing date for property taxes payable in 2008 for December 3, 2007 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of $196,241. ALTERl`dATIVE #2: (Includes $70,000 contingency. Does Not include an additional Police Officer) RECOMMENDED MOTION: Move to adopt Resolution 2007-158 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,857,200, establishing a budget Bearing date for property taxes payable in 2008 far December 3, 2007 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of $196,241. ALTERNATIVE #3: (Does Not Include a contingency or an additional Police Officer) RECOMMENDED MOTION: Move to adopt Resolution 2007-158 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $6,787,200, establishing a budget hearing date for property taxes payable in 2008 for December 3, 2007 at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of $196,241. 0709a5lCOUNCIL Attaclm~ettt: Resolution 2007-158 I COUNCIL ACTION: 141 DRAFT FQR DIS~~..~SSIQN AT THE SEPTEMBER STS VtjQRK SESSIaN CITY COUNCIL LETTER Meeting of: September 10, 2007 AGENDA SECTION: CONSENT NO. ORIGINATING DEPT: Finance CITY MANAGER APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: William Elrite BY: PROPOSED BUDGET FOR THE YEAR 2008, SETTING THE PR(~POSE,L) CITY L EVY; APPROVING THE HRA DATE: 09/05/2007 LEVY, APPROVING A TAX RATE INCREASE AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008 NO: In the City Manager's original proposed budget he proposed a levy increase of $346,282. Part of this increase, $59,695, was for the addition of a 26`h police officer. At this time, the City has been awarded a grant to cover the cost of the 26`h officer. Subsequently, this reduces the City Manager's proposed levy increase to $286,587 or approximately 4.41 %. However, the City Manager is still encouraging the council to add a contingency amount to this levy for items that the council may want to consider adding to the budget, or for other things the council may want to do during the year. The amount that the City Council adopts is a preliminary levy, it can later be reduced but it cannot be increased. As an example, adding $70,000 to the levy for contingencies would make the levy increase $356,587 or a 5.49% increase over the 20071evy. As the grant was received too late to make the changes to the proposed budget document, staff has attached a worksheet showing the effect of the grant on the levy and the Police department budget. These changes will be made to the final adopted budget along with any other City Council additions or deletions. It should be noted that the City Manager's proposed budget uses $150,062 in General Fund, fund balance. At the end of 2006 fund balance did not meet the amount designated for reserve requirements. It was actually $347,991 below what is required for our 45% fund balance reserve. In addition to this, the EDA has discussed transferring $138,000 from. the General Fund to an EDA Housing fund. Although it is anticipated that we will see an increase to fund balance at the end of 2007, we will still be below the required 45%. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-158 there being ample copies available for the public. ($ Levy Increase) RECOMMENDED MOTION: Move to adopt Resolution 2007-158 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $ , establishing a budget hearing date for property taxes payable in 2008 for December 3, 2007 at 7:00 p.an. in the City Council Chambers, approving a tax rate increase, and approving the HRA levy of $ 196,241. WE:sms 0709051 COUNCf L Attachment: Resolution 2007-158 COUNCIL ACTION: City of Columbia Heights, Minnesota 2008 Levy and Budget Changes To the City Manager's Proposed Budget Document Revised 09/06/2007 After Worksession discussion Levy Amount Increase From Prior Year Amount Percent 2007 Adopted Levy 6,500,613 2008 Levy Options City Manager Proposed Levy 6,846,895 346,282 5.33% Reduction for Police Officer Grant 59,695 Revised Manager Proposed Levy Alternative 3 6,787,200 286,587 4.41 Add for contingency 70,000 Revised City Council Proposed Levy Alternative 2 6,857,200 356,587 5.49% Add for 26th Police Officer 59,695 City Council Revised Levy Alternative 1 6,916,895 416,282 6.40% Additions and Deletions to the Bud et Bud et Chan es General fund City Manager Proposed Bullet 9,138,957 Reduction for Police Officer Grant 59,695 Revised General Fund Budget Alternative 3 9,079,262 Increase fnr Contingencies __ ___. _ 70.000 Revised General Fund Budget Alternative 2 9,149,262 Increase for 26th Police Officer 59,695 City Council Revised Budget Alternative 1 9,208,957 142 Alternative #1 RESOLUTION 2007-158 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, IMPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008. NOW, THEREFORE BE !T RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adapted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adapted with appropriations for each of the funds listed below. Expense General Fund 9,208,957 Community Development Fund 597,133 Economic Development Fund 274,863 State Aid 148,949 Cable Television 123,333 Library 719,156 DARE Project 5,375 Infrastructure 113,792 Capital Improvement 345,000 Capital Equipment Replacement Funds 461,815 Construction Funds 1,054,300 Central Garage Fund 579,273 Liquor Operating 7,901,783 Liquor Capital/Non-Operating 319,042 Water Utility Fund 2,209,771 Sewer Utility Fund 1,660,244 Refuse Fund 1,399,299 Storm Sewer Fund 387,556 Data Processing 268,532 Debt Service Fund 2,470,750 Total Expense Including (nterfund Transfers 30,248,923 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008: Revenue General Fund 9,208,957 Community Development Fund 597,133 Economic Development Fund 274,863 State Aid 14$,949 Cable Television 123,333 Library 719,156 DARE Project 5,375 Infrastructure 113,792 Capital Improvements 345,000 Capital Equipment Replacement Funds 461,815 Construction Funds 1,054,300 Central Garage Fund 579,273 Liquor Operating 7,901,783 Liquor Capital/Non-Operating 319,042 Water Utility Fund 2,209,771 Sewer Utility Fund 1,660,244 Refuse Fund 1,399,289 Storm Sewer Fund 387,556 Data Processing 268,532 Debt Service Fund 2,470,750 Total Revenue including lnterfund Transfers 30,248,923 143 Alternative #1 RESOLUTION 2007-158 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, IMPROVING A 7AX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008. Section C. The fallowing sums of money are levied for the current year, collectable in 2009, upon the taxable property in said City of Columbia Heights, far the following purposes: Estimated General Fund Levy 6,305,764 Estimated Library Levy 532,509 Estimated EDA Fund Levy 78,622 Total 6,916,895 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 : Thak the City has adequate fund balances and reserves to pay 2008 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2008. BE IT FURTHER RESOLVED: That the City shall levy a General Obligation Bond Series 2007A in the amount of $128,475.17 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2008. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this -------------------day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayer Gu ;. ®eterson 144 Gity of Columbia Heights Proposed Property Taxes 2ao3-2o0$ Prepared 08/15/2007 Based on a 5.33% Property Tax Levy Increase 2003 20{!4 2005 2006 2007 2008 Actual Adopted % of Adopted % of Adopted % of Adopted % of Proposed °I° of Pro ert Taxes Le Le Increase Le Increase Le Increase Le Increase Le Increase Library 433,585 433,585 438,835 478,319 519,981 532,509 EDA 140,569 84,965 84,965 84,965 140,898 78,622 General Fund 4,243,830 4,928,710 5,578,737 5,784,253 5,839,734 6,235,764 Total Levy 4,817,984 5,447,260 6,102,537 6x347,537 6,500,613 6,846,895 Increase from Prior Year N/A 629,276 655,277 245,000 153,076 346,282 Total Levy ,Certified to County 4,817,984 5,447,260 :13.06°%~ 6,102,537 ~_ 1`~U3''~o 6,347,537 4.01 ~0 . ~_41 °/a 6,500,613m .._ _ ~- 6,846,895 ~ 5.33';a P~e~~ Wide i~Fi~ ~~I Disparities) 1,037,040 1 010 487 1 010 487 . . 1 010 4$7 n ~ 1 054 537 1 077 181 , ~`6~=a1 t_~~ry 3,780,944 4,436,773 17.351 5,092,050 ~ 14 ~T7~o 5,337,050 ~ 4 87 °%°- 5,446,076 ~~~~<<O~~D Fy 5,769,714 5y°~~ Amount of Levy Increase 629,:176 655,277 245,000 153,076 346,282 City of Columbia Heights Proposed 2008 Budget History of Local Government Aid Prepared 0$!07/2007 Cumulative Total Aid Year Certified LGA (Loss} Increase in LGA (Lost) Original Aid Certified for Columbia Heigh 2003 2,651,999 N/A N/A Aid After 2003 Legislative Reductions 2003 1,955,299 (696,700) (696,700) 2004 1,603,203 {352,096) (1,048,796) 2005 1,058,477 (544,726) (1,593,522) 2006 1,028,487 (29,990) {1,623,512) 2007 1,238,594 210,107 (1,413,405) 2008 1,260,148 21,554 (1,391,851) Total LGA lost in 6 years (7,767,786) Comparison of lost LGA to Levy Increase Levies Certified for Columbia Heights Pro otai Levy increase in 5 years Cumulative revenue from Increase In Amount of Levy Year Certified Levy Levy Increases 2003 4,817,984 6,146 6,146 2004 5,447,260 629,276 635,422 2005 6,102,537 655,277 1,290,699 2006 6,347,537 245,000 1,535,699 2007 6,500,613 153,076 1,688,775 2008 6,846,895 346,282 2,035,057 7,191,798 1_ost LGA during the same 5 year period of time 7,767,786 _~. --~~ - - . (het Rev~r~,Lie~a~s fo ~fh~~~ty (57~ 983 -. City of Columbia Heights, Minnesota 2x08 Revenue by Saurce General Fund Library EDA Total Taxes (5.33% Levy) 6,235,764 532,509 78,622 6,846,895 HRA Levy 0 0 196,241 196,241 Licenses & Permits 133,600 0 0 133,600 Intergovernmental Revenue 1,530,242 150,062 0 1,680,304 Charges for Services 505,465 9,500 0 514,966 Fines & Forfeits 128,000 15,000 0 143,000 Miscellaneous 85,500 4,700 0 90,200 Sales & Related Charges 0 0 0 0 AElocations 0 0 0 0 Transfers In & Non Revenue Receipts 370,323 50 0 370,373 Total revenue 8,988,895 711,821 274,863 9,975,579 Fund Balance Used 150,062 7,335 0 157,397 Total Revenue & Fund Balance Used 9,138,957 719,156 274,863 10,132,976 Budget expense 9,138,957 719,156 274,863 10,132,976 147 City of Columbia Heights, Minnesota Comparison of Tax Supported Funds 2005 - 2008 .City Manager's InclC3ec Actual Actual ;: Adopted Proposed from -.2005 2006 '2007 2008.. 2007 General Fund 41110 Mayor-Council 171,499 178,893 179,484 189,923 10,439 41320 City Manager 400,809 377,982 397,698 398,026 328 41410 Elections 8,059 35,250 0 49,588 49,588 41510 Finance 578,466 600,423 636,000 656,173 20,173 41550 Assessing 91,472 96,842 107,670 106,415 (1,255) 41610 Legal Services 165,164 166,620 186,500 186,500 0 41940 General Government Bldg 152,017 111,193 156,139 159,212 3,073 42100 Police 2,593,337 2,696,255 2,895,805 3,046,505 150,700 42200 Fire 1,044,577 1,066,929 1,090,505 1,159,768 69,263 42500 Civil Defense 23,796 23,063 30,330 22,344 (7,986) 42700 Animal Control 12,891 12,815 15,470 15,470 0 43000 Public Works 0 0 0 0 0 43100 Engineering 369,243 342,584 311,316 321,402 10,086 43121 Streets 659,728 593,999 713,060 760,897 47,837 43160 Street Lighting 128,731 129,485 145,354 151,167 5,813 43170 Traffic Signs ~ Signals 74,797 83,125 73,932 81,182 7,250 43260 Weed Control 11,864 22,654 21,503 21,493 (10) 45000 Recreation Administration 151,804 157,485 155,111 158,608 3,497 45001 Youth Athletics 29,088 27,466 33,293 33,293 0 45003 Adult Athletics 25,999 20,151 36,495 29,419 (7,076) 45004 Youth Enrichment 26,358 33,540 49,779 64,104 10,325 45005 Travel Athletics 22,171 21,912 32,268 31,139 {1,129) 45006 Back to the Parks 0 0 0 0 0 45030 Trips & Outings 61,843 61,909 56,172 57,212 1,040 45040 Senior Citizens 73,028 78,022 78,270 81,689 3,419 d5f15f1 RRrnnnitinnlSn~rial FvPni ~1 RR~ ~(1 ~A4 :~:i_7~0 33.700 ......... 45129 .....,.,~.........._.r.....,.... _..,... Murzyn Hail _.,_-- 188,696 --~-- 211,383 -- -- 212,069 -- -- 228,230 16,161 45200 Parks 691,601 713,759 713,722 735,514 21,792 46102 Tree Maintenance 152,262 129,058 120,255 128,984 8,729 46103 Dutch Elm Sanitation 357 545 0 0 0 46104 Dutch Elm Replanting 0 0 0 0 0 49200 Contingencies 2,181 0 44,836 50,000 5,164 49300 Transfers 1,258,630 85,000 185,000 185,000 0 Total General Fund ~~,2~2,350 8.1~'~ 9;037 S';~ 11,73a ~ 1`~i8,95•,,.7 ~2~ ,Z~~1a Economic Development Authority 46314 Econ Development Author 635,678 246,331 317,228 274,863 (42,365} Total EDA X3:5,678 24~633~ 3`7,228 27`4{„G3 (4k~,3'65')' Library 622,280 45500 Library 643,584 683,095 719,156 36,061 4, Total Ltbra '-"?" ~fSn ~ 1 z rp,~ r~n~ `rim -~, +~ r_'.C-' fir, !'1h 148 City of Columbia Heights Proposed 2008 Budget Levy and LGA Comparison 2003 to 2008 Prepared 08/15/07 200 3 General Fund Libra Fund EDA Fund Total Levy 4,243,830 433,585 140,569 4,817,984 LGA 2;476,249 175,750 0 2,651,999 After Legislative Reductions 1,812,717 141,850 0 1,954,567 Total 6,720,079 609,335 140,569 7,469,983 200 4 General Fund Libra Fund EDA Fund Total Levy 4,928,710 433,585 84,965 5,447,260 LGA 1,453,141 150,062 0 1,603,203 Total 6,381,851 583,647 84,965 7,050,463 200 5 General Fund Libra Fund EDA Fund Total Levy 5,578,737 438,835 84,965 6,102,537 LGA 908,411 150,062 0 1,058,473 Total 6,487,148 588,897 84,965 7,161,010 200 6 -- General Fund Library Fund EDA Fund Total Levy 5,784,253 478,319 84,965 6,347,537 LGA 878,425 150,062 0 1,028,487 Total 6,662,678 628,381 84,965 7,376,024 200 7 General Fund Library Fund EDA Fund Total Levy 5,839,734 519,981 140,898 6,500,613 i r_ n ~ nstst F~7 4 tin nF~ !1 1 ?'~R 5Ad Total ~ 6,928,266 i 670,043 ~ 140,898 ~ 7,.739,207 200 8 General Fund Library Fund EDA Fund Total Levy LGA Total 6,235,764 1,110,086 7,345,850 532,509 150, 062 682,571 78,622 0 78,622 6,846,895 1,260,148 8,107,043 Chan e from 2007 to 2008 General Fund Libra Fund EDA Fund Total 2008 Increase in LGA 2008 Increase in LGA 19,318 1.77% 2,611 1.74% 0 0.00% 21,929 2.07% 200$ Levy Increase 396,030 ~ 12,528 ~ (62,276} 346,282 i 2008 Levv Increase 7.10% 2.85% -73.30°f° 5.33°/Q 6 149 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Se tember 10, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1530, Zoning BY: Jeff Sargent, City Planner BY: Amendment to the Zoning Code as it Relates to DATE: September 5, 2007 Interim Uses. BACKGROUND: Staff recommends amending the zoning code to allow Interim Uses throughout the various zoning districts in Columbia Heights. "Interim Use" would be defined as: "A temporury use of'property t~zntil a partiez-zlar date, until the occru•rence of a particuiar event, or until ~orzing regulutions no i©rz~er° per snit it. " Such uses shall include: fireworks sales, residential greenhouses, outdoor agricultural/produce sales and outdoor Christmas tree sales. Currently, the zoning code only addresses seasonal agricultural sales (including Christmas tree sales), which have historically been permitted through the Conditional Use Permit process, and allowed fora 90-day period. The zoning code does not regulate the use or location of fireworks sales tents or residential greenhouses. The establishment of the Interim Use ordinance will allow for better regulation and enforcement of seasonal activities that are currently not controlled. Currently, all fireworks sales tents and displays are required to obtain a permit and meet specific criteria set forth by the Fire Department. However, these sales are not regulated by the zoning code, meaning that there are no set standards for where these tents can be located, how much signage these businesses may utilize and how long these events may last. The Interim Use ordinance will establish a consistent standard for permitting these seasonal types of uses. RF.C'(1MMF.NT1F.il M(lTi(lN• Move to waive the reading of Ordinance No. 1530, being ample copies available to the public. Move to set the second reading of Ordinance No. 1530, for Monday, September 24, 2007, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1530 (1'" R~adirza Format), P+Z Re or-t COUNCIL ACTION 150 C 1 TY OF COLUMB 1 A HE 1 GHTS PLANN 1 NG REPORT CASE NUMBER: 2007-0902 DATE: September 5, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Interim Uses PREPARED BY: Jeff Sargent, City Planner B~`.CK~EZi7!!~!~ Staff recommends amending the zoning code to allow Interim Uses throughout the various zoning districts in Columbia Heights. "Interim Use" would be defined as: "A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. " Such uses shall include: fireworks sales, residential greenhouses, outdoor agricultural/produce sales and outdoor Christmas tree sales. Currently, the zoning code only addresses seasonal agricultural sales (including Christmas tree sales), which have historically been permitted through the Conditional Use Permit process, and allowed for _ nn _e _.. .___e__e -re__ __._e.__. __r_ _e___ .__a .___...e_a_ ae__ .._- _._ e___ae_~ _.e s__. _.... _e._. yv-cagy ~erecau. r rr~ ~Urs~re~ Gc.aca~ uc~~~ rrU~ r~c~u~~~~ ~r~~ u5e ur wc:ac~vrr ~A si-~~nrurr~s sales tents or residential greenhouses. The establishment of the Interim Use ordinance will allow for better regulation and enforcement of seasonal activities that are currently not controlled. Currently, all fireworks sales tents and displays are required to obtain a permit and meet specific criteria set forth by the Fire Department. However, these sales are not regulated by the zoning code, meaning that there are no set standards far where these tents can be located, how much signage these businesses may utilize and how long these events may last. The Interim Use ordinance will establish a consistent standard for permitting these seasonal types of uses. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for economic City of Columbia Heights Planning Commission September 5, 2007 Text Amendment, Interim Uses Case # 2007-0902 and commercial vitality found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Encouraging the continuation and enhancement of existing businesses within the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heiahts. The Interim Use ordinance regulates seasonal outdoor sales events by establishing a consistent process for each type of activity. The Planning Commission's discretion on these uses will help achieve the goals of the Comprehensive Plan by ensuring that the seasonal businesses conform to setback requirements, utilize the correct amount of signage, do not disrupt the permanent businesses in the area, and provide safe and friendly environments for residents and visitors. FINDINGS OF F~-CT The City Council shall make the following four findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plan. The proposed amendment would help ensure that the specific goals for economic development as stated in the Comprehensive Plan are met, by regulating seasonal commercial activity. b} The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment wauld establish standards for seasonal commercial activity throughout the city that would help ensure the general health, safety and welfare of the public. c} iNhere the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of Page 2 152 City of Columbia Heights Planning Commission September 5, 2007 Text Amendment, Interim Uses Case # 2007-0902 property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motior2~ The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachrr'iergts • Draft Ordinance Page 3 153 DRAFT ORDINANCE NO. 1530 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Chapter 9, Article i, Section 9.104 (B)(2)(b)(3} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Aztitlzority aizd duties for administration. (2) Zoning Administrator. (b) Ditties. The Zoning Administrator shall have the following racnnnsihilitiac• ~1. ................... 3. Receive, file and forward all applications for appeals, variances, conditional use permits, interim use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Chapter 9, Article I, Section 9.104 (B)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.104 ADMINISTRATION AND ENFORCEMENT. 154 (B) Aa~thority czi2d duties for adnTinists•atia~a. (4} Planni~ag Cosnnzissio~~~. (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the final decisions on all applications for an interim use as defined in this article. ~:3. Hear and snake recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 3-:4. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 4-5. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. ~-:6. Review this article from time to time and make recommendations to the City Council that changes be initiated. ~:7. Hear and make recommendations on any other matter refereed to it by the City Council. **N(1TF** F`riclina fi 41l1d lRlldl/hl/7l and R 91()d lRl(dl(hl!'t_(1 chap hP ...,. sue.. ~...~.., ...~~b ~ tea.. \Y/\'/\"'/\»/ »~~» ~ ~.~.. \."'/\'/\^'/\., ../ ..._»__ ..._ renumbered accordingly. Chapter 9, Article I, Section 9.104 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (I) Interim uses. (1) Purpose. The interim use process provides for a temporary use of land for a specific period of time, and may be allowed upon demonstration that such use sets identified standards established in this article. It is intended that the inters 155 use of land does not run with the land, and would need to be approved upon each subsequent use. (2) Right of application. Any person with a legal interest in the property may file an application for an interim use, provided said interim use is identified as an interim use within the zoning district in which the property is located. (3) Application for interim use. An application for an interim use shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the complete application for an interim use in accordance with the regulations of this section. After the close of the public hearing, the Planning Commission shall make findings and make the final decision regarding the application. (5) Required fcndings. The Planning Commission shall make each of the following findings before granting an interim use: (a) The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the imxnPrHatp V~~sn~t~ (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 156 (6) Conditions of approval. The Planning Commission may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. (7} Time duratian. An interim use shall be granted for a maximum of ninety (90) days per calendar year, unless otherwise specified in this article. (8) Disconti~zuance. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an interim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing § 9.104 (I) and § 9.104 (J-O} shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses acrd straactaar°es. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: {~ s (b-}(5) Other terraporary vases. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and shuctures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C} Specific Developrraent Standards. The following uses are subject to specific development standards: 157 (20} Fireworks tents. (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. (b} The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (b) The fireworks tent shall be accessory to a commercial use. prohibited. surface area. (c) Fireworks tents located within the public right-of--way are (d) All goods shall be displayed on a designated impervious (e) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (f) 1l~lusic or amplified sounds shall not be audible from adjacent residential properties. (g) The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (h} An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (il Signage shall be limited to two (21 nrofessionallv made signs. with a combined square footage not exceeding thirty-two (32} square feet. v (j) Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(20) and § 9.1.07 (C)(21-24) shall be renumbered accordingly. (25} GNeenlzoaises (residential). (a) A residential greenhouse shall only be allowed for one and two family dwellings. 158 (b) A residential greenhouse shall meet all setbacks requirements of an accessary structure in the zoning district it is located. (b) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (c) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (d) A residential greenhouse shall be allowed during the normal growing season only. (e) When not in use, a residential greenhouse shah be dismantled. **NOTE** Existing § 9.107 (C)(25) and § 9.107 (C)(26-27) shall be renumbered accordingly, (2~) ®utdoor agriculturaUproduce sales. (a) The outdoor agricultural/produce sales lot shall be accessory to a commercial use. (b) Outdoor agricultural/produce sales located within the public right-of--way are prohibited. surfaced. (c) All goods shall be displayed in a designated area that is hard (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. (f) The outdoor agricultural/produce sales lot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 159 (h) Signage shall be limited to (2} professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. (i) Outdoor agriculturaUproduce sales facilities may be allowed for a maximum of ninety (90) days per calendar year. (29) Outdoor Christmas tree sales. (b) Outdoor Christmas tree sales lots shall be accessory to a commercial use. (b) Outdoor Christmas tree sales located within the public right- of-way are prohibited. surfaced. (c) All goods shall be displayed in a designated area that is hard (d) Ali_ goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Nlusic or amplified sounds shall not be audible from adjacent residential properties. (f) Outdoor Christmas tree sales lots shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) vignag% °ohaii be iia%aited tv t:i'v (2) prvfe~~ioaiaii~' made signs, with a combined square footage not exceeding forty-eight (48) square feet. (i) Outdoor Christmas tree sales lots may be allowed for a maximum of ninety (90) days per calendar year. x*NOTE~* Existing § 9.107 (C)(28, 29} and § 9.107 (C)(30-44) shall be renumbered accordingly. Asa Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (E) R-1, Single-Family Residential District. (4) Iizteri><n Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. {4)(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-l, Single-Family Residential District: (a-h) [SECTIONS TO REMAIN LTNCI-IANGED] (F) R-2A arrd R-2B, Two-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-2-A and R-2B, Two-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (4}(5) Per°mitted accessory uses. Except as specifically limited herein, the F il., oh~li 1.A tho T?_'1 ~ ~r~rl R_1R T~irn_F~mily Raci~antial 1V 11V VY~llig al:VeJJVl,'~ ttJeJ J11Lt11 VV 111 Llll~ 1\'"G.11 uttU 1\-a..L, i vvv t uiiiii J' i.~v~ivvii.iua District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (G) R-3, Limited Multiple-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. 161 (4}(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-3, Limited Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (H) ~-4, Multiple-Family Residential District. (4} Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (4-}(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-4, Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (E) GP, Gener°al Prrsirress District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set fnrth fnr interim ncec in fi 9.1Od_ A~Iminictratinn and F,nfnrcPment_ and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. (4)(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the GB, General Business District: (a-f) [SECTIONS TO REMAIN UNCHANGED] (F) CBD, Central Business District. (4) Ia~terirrt Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set 162 forth far interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. (4}(5) Permitted accessory zrses. Except as specifically limited herein, the following accessory uses shall be in the CBD, Central Business District: (a-e} [SECTIONS TO REMAIN UNCHANGED] {3-}(6) Off-street par~h~ing. The CBD, Central Business District, shall be considered an off-street parking district in which off-street parking is not required for nonresidential land uses. Residential land uses, including those in mixed-use buildings, shall meet the parking requirements of § 9.106. (Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03 Am. Ord. 1505, passed 1- 30-06; Am_ Ord. 1515, passed 11-13-06) Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll. Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 163 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting o£ September 10, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1531, Zoning BY: Jeff Sargent, City Planner BY: Amendment to the Zoning Code as it Relates to DATE: September 5, 2007 Monument Signs. BACKGROUND: When designing the monument sign for the new municipal liquor store located at 4950 Central Avenue, the applicant claimed that the current height standards for monument signs were limiting in respect to traffic visibility. The applicant claimed that vehicles traveling northbound on Central. Avenue are moving uphill and that the liquor store is on the opposite side of the street, creating a limited view for passersby. The southbound traffic has a more limited view, as the Supe~°Ame~°ica, the bus stop and utility poles partially block the site from motorists. The applicant is requesting a text amendment to the zoning code at section 9.106 (P)(12), to increase the height of monument signs in the Design Overlay Highway District from 8 feet to 10 feet, for those buildings equal to or greater than 22 feet in height. The Planning Staff (Staff) believes that there is merit to the claims of limited visibility. Staff conducted a site inspection and took several pictures of a storage container that was placed in the same general location as the proposed monument sign. The storage container is 8'6" in height. From the southbound traffic perspective, the storage container's visibility is slightly obscured by the SuperAmerica, bus stop and utility poles. Staff viewed the storage container location from multiple angles in both the northbound and southbound traffic directions. After reviewing the pictures taken of the site, Staff believes that the visibility gained by increasing the overall height of the sign to 10 feet would aide in gaining visibility of the sign, particularly from the south. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1531, being ample copies available to the public. Move to set the second reading of Ordinance No. 1531, for Monday, September 24, 2007, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Dr-a ft Ordinance 1531 (IS` Reading Format). P+Z Re ort COUNCIL ACTION 164 C 1 TY OF COLUMB f A HEIGHTS PLANN t NG REPORT CASE NUMBER: 2007-0904 DATE: September 5, 2007 TO: Columbia Heights Planning Commission APPLICANT: Oertel Architects/ City of Columbia Heights LOCATION: 4950 Central Avenue REQUEST: Zoning Amendment (Monument Signs), Site Plan Approval PREPARED BY: Jeff Sargent, City Planner lI~TI:tC?®IJCTtOlV At this time, Oertel Architects is requesting two approvals in conjunction with the construction of a new municipal liquor store, located at 4950 Central Avenue. They are: A text amendment to the zoning code at section 9.106 (P)(12), to increase the height of monument signs in the Design Overlay Highway District from 8 feet to 10 feet. 2. A site plan approval for signage for the new liquor store per Code Section 9.113 (D)(4)(d). On May 1, 2007, the applicant requested and received site plan approval for the new Ien~ enr e•~serrt tre hes nreno#re en#®r1 ~zt A®G',!1 ('won#r~! Aas®ret eo L14 #h~~ fim® th® 7nnlit~~ri# e-lir~l na.~uu~ owe c w arc a.v~ eau ua.auu ua -ra..iv vas ~u ui w w ~u.... i as a qua an ~ w, u w uNNnva.u n u~u not have a sign plan for the building. A condition of approval was imposed, stating that the applicant would have to submit for site plan approval for building's signage once the design was complete. At this time, the sign plan for the building and property are completed and the applicant is requesting approval for them. When designing the monument sign for the building, the applicant claimed that the current height standards for monument signs were limiting in respect to traffic visibility. The applicant claimed that vehicles traveling northbound on Central Avenue are moving uphill and that the liquor store is on the opposite side of the street, creating a limited view for passersby. The southbound traffic has a more limited view, as the SuperAmerica, the bus stop and utility poles partially block the site from motorists. The Planning Staff (Staff} believes that there is merit to the c{aims of limited visibility. Staff canducted a site inspection and took several pictures of a storage container that City of Columbia Heights Planning Commission September 5, 2007 Top Valu Liquor Site Plan, 4950 Central Avenue Case # 2007-0904 was placed in the same general location as the proposed monument sign. The storage container in the attached pictures is 8'6" in height. From the southbound traffic perspective, the storage container's visibility is slightly obscured by the SuperAmerica, bus stop and utility poles. Staff viewed the storage container location from multiple angles in both the northbound and southbound traffic directions. After reviewing the pictures taken of the site, Staff believes that the visibility gained by increasing the overall height of the sign to 10 feet would aide in gaining visibility of the sign, particularly from the south. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent with the Comprehensive Plan, as !t lnvol~les the redevelopment commercial entitles Into an economically viable and aesthetically pleasing project. ZONING OR®INANCE The property is located in the General Business District (GB), as are the properties to the north, south and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property lines. The applicant is requesting a text n.~1m~.ra4 $h.>$ enre~e rlr# nlleaeae $hra e-.aee~rnll mrane emnn$ e+inn 4enenh$ $n hQ innr®7c®t'~ fYnm aiiiei iu~ i ~c~ et a gat vvvu~u cxnvvv a is vvc~ an s ~ w~ sui i icy n ae~u ~ ~~:~y~ n w vv 11 IVI I,GJVU n v... eight (8) to ten (10) feet. A taller sign would make the sign easier to read, particularly from the south, and therefore safer to the public. Staff recommends that the text amendment should be limited to only those monument signs located in the Design Overlay Highway District from 42"d to 53~d Avenue, along Central Avenue. The majority of properties zoned GB are located in the Design Guidelines Highway District along Central Avenue. The other areas of the City zoned GB are located in areas with lower traffic counts and lower speed limits as well. Keeping the monument sign height in these areas to eight feet in height would be more aesthetically appealing, as these areas are geared more towards pedestrian-scaled activities. Page 2 166 City of Columbia Heights Planning Commission September 5, 2007 Top Valu Liquor Site Plan, 4950 Central Avenue Case # 2007-0904 DESIGN GUIDELINES The proposed liquor store located at 4950 Central Avenue is located within the Design Overlay District, and is governed by the Highway District standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. SIGNAGE. The City Code allows monument signs to be placed no closer than five feet from the property lines and be no larger than 40 square feet in area. The proposed monument sign will be placed on the northeast portion of the property at the corner of Central Avenue and 50th Street, at a distance of five feet from the property lines. Currently, the sign will be approximately 18 square feet in area. The applicant stated that the liquor store would like to incorporate an electronic reader board sign in the future. The maximum combined square footage of the proposed and future sign is 40 square feet. The Design Guidelines prohibit the use of pylon signs and require that ail monument signs be constructed of materials compatible with those that are used one the principal structure. The proposed plans indicate that the monument sign will be constructed of rack face block and brick to match the building. Signage on the building is limited to 200 square feet for all signs. The proposed site plan indicates that the building will utilize approximately 50 square feet of signage for the two signs on the building. FINDINGS OF FACT Zoning Amendment The City Council shall make the following four findings before granting approval of a request to amend the City Code. These findings are as follows: The amendment is consistent with the comprehensive plan. One of the goals of the Comprehensive Plan is to strengthen the image of the community as a desirable place to live and work. The applicant feels that the increased height in the sign would allow more a more aesthetically pleasing sign while promoting the safety of the public because it would be easier for motorists to see. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Page 3 167 City of Columbia Heights Planning Commission September 5, 2007 Top Valu Liquor Site Plan, 4950 Central Avenue Case # 2007-0904 Staff believes that an increased monument sign height would be safer for motorists, as it would be easier for the public to read when traveling 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 proposed amendment does not change the zoning classification of a particular property. 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 the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The proposed amendment does not change the zoning classification of a particular property. Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining wall sign size, placement and illumination. The proposed plan also meets all the Design Guidelines standards for monument signs in relation to the color of the sign and tha tvnP.c of matariale usan! to rnnstrrert rt. However. the nronosed text _.._ vr-- -. ...~__.._.- -~---• -- ----------- --- -- - - ~ - r ~ amendment would be required in order for the applicant to construct a monument sign at 10 feet in height. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it part of a redevelopment of commercial entities into an economically viable and aesthetically pleasing project. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan far this area. Page 4 168 City of Columbia Heights Planning Commission September 5, 2007 Top Valu Liquor Site Plan, 4950 Central Avenue Case # 2007-0904 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed signage meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. RECOMMENDATION Staff recommends approval of the text amendment to allow monument signs in the GB District and governed by the Design Overlay Highway District, to be increased to 10 feet in height. The signage plan conforms to all standards outlined in the Design Guidelines as well. Staff recommends approval of the site plan for the liquor store signage at 4950 Central Avenue. Move to waive the reading of Resolution No. 2007-PZ05, there being ample copies available to the public. Move to adopt Resolution No. 2007-PZ05, being a resolution approving a site plan for the municipal liquor store signage, located at 4950 Central Avenue. Motion: That the Planning Commission recommend that the City Council approve the text amendment to Code Section 9.106 (P)(12) to allow a 10-foot monument sign in the Design Overlay Highway District. ATTACHMENTS • Draft Resolution ^ Draft Ordinance ^ Location Map • Site Plan • Monument Sign Elevatians ® Building Signage Page 5 169 DRAFT ORDINANCE NO. 1531 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MONUMENT SIGNS WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.1.06 (P)(12) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Off-sir-eet parh-ing and loudirzg (12)Signs ira the GB, General Bz~siraess District. (a) Pef-n~ztted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the b~rilcling is loc_.ated contains more than. 90;000 square feet of surface area; (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot Line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway and/or where the 20- foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of 5 feet from any property line. If such property is located in the Design Overlay Highway District, the maximum height of the monument sign may he increased to 10 feet for those principal structures greater than or equal to twenty-two (22) feet in height. 173 4. Any pylon or monument sign must be a minimum. of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 1.00 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or '/2 square foot for each front foot of a building or structure provided that the said sign is located un the same side of the building as an en Dance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet ahnve the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street Level or at the base of the sign, whichever is greater.-, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten (10) feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to twenty-two (22) feet in height. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which bare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. 174 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CIVIC City Clerk 175 _~ _, ~ __. = E~. .o.- ~~ roP.a.P~ _-___ ~s- ___ i ,raPValu TC3U61F ^ E RTE L a ARCHITECTS m - ~ ~ ' _. _ I i C ~ < , _~ - ~ -_ _ ~ -.- `143x. -~ ~r- -i. ti:..c 'r W m s I ~ ~ s c.nsi B~ ~ ~~ ~ ~. ~~ ~ ! - 1 cr. nu H~acnurn o M ~ c es X696 spas > _ I ~ ~ , - i e ~ ass ~nss s~ov s I~ _ _ _ .. u ~ - _.~.~ -~ I J Y ,~ _. x ! i v, . as ', ~,u~s w oEa.s~„aa.,,.°,s °o~, H~ ~ -- ~: - - _ ! ~ .o a.~"~ ~ COLUMBIA -~.E ~,,. .-' HEIGHTS ~,,~ ~ , -___ -__ ¢, yA~ ~~ ~` 51 'IELEVATION MUNICIPAL I ~ ~ ~ ~~a _ I -o~ Via.+,~,r - - _~:` _ ~ ~~ LIQUOR - ~t, `: .,< ~.~. °~ ~ ~ I ray ~nw LT -o~ STORE # 1 - 50TH & CENTRAL I e~w;c ` ~ ~i s zc..n.,~ a+n~ =-co ..=n_ oa;. --_ A E - ~~ ~i ---'- -~ --- ~~ -'~ -^ ~ ~i"- -- - COLUMBIA HEIGHTS, MN ._. • DERTEL ARCHITECTS j~ELEVATION i^GNUMENT SIGN I/2" ~ I'-O" 0' '-f' _.t 7-~_ 2 PLAN @ BASE MONUMENT SIC-N I/2° i'-O"SIC-N 1/2° i'-O" G~PLAN @ OPENING MGNUMENT SIGN i/2" - 1'-O" COLUMBIA HEIGHTS MUNICIPAL LIQUOR STORE #f 1 - 50TH & CENTRAL COLUMBIA HEIGHTS, MN -.:....,~.. 07-OT ~~ ~ ~~'~ MAY 30, 200"1 ~~~~~~ ANC, BCN, EMW - LNY.30._Itl~> :... ,....::. ISB±O MONUMENT SIGN AO ~Q. ~ DWE PROPERTY \~~~ LINE \~~~ ~~ I G~ sign NEW I"IONUh1ENT SIGN LOCATION C `~ 10.75 ~ 5 -----, -----~- SM 2~ OWNER PREV IDUS PROPOSED LOCATION OF MONUI`1ENT SIGN I COLUMBIA HEIGHTS LIQUOR STORES hSUED I HEREBY CERTIFY THAT TI11S DOCUMENT WAS PREPARED 8Y MF OR UNDER MY DIRECT ~ SHED N0. SUPERVISION AND THAT I AM A DULY LICENSED - CQLUMBIA HEIGHTS, MN ARCHITECT IN THE STATE OF MINNESOTA. ^ERTEL ARCHITECTS DESCRIPTION: PLOTTED: a-za-zoo7 SIGNATURE DATE 1795 SAINT CLAIR AVE. / ST. PAUL, MN 55105 JITE LOCATION PILE NANE (651)696-5186 /(651)696-5188 FAX : A0. ~ -C1707.dwg REGISTRATION www.oertelarchitects.com E 1 EL Ai1~T~1_. 1 1795 SAINT CLAIR AVENUE, ST. PAUL, iVIN SS1.05 TGL: 65 U696-5186 www.oertelarchitects.com PAX: 65 i 1696-5188 DATE: August 24, 2447 TO: City of Columbia Heights ATTN: Bill Elrite COPY: Walt Fehst, Jeff Sargent FROM; Diane Trout-Oertel RE: Columbia Heights Signage Ordinance Amendment 1~IEP,^;[ORA;41D11TM REASON FOR REQUEST A revision to the signage ordinance as it pertains to the Highway District is requested as follows: Increase the allowable height of ground or monument signs from 8'-4" to 11'-4". The reason for the request is better visibility. Central Avenue is a busy highway with two lanes of traffic in both directions and many distractions such as the bright lights associated wit1~ a commercial strip. Drivers need to look across two or three lanes of traffic to see signs on the opposite side of the street. For example, coming from the south, drivers will need to look across two or three lanes of traffic to see the monument sign. at the Top Valu Liquor Store. Coming from the north, the bright lights of the Super America and a number of poles, including traffic lights, will interfere with visibility of its signage. Also, Central Avenue is situated at a higher elevation in relation to the Top Valu Liquor Store and its neighbors to the south, which are situated in a slight depression. Under these conditions a higher, larger monument sign is easier to read and therefore safer to the public. A brief survey of zoning cedes for other cities in the Twin Cities area indicates that that a revised allowable height of 11'-4" ar even 12"-4" is consistent with the heigl-~ts allowed for ground or monument signs in the Metro area. The attached list suggests that the n~ediazl height of ground or monument signs in the Metro area is xx"-4" and the average height is xx'-". 182 CITIj OF COL lI1V~BIA HEIG~ITS DATE: AUGUST 24, 2007 TO: JEFF SARGENT PLANNER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: ATTACHMENT TO ZONING AMENDMENT APPLICATION Back rg ound The City of Columbia Heights is in the process of constructing two liquor stores. The site plans for the stores have been completed, submitted and approved by the Planning 8c Zoning Commission. When the site plans were submitted they did not include the monument signs. The reason for this was that we were unable to design a sign that would fulfill our needs within the 8- foot height restriction. We have now designed a sign that is 11 feet high that blends in very well and follows the architectural design of the building, We are requesting approval either through. a variance or a code change to allow for an 11-foot high sign. In reviewing this with the City Manager and the Conununity Development Director, it was their strong feeling that the best solution to this was a change to the zoning code to allow for an 11-foot high sign. Need for a Larger Sign We feel that there are several justifications far a higher sign. Several of the reasons used far the Sarno location also apply to this location. Vehicles that are headed north on Central Avenue are moving uphill, the liquor store is on the opposite side of the street and has a limited view. Vehicles headed south have a more restricted view as the site is blocl~ed by the Super America station, the bus stag, and utility poles. At night the Super America station has significant lightuig that obscures the liquor store and signage. The proposed sign is a monument douglusut sign that is 11-feet tall. The center open portion of the sign is approximately 4'8" by 6"8". The slg~ll YY 4tJ l;Vr7~~1}Vd VY Ath t1llJ apenlllg for the patetltl al addAtlan of a reader board lii the opei;ing iii the future. It was felt that far a stationary reader board to be effective t11e minimum size must be 4-feet high by six-feet wide. Working with this measurement and putting an adequate, attractive base under the sign, as well as adding a minianal sign to the top of the monument, is how we reached the 11-foot height. Cutting back an the base, the open doughnut space, ar the actual sign on tap of the monument would greatly deter from the appearance and effectiveness of the sign. Current Status of the Protect I feel it is worth noting that this is the only requested exception or variance to city ordinances for the liquor stores project. Although it was difficult to comply with all zonng and design guidelines due to the slope and location of the lots, this has been accomplished. Not only has this been accomplished, but also we have exceeded design guidelines in virtually ail areas, from the amount of window space, parking spaces, landscaping, number of trees, etc. These areas have all met or exceeded design. guidelines. This is the only request that we have had for an exception to city code. WB: sms a~oaya t cc~ 183 cITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: September 4, 2007 DATE: NO: 2007-159 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested agains*. Michael Kress (Estate of) regarding rental_ property at 371.4 Van Buren Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. lar.nnanr,rr_~.rre~r> r,rnrranl.T. r,r,..,,, ~n ]„~,,,L,,, t,t;,, i,n,,.-;,,,, a ~., tl,Q „2'„~ of 1\Ll,~V1Y1 V11:1V L1.;L Y1V lllJ V. 1V1V Yl:. lV lJ1V.)lJ lldl. puVlll+ dllJCll lll~ anLL ~V vY Uive ul~ if'.uui.tt~, Vt Resolution No.2007-159, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-159, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section. SA.408(A) of the rental license held by Michael Kress regarding rental property at 3714 Van Buren Street N.E. COUNCIL ACTION: 1$4 RESOLUTION 2007-159 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Kress (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3714 Van Buren Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 13, 2007 of an public hearing to be held on September 10, 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 May 29, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on August 13, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 30, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement O#fice, the following conditions and violations of r_he City's Residential Maintenance Code were found to e_x_ist, to- wn: a. Shall caulk and paint around the front door. New molding was installed and not sealed properly or painted b. Shall repair the front step next to the front boulevard, the step edge is damaged c. Shall install a stornl door on the side enter ance, the wood on the door is deteriorating from the weather d. Shall scz•ape/paint the side exterior door e. Shall scrape/paint the window trim wherever the paint is peeling all over the house f. Shall complete the installation of the garage service door. Not properly attached. g. Shall repair the steps to the garage h. Shall scrape and paint the garage 185 i. Shall install a door handle on the 2nd. floor rear storm door j. Shall repair the damaged south side basement window 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7833 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All. tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk fiss CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: September 4, 2007 DATE: NO: 2007-160 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michael Nehmzow regarding rental property at 4124 St" Street N.E. far failure to meet the requirements of the Residential Maintenance Codes. D L'!'~l111 ~fT T~IaTTIL'Tl AA(1'T'TCITaT. Aif.e.>n tom. (.l rtr,n ~h.a «..:T.1:.. l~. n.i.-: r. ~a nre~ 4n t v>ce 4Tt p. rn~raiven n~ 1\la.-lllY11Y11.j1V LL'+L! 1V1V 11V1V. 1v1V V\+ W ~.1VDV ulV flu VllV ttvut itt~y uuu w vv'aiv~. ua~. avuuui~j va Resolution No.2007-160, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resalution No. 2007-160, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Nehmzow regarding rental property at 4124 5`" Street N.E. COUNCIL ACTION: ~s7 RESOLUTION 2007-160 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Nehmzow (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real property located at 4124 5`h Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 22, 2007 of an public hearing to be held on September 10, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDII~TGS OF FACT 1. That on June 7, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 22, 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- wrt: a. Failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8430 is hereby revoked; 2. The City will post far the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the License as held by License Holder. 188 Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 189 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: September 4, 2007 DATE: NO: 2007-161 Revocation. of the license to operate a rental unit within the City of Columbia Heights is requested against Bob Landucci regarding rectal property at 3810-3812 3`d Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. REvivi:viEi3D ED ::"viv T iviv: ivivJc tii ~ivsc tiic piibiiC iicaring aiad to waive tia% r%adiiig of Resolution No.2007-161, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-161, 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 Bob Landucci regarding rental property at 3810-3812 3~d Street N.E. COUNCIL ACTION: 190 RESOLUTION 2007-161 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 381.0-3812 3ra Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 23, 2007 of an public hearing to be held on September 10, 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, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on August 23, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 29, 2007, inspectors far the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. "That based upon said records of the 1/nf®rcement office, the following conditions and violations of the City's Residential Maintenance Code wea-e found to exist, to- wit: a. Shall remove alI/any outside storage from the property 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cade, 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- F8293 is hereby revoked. 2. The City will post for the purpase ofpreventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 191 3. All tenants shall. remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _ ,day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 192 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-162 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Brian Buch regarding property at 1215 37`" 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 n,,,a;,,,~ n~ ~.a~„t„+;,.,, iar„ ~nn7 ~ ti~ +t,m..m a,a,.,,, ., rit® ,. n;t~hto rn +t,o ,~„t,t,~ 14QU111~ VL 1\4~lV1ULLV11 1VV. LVV /'1 VL, L11414 V4111~ CLll ltJl4 4VpLeJ av/.tt1UV14 tV L114 ~l ti V114. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-162, a resolution of the City Council of the City of Columbia Heights declaring the property at 1215 37`" Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 193 RESOLUTION 2007-162 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 Brian Buch (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1215 37`'' 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 23, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on July 16, 2007 an inspection was conducted on tree property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 23, 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 29, 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 remove dead trees and tree stumps from property B. Shall remove all/any outside storage from the property 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 1215 37`" 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. 194 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 1215 37`" 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 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 195 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-163 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Cekro Jadranko regarding property at 4517 Jefferson 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 rcadiitg of P\Gjol'l.Llloll ie~v. 2vv7-iv3, mere veiiig aiiipie Cvpiea avaiiabie tv^ th°v yuviiC. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4517 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 196 RESOLUTION 2007-163 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 Cekro Jadranko (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4517 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on August 23, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on July 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 August 23, 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 September 6, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: A. Shall remove all/any outside storage from the property That all parties, inciuciing 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 451.7 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 197 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 4517 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of ?007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 198 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-164 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Ihab Elsewissy regarding property at 1104 45`" 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 .,.,,#:...,...FD.>,...1,.+;..,. laT.< '1!1(1? 1 (.it +l.ma•a l.m;.... n .~.la n ~i1n1..1A to thA reiel~alir rlJUU121~ Vl 1\t+JV1t7.LtVld 1VV. LVV ~-L VT, tlll+l4 VVlll~y ul.lli,/1V liVpleJ avu11uV1~ Lv tlty aJUVlly. RECOMMENDED MOTION: Move to adopt Resolution No. 2007- 164, a resolution of the City Council of the City of Columbia Heights declaring the property at 1104 45`" Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 199 RESOLUTION 2007-164 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 Ihab Elsewissy (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1104 45`" 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 15, 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 13, 2007 an inspection was conducted or. the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 1 S, 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 31, 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 /replace damaged /rotting areas of retaining wall along the driveway B. Shall remove all areas of scrub growth 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 1104 45`" 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. 200 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 1104 45`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cleric eat CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Galt' Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-165 Declaration of a maisance and abatement of violations within the City of Columbia Heights is requested against Michael Fortier regarding property at 1308-1310 Circle Terrace Blvd. N.E. for failure to meet the requirements of the Residential Maintenance Code. nr_rr~Tnrnr~.rr>~re T,rn~rrniar. Tit,...,. +,, 1„~.. +t-.,, 1.1<., l,n ~# +n +l,a 1\La.Jll1V11V11i1V Lli1! 1YLlJ lllllV. lY1V YG 6V 1.~1V JG 6114 puVldd lll+ar iilg ail w vv'ai`v'ti tlty. reading of Resolution No. 2007-165, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-165, a resolution of the City Council of the City of Columbia Heights declaring the property at 1308- 1310 Circle Terrace Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: zo2 RESOLUTION 2007-16s 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 Michael Fortier (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd. 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 21, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 14, 2007 an inspection was conducted on tree property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21, 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 31, 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: A. Shall replace the missing storm windows on the 2nd floor, on the 1310 side B. Shall replace or repair the torn screen on the 1310 side, second floor, in back C. Shall remove all%any outside storage fiom the property. D. Shall replace the broken window on the rear of 1308 s . That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 130$-1310 Circle Terrace Blvd. 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. 203 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 1308-1310 Circle Terrace Blvd. 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 Gaiy L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 204 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-166 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Robert Monson regarding property at 1133 45`h 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 ,.a: „~° n,. „~„+;,,., rr„ ~nm i titi +1-„~ n k~ ,tlo ;1~1,1A rn et,A ,,,,t,l;~ 1GQlti11~' Vl 1\GJVIUL1V111V V. LVV /-1 VV, Lu6ir iv V~.iiig aui1J1\+ iJopie~ avalluVly w ulv ~uViav. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-166, a resolution of the City Council of the City of Columbia Heights declaring the property at 1133 45`h Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 205 RESOLUTION 2007-166 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 Robert Monson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1133 45`° 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 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 April 18, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 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 31, 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 the siding on the gable end on the north side of the garage 1 nal att pat lteJ, inl:tUUllt~' L11G uWi1G1 u11Gt:utU allu ally uVVUYauw vi ~cuauw, i,av., vwu ~, v..ii 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 1133 45`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, 206 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 1133 45`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 207 CITY COUNCIL LETTER Meeting of September 10, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-167 Declaration of a rnaisance and abatement of violations within the City of Columbia Heights is requested against John Krebsbach Jr. regarding property at 4915 5th 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 rcauau~ vi a~wviuuvu ivv. ~.vvi-iv i, u~~.at, v~ia~~ alupia. %vpleS avaliuviv w uiw. puvu~.. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-167, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 208 RESOLUTION 2007-167 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 John Krebsbach Jr. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 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 20, 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 August 1, 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 20, 2007 inspectors reinspected the property listed above. lnspectors 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 31, 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 cut down all scrub growth, long weeds, and long grass throughout the property. 't'hat all parties, including tl~e owner ofrecord 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 4915 5`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 209 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 4915 5`'' Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon. all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 210 CITY COtTNCIL LETTER Meeting of September 10, 2007 AGENDA. SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: September 4, 2007 DATE: NO: 2007-168 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Carla Redmon regarding property at 3733 Reservoir Blvd. N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing aynd to waive the reading ofRewiutivn w~i. 2vv7-iv~, biers. being aiiipie wpie.°i uv'uiiubie tv th°v puvliv. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-168, a resolution of the City Council of the City of Columbia Heights declaring the property at 3733 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 211 RESOLUTION 2007-168 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 Carla Redmon. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3733 Reservoir Blvd. 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 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 1. That on February 21, 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 12, 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 September 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: A. Shall replace the missing stucco on the north side of the house. 5. 1 hat aii parties, inciuciing 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 Cade Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 3733 Reservoir Blvd. 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 reco~•d, occupant, 212 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 3733 Reservoir Blvd. 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 Cleric 213 ~'(p-2.ae't PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE SEPTEMBER 10, 2007 MEETING. REMOVE -MOTION: Move to adopt Resolution No. 2007-168, a resolution of the City Council of the City of Columbia Heights declaring the property at 3733 Reservoir Blvd. 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. 2007-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4517 Jefferson Street 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. 2007-161, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Bob Landucci regarding rental property at 3810-3812 3~d Street N.E. REMOVE -MOTION: Move to adopt Resolution No. 2007-160, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Micahel Nehmzow regarding rental property at 4124 5t" Street N.E