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March 24, 2008 Regular
CITY OF COLUMBIA HEIGHTS 590 40f6 Avenue NE, Columbia Heights, MN 55421-3878 (763}706-3600 TDD (763) 706-3b92 l~isit our website at www.ci.codurnhia-lteit/rts.naaa.ats Mayor Gary L. Peterson Councilmembers Robert .A. Williams Bruce Nawrocki Tammera Diehm Bruce Kelaenberg City Manaxer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 24, 2008 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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Jeremiah Rice, Associate Pastor Youth and Young Adults -Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSlDELETIONS 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.) Remove tabled Resolution 2008-47 for 600 S 1St Avenue in that the property has been brought into compliance. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Konrad Zeller, exchange student from Stuttgart, Germany. ps 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. Approve minutes of the March 10 2008 Columbia Hei htg s City Council meeting. p6 MOTION: Move to approve the minutes of the March 10, 2008 Columbia Heights City Council meeting. B. Approve the minutes of the March 14 Special Cit~Council meeting. p24 MOTION: Move to approve the minutes of the March 14, 2008 Special City Council meeting. C. Establish a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p25 p•m. MOTION: Move to establish a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p.m. in Conference Room 1. City Council Agenda Monday, March 24, 2008 Page 2 of 4 D. Approval of the attached list of rental. housing license applications, in that they have met the -- _ __ requirements of the Residential Maintenance Code. p MOTION: Move to approve the items listed for rental housing license applications for March 24, 2008. E. Approve Business License Applications p28 MOTION: Move to approve items as listed on the business license agenda for March 24, 2008 as presented. F. Approve payment of the bills. p3 0 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125104 through Check Number 125281 in the amount of $1,148,934.74 MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance 1541, Issuance and Sale ofNon-taxable G.O. Public Safety_ Center pas Bonds Series 2008E MOTION: Move to waive the reading of Ordinance 1541 there being ample copies available to the public. MOTION: Move to schedule April 14, 2008 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance 1541, being an ordinance providing for the issuance and sale of approximately $11,500,000 in General Obligation Public Safety Center Bonds, Series 20088. B. Bid Considerations C. Other Business Authorize the Mayor and City Manager to enter into a contract with EDS for construction p4s management services on the proposed Public Safety F,~ acility_ MOTION: Move to authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety Facility. Authorize the Mayor and City Manager to enter into a contract for Architectural services for the proposed Public Safety Facility p87 MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Buetow and Associates for architectural services on the proposed Public Safety Facility. 7. PUBLIC HEARINGS A. 2nd Reading: Ordinance 1539, Establishing Sullivan Shores Housing Improvement Area pros MOTION: Move to waive the reading of Ordinance No. 1539, there being ample copies available to the public. MOTION: Move to Adopt Ordinance No. 1539, an Ordinance Establishing Sullivan Shores Housing Improvement Area. City Council Agenda Monday, March 24, 2008 Page 3 of 4 B. Adopt Resolution 2008-62, Housing Improvement Fee for Sullivan Shores Housing ploy Improvement Area. MOTION: Move to waive the reading of Resolution 2008-62, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2008-62, being a Resolution approving a Housing Improvement Fee for Sullivan Shores Housing Improvement Area. C. 1st Reading Ordinance No. 1540, Issuance and Sale of Taxable G.O Housing Improvement Area Bonds Series 2008A pica MOTION: Move to waive the reading of Ordinance No. 1540, there being ample copies available to the public. MOTION: Move to set a Public Hearing for the second reading of Ordinance No. 1540 for approximately 7:00 pm on April 28, 2008. D. Second reading of Ordinance No. 1536. Zoning Amendment as it Relates to Temporary Si~nage psas MOTION: Move to waive the reading of Ordinance No. 1536, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1536, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1536. E. Adopt Resolutions 2008-55, 971 39th Avenue_N.E., 2008-56, 4727 Heights Drive N.E., and p139 2008-57, 4641-4643 Taylor Street N.E,_ben~ declarations of nuisance and abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-55, 2008-56, and 2008-57 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-55, 2008-56, and 2008-57, resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F. Adopt Resolutions 2008-58, 4618 Polk Street N.E., 2008-59, 1000 Peters Place N.E.. 2008-60. pi46 3823 Polk Street N.E., and 2008-61, 5045 Johnson Street N.E. being Resolutions of the City Council of the City of Columbia Heights a~~rovin~ rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-58, 2008-59, 2008-60, and 2008-61 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-58, 2008-59, 2008-60, and 2008-61 being Resolutions 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 licenses listed. S. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. 3 City Council Agenda Monday, March 24, 2008 Page 4 of 4 Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT - ~= Walter R. Fehst, Cit Manager WF/pvm 4 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 10, 2048 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 10, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Approved Resolutions and Ordinances may be found at the end of'this document. CALL TO ORDER/ROLL CALL/INVOCATION Lorraine Mel, Immaculate Conception Catholic Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Nawrocki PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson stated there is a revision to Resolution 2008-46. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Tibet Day -March 10, 2008 The Mayor read the proclamation declaring this day as Tibet Day, 2008. Peterson presented the proclamation to SEIU Health Care MN Executive Vice President Jigme Ugen. Ugen stated that similar proclamations were passed in Minneapolis and St. Paul. He gave the history of their country and the current genocide taking place in Tibet. Peterson announced the Recreation Department spring break activities and encouraged people to sign up. An Easter Egg Hunt will also be held at Murzyn Hall. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve minutes of the February 25, 2008 Columbia Heights City Council meeting, Motion to approve the minutes of the February 25, 2008 Columbia Heights City Council meeting. B. Approve minutes of the March 3, 2008 Special Columbia Hei hts City Council meeting, Motion to approve the minutes of the March 3, 2008 Special Columbia Heights City Council meeting. C. Accept Board and Commission meeting minutes. Motion to accept the minutes of the March 5, 2008 Planning and Zoning Commission.. D. Approve reappointment of Board and Commission members with expiring terms and Appoint Gerald Heiringer to the Economic Development Authority_ Motion to re-appoint Lynette Thomson to the Library Board for a three year term; Marlaine Szurek and David Thompson to the Planning and Zoning Commission for four year terms; Richard Anderson to the Traffic Conunission for a four year term; Bob Buboltz, Dan Swee, City Council Minutes Monday, March 10, 2008 Page 2 of 18 Bradley Peterson and Kenneth Henke to the Telecommunications Commission for two year terms; and Gerald Foss and Stan Hoium for five year terms and David Payne and Kevin McDonald for two year terms to the Park and Recreation Commission effective April 1, 2008. Motion to appoint Gerald Herringer to the unexpired Economic Development Authority term to expire January 8, 2012. E. Adopt Resolution 2008-43, for 2008, 2009 and 2010 Salary and Fringe Benefit Adjustment for Non-Union Supervisory Employees. Fehst stated the next items are four wage settlements with employees and the City Manager. Linda Magee, Assistant to the City Manager and Human Resources Director, explained the salary and benefit adjusts and the yearly review of positions. This is consistent with direction from the executive session held with the City Council at the end of last year. Fehst indicated that Councilmember Nawrocki asked him to convey his concerns and his request that the wage items be removed from this agenda. Fehst indicated that these items should have been completed by the first of the year and are within the parameters set by Council, so he requested the items go forward. Peterson asked if there was a motion to remove the wage items from the agenda. No motion was received. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-43, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory city positions for calendar years 2008, 2009, and 2010. F. Adopt Resolution 2008-44, for 2008, 2009, and 2010 Salary and Fringe Benefit Adjustment for Non-Union Essential and Confidential Emplo.~ees. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-44, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential city positions for calendar years 2008, 2009, and 2010. G. Adopt Resolution No. 2008-48 re ag_ rdinP the Memorandum of Understanding with the Public Managers' Association. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-48 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2008 - December 31, 2010. H. Adopt Resolution 2008-49, being a Resolution re ag rding the Cit~g_er's Compensation Motion to waive the reading of Resolution 2008-49, there being ample copies available to the public. Motion to adopt Resolution 2008-49, being a resolution regarding the City Manager's compensation. City Council Minutes Monday, March 10, 2008 Page 3 of 18 I. Adopt Resolution 2008-51 being a Resolution declaring the Intent to Bond for a Public Safety Buildins Fehst indicated that the proposed cast of a new safety facility would be under $10 million. This resolution is to declare the intend to bond. The ordinance to sell bonds will be presented at the next meeting. Three TIF districts are closing and funds would be available to place back on the tax rolls. Use of these funds would reduce the tax cost to residents of a facility by one-half. The cost to homeowners ofan average home would be about $45 dollars. Fehst stated that the current facility is 2,500 square feet with 40 people working in that space. We are way past due in building this facility. An architect's contract and construction manager approval will soon be presented to Council. Motion to waive the reading of Resolution 2008-51, there being ample copies available to the public. Motion to adopt Resolution 2008-51, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to the construction of a public safety building. J. Authorization to seek bids for 2008 site landscaping for Municipal Liquor Stores and Huset Parkway Roundabout Fehst stated that bidding these items together would save money. Motion to authorize the advertisement of public bids for 2008 Site Landscaping for Municipal Liquor Stores (2) and Huset Parkway Roundabout. K. Adopt Resolution No. 2008-50, supporting application for a cost sharing aareement(sl for the replacement of the pedestrian. bride and a pedestrian/bikewav mobility plan. Fehst stated that this application is for the bridge at 49t" and Central. Federal and State fund applications have also been made. Senator Chaudhary and Representative Laine will present a legislative bill to assist with this process. Motion to waive the reading of Resolution No. 2008-50, there being ample copies available to the public. Motion to adopt Resolution No. 2008-50 supporting request for infrastructure funding through the NNTP Grant Program for the construction of a pedestrian bridge over Central Avenue (TH65) at 49th Avenue. L. Approval of Professional Services Agreement with KimleXHorn for Professional Services for the turn lane design at 50th and Central Avenue. Fehst explained the need for a turning lane at this location. Motion to approve the Professional Services Agreement with Kimley Horn and Associates for engineering consultant services for the signal report, preliminary and final design and construction plans and bidding for the turn lane at 50th and Central Avenues in an amount not- to-exceed $32,000. M. Approve Landing of Minnesota National Guard Helicopter on 3/27/08 at Highland Elementary School and on 6/11/08 at Huset Park. City Council Minutes Monday, March 10, 2008 Page 4 of 18 Motion to approve the landing and. take-off of a Minnesota Air National Guard helicopter during Safety Camp at Huset Park on Wednesday, June 11, 2008 from 1-2 p.m. and at Highland Elementary School, 1500 49th Avenue on Thursday, March 27, 2008 from 10:00 -11:00 a.m. N. Installation of sto~gns at the intersections of Tyler Street and Pollc Street at 39th Avenue Fehst stated that the accident report justifies the request for two stop signs on 39th Motion to approve the installation of stop signs on Tyler Street and Polk Street at 39th Avenue based on a recommendation of the Traffic Commission. O. Award of 2008-2009 Tree Removal Program Fehst stated that the local operator requested to be included in this process did not bid. Motion to award the 2008-2009 Removal of Trees and Stumps, Trees Only or Stumps Only on Public and Private Property Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. P. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 10, 2008 as presented. Q. Approve payment of the bills Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124919 through Check Number 125103 in the amount of $939,857.73. Williams indicated that Lara Homa sent Council members a message suggesting passage of the stop sign request. Motion by Diehm, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion e~trd ied. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Approval of a Conditional Use Permit for outdoor sales/display at 3939 Central Avenue. Jeff Sargent, City Planner, stated this is a request is to add a garden center to the new Frattalone Ace Hardware store. They currently have a store in Columbia Heights and wish to relocate within Columbia Heights. Sargent showed plans for the proposed outdoor center. Fehst questioned where the entrance to the garden center would be. Sargent explained the entrances to the facility. Sargent stated that this store would not require on street parking and the parking lot will have 32 more spaces than required by City Code. Williams commended the Design Team and the builder on this design. Peterson stated that the site would require 125 pilings because of the unstable soil. Ace Hardware is a good operation and we look forward to this project. City Council Minutes Monday, March 10, 2008 Page 5 of 18 Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2008-52, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-52, approving a Conditional Use Permit for an outdoor sales/display establishment located at 3939 Central Avenue, subject to the conditions outlined in Resolution No. 2008-52. Upon vote: All ayes. Motion carried. 2. Approval of a Conditional Use Permit and Lot Split for a twin home at 3807-3809 Pierce Street Sargent stated there are two land requests; a lot split and a Conditional Use Permit (CUP) to allow a twin home. The property would change from owner/rental property to a two owner split property. The owner has requested a hardship deferral of the $3,900 park dedication fee. Fehst stated that the park dedication fee is determined by land value. Mr. Aron Diela, 1335 Buchanan Place, stated that he would like to remove the rental status on this property and make it owner occupied. He questioned the need for park dedication on an existing home. He also questioned the value of the lot at $80,000. He stated that comparable properties are valued at $50,000. Peterson stated that the housing market is down. The other lot referenced has inherent soil problems and would be very expensive to build on. Peterson stated that he owns a double lot in town and also realizes the market value question, but it is affecting everyone. If the park dedication fee changed, it would have to be changed by policy to be fair to everyone. Peterson asked the City Attorney if it is correct that fmances do not constitute a hardship. Jim Hoeft, City Attorney, stated they do not, but the question is whether this is an accurate valuation of the property, as the park dedication is determined on land value. If the owner showed acceptable documentation that the value was less than uidicated, the amount could be reduced. Williams questioned the park dedication fees in the Huset Park area. Sargent indicated that they were negotiated to about $750 per unit with other concessions considered. Hoeft stated that this was negotiated including ponding areas, etc. Diehm stated the concern raised at the Planning and Zoning Commission (P&Z) meeting was required garage spaces. Our current ordinance was never changed in this regard. Diehm indicated the need to clarify garage spaces in our City Code. Sargent stated there has been ambiguity in this area and if there needs to be a change we can look into the rewording. Diehm stated that she was in favor of tabling this request and referred to a past request for a twin home on Tyler Street. Merna Nyrnabay, 3010 hmsbrook Drive, indicated that she was the realtor for the second unit on the Tyler property. Peterson asked if that property paid a Park Dedication fee. She stated that a second dwelling was added to that site and did pay the fee. Kelzenberg stated that the originally intent was to build a duplex, but it was changed to a twin home. Diehm stated her frustration that this was not addressed last year. Fehst asked Nyrnabay if there is a down side to this request. She stated no, as homeowners tend to take better care of their property and are more attached to the cormnunity. 10 City Council Minutes Monday, March 10, 2008 Page 6 of 18 Fehst asked Sargent what was recommended and if this is typical of other cities. Sargent stated that park dedication fees are standard and used for park funds or for developments to build a park in their area. Fehst asked if there is value in that this would not add to the population. Sargent stated that the fee is considered to be enjoyment of the parks in the community. Diehm stated that the value of a lot split is to make two properties and they should be treated as two properties. Kelzenberg agreed that this should tabled to determine a policy that is right for everyone Diehm indicated that the Park Dedication fee should be charged and could be refunded if the policy is change. We would also have to refund others in this position over the last twelve years. Nyrnabay indicated that to justify an $80,000 buildable lot, you would need a building of four times that value built on it. Peterson stated that the owner could have a land appraisal completed for review. Land is only worth what you get paid for it. Diehm stated that we have to rely on the County's evaluation, which is a snap shot in time, so everyone is treated the same. Hoeft stated that when the market is down people complain about the value, but people would not complain if the market were up. Peterson indicated that with the price of gas, the value of an inner city lot is increasing. Do we want to encourage owner occupied doubles? What happens if the house needs maintenance and one owner can not afford it? This should require specifics in a covenant. Peterson stated that he could not support waiving the Park Dedication fee because we have not done so in the past. Kelzenberg stated that by our current ordinance this lot split would this be acceptable. Sargent stated that the P&Z could consider modifying the garage requirement. Diela stated that he has received three calls requesting information on lot splits. Peterson stated ±here is merit to owner occupied properties. Deb Johnson, 4626 Pierce Street, stated that there could still be an investor buying the second property to rent it. Donna Schmidt, 4260 Tyler, stated that she is on the P&Z and voted against this request, mainly because of the garage space. The wording, with a comma, states the intent is that each unit must have atwo-car garage. The last lot split on Reservoir Avenue was required to have four garage spaces, but they faced the back of the house. It would be nice to have owner occupied homes, but selling it to them does not mean they will not be rented. Schmidt questioned when the property was purchased. The owner stated he purchased the property in October. Schmidt indicated that the market risk was known at that time. Williams asked the attorney if there could be a stipulation that the homes be owner occupied. Hoeft stated that could be looked at in the future, but you would have to address how it would be enforced. It would not be cost effective to enforce. Kelzenberg stated that Habitat for Humanity has afive-year no sell clause. Hoeft stated that is a policy issue for another day. Williams asked, as the ordir~anee reads now, do we have an option? Hoeft stated that staff's interpretation is that the request ftts the ordinance. If the Council decided that they did not agree with the interpretation, staff could be directed to review the request. Diehm. agreed that the garage issue was controversial, as our code requires atwo-car garage. She 11 City Council Minutes Monday, March 10, 2008 Page 7 of 18 was told that every unit required atwo-car garage. As they have to put the required wall in place, they are making the building two units. She again indicated disappointment that this was not addressed prior to this. Williams asked again if this is legal by our code. Hoeft stated it is by interpretation of the code. Peterson felt that Council could not stop this request, but could look at this for the future. We do not have to adhere to waiving the park dedication fee. Peterson indicated that he felt Councilmember Nawrocki would also not agree to waive the fee. Peterson requested a motion to move ahead on this request and suggested bringing forward a moratorium on future requests until this is reviewed. Kelzenberg stated he would like this discussed before acting on this request. Diehm stated that as advised by staff as staff interpretation, and is what was done for the last request, she is comfortable with approving this and that we then clarify our code. Peterson stated that it may become a moot point if this does not go forward because of the park dedication fee variance denial. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2008-53, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-53, approving a Minor Subdivision of the property at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008-53. Schmidt stated that she is not always against splitting lots,. but a two bedroom home would probably have more than one driver living there. Diehm suggested a joint meeting with the P&Z to discuss this. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-54, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-54, approving a Conditional Use Permit for a twin home use at the property located at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008-54. Upon vote: A11 ayes. Motion carried. Sargent questioned leaving in the second condition on the Resolution regarding consideration of the Park Dedication fee. Hoeft stated that the fee would be approved per the ordinance. Fehst suggested moving forward in the agenda to address the Sullivan Shores item, as there are many residents present for this item. lst Reading: Ordinance 1539, Establishing Sullivan Shores Housing Improvement Area Scott Clark, Community Development Director, gave the background of past discussions with the Sullivan Shores homeowners. The owners approached us in October of 2007 after checking for bank financing to repair their units. Financial. institutions do not wish to underwrite the repair 12 City Council Minutes Monday, March 10, 2008 Page 8 of 18 of 65 individual units. They request we create a housing unit so improvements could be bonded and paid by special assessment. The State strictly mandates this process. This is the first reading of the ordinance to approve the housing improvement area. The second reading would approve the process. Clark indicated that this process began with a petition. 25 percent of the units must provide a request petition. We received a petition from 60 of the 65 units or about 92 percent. The rehab work would be about $39,000, with $3,000 to $4,000 in the additional costs. The first step is the housing area approval. This would allow the fee structure, which would again appear on the March 24 City Council meeting to estimate the assessment and draw downs, the ability for prepayment, and ordering the bond sale to occur. The State has set this lengthy process allowing citizens the opportunity to veto the action if 35 percent of those involved were to petition the city. Clark indicated repayment obligations by the housing residents. All properties are current and 61 of the 65 owners have significant equity in their homes. There has been significant water damage to these homes and other required repairs. Work would begin around mid-June. Williams stated his admiration that this group has come together to accomplish this to improve their properties. He referred to currently approve park improvements in this area. Hansen stated that $305,000 in park improvements are scheduled for this area. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1539, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the Second Reading of Ordinance No. 1539, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business -none PUBLIC HEARINGS A. 2nd Reading: Ordinance 1537, Zonn~.Amendment to create the Public and Onen Snace District Sargent stated this is the second reading for establishment of a new public and open space district. The land around Hart Lake was added and two properties at Edgemoor Park were clarified in the first reading of the ordinance. Peterson asked if there would be a walking trail around Hart Lake. Hansen stated it would have to go outside of that area. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1537, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Williams, to adopt Ordinance No. 1537, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1537. Upon vote: All ayes. Motion carried. B. 1st Readiii~: Ordinance 1536 Zoning amendment as it relates to Temporar~igna~e Sargent stated on May 29, 2007 the City Council approved an ordinance for temporary signage, limiting usage and length of time viewed. A sunset clause was included to be sure this was fair to 13 City Council Minutes Monday, March 10, 2008 Page 9 of 18 all business owners. This ordinance was presented to the P&Z and tabled for one meeting allowing business owners longer to be aware of the proposal. The P&Z did recommend approval of this ordinance. A change from the original ordinance includes limits on the temporary signs for shopping centers. Williams questioned if there was any contact received from the original group of business owners that worked with staff on these recommendations. Sargent stated that the group led by Jeff Bahe, was active in the adoption of Ordinance 1523. Mr. Bahe was contacted during this process and he requested additional time to inform other business owners. The group was not present at the P&Z's second reading. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1536, being ample copies available to the public. Upon vote: AlI ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1536, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. Adopt Ordinance No. 1538, beinu an Ordinance relatinu to surface drainage connection and discharge inspection incentive. Kevin Hansen, Public Works Director, stated this request was to amend a prior ordinance to set reimbursement by resolution. That orduiance had a sunset date of December 2006. Our current resolution takes us through 2008. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1538, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1538, being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to surface drainage comiection and discharge inspection incentive. Williams stated that this is one of the best programs we have implemented for our city. Hansen referred to the positive benefits of the program. Upon vote: A11 ayes. Motion carried. D. 1st Reading: Ordinance 1539, Establishing; Sullivan Shores Housing Improvement Area Discussed earlier in the agenda. E. Adopt Resolution 2008-47. 600 51st Avenue N.E. being a Resolution of the Citv Council of the City of Columbia Heiuhts apnrovina rental license revocation for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman indicated the revocation request is for outside storage around the property. Some items are frozen to the ground and would need to be removed at a later date. Gorman requested that Resolution 2008-47 be tabled. Motion by Kelzenberg, second by Williams to table Resolution 2008-47 until March 24, 2008. Upon vote: All Ayes. Motion carried. 14 City Council Minutes Monday, March 10, 2008 Page 10 of 18 F. Adopt Resolution 2008-46, 4800 4th__Street_N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heigh, ts. Gorman stated that this property is vacant and the rental license has been revoked, This is to abate and repair the property. Motion to close the public hearing and to waive the reading of Resolution Numbers 2008-46 there being ample copies available to the public. Upon vote: AlI ayes. Motion carried. Motion: by Williams, second by Kelzenberg to Move to adopt Resolution Number 2008-46, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager • There will be a ribbon cutting ceremony at our new 50`h and Central Avenue Liquor Store on Thursday, March 13, at 9:30 a.m. There will also be a grand opening in about three to four weeks. Police and Fire Public Safety facility - at Council request to renegotiate the architect's fee, which was originally 8.5 percent, the fee been renegotiated to 6.5 percent including all fees for architecture, HVAC, plumbing, etc. Commended the Mayor for working with staff to interview construction managers this week. Gave the background of the proposed construction manager and listed buildings he was involved in. We wish we would have had this gentleman when we built our two new liquor stores. Williams commended Fehst for the cost savings this will be. Fehst stated this construction manager will be about $200,000 to $300,000 less than the other firms interviewed. The typical fee far a $10 million building might be eight and one-half to ten percent. You would save, above the difference of the architects fees, about $150,000 to $200,000 and two or three points because you are using a construction manager. Over all, you could save $700,000 to $800,000. We are starting ahead of the game and we feel good about it. Williams stated that this could easily save several years of the Mayor's and City Manager's salaries. Fehst suggested putting the Mayor's salary back to what it was twenty years ago, before it was dropped. It has not been increased since then. It is up to the Council, but there is no doubt that the Mayor is putting in a lot of time on City business. Kelzenberg requested to place this item on a work session for discussion. Report of the City Attorney -nothing to report. CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Read a police department item from the Green Sheet. Stated it was a job well done. Williams 15 City Council Minutes Monday, March 10, 2008 Page 11 of 18 • Wanted to give Councilmember Kelzenberg a send off from the post office at the last meeting, but there was not time to do so. Recommended reading the article on Kelzenberg in the Northeaster newspaper. • Have not heard anything negative about the proposed police and fire safety building. We have a great staff, but our building is very obsolete. • Gave the Fire Department thanks, as a water sprinkler in their store broke and they responded quickly to turn off the water. We receive a lower insurance rate because of our Fire Department. Diehm • March is MN Food Share month. Thanked SACCA for the hard work they do. Peterson • Exciting time in Columbia Heights. Excited to work with Fehst and the group to select a construct manager and to be working with the School District on a new gym. • These things will have a big impact on Columbia Heights. We are moving in the right direction. If you do not keep moving forward, you can slide back quick. • New Police Officer started today. He has served two tours in Iraq. • Remember our military personnel. Show them our appreciation. • Don't take ourselves too seriously and do a random act of kindness. • Happy Easter. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:10 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary RESOLUTION 2UU8-43 ADOPTII`1G CHANGES 1N NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON- UNIONIZED SUPERVISORY POSITIONS, AND CHANGES 1N FRINGE BENEFITS WHEREAS, the City of Cohunbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January I, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized supervisory City positions, as indicated on Schedule A wl~ieh is on file in the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of tl~e employee. 16 City Council Minutes Monday, March 10, 2008 Page 12 of 18 RESOLUTION 2008-44 ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50}, to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee, RESOLUTION 2008-48 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2008, 2009, and 2010; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. RESOLUTION N0.2008-49 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, in previous years, the City Manager has received an adjustment in compensation consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other management employees: Effective January 1, 2008: 3% pay adjustment Effective January 1, 2009: 3.5% pay adjustment Effective January 1, 2010: 3% pay adjustment Effective January 1, 200$: $665 per month Employer contribution to insurances Effective January 1, 2009: $705 per month Employer contribution to insurances Effective January 1, 2010: $745 per month Employer contribution to insurances 17 City Council Minutes Monday, March 10, 2008 Page 13 of 18 RESOLUTION N0.2008-51 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City"} expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for the construction of a public safety building and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $12,OOQ000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1. I50-2 and any successor law, regulating or ruling. RESOLUTION N0.2008-50 BEING A RESOLUTION REQUESTING CONSIDERATION OF INFRASTRUCTURE FUNDING THROUGH THE NON- MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WHEREAS, the City of Columbia Heights desires to reconstruct the pedestrian bridge over T.H. 65, at 49`'' Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of Transportation; and WHEREAS, the City of Columbia Heights is committed to securing other federal, state, and local funding ifthe project is selected by Transit for Livable Communities as part of the Non-Motorized Transportation Pilot Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements not federally funded be shared between the Non- Motorized Transportation Program and the City of Columbia Heights. RESOLUTION N0.2008-52 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOM FRATTALONE W iTHIN THE CTTY OF COLUMBIA HEIGHTS, MINNL--'SOYA WHEREAS, a proposal (Case #2008-0302) has been submitted by Tom Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue, LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d), to allow outdoor sales/display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 18 City Council Minutes Monday, March 10, 2008 Page 14 of 18 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor sales/display use shall be accessory to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of--way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. RESOLUTION N0.2008-53 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by Aren Dela to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 5, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia. Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and dvidth requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE 1T RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The Planning Commission requests the City Council to look at the possibility of modifying the Park Dedication fee of $3,900 per the request of the applicant. The amount decided on by the City Council is due at the time of final approval by the City Council. 19 City Council Minutes Monday, March 10, 2008 Page I S of 18 RESOLUTION N0.2008-54 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AREN DELA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, a proposal (Case #2008-0303} has been submitted by Aren Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Cade Section 9.109 (F)(3)(b) for a twin home. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and. risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered. in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, 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 o~~e (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: i. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than cone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. ORDINANCE NO. 1537 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is thereby amended to read as follows: X9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Pz.~jpose. The "P" Public and Open Space District is intended to provide a district which wilt allow areas of the City to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. (B) General provisions. 20 City Council Minutes Monday, March 10, 2008 Page 16 of 18 (1} Compliance x~ith applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2} Adininistration. The administration and enforcement of this article shall be in accordance with the provisions of X9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of X9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliance with specfe development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: Public and Open Space Minimum Lot Area All Uses None Minimum Lot Width All Uses None Building Setbacks Front Yard 25 feet Side Yard 5 feet Conger Side Yard 10 feet Rear Yard 20% of lot depth Parking Setbacks Front Yard 5 feet Side Yard 3 feet Comer Side Yard 3 feet Rear Yard 3 feet Maximum Height All structures None Floor Area Ratio I.0 (D) Pubic and Open Space District. (1) Per-rnitted Uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, Regional and City parks. (b) Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in §9.104, Administration and Enforcement, and the regulations for specific uses set forth in §9.107, Specific Development Standards: (a) Public or semi-public recreational buildings and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory zrser. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) Living quarters for persons employed on the premises. 21 City Council Minutes Monday, March 10, 2008 Page 17 of 18 (c) Recreational vehicles and equipment. Chapter 9, Article I, Section 9.104 (J}(6)(h) of the Columbia Heights City Code, X9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6} Required findings. The City Council shalt make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets atl of the design standards specified in the §9.115. Chapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, X9.104 ADMINSTRATION AND ENFORCEMENT §9.104 ADMINSTRATION AND ENFORCEMENT (K) Preliminary plats. (6) Required,findings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of §9.115. Chapter 9, Article I, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, §9.104 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b) The final plat conforms to the requirements of §9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code §9.1.15 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Firial plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Co~mcil. (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans for requirements established in §9.115 (D). Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1538 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SURFACE DRAINAGE CONNECTION AND DISCHARGE INSPECTION INCENTIVE The City of Columbia Heights does ordain: Chapter 8, Article I, Section 8.705 (C) of the Columbia Heights City Code, 8.705 Inspections: (C) Incentives -Property owner reimbursement and fees related to the program will be set by Resolution. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. RESOLUTION 2008-46 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 Antonio Manjarrez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4800 4`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 14, 2008 22 City Council Minutes Monday, March 10, 2008 Page 18 of 18 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 January 09, 2008 an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on February 14, 2008 inspectors re-inspected the property listed above. Inspectors noted that twelve violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the properly records. 3. That on February 29, 2008 inspectors reinspected the property and found that twelve 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 the sill plate below the back door B. Shall provide steps/stairway approved by code in the rear of the house C. Shall replace damaged screen on storm door on rear doorway house D. Shall repair the wooden fence E. Shall cut down/remove all scrub growth from the fence F. Shall install address numbers in the following location(s) G. Shall repair the downspout on the south side of the house H. Shall repair the roof where there is a large section of shingles missing I. Shall remove the dead tree (tree stump) J. Shall install a hand railing for the wooden steps/stairway to the parking area K. Shall repair the wooden railing on the south side L. Shall replace the missing siding on the west side 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4800 4`~' Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4800 4`h Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 23 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING CH 14, 2008 Mayor Peterson called the special meeting to order on March 14, 2008, at 7:35 a.m. in Conference Room 1. Present: Mayor Peterson, Councilmember Williams (arrived at 7:40 a.m.}, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Staff Present: Walt Fehst, City Manager and Linda Magee, Assistant to the City Manager/Human Resources Director Audience members: Harold Hoium and Joe Sturdevant Jr. Motion by Kelzenberg, second by Diehm, to appoint Linda Magee as Secretary Pro-Tem. Upon vote: All ayes. Motion carried. The Mayor stated the purpose of the meeting was to meet and interview the finalists for Police Chief. Councihnernbers received interview questions and a summary of the finalists training and experience. Linda Magee brought in the first candidate, Jay Henthorne. Interview questions were asked and answered. The interview concluded at 8:25 a.m. Mayor Peterson recessed the meeting until 3:00 p.m. Mayor Peterson reconvened the meeting at 3:04 p.m. Councilmember Diehm was not present. Linda Magee brought in the second candidate, Jeff Luther. Interview questions were asked and answered. The interview concluded at 3:50 p.m. Linda Magee brought in the third candidate, Scott Nadeau at 4:00 p.m. Interview questions were asked and answered. The interview concluded at 5:00 p.m. Discussion ensued with the Council regarding the three candidates. Mayor Peterson adjourned the meeting at 5:25 p.m. ,,~~~' ~ 1 f, -~ ` ~,/ ~~ ~,~' . ~.•Lind agee ,- Assistant to the City Mana uman Resources Director 24 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: Consent ORIGINATING CITY MANAGER'S NO: DEPARTMENT: APPROVAL Administration ITEM: Establish Work Session BY: Walter R. Fehst BY: ~~` for Monday, March 31, DATE: March 19, 2008 ~ 2008 DATE: NO: It is suggested to schedule a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p.rn. in Conference Room 1. COUNCIL ACTION: 25 CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY , . "~ Licenses ~ / l~ " NO: DATE: March 18, 2008 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 March 24, 2008. COUNCIL ACTION: 26 List of 2008 Rental Licenses to Approve Occupany l.D. Property Owner Name 10045 First Commercial Bank Attn: Bill 20011 Rivertown #2 LLC 30046 Mark Breiland 10126 Michael Brindamour 12053 Marlene Brown 30072 Danny Dang 12000-NC Andrew Danko 12003 Mark Dostaler 10028 Adam Erickson 30110 Grant Erickson 20211 Donald Ferry 20136 Keith Hoof 10097 Matthew Johnson 35752 David and Kim Kerns 30099 Mujtaba Khan 10156 Susan Krtinich 12008 Jose Lema 12126 John Lemire 20074 John Majewski 10020 Nina Mancino 30068 Donald Mikre 20169 William Miller 12016 Jean Nixon 20054 Richard Olin 30146 Scott Owens 20183 Darwin Peterson 20023 Luis Portoviejo 10002 Brian Roeller 20167 Jessie Rudensky 10021 Ray Swanson 30139 Ross Taormina 10098 William Tiesi 20014 Farrokh Toussi 10011 David Wiger 30137 Roberto Zapata Property Address 4253 MCLEOD 4023 6TH 631 37TH 4441 4TH 3943 Tyler 3915 LOOKOUT 5037 MADISON 5103 6TH 4252 3RD 538 Summit 4536 7TH 4040 CLEVELAND 5030 5TH 260 MAUREEN 1045 PETERS 4539 CHATHAM 3732 3RD 4022 MADISON 5109 WASHINGTON 4104 7TH 3855 JACKSON 4518 WASHINGTON 4700 JEFFERSON 5218 WASHINGTON 4032 VAN BUREN 5228 WASHINGTON 4622 7TH 3849 MAI N 4534 WASHINGTON 1329 41ST 5025 UNIVERSITY 4300 JEFFERSON 666 47 1 /2 5045 4TH 4911 UNIVERSITY 03/18/2008 14:53 2~ Page 1 CITY COUNCIL LETTER Meeting of: March 24, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ` NO: DATE: March 19, 2008 / O ` BYE ~ f BACKGROUND/ANALYSIS Attached is the business license agenda for the March 24, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, and aWine/Beer License for the Crosstown Eatery located at 5025 Central Avenue NE (The old Denny's). At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 24, 2008 as presented. COUNCIL ACTION: 2s TO CITY COUNCIL March 24, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Lindman Plumbing 12000 53`d Ave N. Plymouth *Barr Web Industries 3530 E. 28`" St, Mpls *Armor Mechanical 1901 Oakcrest Ave, Roseville Ron Clark Construct. 7500 W 78"' S, Edina *Col. Hts. Assembly of God 4054 Van Buren St Miles Adams 2724 Garfield Ave S, Mpls *Oleson Tree Service 13967 113"' St, Little Falls $60.00 $60.00 $60.00 $60.00 $60.00 $60.00* $60.00 Pyramid Sign Co 245 E. Marie Ave, W St Paul $60.00 WINE/BEER LICENSE Rama Enterprises 6600 Lyndale Ave S, Richfield $60.00 29 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 24 2008 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 125104 through 125281 in the amount of $ 1 148 934.74 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 30 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/20/2008 10:54:00 Check History GL050S-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 Tit1e.......03/24/2008 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 thru thru thru thru 125104 thru 125281 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 Y Y 31 ACS FINANCIAL SYSTEM 03/20/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 03/24/2008 COUNCIL LISTING CHECK NUMBER AMOUNT AARP 125104 120.00 P.CCENT STORE FIXTURES 125105 43,564.24 ACCURINT 125106 130.00 ANOKA CTY - CENTRAL COMM 125107 535.26 ASPEN MILLS, INC. 125108 68.40 BLOEDOW/SHELLY 125109 323.03 CENTER POINT ENERGY 125110 11,725.53 CITY OF COLUMBIA HEIGHTS 125111 94,544.98 CSC CREDIT SERVICES INC 125112 25.00 CUSTOM GUNSMITHING 125113 87.27 FSH COMMUNICATIONS, LLC 125114 60.00 HEIGL TECHNOLOGIES 125115 59.71 KILGORE/GINA 125116 170.00 MINNEAPOLIS FINANCE DEPT 125117 65,562.82 MIV DEPT OF LABOR & INDUS 125118 35.00 MOSER/AMY 125119 618.55 MPLS BMEU 125120 3,600.00 NEXTEL COMMUNICATIONS 125121 433.51 O'BRIEN/DANIEL 125122 16.93 OLD LOG THEATRE 125123 2,373.00 OLSON/STEVE 125124 159.75 PETTY CASH - LIZ BRAY 125125 133.38 QWEST COMMUNICATIONS 125126 116.09 SAM'S CLUB 125127 732.16 SHOREVIEW COMMUNITY CENT 125128 234.00 STREICHER'S GUN'S INC/DO 125129 1,037.37 TEE'S PLUS 125130 499.00 THE PARK AT MALL OF AMER 125131 558.00 TOP VALU LIQUOR 125132 61.73 USA MOBILITY WIRELESS IN 125133 32.24 XCEL ENERGY (N S P) 125134 17,315.37 NORTHEAST BANK 125135 500,000.00 AMERICAN PUBLIC WORKS AS 125136 50.00 CAPITOL BEVERAGE SALES L 125137 12,642.82 CENTER POINT ENERGY 125138 262.26 CHISAGO LAKES DISTRIBUTI 125139 2,159.33 CITY WIDE WINDOW SERVICE 125140 40.47 COCA-COLA BOTTLING MIDWE 125141 299.45 COSTCO 125142 154.42 DANIMAL DISTRIBUTING INC 125143 469.90 G & K SERVICES INC 125144 80.93 GRIGGS-COOPER & CO 125145 21,470.39 HOHENSTEINS INC 125146 4,756.40 IDEARC MEDIA CORP 125147 71.25 JJ TAYLOR DIST OF MN 125148 9,290.47 KALLESTAD/GARY 1'25149 29.70 MARK VII DIST. 125150 14,118.53 32 ACS FINANCIAL SYSTEM 03/20/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 03/24/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MEDICINE LAKE TOURS 125151 1,664.00 MN DEPT OF ADMINISTRATIO 125152 492.53 MITI DISTRIBUTING 125153 300.00 MUSCOVITZ/PATRICIA 125154 152.84 PETTY CASH - KAREN MOELL 125155 150.78 PETTY CASH - KAREN OLSON 125156 123.18 PHILLIPS WINE & SPIRITS 125157 872.29 POPE/KARL 125158 175.28 PREMIUM WATERS INC 125159 17.25 QUALITY WINE & SPIRITS 125160 17,522.91 QWEST BUSINESS SERVICES 125161 511.70 QWEST COMMUNICATIONS 125162 733.65 SARNA'S INC 125163 100.00 SCOTT/LARRY 125164 162.24 SENSIBLE LAND USE COALIT 125165 70.00 SHAMROCK GROUP-ACE ICE 125166 115.24 SURLY BREWING CO INC 125167 434.00 UNIVERSITY OF MINNESOTA 125168 60.00 VERIZON WIRELESS 125169 153.69 WASMUND/PATRICIA 125170 198.00 WINE MERCHANTS 125171 405.70 XCEL ENERGY (N S P) 125172 4,796.49 10,000 LAKES CHAPTER OF 125173 60.00 AAA AWARDS 125174 30.00 ACE HARDWARE 125175 40.41 ALLIED-BFI WASTE SYSTEMS 125176 89,655.65 ALTO CONSULTING & TRAINI 125177 3,690.00 AMERIPRIDE INC 125178 110.84 ANCOM COMMUNICATIONS INC 125179 383.96 ANOKA COUNTY - GOVT CEN 125180 262.49 ANOKA COUNTY LIBRARY 125181 251.55 ANOKA CTY - CENTRAL COMM 125182 535.26 ASSOC OF TRAINING OFFCRS 125183 275.00 AUTO TRENDS 125184 1,286.52 BAKER & TAYLOR 125185 1,903.93 BELNICK INC 125186 674.95 BIFF'S,INC. 125187 700.10 BONESTROO 125188 4,871.62 BOUND TREE MEDICAL LLC 125189 431.92 BOYER TRUCK PARTS 125190 121.51 BRAUER & ASSOCIATES LTD 125191 113.51 BUETOW AND ASSOCIATES IN 125192 5,175.56 CAPITOL FURNITURE SALES 125193 878.63 CARLSON TRACTOR 125194 34.24 C'ATCO PARTS SERVICE 125195 9,269.73 CHAMBERLAIN OIL COMPANY 125196 2,547.03 CHERNIN/ALEKSANDR 125197 64.97 33 ACS FINANCIAL SYSTEM 03/20/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 03/24/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CHET'S SHOES 125198 25.00 CHURCH OFFSET PRINTING I 125199 431.89 CINTAS FIRST AID-SAFETY 125200 555.94 CITY WIDE LOCKSMITHING I 125201 25.56 CLARK PRODUCTS INC 125202 240.17 CLIA LABORATORY PROGRAM 125203 150.00 COLUMBIA PARK MEDICAL GR 125204 485.00 CREATIVE PRODUCT SOURCIN 125205 341.50 CUSTOM BUSINESS FORMS IN 125206 5,175.60 DISCOUNT STEEL INC 125207 7.23 DU ALL SERVICE CONTRACTO 125208 485.62 EGAN OIL COMPANY 125209 499.32 FACTORY MOTOR PARTS INC 125210 149.03 F'ERGUSON PUBLISHING COMP 125211 213.95 FIDELITY BUILDING SERVIC 125212 5,423.50 FIRST STUDENT INC 125213 182.78 FOUNDATION CENTER/THE 125214 221.50 G & K SERVICES INC 125215 886.22 GENERAL PARTS LLC 125216 17.34 GENERAL REPAIR SERVICE, 125217 408.93 GENUINE PARTS/NAPA AUTO 125218 737.83 H & L MESABI 125219 567.91 HARRIS INFO SOURCE INTL 125220 180.10 HD SUPPLY WATER WORKS 125221 1,976.62 HEIGHTS ELECTRIC INC. 125222 1,080.42 HOME DEPOT #2802 125223 148.42 IMMACULATE CONCEPTION CH 125224 870.00 INSTRUMENTAL RESEARCH IN 125225 160.00 IPC PRINTING 125226 218.93 KIMLEY-HORN & ASSOCIATES 125227 20,768.08 LAWSON PRODUCTS INC 125228 32.12 LEAGUE OF MINNESOTA CITI 125229 200.00 LEAGUE OF MN CITIES INS 125230 40,138.75 L~EESE/STEVE 125231 149.00 LETTUCE CATER 125232 500.00 LUTHER BROOKDALE CHEVROL 125233 113.13 MCCLELLAN SALES 125234 880.97 NIEDTOX LABORATORIES, INC 125235 220.70 MENARDS - COON RAPIDS 125236 43.86 MENARDS CASHWAY LUMBER-F 125237 433.47 METRO FIRE, INC 125238 181.96 METROPOLITAN COUNCIL WAS 125239 70,075.34 MIDWAY FORD 125240 171.03 MIDWEST LOCK & SAFE INC 125241 111.21 MIDWEST TAPE 125242 568.74 MINNEAPOLIS OXYGEN CO. 125243 11.14 MINNEAPOLIS SAW CO INC 125244 19.12 34 ACS FINANCIAL SYSTEM 03/20/2008 10 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 03/24/2008 COUNCIL LISTING MINNESOTA COUNTY ATTORNE MYERS TIRE SUPPLY COMPAN NORLAB INC NORTH AMERICAN SALT CO NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER PARK SUPPLY INC PLUNKETT'S, INC POS PAPER.COM PREMIUM WATERS INC RICOH AMERICAS CORPORATI ROAD MACHINERY & SUPPLIE ROYAL TIRE R.YDBERG/SCOTT S & T OFFICE PRODUCTS IN SCHOLASTIC LIBRARY PUBLI SEVETT/COREY SHERWIN WILLIAMS STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUN PUBLICATION INC TASER INTERNATIONAL TEE'S PLUS TESSMAN CO THOMSON GALE TKDA, INC TULL BEARING TWIN CITIES TRANSPORT & TWIN CITY HARDWARE UNITED RENTALS UPSTART- DIVISION OF HIG XCEL ENERGY (N S P) YOUNG AUDIENCES OF MINNE ZARNOTH BRUSH WORKS, INC 3M CHECK NUMBER AMOUNT 125245 61.24 125246 34.51 125247 199.60 125248 2,752.59 125249 160.00 125250 509.70 125251 273.59 125252 68.95 125253 66.04 125254 1,022.27 125255 546.90 125256 19.30 125257 303.53 125258 69.51 125259 2,468.66 125260 45.00 125261 725.72 125262 24.05 125263 1,100.00 125264 340.24 125265 183.38 125266 253.33 125267 183.16 125268 95.00 125269 232.20 125270 1,202.69 125271 495.37 125272 880.67 125273 58.28 125274 159.75 125275 41.47 125276 70.24 125277 57.40 1'25278 234.73 125279 663.87 125280 351.24 125281 13,085.84 1,148,934.74 *** 35 ACS FINANCIAL SYSTEM 03/20/2008 10 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 03/24/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,148,934.74 RECORDS PRINTED - 000610 36 ACS FINANCIAL SYSTEM 03/20/2008 10:54:02 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 64,901.11 201 COMMUNITY DEVELOPMENT FUND 577.91 212 STATE AID MAINTENANCE 390.68 240 LIBRARY 10,649.07 261 TWENTY-FIRST CENTURY PROGRAM 1,685.88 270 DARE PROJECT 1,170.38 401 CAPITAL IMPROVEMENTS 2,748.50 412 CAPITAL IMPROVEMENT PARKS 116,33 415 CAPITAL IMPRVMT - PIR PROD 716.28 436 CAPITAL EQUIP REPLACE-LIQUOR 64,715.64 601 WATER UTILITY 73,143.99 602 SEWER UTILITY 73,281.58 603 REFUSE FUND 90,855.65 604 STORM SEWER UTILITY 2,156.41 609 LIQUOR 89,896.13 651 WATER CONSTRUCTION FUND 639.10 652 SEWER CONSTRUCTION FUND 1,084.40 701 CENTRAL GARAGE 23,008.83 720 DATA PROCESSING 511.70 875 FISCAL AGENCY: GIS RANGER 12,001.44 884 INSURANCE 40,138.75 885 PAYROLL FUND 94,544.98 886 INVESTMENT FUND 500,000.00 TOTAL ALL FUNDS 1,148,934.74 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 1,148,934.74 TOTAL ALL BANKS 1,148,934.74 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 37 CITY COUNCIL LETTER MEETING OF: MARCH 24, 2008 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPT: CITY MANAGER NO: ADMINISTRATION APPROVAL ITEM: FIRST READING OF ORDINANCE 1541, ISSUANCE AND SALE OF NON- BY: WALT FEAST BY: TA.XABLE G.O. PUBLIC SAFETY CENTER DATE: MARCH 19, 2008 , !~- r BONDS, SERIES 2008B NO: Attached is the first reading of Ordinance 1541 for the sale of approximately $11,500,000 in non-taxable general obligation public safety center bonds. Per the City Charter, a second reading will occur on Apri128, 2008. Mark Ruff of Ehlers & Associates will be available at the meeting on March 24 to explain this in more depth. RECOMMENDED MOTION: Move to waive reading of Ordinance 1541, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule April 14, 2008 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance 1541 being an ordinance providing for the issuance and sale of approximately $11,500,000 in General Obligation Public Safety Center Bonds, Series 2008B /sms 0803191COUNCIL Attachment COUNCIL ACTION: i 38 ORDINANCE NO. 1541 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF UP TO $11,500,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 20088 THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City of Columbia Heights (the "City") has determined a need to construct and equip an approximately 40,000 square foot police and fire facility (the "Public Safety Center") on a site bounded by 41st Avenue, Jackson Street, 42nd Avenue and Central Avenue (the "Site"), including landscaping and other site improvements related to the Public Safety Center, and landscaping and other site improvements on the remainder of the Site (together, the "Site Improvements"). The Public Safety Center and all Site Improvements are referred to as the "Project." (b) The City has determined to finance the costs of the Project, including all hard and soft costs, the cost of acquisition of the Site, and bond issuance costs, through the issuance of general obligation bonds under the Charter of the City of Columbia Heights (the "Charter"). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Public Safety Center Bonds, Series 20088 (the "Bonds"), in a principal amount not to exceed $11,500,000, pursuant to the Charter to provide financing for the Project. (d) The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(c), in accordance with the terms of proposal approved by the City Manager and the City Finance Director. The City Council will meet on July 14, 2008 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its publication in a legal newspaper of general circulation in the City. 39 First Reading: March 24, 2008 Second Reading: April 14, 2008 Date of Passage: Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk g~-~a issuE P~~-s~LE RE~aR-r March 24, 2008 Proposed Issue: Up to $11,500,000 G.O. Public Safety Center Bonds, Series 2008B Purpose: The City has hired architects to design a new police and fire facility of approximately 35,000 to 40,000 s.f. in size. Bond proceeds will cover costs of the site, site improvements and construction of the new public safety center. Authority and The Bonds are being issued pursuant to the City Charter. Rating: The Bonds are anticipated to be rated by Moody's at an "A1" level. The purchasers of the Bonds may elect to add private bond insurance to raise the rating to an "Aaa" level. Bank Qualification: Because the principal amount of the Bonds is expected to exceed $10,000,000, the bank qualification will not apply. Term/Call Feature: The Bonds are being issued for up to a 30 year period. The City may choose to reduce the term of the Bonds depending upon interest rates and construction costs. Principal on the Bonds will be due on February 1 in the years 2011 through 2038. Bonds maturing February 1, 2019, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2018. Funding Sources: It is the intent of the City to levy property taxes beginning in taxes payable 2009 to cover the costs of 105% of debt service. The Bonds are expected to be interest only for the first three years of debt service until the City's larger tax increment districts are decertified. The increased tax base expected to result from the tax increment districts is expected pay for the principal amount of the payments. The net annual tax impact fora $200,000 home is expected to be $47 to $49 per year beginning in 2009 if the net proceeds are approximately $10,000,000. For a higher net proceeds under a $11,500,000 bond (to net $10,875,000 j, the tax impact is approximately $58. See attached debt service projections for more detail. This tax impact could be ~##L~RS Page 1 41 phased-in over more than one year. Discussion Issues: The Bonds will count against the City's legal debt limit of 3°/® of market value (increased by the Legislature in 2008 from 2%). Even after the principal amount of the Bonds are subtracted, the City should have over $25,000,000 of remaining debt limit. Risk Factors: Construction costs have not been bid and the cost of the facility and interest rates could increase over current estimates. In addition, the tax impacts may change as changes occur in the property tax system and the tax increment districts' valuations. Arbitrage: Because the City will issue mare than $5,000,000 in tax-exempt bonds in 2008, the interest earnings on proceeds and on debt service funds will need to be carefully monitored to meet IRS regulations. Schedule: First Reading of the Ordinance and Pre-Sale Review by Council: March 24, 2008 Second Reading of Bond Ordinance: April 14, 2008 Bond Ordinance Published: April 17, 2008 Reverse Referendum Period Expires: May 17, 2008 Bond Sale and City Council meeting to award low bid on Bonds: July 14, 2008 Attachments: Ehlers Contacts: Sources and Uses and Debt Service Estimates Financial Advisors: Mark Ruff Stacie Kvilvang Shelly Eldridge (651)697-8505 (651) 697-8506 (651) 697-8504 Bond Analysts: Diana Lockard Debbie Holmes Bond Sale Coordinator Connie Kuck (651) 697-8534 (651) 697-8536 (651)697-8527 The Official Stater~aent for this financing will be mailed to the home of each Cozmcil Member at their home address for review prior to the sale date. ~1#L~R~ lli~illll O i11CtR AiA]t[ Page 2 42 Preliminary -For Discussion Purposes Only City of Columbia Heights, MN Proposed G.O. Public Safety Center Bonds, Series 20086 - $11.SM Bond Information Proposed G.O. Bonds, Series 2008 Dated Date 8/1/2008 Par Amount of Bonds 11,500,000 1st Interest Pymt 2/1 /2009 Other Fund Sources - 1st Principal Pymt 2/1/2011 Total Sources 11,500,000 Total Underwriter's Discount {.0075% ) 86,250 TIC 4.8500% Costs of Issuance 55,000 Deposit to Capitalized Interest {CIF} Fund 482,148 Deposit to Project Cons truction Fund 10,875,000 Rounding Amount 1,602 Total Uses 11,500,000 Principal Impact on Levy Collect Payment Cap Net P & 1 Tax Tax $200,000 Year Year Date Principal Rate Interest Interest P & 1 100% Base Rafe Home 8/1/2008 - - _ 2/1/2009 262,990 {262,990) - - 13,609,595 42.992% - 2008 2009 2/1/2010 525,980 {219,158) 306,822 306,822 13,609,595 45.246% 45 2009 2010 2/1/2011 230,000 3.10% 525,980 755,980 755,980 14,391,595 45.909% 58 2010 2011 2/1/2012 240,000 3.20% 518,850 758,850 758,850 2011 2012 2/1/2013 245,000 3.30°10 511,170 756,170 756,170 2012 2013 2/1/2014 255,000 3.35% 503,085 758,085 758,085 2013 2014 2/1/2015 260,000 3.45% 494,543 754,543 754,543 2014 2015 2/1/2016 270,000 3.55% 485,573 755,573 755,573 2015 2016 2/1/2017 280,000 3.60% 475,988 755,988 755,988 2016 2017 2/1/2018 290,000 3.70% 465,908 755,908 755,908 2017 2018 2/1/2019 300;000 3.80% 455,178 755,178 755,178 2018 2019 2/1/2020 315,000 3.90% 443,778 758,77$ 758,778 2019 2020 2/1/2021 325,000 4.00% 431,493 756,493 756,493 2020 2021 2/1/2022 340,000 4.10% 418,493 758,493 758,493 2021 2022 2/1/2023 350,000 4.25% 404,553 754,553 754,553 2022 2023 2/1/2024 365,000 4.35% 389,678 754,678 754,678 2023 2024 2/1/2025 385,000 4.45% 373,800 758,800 758,800 2024 2025 2/1/2026 400,000 4.60% 356,668 756,668 756,66$ 2025 2026 2/1/2027 420,000 4.70% 338,268 758,268 758,268 2026 2027 2/1/2028 440,000 4.80% 318,528 758,528 758,528 2027 2028 2/1/2029 460,000 4.95% 297,408 757,408 757,408 2028 2029 2/1/2030 480,000 5.00% 274,638 754,638 754,63$ 2029 2030 2/1/2031 505,000 5.00% 250,638 755,638 755,638 2030 2031 2/1/2032 530,000 5.00% 225,388 755,388 755,388 2031 2032 2/1/2033 560,000 5.00% 198,888 758,888 758,888 2032 2033 2/1/2034 585,000 5.25% 170,888 755,8$8 755,888 2033 2034 2/1/2035 615,000 5.25% 140,175 755,175 755,175 2034 2035 2/1/2036 650,000 5.25% 107,888 757,888 757,888 2035 2036 2/1/2037 685,000 5.25% 73,763 .758,763 758,763 2036 2037 2/1/2038 720,000 5.25% 37,800 757,800 757,800 11,500,000 10,477,968 (482,148) 21,495,819 21,495,819 TIF Districts A3 and C7 decertified for taxes payable 2010. CS is decertified for taxes payable 2011 but pre-79 fiscal disparities adj. to use all value. Assumes 5% overlevy taken from excess TIF received in 2009 for 2nd half payment of taxes Prepared by Ehlers & Associates, Inc. 3/1~2~08 ~j EHLERS Preliminary -For Discussion Purposes Only City of Columbia Heights, MN Proposed G.O. Public Safety Center Bonds, Series 20088 - $10.535M Bond Information Proposed G.O. Bonds, Series 2008 Dated Date 8/1 /2008 Par Amount of Bonds 10,535,000 1st Interest Pymt 2/1/2009 Other Fund Sources 1st Principal Pymt 2/1!2011 Total Sources 10,535,000 Total Underwriter's Discount (.0075°l0} 79,013 TIC 4.8500% Costs of Issuance 50,000 .Deposit to Capitalized Interest (CIF) Fund 401,440 Deposit to Project Construction Fund 10,000,000 Rounding Amount 4,548 Total Uses 10,535,000 Principal Impact on Levy Collect Payment Cap Net P 8 I Tax Tax $200,000 Year Year Date Principal Rate Interest Interest P & 1 100% Base Rate Home 8/1/2008 _ _ _ 2/1/2009 240,864 {240,864} - - 13,609,595 42.992% - 2008 2009 2/1/2010 481,728 (160,576} 321,152 321,152 13,609,595 45.352% 47 2009 2010 2/1/2011 210,000 3.10% 481,728 691,728 691,728 14,391,595 45.462% 49 2010 2011 2/1/2012 220,000 3.20% 475,218 fi95,218 695,218 2011 2012 2/1/2013 225,000 3.30% 468,178 693,1:78 693,178 2012 2013 2/1/2014 235,000 3.35% 460,753 695,753 695,753 2013 2014 2/1/2015 240,000 3.45% 452,$80 692,880 692,880 2014 2015 2/1!2016 250,000 3.55% 444,600 694,600 694,600 2015 2016 2/1/2017 260,000 3.60% 435,725 695,725 695,725 2016 2017 2/1/2018 265,000 3.70% 426,365 691,365 :691,365 2017 2018 2/1/2019 275,000 $.80% 416,560 691,560 691,560 2018 2019 2/1/2020 285,000 3.90% 406,110 691,110 691,110 2019 2020 2/1/2021 300,000 4.00% 394,995 694,995 694,995 2020 2021 2/1/2022 310,000 4.10% 382,995 692,995 692,995 2021 2022 2/1/2023 325,000 425% 370,285 695,285 695,285 2022 2023 2/1/2024 335,000 4.35% 356,473 691,473 691,473 2023 2024 2/1/2025 350,000 4.45% 341,900 691,900 691,900 2024 2025 2/112026 365,000 4.60% 326,325 691,325 691,325 2025 2026 2/1/2027 385,000 4.70% 309,535 694,535 694,535 2026 2027 2/1/2028 400,000 4.80% 291,440 691,440 691,440 2027 2028 2/1/2029 420,000 4.95% 272,240 692,240 692,240 2028 2029 2/1/2030 440,000 5.00% 251.,450 691,450 691,450 2029 2030 2/1!2031 465,000 5.00% 229,450 694,450 694,450 2030 2031 2/1/2032 485,000 5.00% 206,200 691,200 691,200 2031 2032 2/1/2033 510,000 5.00% 181,950 691,950 691,950 2032 2033 2/1/2034 .535,000 5.25% 156,450 691,450 691,450 2033 2034 2/1/2035 565,000 5.25°l0 128,363 693,363 693,363 2034 2035 2/1/2036 595,000 5.25% 98,700 693,700 693,700 2035 2036 2/1/2037 625,000 .5.25% 67,463 692,463 692,463 2036 2037 2/1/2038 660,000 5.25% 34,650 694,650 694,650 10,535,000 9,591,569... _(401,440) 19,725,129 19,725,129 TIF Districts A3 and C7 decertified for taxes payable 2010. C8 is decertified for taxes payable 2011 but pre-79 fiscal disparities adj. to use all value 'Assumes 5% overfevy taken from excess TIF received in 2009 for 2nd half payment of taxes Prepared by Ehlers & Associates, Inc. 3/1~~008 EHLERS COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: March 24.2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Public Safety Facility BY: Walt Fehst ~;~ BY:'M "~ r Construction DATE: March 20, 2008 DATE: ~~ Management NO: Subject: Contract with EDS to conduct Construction Management Services in building the City's Public Safety Building. Back„ round: The City Council of the City of Columbia Heights has considered over the past year the prospect of building a new Public Safety Facility. They have retained the services of the architectural firm of Buetow and Associates to do Phase Ipre-design of the site plan for this development of the NEI block located at 41S` Street and Jackson. Further, they will be entering a continuing contract with Buetow and Associates to design the final phase and specifications and have construction oversight of this Public Safety Building. The initial Public Safety Center study was presented to the Council on November 30, 2007. It is attached here for your review. It itemizes the shortcomings of the present work space, compares various suburbs' work loads and manning statistics, and makes recommendations on the amount of space recommended for modern police and fire facilities. (Please see attached pages 12, 13, and 14.) The projected square footage of the police, fire, and shared areas of the Public Safety Facility come to 38,706 sq. ft. at a projected cost of $10,550,000 (construction costs and soft costs). Analysis: City Staff, together with the Mayor (Council's representative), sought proposals from three construction management firms to be the City's representative as the General Contractor on the project. The firms were the following: Krause-Anderson., Bossardt Corporation, and EDS Consultants and Construction Managers. The firms had a one sheet proposal of fees which has been attached for your review. In summary, the total project costs for personnel (not including reimbursable expenses} are as follows: Krause-Anderson (duration 12 months) $445,000 Bossardt ($10.5 mil. x 3% $316,000) $503,200 (+$90 hr. x 2,080 187 200 $503,200 EDS (duration 12 months) $286,960 In addition to the substantial savings provided by the EDS firm, the City Staff and the Mayor felt that Doc Smith, the EDS President and the sole representative working on our project (with administrative back-up for billing) was uniquely qualified to handle all facets of the construction management project. The background references on Mr. Snuth, his work ethic, and his ethical 45 approach to the work were exceptional. AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ~ ITEM: Public Safety Facility BY: t~Talt Fehst f BY: r~ ~ ,~" _ R Construction Management DATE: March 20, 2008 DATE: NO: (page 2) In addition, Mr. Smith has back-up engineering help from his firm and has made arrangements with Adolphson-Peterson should additional assistance be needed (which is not anticipated.) Recommendation: Recommended Motion: Move to authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety Facility. COUNCIL ACTION: 46 A1ft L)oczznze~ni BSl)1IC,.~IIc~e r tr~~t~~r~ ~I~ where the Construction tUinnager is N07' a Constrztctor 1992 EDIi'ION THIS DOCL'rllENT HAS L47PORTAlVT LEGAL CONSE'QUEIVCES; CONSLtLT.4TION lx'ITH A.V ATTORNEY" IS EtVCOURAGED tx'ITH RESPECT TO ITS COtLIPLETION OR +~IODIFICATIO,V. This document is intended to be used irz cnrtjztnction udth t/~e 1)92 editions of AI.4 Documents B141!C.l9a, :i IOIICIt~Ia and A201,~C~b1a. AGREEMENT made as of the TWENTY FIFTH (In u~a"ds. indicate d~P, rrraztb and fear-} TWO THOUSAND EIGHT day of MARCH in the year of BETWEEN the Owner: (Name anti address) CITY OF COLUMBIA HEIGHTS 590 40~" AVENUE NORTHEAST COLUMBIA HEIGHTS, MN 55421-3878 and the Construction Manager: (Name and actdressj EDS BUILDERS, INC. 404A SAINT CROIX TRAIL NORTH LAKELAND, MN 55043 for the following Project: (!nclnde detat[ed descrrptirn ojProject, location. address and scope) COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 825 41ST AVEN U E COLUMBIA HEIGHTS, MN 55421 The Architect is: (Nmne and address} BUETOW AND ASSOCIATES, INC. 2345 RICE STREET, SUITE 210 ST. PAUL, MN 55113 The Owner and Construction ivianager agree as set forth bciocv. lup;ri;htl9'i 19Su ol~r~2hjTheAmrricantnsti[ute~--,f.4:chttec[s,l"'35`les.,~Y~arh:\venuC:V\X,\Ga,hu*[un:Ul..'U000r-~ ? Rcproduiti~',nof[hematerialhe-ein. or ,ubstantial quotation of its provisions m'i[iiout wri[[en pet mission of the ALA ciala[es the cupVright I:r~.vs of the Uni[rd '±tate, and will Subject the viclat>r t0 legal prosecu[ion Afc'< DOCUMEdIY 8801/CMa ~ OWNEh ~ONSTF;IJCT]ON iV13VAGER AGRE8iv1Eti"[' ° 1)i2 ~~ CDITIi~~i n .AIA'fl ©19513 • THE A1tilER1(:AN [i`IS'CI'1'GTE OF ARCHiTSCI's, 17i~ NEFL' "m:; as YORK AVFNI E, N CV., \A~ASEi]NC+T(9Iti, D C 3ooriG-5'r,? a 1i~t~~11NC: Unlicensed _..---, photccepying vielat=s U.S. cep/right loots and ~viil sub{=ct the ~tsoia ., to legal prosacuiion. ~'~~~~C~J~~°~ ~~~ ~ TERi~iiS :~i~t~ Ct~`dDiT~C7i~S C3F ~~r~-~~Ei/IE~i 1 ~ET~~i/Ei~d ARTICLE 7 CONSTRUCTION MANAGER'S RESPONSIBI~.ITIES 1.1 CONSTRUCTION MANAGER'S SERVICES 1.1.1 The Canstruction Manager's services consist of those services performed by the Construction Manager, Construc- tion Manager's employees and Construction Manager's con- suhants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. i.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AIA Document B141/Civfa, Standard Form of Agreement Between Owner and Architect, Construction Manager-Adviser Edition, current as of the date of this Agreement. 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and eco- nomical manner consistent with the interests of the Owner. 1.1.4 The services covered by this Agreement are subject to the time kr~titations captained in Subparagraph 13.x.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Consrruction Manager's Basic Services consist of those described in Paragraphs 2.2 and 2.3 and any other ser- vices identified in Article 14 as part of Basic Services. 2.2 PRE-CONSTRUCTION PNASE 2.2.i The Construction Manager shalt review the program fur- nished by the Owner to ascertain the requirements of the Proj- ect and shall arrive at a mutual understanding of such require- ments with the Owner. 2.2.2 The Construction Manager shall provide a preliminary evacuation of the Owner's program, schedule and construc- tion budget requirements, each in terms of the other. 2.2.3 Based on early schematic designs and other design cri- teria prepared by the Archirect, die Construction Manager shat! prepare preliminary estimates of Construction Cost for pro- gram requirements using area, volume or similar conceptual estimating techniques. The Construction Manager shall pro- vide cost evaluations of alternative materials and systems. 2.2.4 The Canstruction Manager shall expeditiously review design documents daring their development and advise on proposed site use and improvements, selection of materials, building systems and eyuipment, and methods of Project delivery. The Canstruction Manager shall provide recam- mendatians on relative feasibility of canstructian miethods, availability of materials and tabor, time requirements for pro- curement, installation and construction, and factors related ro construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and pos- sible economies. 2.2.5 The Construction ?vSanager shall prepare and period- ically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the pardon of the pre- liminary project schedule relating to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's sen•ices, the Architect's services and the Owner's respansibilities with anticipated construction schedules, high- lighting critical and fang-lead-time items. 2.2.6 a -- - -~ ~~~ .~ tfitcn2s,°-t ~-C-r~ ,~~~u' e- -t . The estimated cost of each Contract shalt be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction &Sanager shall ad- aise the Owner and Architect if it appears that the Construc- tion Cost may exceed the latest approved Project budget and make recommendations for corrective action. 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the Construction Docu- ments and make recommendations whenever design details adversely affect canstructibility, cost or schedules. 2.2.8 The Construction Manager shall provide recommen~ dollops and information to the Owner and Architect regard- ing the assignment of respansibilities for temporary Project facilities and equipment, materials and services for com- mon use of the Contractors. The Construction Manager shall verify that such requirements and assignment of respon• sibilities are included in the proposed Contract Documents. 2.2.9 The Constntction Ntanager shall provide recom- mendations and information ro the Owner regarding the allocation of responsibilities For safety programs among the Contractors. 2.2.10 The Construction Manager shall advise on the divi- sion of the Project into individual Contracts far various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Con- tracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommen- dations as required to provide that (I) the Work of the Con- tractors is coordinated, (2) all requirements for the Praject have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes teas been minimized, and (4) proper coordination has been provided Far phased canstruetion. 2.2.11 The Construction ivianager shall prepare a Project con- struction schedule providing far the components of the G`Vork, including phasing of canstruetion, times of comrnencement nth DC+CUPAEi`!i E8o1/C{lrla = OCt'NEP.-CONSTRUCT[O;1 1.L~NAGER AGREE31E~aT l~'_ EDITION °AIA`-'' ° C5~199? ° THE A~IERIG`.N 1NSTrrUTE Ur ARCHITECTS, I;;~ NEC` 'rORt< AVEDIUE, N.W., W~15HINGTON, bC. 20U(36-SZ~i? NIARNIFlt3: Unl{cansed photocap~~ing v{olat:s U.S. cod/right lams and w{{{ <_ubject fha v'sofa.or to {egal orosa~$ion. and completion required of each Caniractor, ordering and delivery of products requiring long lead time, and the occu- pancy requirements of the Owner. The Construction Man- ager shall provide the current Project construction schedule for each set r_,f bidding drlcumenis. 2.2.12 The Construction Manager shall expedite and coor- dinate the ordering and delivery of materials requiring long lead time. 2.2.13 The Construction tilanager shall assist the Owner in selecting, retaining and coordinating the professional ser- vices of surveyors, special consuhants and testing laboratories required for the Project. 2.2.14 The Construction Manager shall provide art analvsis of the types and quantities of labor required for the Project and review the availability of appropriate categories. of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effeca of labor shortages. 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. 2.2.1& Following the Owner's approval of the Construction Documents, the Construction Manager shall update and sub- mit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's approval. 2.2.17 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. 2.2.18 The Construction Manager shall develop bidders' in- terest in the Project and establish bidding schedules. The Construction b4anager, with the assistance of the Architect, shalt issue bidding documents to bidders and conduct pre- bid conferences with prospective bidders. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. 2.2.19 The Construction tilanager shalt receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. 2.2.20 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits far permanent improvements, e?tcept for permits required to be obtained directly by the various Contractors. The Construction Ivlana- gershall verify chat the Owner has paid applicable fees and assessments. The Construction Manager shalt assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of govern- mental authorities having jurisdiction over the Project. 2.3 CONSTRUCTION PHASE-ADMINISTRATION OF THS CONSTRUCTION CONTRACT 2.3.1 The Construction Phase will commence cvidl the award of the initial Construction Contract or purchase order ar,d, together with the Construction Manager's obligation to pra- vide Pasic Services under this Agreement. Lill erid ji7 <tavs after final payment to all Contractors is due. 2.3.2 The Construction ilanager shah provide administra- tion of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Docu- ment A'OUCt~4a. General Conditions of d1e Contract for Con- struction, Construction Nlanager:Adviser I3dition; current as of the date of this Agreement. 2.3.3 The Construction Manager shall provide administra- tive, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accor- dance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. 2.3.5 utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Proj- ect construction schedule incorporating the activities of the Contractors nn the Project, including activity sequences and durations, allocation of tabor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of prod- ucts requiring long lead time and procurement. The Project construction schedule shall include die Owner's occupancy requirements showing portions of the Project having occu- pancy priority. The Construction Manager shall update and reissue the Project construction schedule as required ro show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. 2.3.8 Consistent with the various bidding documents, anti utilizing information from the Contractors, the Construc- tion Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not tieing fulfilled. 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction &lanager shall show acnraf costs for activities in progress and esti- mates for uncompleted tasks by way of comparison with such approved estimate. 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between acwal and budgeted or estimated costs. 2.3.10 The Construction Manager shall maintain account- ing records on audZOrized Work performed under unit costs, additional ~Y/nrk performed on the basis of actual costs of labor and materials, and other ~~t'ork requiring accounting records. 2.3.1"! The Construction Manager shall develop and imple- ment procedures for the review and processing of applica- tions by Contractnrs for progress and final paymenu. !tl.A U~CU~~3~PIi 88G'1/CNIa =l'ri'G'NER-CODtSTRUCTION MANAGER AGHEEMe iT a t992 EDITION ~ AL4~' s ~~1~42 m THE AMERICAN !NS'CITCTE OF ARCHITECTS, t'i5 NE~Y' YORK AVE,t~'LE. N`.B', Vr:~SHf~iGTON, C>C 2nprr?-5?9? s N/ARt4l~IG: Unticens=d ~ ~~r'~~~Cl~~~=~ ~'~~ pnotcca~+/t~~victages U.S. ee~+/righi lau~r and Nlil1 euhjact the violator to legal ~rosecuiion. '?.3,11.1 Based un the Ccinsu-t:ciion ~:ian':rger s observations and Cv:tlttatrt~nS 6f each C<JnitaC_I.U!'S r`.pphCatron fOL Pat`n.eni, tl.c Constriction Allanager shall reviec, and cerrifr the ar,7ounis date the respective Contractors. 2.3.11.2 The Construction c'~lanager shall prepare a Project Applicatiun fur E~avnrent based on dte Contractors' Certificates for Payment. 2.3.11.3 The Construction Ntanager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site as pro- vided in Subparagraph 2.3.11 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, infornation and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work For conformance with the Contract Documents upon Substantial Completion, w results of subsequent tests and inspections, to minor deviations from the Cona-act Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certitieate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (11 made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences For the Contractor's own Work,~r procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's righ[ to payment or (=t) ascertained how or for what purpose the Contractt~r has used money previously paid on account of the Contract Sum. 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for pur- poses of coordinating the safety programs with those of the ocher Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Con- tractors, Subcontractors, agents or employees of the Con- tractors or Subcontractors, or any oilier persons performing portions of [he Work and not directly employed by the Gonseruction Manager. 2.3.13 The Construction Ivlanager shat! determine in gen- eral that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficien- cies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additior~ai inspection or testing of die Work in accordance with the provisiuns of the Contract Documents, whether or not such Work is fabricated, installed or com- pleted. The Constructi<n Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.14 The Construction Manager shall schedule and coor- dinate the sequence of construction in accordance with the Contract Documents and the latest approved Project con- struction schedule. 2.3.13 ~`G'iti~ respect to each Contractor's oven L`Gbrk, the Con- struction Manager shall not have control over or charge of and shah not be responsible for construction means, meth- ods, techniques, sequences ur procedures, orr;~r safety precautions and programs in connection with the `ti'ork of each o'i the CUnCraCR)IS, since these are s~;lciy tiro I.UnRHC- tor's responsibility under the Contract for Constructiun. The Construction Manager shall not be responsible fora Contrac- tor`s failure to carry out the Work in accordance with the respective Contract Documents. The Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. 2.3.16 The Constriction Manager shall transmit to the Archi- tect requests for interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifi- cations to the Documents. 2.3.18 The Construction Manager shall assist the Architect in the review, evaluation and documentation of Claims. 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the Owner with a copy to the Architect. 2.3.20 in collaboration with the Architect, the Construction Manager shall establish and implement procedures for expe- diting the processing and approval of Shop Drawings, Prod- uct Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Sam- ples and other submittals from the Contractors. The Construc- tion Ntanager shat( coordinate submittals vrith information contained in related documents and transmit to the Archi- tect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken. with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors. 2.3,21 The Construction Manager shall record the progress of the Project. The Construction Manager shalt submit writ- ten progress reports to the Owner and Architect including in- formation on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of com- pletion. The Construction Manager shall keep a daily log con- taining arecord of weather, each Contracror's y~G'ork on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar rele- vant data as the Owner may require. 2.3.22 The Construction !Manager shall maintain at the Proj- ect site for the Owner one record copy of alt Contracts, Draw- ings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor ar profes- sionaf engineer. The Construction Manager shall make alt such records available to the Architect and upon completion of the Project shall deliver than to the Owner. ~1k DoCU4Vi~C~IT 8301/COfla = O`~X'NEP.-CGpJtiTRt'C:TIi)N ,~L~NAGER AC;RE6'~IENl" m 1493 (iDlTlo~i ~ A[A"'' ° C~ti~t3 e Ttl[ aSiERllalN ]NtiTI-r t:1-E OF dkCf(ITECTS. 1'ii p7£=`,X' 1'C3RF: ACENL'E, No`r'. ~;~'.45HING`rOti. UC. 3utruu-i29' ~ NIARMlPlG: Unlicensed phatacoc/i%g viola~_s U.B. cacyrighi 1 ,ors aid +nfill subj2LY tf~e vi~i~tar to toga( prose&Ql~n. 3~11r~~~~~°i~l~~ ~ 2.3.23 The Canstnlctio.~ Manager sl^,all arrange for the delricry, storage, praiection and security of 0~-rer-purchased materials, systems and equipment chat are a part of the Proj- ect until such items are incorporated into the Project. 2.3.24 with the Architect and the Owner's maintenance per- sonnel, the Construction Manager shad observe the Contrac- tors' final testing and start-up of utilities, operational systems and equipment. 2.3.25 When the Construction Manager considers each Con- tracror's ZX~ork or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete ar unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conduca ing inspections to determine whether the Work or designated portion thereof is substantially complete. 2.3.26 The Construction Manager shall coordinate the cor- rection and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. 2.3.27 The Construction Manager shall secure and trans- mit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Constnution Manager shall forward to the Arch:tgct a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, madified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreason- ably withheld. ARTICLE 3 ADDITIONAL. SER1fiCES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless sa identified in Article I~, and Chey shall be paid for by the Owner as provided in this Agree- ment, in addition to the compensation for Basic Services. The Optional Additional Services described under Paragraph 3.3 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Addi- tional Services in Paragraph 3.2 are required due to cir- cumstances beyond the Construction ,'Manager's control, the Construction Manager shall notify [he Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. IE the Owner indicates in writing that all or part of such Contingent Additional Sen~ices are not required, the Con- struction Manager shall have no obligation to provide Chase services. 3.2 CO~ITiB~GENT A~l31Ti041AL SERVICES 3.2.1 Providing services required hecause of significant C1_?angeS in the PLOjeCt tnCltldirt~, bt;t not llmitcd tip, C11ae;geS in size, quality, camplesity ar the Ovmer's schedule. 3.2.2 Providing COnSi?ltatiall C:UnCetnlna replacement of lx'ork damaged by fire ar other cause during cansinictian, and furnishing services required in connection with the replacement of such C~'ork. 3.2.3 Praviding services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, ar by failure of performance of either the Owner or Cantractor under a Con- tract for Construction. 3.2.4 Providing services in evaluating an extensive number of claims submitted by a Cantractor or others in connection with the Work. 3.2.5 Providing services in connection with a public hear- ing, arhitration proceeding or legal proceeding except where the Construction Manager is party thereto. 3.3 OPTIONAL ADD(TtONAL SERVICES 3.3.1 Providing services relative to future facilities, systems and equipment. 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereaf. 3.3.3 Providing services to verify the accuracy of drawings or ocher information furnished by the Owner. 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of fur- niture, furnishings and related equipment. 3.3.5 Providing services for tenant improvements. 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a pragram which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flex- ibility, expandability, special equipment, systems, and site requirements. 4.2 The Owner shalt establish and update an overall budget for the Project based on cansultation with the Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingen- cies related to all of these costs. 4.3 If requested by the Construction b'Ianager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render deci- sions in a timely manner pertaining to documents submit- ted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. 4.5 The Owner shall retain an architect whose services, du- ties and responsibilities are described in the edition of AIA Ate ©c~CtdN]€~3T $S01/G~Ila + O':,~NER-CO^ISTRI;CTIOni M?~~iAGER AGREEMEti"[' + 119_' EDITION + AI,4~ = 61992 + THE ALIERICAPd IiVSTtTLTE Or' ARCHITECTS, I',~ NE~~' YORK AVE~t~ UE, NW, u;'ASHItvG7'OI`i, DC. 21)!)06-1392 + N/,c>.i~P11P4G: UettiCvttSEt! 5 ~'~'i~i>rC7~1i~°'I1~~9 pd~otoc©p~fr~~vro8a#esU.S.capyrightlsa/sasxtwilt~ErjecYtheviolatert~.legaiprasa~utiosl. Document B1zilCiyfa, Standard Farm of Agreement Bet~vvicen Owner and Architect, Construction R~Ianager-Adviser Edition, current as of the date of this Agreement. The Terms and Con- ditions of the Agreement Betw~~een the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be unreasonably withheld. The Construction Manager shall not be responsible far actions taken by the Architect. 4.6 The Owner shall furnish structural, mechanical, chemical, aic and water pollution test`s, tests for ha2ardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.7 The Owner shall furnish alI legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including attditing services the Owner may re- wire to verify the Contractors' Applications for Payment or ro ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. 4.9 The services, information and reports required by Para- graphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Constructian Manager shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or nan- conformarice with the Contract Documents. 4.1i The Owner reserves the right to perform construction and operations related [o the Project with the Owner's own forces, and to award contracts in connection with the Proj- ect which are not part of the Construction Manager's respon- sibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will. interfere with the Construction Manager's ability to perform the Canstruction Manager's responsibilities under this Agree- ment. When performing construction or operations related to the Project, the Owner agrees to be suhject to the same abligatians and to have the same rights as the Contractors. 4.12 Information or services under the Owner's control shaII be furnished by the Owner c~•ith reasonable promptness to avoid delay in the orderly progress of the Construction Man- ager's services and the progress of the Work. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall he the total cost or esti- mated cast to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially pro- vided tar by the Architect, pies a reasonable allowance far the Conu-actors' overhead and profit. In addition, a reason- able allowance for contingencies shall be included Eor market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Subparagraph 5.L3, Constntctian Cast shall also include the compensa- tion of the Construction Manager and Construction ivfan- ager's consultants. 5.1.3 Constructian Cast does not include the campensa- tian of the Architect and Aechitect's consultants, casts of the Land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Constructian Cnst; then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Canstruction Manager or Construction b4anager`s consultants. 5.2 RESPONSIBILITY FOR CONSTRilCTtON COST 5.2.1 Evaluations of the Owner's Project budget, prelimi- narv estimates of Construction Cost and detailed estimates of Construction Cast prepared by the Canstruction Manager represent the Constructian Manager's best judgment as a per- son or entity familiar with the construcuan industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Constructian Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. 5.2.2 Na fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such filed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Con- struction Manager shall be permitted to include contin- gencies for design, bidding and price escalation, and shall con- sult with the Architect to determine what materials, equip- ment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclu- sion of akernate bids in the Canstruction Documents to adjust the Canstruction Cast to the fixed limit. Fixed limits, if any. shall be increased in the amount of any increase in the Con- tract Sums occurring after execution of the Contracts for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construc- tion Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the OR.rner and the date on which proposals are sought. 5.2.4 IF a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Con- struction Manager's estimate of other elements of Construc- tion Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit, .2 authorize rebidding or renegotiating of the Proj- ect v~ithin a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 9.3; or r'~1?. DOCUA~7€3'!i B8011CP/la • O\XN6R-COPiSTRUCTIUN ~LAi`tAGER AGREF.J•tENT • l99Z EUIT[OV ° AfA`~ • '?ll)')_' • THE aMERICAPd INSTITCiTE OF ARCHiTFCTS. 1?~5 PiECG' Y'ORIf AVENUE, Iti~Y1.. WASH(NGTaN, U.C. 2Ut706-5''9_' • WARPlING: Unlicensed pha~acopying violates U.S. copy/right la~nr and wiiil su6jeci the violafor to legal pra~ution• ~+~1~'i!~C~9a~-'I~~2 ~ 4 c~~operrte in revising the Projzci scope and qualii} as required to reiiuce iile Construction Cos€. 5.x,5 If tl'ee Owner chooses to proceed under Clause 5?.-.=i, the Construction I4lanager, without additional charge, shall ;:ooperatc with the Owner and Architect as necessary to bring the Construction Cast within the fixed Limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES 6.1 Construction support activities, if provided by the Con- struction Manager, shall be governed by separate contrac- tual agreements unless otherwise provided in Article lei. 6.2 Reimbursable expenses listed in Article 1=i for construc- tion support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrete to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 7.i The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractorsis described. The Construction Manager may retain one record set. The Construction :Llanager shall not own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain al! common taw, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon com- pletion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof fur- nished to the Construction Ivianager, are for use solely with respect to this Project. They are not to be used by the Con- struction Manager on other projec s or for additions to this Project outside the scope of the Work without the specilie written consent of [he Oarner and Architect. The Construc- tion Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the performance of the Constriction Manager's services under this Agreement. All copies made under this license shall bear the statutory copyright notice, if any, shown on [he Drawings, Specifica- tions and other documents prepared by dze Architect. Sub- mittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Archi- tect's copyright yr other reserved rights. ARTICLE 8 AR131TRATION 8,1 Claims, disputes or other matters in question between the prarties to this Agreement arising out of or relating to this ~sta~ :?grecmeni or breach thereof~c subject io and decided by arbitration in accordance with the Construction Industry ~',rbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. 8.2 Remand for arbitration shall be flied in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen In no event shall the demand for arbitration be made after the date when institution of Icgal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 8.3 No arbitration arising out of or relating w this Agree- ment shall include; by consolidation, joinder or in any other manner, an additional person or entity nut a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Constnrc- tion Manager, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or en- tity duly consented to by the parties to this Agreement shat( be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 8.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 9 TERMINATION, SUSPENSION OR ABAND®NMENT 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through nu fault of the parry initiating the termination. 8.2 If the Project is suspended by the Owner for more than 3U consecutive days, the Construction Manager shall be com- pensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to pro- vide fret expenses incurred in the interruption and resump- tion of the Construction Manager's services. 9.3 This Agreement may he terminated by the Owner upon not Less than seven days' written notice to the Construction Manager in the event that the Project is permanently aban- doned. If the Project is abandoned by the Owner for more than 9U consecutive days, the Construction Manager may ter- minate this Agreement by giving written notice. 9.4 Failure of the Owner to make payments ro the Construc- tion Manager in accordance with this Agreement shall be con- sidered substantial nonperformance and cause for termination. 3.5 if the Owner fails to make payment w12en due the Construction Manager for services and expenses, the Con- struction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreemen[. Unless payment in full is received by the AIR DOCl~41i18tVT 8801/CSUIa ~ V\.-NER-CONSTRUCTIOPI Lilti,1GER AGkEE1tEVT 19 )? EU1T[O~~ Ali" _ '-1992 m THE AMERICAN INSTITUTE- OF ARCHITECTS. P~5 NEw Yi~R(C AVENUE, hI~E', C4'e1SH[NGTON, GC 'OOgti-5_i' • W.4RhdIPdt3: UNic=need ~ I~ii'~1 ~>W t~d~ ri°~ ~~~ Qrotaccpyig~,~,iolat:s U.S. car~yright laws and wilt srt2~l~cf the vieiat~r to !=_ga! ~e3saeuticn. Cl'l ['2S[rtlctron i~,l2li_J. per i~,'l il'1 Ll SCVe!< days Ot the date Ol Clte nonce, the suspension shall take effcCi without further noiice_ In the event of a suspension of services, the Construction ,btanager shaii have no habltiir Io iiie OvvttCI fUr det3y oC dan-~age caused ru the C:~z'ner hecausc of such suspension of services. 9.6 In the event of termination not the fault of the Canstnrc- tion ivianager, the Constntctiun ivianager shall be compensated for services performed prior to termination, rogether with Reimbursable Expenses then due and all Termination Ex- penses as defined in Paragraph 9J. 9.7 Termination Expenses are those costs directly attribut- ahle to termination for which the Construction Manager is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. 10.2 Terms in This Agreement shall have the same meaning as those in the edition of AIA Dacurnent A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. 10.3 Causes of action between the parties to this Agree- mem pertaining to acts or failures to act shall be deemed to have accr1ted and the applicable statutes of limitations shall commence io run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.4 Waivers of Subrogafiort. Tlie Owner and Construction ivanager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Condi- tions of the Contract For Construction; Constriction Martager- Adviser Edition; current as of the date of this Agreement. The Owner and Construction Manager each shall require similar waivers from their Contractors, Architect, consultants, agents, and persons or entities awarded separate contracts adminis- tered under the Owner's own farces. 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successi~rs, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all. covenants of this Agree- ment. Neither Owner nor Construction ivianager shall assign this Agreement without the written consent aP the other. 10.6 This Agreement represents dte entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations ur agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Con- struction Manager. 10.7 Nothing con[ained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third pari-q• against either the Owner or Construction ivianager. 10.3 Unless otherwise provided in tl?is Agreement, the Con- struction. Pdanager and the Cortstruc ion ivlana4er's consultants shall have no responsibility for the discos'erv, presence, han- dling, removal or disposal of ar exposure of persons to hazar- dous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (YCB} or other toxic substances. ARTICLE 11 INSURANCE 11.1 CONSTRUCTION MANAGER'S LIAS1LiTY INSURANCE 11.1.1 The Construction ivianager shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Construction Manager from claims set forth below which may arise out of ur result From the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .1 claims under workers compensation, disability benefit and other similar employee benefit acts which ace applicable to the operations to be performed; .2 claims for damages because of bodily injury, occu- pational sickness or disease, or death of the Con- struction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; .4 claims for damages insured by usual personal injury _ . liability coverage which are sustained (1) by a per- son as a result of an offense directly ar indirectly related to employment of such person by the Con- struction Manager, or j2} by another person; .5 claims for damages, other than to the Work itself, because of injury to ar destruction of urngible prop- erty, including lass of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in Arti- cle 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claimsrnade basis, shall be maintained without interruption from date of commencement of operations under this Agreement until dace of final payment and termination of any coverage required to be maintained after final payment. ARTICLE i2 PAYMENTS TO THE CONSTRUCTION MANAGER i2.1 DIRECT PERSONNEL EXPENSE 12.1. i Direct Personnel Expense is defined as the direct salaries of the Constnlction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary conu-ibutians and benefits related thereto, such as employment taxes and other stanrrory employee bene- AIA BOCtl;tiAcol l n8Gil~Dila • O`:L'uF.R-Ct)tJ.ti'I'Rt'CT10[v RfANAGER .AGREEn(E'iT ®II')' EGITiON • A[A'~ • C_.I~iv> • "1~t-tt A~-ILRII:AN IISTITUTE VF ARCHITECTS, I'ii ivEii' 1'i 1RF A.'EN['E. ;~; ~X~ , Cw:-~tiHt*;GTOU, D C 2irDOti-539' • WARt`IID1G: t;nlicensed pho?ccoryirg vioiat~s U.B. ccc?/right fa~nis and u~i91 subject the violator to I gsl pres~on. ESO11CIb~~~19J2 ~ fits; insurance, sick leave, holidays; vacations, pensions and similar contributions and benefits. 12.2 REIIU'ia?URSAr LE EXPENSES 12.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. 12.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; tong-distance communications; and fees paid for se- curing approval of authorities having jurisdiction over the Project. 12.2.1.2 Expense of reproductions, postage, express deliv- eries, electronic facsimile transmissions and handling of Draw- ings, Specifications and other documents. 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 12.2.1.4 Expense of additions! insurance coverage or limits requested by the Owner in excess of that normally carried by the Construction Manager. 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 12.3.1 An initial payment as set forth in Paragraph 13.1 is the minimum payment under this Agreement. 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, sYiall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 13.2.1. 12.3.3 If and to the extent that the time initially established in Subparagraph 13.5.1 of this Agreement is exceeded or extended through no fault of the Constrrction ~danager, com- pensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 13.3.1. 12.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on thane portions, in accordance with Subparagraph 13.2.1, based on (1} the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the latest approved estimate of such portions of the Project. 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSASLE EXPENSES 12.4.1 Payments on account of the Construction Manager's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Man- ager's statement of services rendered or expenses incurred. 12.5 PAYMENTS WITHHELD 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contrac- tors, or on account of the cost of changes in VGork other than those for which the Construction Manager has been found to be liable. 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 92.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Birect Personnel Expense shall be available to the Owner or the Owner's authorized represen- tative at mutually convenient times. E`,i,a DOC1JPr7~i+IT E80~lCMa OC4'PfERCOVSTRUCTION ~.l.~l<iAGER AGREEMEVT ® Ey)2 EDITION AIA'~`' ® C5%t992 ~ THE A'~1F.RICAN INSTITUTE OF ARCEIITECTS, 1~» ;tiEW PORK Av"'VUE, Iv W', CUASHINGTON, DC 2000(-5'?}? , yt/gRNdNG: t9r}licens~~ .~~"~ JOt~~~~1 ~~2 pi}otccopv violates t1.S. copyright I-wr snd wrill >u~ject the vioiafor to legal preseavt9®n. 1 he Owncr Shall COmGeilSate Ch° !~;r~~gCrtirCi~~r! i`/11.7_i"=: as foiloCvs: 73.1 AN INITIAL PAYMEI~IT of i~~4~ j~~LL,~s,~~ Dollars (~' shall be made upon execution o~ this Agrce!neni anti credited to the Owner's account at final payment 13.2 BAS@C C011rlPENSAT@ON 13.2.1 FOR BASIC SERVICES, as described in trtle6~ ' a-.'_ an t i~cc;~t .,_~, , , ,u•ic L :.:-r r Ir i= ~ ; _,: _ of Basic Servlccs, Basic Compensation shall be computed as follctsYs: LI.1~;1P SU~,1 ail` $28~s 9i7C1 OI:7 T~~lv 1-1tJ'~DRI=i~ EI,HT,,f S@~ THDDSAFSD For Pre-Construction Phase Services: h~l@`<E Htlh@DREI~ SIXTY AND 00/100THS DOLLARS (/zta:ert haws o% cuntpensn_tinn urcludrrr, ~!i/+u!ated sztnrs. rrultynlve „r narceota~es.l $39,920A0 THIRTY P31NE THOUSAND l+lif~lE 1-IUNDRED T ittIENTY AMID 00/100THS DOLLARS $9,980.00 PER MONTH For Construction Phase Services: f'Arsert hosts rJl cutnpensntuut. indudiu>; stipulated soots'. multiples nr ne%~e,?taKes $222,720.04 TWO HUNDP,ED TWENTY T s1V0 T H(}USA0.ID SE'+/EN i-IUh}DIRED TWENTY AND 00/100THS DOLLARS $20,247.27 PER MONTH CLOSE-OUT PHASE $24,320.00 TWENTY FOUR THOUSA~3D THREE HUNDP,ED TWENTY AND 00/100TH5 DOLLARS $12,7&0.00 PER MONTH 13.3 OOMPENSAT@ON FOR A00@T@ONAL SER~+@OES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: (Rtrert basis uJ compensaticut. tnduding rates and~r nttdtiples of Direct Persoruze! F.rpense jur Principals arzd emplgpees. acrd identiJi, Yrntcipats and classiji, enrplnpecs. rf requrred lclentijp specific serr•ices to which pnrtictalar methods of compenxztion app(p, ij'rrecessary) COR@STRUCTION MANAGER $80.00 PER HOC3R ASSISTANT $40.00 PER HOUR 13.4 F3E@MBURSABLE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 12.2, and any other items included in Article 14 as Reim- bursable Expenses, a multiple of ONE ( 3.0 )times the expenses incurred by the Construction Mangier and the Construction Man:, er's employees and consultants in the interest of the Project. GENERAL CONDITIONS EXHIBIT A 13.5 ADDITIONAL PROMS@ONS 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( } months of the date hereof, through nu far_~it of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Subparagraphs 12.3.3 and 13.3.1. 13.5.2 Payments are due and pavable TIJVE~@TY ( 20 }days from the date of the Construction Manager's invoice. Amounts unpaid THIa-1-y ; 30 ) days.afrer the invoice date shall bear interest at the rate entered below, or in the absence thercor at t ~ - ~ : talc pr_~/_tii;ti` t,-a;rr. r Ie tit time at the principal place of business of the Construc- tion Manager. . (Insert rate of rnterest agreed ztpon.) LeCJ81 i'a#v^• CIF jn#ereS#, aS Se# b~ @Vl111neS9#a S#a#13#iS ( Usurp iaa~s anti requirements under the Fec%~~:.xt ,Ti-?rtb in Lending r1 U, sinilar stcxte anal Ic+azl co:rsttmer z:redtr (~?trs and other regufatrorrs at f;~e (Jtt•ner i cnzd Consh'uctiwz tY/a rutger's princtpa! places of business, the locattora of the Project aaxd efsezrhere mnl, afjzct r/~e rezlidltl, uJ dris p;eu~isiun Specific le[;al ctdrtw should he obtntnact zrith respect to deletions or nxn<tificairons, and also regcxrdink requirements such as written drsdostrres ar u~air•ers. 33,5.3 The rates and multiples set forth for P.dditional Services shall be annually adjusted in accordance with normal salary review practices of the Construction i4lanager t11:A E3~t?~U~ri=S~9's S3t3i/C;iti~ ~ 000~1'cR-LONSIRCJCTIOPI ~•I:L~i_1GER AGREE?,tENT ~ 1~'~9= EDITIC~Ai a AIA'-' > ©199? ~ TPiE AA,[ERIi:ASt INSTITUTE uE ARCHITECTS, 1'95 tiEG' Y'C7KK .4i'ENUE, N.~`U„ W4iHINGTON, DC. ?GGOii-5?92 •~ V'r1:1'ri'~l9sRG: llniicetrs2d p~S~a'~~a~yir~~19,9aa_aU.S.cay~;/r+c~4`;I~nrsan;~ntdllsz~g ,Y^=iiaiuz~rt~9_~eiNeLss~iun• ~80`lt'~slla~3~'~~ "lid ,r. t=iii..,-~~ ,A _.~I tDrsert destrr!}hn,r~ .}J urhvr aert ;res. tCl~°~rtr_!P .-4~tc7ttin,ecN gM, r ire.; tno(e~taed t. %; (urt ,°aStc r~un~e~eu-~ct(trrn c'r~r ~ /rec '~ tre r~ ti~~~ t,~x l'tnei,i o~ru <<,,na/~e+u~7t~nrr tsrnz.c vulu~jed iir this .-Inreemeirt i~a,° ~3~~"eta ~9tl 8~.~.~Y'a';dh 0~.~ The insurance required b9 Article 11 shat] be written for not less than the tt'~llnwing limits, or greater if required by la~~~r~ i(~is'e,? ll~e slieuf?~ c(n!!nr ur,?u~u~ts Jin tl'e etpprrpri~tte (rzsuranca limits cj liala7lfiitJ The Construction Manager's Comprehensive Genera! and Automobile Liability Insurance, as required by Subparagraphs 11.1 and 11.1.2 shaP! be written for not less than limits of liability as follows: a. Comprehensive General Liability 1. Personal injury $1,000,000. Each Occurrence $1,000,000. Aggregate (Complete Operations} b. Property Damage $2,000,000. Each Occurrence $2,000,000. Aggregate This Agreement entered into as of the day and gear first written above. OJG'NER (Sr~;nattere) (Printed name mrd title) CONSTRUCTION NI.4NAGER (Printed nar>:e ancf title} `~.62'a ~C+.,4J6t(1~4~97 ~?Rilc6Uia s O\kTlER-COi~ISTRIiCT'P: is ,t21NAGER Ai;RL-E;b[Ei-iT ~ 199? Ei~[1lOiQ ~ AL1~ ~ ri1992 ~ THE ANt%R1C.APi [^1STITUTE Or 4RCHITECTS, 1Tjj PdEtiU `'~~RK. aVEifC.E t`7 W' ~"'~.SH[i,GTp;v, D~ . i~~iUC ~>>- tt~f ~-,i~9a $a: 4}n[3 °6~ ~+6 „~c~y,~6rc ta~c7a:rs .S. cr~~~~r6,cz~ 6~~rts ~.,~ err=J _uN; ~~ .S._ ..o,;?u ~r -~ fe~a! p:~Us~~e;©s,. Exhilsit °`A" These are the items ~r€der General Canditiarts 13.4.1. Price v~aill be deterrr~ia~ed after Design. ITEM NO DESCRIPTION QF W4RK AMOUNT 1070 SURVEYOR 1410 TESTING LABORATORY 1500 OFFICE EXPENDABLES 1505 PRINTING 1512 TEMPORARY POWER 1514 TEMPORARY HEAT 1515 TEMPORARY TELEPHONE 1516 TEMPORARY WATER 1517 TEMPORARY TOILET 1520 POSTAGE AND DELIVERY 1521 PROGRESS PHOTOS 1530 BARRICADES/PROTECTION 1540 FENCE 1560 SNOW REMOVAL - BY OWNER 1580 PROJECT SIGN 1600 EQUIPMENT COST 1710 CLEAN UP JOB 1720 FINAL CLEAN UP 1730 DUMPSTERS 58 Exhibit "13" 2.2.6 First sentence to read: As the Architect progresses with the preparation of the Schematic, Design Development and Construction Documents, the Construction Manager, in collaboration with the Architect, shall prepare and update, at appropriate intervals agreed to by the Gwner, Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. 59 TIE CITE C)~ COLITl~~IBIA. ~~IG~I~'S PUBIIIC SAFETY CEZ'eTT~~i S'I'LTDY Issued for Presentation to Council ltitovember 30th 2007 BUETOW & ASSOCIATES __ __ ____ AN ARCHITECTURAL SERVICE COMPAPJY 2345 RICE STREET SUITE 21d ~ST. PAUL MINNESOTA 55113 TELEPHONE (6511 483-6701 60 -_- - -.: _ _ __ __: ~ TIE CITY OF COLITI~-~IBIA IIEIGHTS PUBLIC SAFETY CEl~TEI2 STI3Y TABLE OF C®NTENTS Introductian/Methadology 3 Discussion of Existing Facilities 4 Comparison of Police Departments of Similar Papulation 11 and Total Arrests Facility Space Program 12 Site Studies for Public Safety Facility 15 Site PIan Option South of NEI on 41st 17 Preliminary Budget Estimate South of NEI on 41st IS Site Plan Option at 47th and Central 19 Preliminary Budget Estimate far 47th and Central Site 20 Site Plan Option on NEI site on 41st 21 Preliminary Budget Estimate far NEI Site on 41st 22 Preliminary Schedule 23 Appendix: Existing Police and Fire Facility Floor Plans 24 Page 2 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY ' ___ - 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE !6511 483-6701 -'.- .~r-, 61 THiE CITY OF COLUlifIBIA IEIEIGl~ITS I'UDI.IC SAFETY CENTER STUDY INTRODUCTION /METHODOLOGY In August of ?007 Buetow and Associates was asked to investigate options for the relocation of the existing Police and Fire Deparhilents to a new facility. We met ~ritU City Staff and reviewed existing and future space needs. We prepared, distributed, collected and reviewed responses to surveys prepared by the staff as well as by department leadership. We nzet with user groups of both departments. We rode along with the police during a public safety work shift. We reviewed the existing facilities and its current deficiencies. A space program of required spaces aild staff was created for a potential Police and Fire facility. We developed several site plan options for a new facility. A budget estimate and schedule for the potential construction work was also included v1 the study. BUETOW & ASSOCfATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA Page 3 AN ARCHITECTURAL SERVICE COMPANY .._ -a~9 55113 TELEPHONE (6511 483-6701 _a 62 - ---°- i BUETOW & ASSOCIATES TIIE CITY OF C®LI.TIVIBIA ~IEIGHTS PUBLIC SAFETY CENTER STU DISCUSSION OF EXISTING FACILITIES The existing fire station was constructed ui the 1940's. The building was made into the City Hall with an addition in 1959 and also added onto in 1978. The mechaiical, electrical and roofing systems were renovated in 1989. The current facility no longer meets the needs of the Police and Fire departments. The existing facility has the followil~g deficiencies: Police Depa1-hnent Facility: The Police Department is composed of twenty-seven sworn officers and other employees. Tlie facility is too small for a department of this size. Working conditions do not meet current standards for a police department. The facility has no detention space. Prisoners are currently handcuffed to a bench in an exit corridor. No separation of prisoners is possible and evidence is contaminated between prisoners sharing the bench. Stories and information can also be shared bet<ueen prisoners on the bench and this impedes investigations. This holding facility does not meet the standards of the Department of Corrections. Juvenile prisoners camiot be separated as required by the Department of Corrections. Civilians, employees and officers unrelated to the detention activities pass through the exit corridor and are at risk from prisoners. Prisoners are not always handcuffed in this area since it is also the location of intoxilyzer testing. Prisoners occasionally need to be physically restrained after they fail an intoxilizer test. Scuffles occur in this public exit corridor. The potential for City liability within these spaces is very high due to the inadequate spaces and lack of separation of these disparate activities. A "sally part" is a secure garage that is used to move prisoners from the squad car into the department. The existil~g sally port is too small and too narrow to safely move prisoners into the facility because the squad doors can not be fully opened within the garage. In addition, this garage is being used for storage of office supplies. Further, this garage houses the evidence processing bench. Evidence processed within this garage could be challenged in court since evidence could be contaminated by other squads or employees within this garage. Evidence is usually processed within a separate relatively clean room - not a garage space. The sally port design only allows one vehicle. If a second vehicle arrives or the prisoner is loo large to get out of the partially open car door withn the sally port, the prisoner is transferred outside a11d then i11to the facility. Family members or other associates of the in-custody prisoner can follow the squad to the station and interfere with the single AN ARCHfTECTURAL SERVICE COMPANY 2345 RICE STREET SUITE 216 ST. PAUL tdINNESOTA 55113 TELEPHONE (6511 483-6701 Page 4 63 TIE CITE' (JE COLUMBIA IIEI+G]~ITS PUBLIC SAEET~ CENTER. STUD'S officer transferring the prisoner outside. The outside transfer also increases the chance of prisoner escape. Working spaces in the existing facility are inadequate or do not exist. We observed during one Friday evening blood evidence being tagged, computer records being entered and a meal being prepared at the wine work station by three different officers alI at the same time. Tlnis occurred within the existing squad room. It is required for police stations to have individual and separate room for lunch breaks, computer reports, evidence processing, acid squad meetings. Office spaces are inadequate. Currently 3 sergeants share a single work space in a 7~ square foot office. Usually 2 sergeants share an office acid each have their own work space. Three Corporals share a converted 4$ square foot closet for an office. Often the corporals have been replaced by having more sergeants in the department. Corporals should have office spaces sinnilar to Sergeants in case this organizational change is made in the future. Investigator work spaces do not have acoustic separation. This limits the effectiveness of investigations because individuals being interviewed by investigators in the facility can be overheard and may overhear other investigators working on the same case andlor conducting phone interviews. The size alnd arrangement of tine current police station administrative office do not function for a department of this size. Storage spaces are overwlnehnned and undersized. Changes in police operations, State lauT and Federal law require increased records-retention capacity. The increased volumes of records are currently stored in the corridors, which are a violation of fire egress code. Since the con~idors are also used as a holding area, stored items are available for use as improvised weapons by those in custody. The Department of Corrections non-compliant vintage holding cell has even been transformed into a file room. Storage space is a critical need of this police station but that need cannot be met it the current facility. One conference room exists in the facility for hard interviews with suspects, soft interviews with child or adult victins, staff meetings, human resource issues, public conferences, collocation of witness reports, and storage of office supplies. Often when this space is full, work overflows into the Police Chiefs office and the corridors. Additional meeting and interview spaces are required for the police department to function well. Page 5 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE (6511 483-6701 :~.~ 64 THE CITY OF C~LUIVIBIA HEIGHTS PUBLIC SAFETY CENTER STUDY Evidence is handled in anon-linear process in many different spaces within the facility. Today evidence gathering is more regimented then in the past. Evidence brought to a facility is typically bagged and tagged iii a clean enviromnent to protect the evidence from contamination and loss. But this process is done at this current facility in the sally port garage or in the squad roomllunch area. Evidence is then stored or further processed within an evidence room. Processing nnay include finger printing or drying blood evidence prior to delivery to a crime lab. Tlnis work is currently done in a space that is about 125 square feet. A departrrient of this size usually has a minimum of 720 square feet. Most evidence needs to be stored for a minimum of 6 months to 2 years. Because some evidence related to murder or sexual assault must be stored forever under State law, the larger the room the better. Evidence lnandlinng and storage should be centralized into one larger location. Currently, police staff and department vehicles are stored in a public lot that is not secured. The vehicles are subject to vandahism, theft, tampering and sabotage. Further the storage of off-shift vehicles is at the Public Works facility several blocks away. It takes multiple officers off the street for periods of time to transfer cars between the police station and the public works facility. A secure parking lot and garage facility is the solution to these deficiencies. The front lobby of the police station. is not compliant with the Federal Americans with Disability Act or with the State Accessibility Code. This violation puts the department at risk for a federal law suit on disability. As a day-to-day practical nnainner, it leads to witnesses who can not manage stairs being interviewed in the public lower Iobby where they can be overheard and intinnidated by outsiders. The facility has a single toilet room. This single room is used for the staff, the public, men, women, in custody individuals, witnesses, victiiris, aind DWI urine testing collection. An additional toilet facility is required. The male and female otlicers share a locker room and a unisex shower area. Beyond being uncomfortable for officers, this is a potential legal issue for the City. The space is cramped, inaccessible by State accessibility codes, and inadequate in size to fimction for more thane two or three officers at a time. Paee 6 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY ~;,~~; 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE !6511 483-6701 65 'I'I~~ CITY ~r C®LUl~IBIA ~IEIG~IT~ PUBLIC SA~'~TY CEN'T'ER STUDY Fire Department Facility: The apparatus bays are too small for the modern equipment. The doors into the bays are too small for standard fire trucks and trucks must be ordered at special sizes and at additional cost. Fridley and Saint Anthony Fire Department run in cooperation with Columbia Heights. This means that when the fire trucks Ieave a station u1 any of the three cities, a truck from another city comes to the empty station and waits for a second potential call. Tllis allows faster response times for all tluee Cities. The existing overhead doors at the station do not allow a single Saint Anthony or Fridley truck to enter the station and wait. This deficiency could expand over time. They may wait outside, however on malty days in Minnesota the weather does not allow trucks to remain outside far extended periods because the water pumps may freeze. Fire respanse times are adversely effected by the overhead door sizes at the station. TU111 out fire gear Ioclcers are in the drive aisles of the fire truelcs. The lack of proper clearance between the trucks and the Ioclcers places firefighters getting dressed in harms way of the moving trucks. Also, the location of these Ioclcers is sometimes in direct sunlight, which shortens the life of the turn out urlifonns and equipment. In addition the tLinl out gear is spread through out the facility and this creates additional cross ir-affic with the trucks and other firefighters. The apparatus bay exhaust systems do not meet cur2erlt safety codes for ventilation. New exhaust systems would need to be installed to comply with current mechanical codes. The modif cations to the floor drains made during the additions to the space do not adequately remove the water from the floor of the apparahs bays. Tlus leads to greater slip arld fall hazards. Pure oxygen filling anal storage far ambulance service is stored within the apparatus bay in violation of safety code. Pure oxygen needs to be stored in its own explosion-resistant room with extra ventilation. Breathing air fill stations for firefighters is f fled and stored in the apparatus bay. It is strongly suggested that this mask cleaning, tank filling arld storage occ'~'x rn a separate clear room. Tlns Helps keep the arr that the firefighters breathe clean. Page 7 BUETOW Sc ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY '?~"' -r.-,,: t 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE 16511 483-6701 66 ,_,.. __._.._._.. _j .~ - _ _ _ -- i TIE CITY O~' COLUrdIDIA ~rIEIGI~TS PUBLIC SAFETY' CENTER STUDY There are no storage rooms within the Fire Department. Items are stored in the apparatus bays, within sleeping rooms, and even above ceiling tiles in the office spaces. Many of these storage techniques are code violations and create hazards for fire and egress. The numbers of bedroom and work spaces are inadequate for the number of firefighters on duty and on staff. Bedrooms in the buildn1g do not have direct emergency egress to the exterior through a fire egress window. Additional firefighter sleeping rooms are required with egress for the duty crews. A separate dedicated work space is required for the duty crew. These spaces are shared with the paid on call staff which is a conflict when paid on call are on site for trainuig a11d the duty crew is sleeping at odd hours due to their fire call timing. The male and female firefighters share a locker room, a unisex toilet and a unisex shower area. Beyond being uncomfortable for officers, this is a potential legal issue for the City. The space is inadequate in size to fiuiction for more than two or three firefighters at a tune. This area also doubles as the biological contanination cleaning area for firefighters. This contamination area should be separate from other areas of the facility and should be directly accessible form the apparatus bay. The existing kitchen's counter, cabinetry and equipment are wonl and i11 need of replacement. The existuzg floor in the kitchen area is not level and is a trip hazard. Wiring within the above-ceiling plenum of the facility does not comply with current fire code. The watch room is used for a watch room, office space for paid on call offices, work space for explorers, meeting room, public blood pressure checking, and file storage. The provided space is inadequate for a department of this size. The public should not be in the watch space as it interferes with operations. The watch room does not have direct views into all bays and the exterior apron area, which is one of the functions of a "watch" room. The existing fihzess room is in the 1942 basement. This basement is often wet, lacks ventilation., anal has had mold issues. The stair to this basement is uneven acid does not meet code for safety or accessibility. Page 8 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TE!_EPHONE (6511 463-6701 67 BUETOW & ASSOCIATES THE CITY OE COLLTliVI~IA HEIGIEITS PUBLIC SAFETY CENTER STUDY The office spaces are divided into many tuZCOruzected spaces. Tlv leads to additional traffic through the small apparatus spaces a11d make communications between fire staff more difficult. The Training Room lacks the ceiling height for fire or police trauung because of the physical movements required far trauung. Storage for emergency operation, furniture, training equipment, explorers; volunteers, old uniforn7s, and some files are in the Training Room. The small Training Room is made smaller by all the storage within it. The Training Room is too small as currently co~gured. Parking for firefighters is across the street from the f>,re department. This location creates the potential for responding fire firefighters to be hit and injured by responding fu-e trucks or other street traffic. The heatilzg and ventilating of the office space is controlled from the separate Coin~nunity Development offices. Tlus does not function well since the offices have different cooling and heating needs from Commtuvty Development. Many utilities within the 1942 facility need repair and updating, uncluding the water and sewer lines which are reportedly narrowing because of sediment collection over the years. The police and fue facility do not have a fire suppression system. A modern fire suppression and alarm system saves lives of the users and of firefighters. Tire departments often promote the installation of fire suppression system within the city to help protect citizens and firefighters. The lack of a suppression system at the Fire Station makes the promotion of fire suppression systems hypocritical. Further many Cities Dave chosen to install fire suppression systems to avoid the indignity of having the fire station burn down. Department Cohesion We have observed that the Police and Fire Departments of Columbia Heights work together closer than any other department we have ever seen. Tlus synergy is often. strived for in other Cities. It would be tu~fortunate if this spirit of cooperation and efficiency of operation was lost il~ a new facility. Any new facility should take advantage of the shared spaces and team approach of the departments. There are many spaces in a facility that could be shared including, but not limited to, lobby spaces, public tivaiting, locker rooms, trauung spaces, kitchen spaces, lunch spaces, and fitness rooms. AN ARCHITECTURAL SERVICE COMPANY 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE !6511 483-6701 Pale 9 -~ emu; •~ 68 TIE CITY 4~F CC3LUIVIBIA I~CEIG~ITS PUBLIC SAFETY CENTER. STUDY Conclusion Both deparments have outgrown their current facilities. Tlus growth has to do with expanded services and needs of both fire and police departments in the twenty first century. Safety, efficiency and productivity will uicrease in a new properly-sized facility. BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA Page 10 AN ARCHITECTURAL SERVICE COMPANY 55113 TELEPHONE (6511 483-6701 69 BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA THE CITY OF COLUMBIA fcIEIGI~[TS PUDLIC SAFETY CENTE STUDY COIVIPARISON OF POLICE DEPARTMENTS AND SIMILAR POPULATION OR TOTAL AI~:RESTS It is often helpful to make comparisons with with similar police departments in the state. Tables and data referenced below are from the State of Mumesota DeparUnent of Public Safety Minnesota Crirne Info~~mation 2005. Ci Populat ion 2005 Deparhnent Staff (Table 27) Combined Crime Rate (Table 12) Total Arrests (Table 16) Columbia Heights 18,579 24 16,083 1472 Anoka 18,005 27 9,731 649 Brooklyn Center 28,595 42 14,590 1380 Lino Lakes 18,949 28 4,491 358 Richfield 34,359 43 9,936 1388 South St. Paul 19,861 25 10,040 770 West St. Paul 19,628 25 12,900 978 A comparison to other cities indicates that Columbia Heights Police Department is a busy, hard working department. Compared to Cities of sunilar population Columbia Heights has more total arrests. Compared to Cities of similar total ai7est, Calzunbia Heights has fewer officers. Crime from Mimzeapolis A~ZOther pressure point on crime is the increase nz street cameras in the adjacent City of Mirnneapolis. The Columbia Heights Police Department has seen some increase in those whisking to perform criminal activity coming out of Minneapolis into Columbia Heights in order to avoid cameras. Page 11 AN ARCHITECTURAL SERVICE COMPANY 55113 TELEPHONE !6511 483-6701 "' 70 =____ THE CITY OF COLUMBIA HEIGHTS PUBLIC SAFETY CENTER STUDY FACILITY SPACE PROGRAM Size Square Footage Space Description Shared Spaces Waiting 12 x 15 180 Waiting Vestibule 7 x 8 56 Waiting Toilet Unisex 7 x 8 56 Police and Fire Loclcers/Toilets 70 x 30 2100 Training/EOC -Dividable 30 x 40 1200 EOC Storage 8 x 10 80 Training Table and Chair Storage 10 x 15 150 Tra>l~ing Kitchen Lunch Room 15 x 25 375 Fitness 20 x 20 400 Server/Telephone Room 10 x 15 150 Janitor 5 x 10 50 Lawn/Site Maintenance 10 x 15 150 Mechai>ical/Electrical 25 x 40 1000 Stairs and Elevators (3 levels assumed) 1200 Main Corridors 11 % 900 Exterior and Interior Wall Areas 4% 350 Shared Space Total Area 8397 BUETOW & ASSOCIATES 2345 RIGE STREET SUITE 210 ST. PAUL M{NNESOTA Page 12 AN ARCHITECTURAL SERVICE COMPANY >- , , 55113 TELEPHONE (6511 483-6701 •--:.~+ 71 THE CITY (~F COLUlVIBIA ~IEIClEITS PUBLIC SAFETY CEl~TTER STUDY FACILITY SPACE PI2QGI~A1dI Staff Staff Size Sqnare Footage Space Description 200.8 2018 Police Department Police Chief Office 1 1 12 x 20 240 Chiefs Secretary 1 1 8 x 12 96 Captain's Office 1 1 10 x 18 180 Supoi-t Services Supr. Office 1 1 10 x 12 120 Record Technicians 2 3 8 x 8 192 Coniinunity Policing Office 0 1 10 x 12 120 Sergeants/Corporals (2/office) 6 6 10 x 12 360 Investigative Secretary 1 I 8 x 8 64 Investigators 3 4 8 x 12 384 Toilet Unisex 7 x 8 56 (7) Patrol Officer's Reports 13 15 22 x 24 528 School Liaison Officer 2 2 8 x 12 192 CSO Shared Office 2 2 10 x 12 120 Worlc Room with Coffee 8 x 16 128 Explorer Office 10 x 12 120 Reserve Office 10 x 12 120 Secure File Room 8 x 16 128 Intox Toilet 7 x 8 56 Intoxilizer 10 x 15 150 Booking 15 x 20 300 Garage (18 car)/ Sally Port/Iinpound 60 x 125 7500 Visiting 5 x 14 70 4 Holding Cells + Dayroom 24 x 32 768 Juvenile Holding/Conference 10 x I 1 110 Hard InterviewlConference 10 x l I ll 0 Release Vestibule 5 x 7 35 Family Waiting -Off Main Lobby 10 x 10 100 Use of Force Storage -Off Training 10 x 15 150 Evidence Storage 24 x 30 720 Evidence Process 8 x 10 80 Soft Interview 10 x 11 110 Video Record 10 x 5 50 Gun Range (41ane) 15 x 84 1260 Armory and Gun Cleaning 9 x 10 90 Roll Call 12 x 16 192 Main Corridors 11 % 1900 Exterior and Iirterior Wall Areas 4% 700 Police Total Staff & Area 33 38 1799 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY Page 13 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE (6511 483-6701 72 THE CITY OF CGLUMBlA HEIGHTS PUBLIC SAFETY CEl~ITER STUDY FACILITY SPACE PR®GRAM Staff Staff Size Square Footage Space Description 2008 2018 Fire Department Fire Chief 1 1 12 x 20 240 Assistant Chief 1 1 10 x 18 180 Secretary 1 1 8 x 8 64 Inspection Clerk 1 3 8 x 8 192 Full Time Duty Office (shared) 6 7 10 x 21 210 Paid Call/Explore/Assoc Off. 21 30 10 x 21 210 Toilets Unisex 8 x 7 S6 Meeting RoomBlood Preasure 10 x 10 100 Work Roam with. Coffee 8 x 16 128 Files 8 x 16 128 Office Staff Coat Closet 2 x 6 12 Duty Crew Bedroom (4) 7 x 10 280 Duly Crew Kit/Living Area 16 x 12 192 Watch/Radio Room 9 x 18 162 Paid on Call Dayroam 20 x 24 480 Lobby Historic Alcove 10 x 10 100 EMS Training Storage -Off Train n~g 8 x 10 80 Apparatus - S Bay 72 x 94 6768 Apparatus Single Toilet/Shower 7 x 10 70 Apparatus Lockers/ Turnout Gear 20 x 20 400 Medical Oxygen Fill alid Storage 6 x 8 48 Hose Tower 10 x 1S 180 SCBA 10 x IZ 120 Laundry 10 x 12 120 Worlc Room/Tool Crib 10 x 12 120 Apparatus Storage 10 x 20 200 Mani Corridors 11 % 1400 Exterior acid Interior Wail Areas 4% 800 Fire Total Staff & Area 31 43 12710 Total Building Area 38706 BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA Page 14 AN ARCHITECTURAL SERVICE COMPANY -,- 55113 TELEPHONE (6511 483-6701 -.: 73 TIIE CITY OF C~LUiYIBIA IIEIG~ITS PUBLIC SAFETY CENTER STUDY SITE STUDIES FOI2 PUBLIC SAFETY FACILITY Three sites were studied for this report. Two of the sites were found to be viable options for the facility. The first site option is located south of the old NEI site on 41st Avenue between Jackson Street and Van Buren Street. It is awned by the City. The site is currently occupied by 7 residences and a church. This site has good access to Central Avenue by way of the controlled intersection at 41st and Central. The site is relatively flat. Future expansion is easily possible on site if public parking would be moved into the City ramp and an addition would be built on the public lot. However, the facility as sized ul this study should meet the needs of the department for ma.~1y years. The Commuluty Center can be built north of 41st Avenue as proposed in the Corlununity Center study. It is ot>r understanding that this is the preferred Commusuty Center site for the potential partnership with the YMCA. The second site option is located east of Central Avenue and south of 47th Avenue. The site is cun•ently occupied by 5 small apartment buildings and a retail strip mall. The site has great access to Central Avenue by way of the controlled intersection at 47th Avenue. The site has a severe slope and this scheme positions the building to act as a retailung wall and entries on the north would be located a building story above those on the south. The fire bays would be located on the western edge in order to be flat. Future expansion on this site would be by adding an upper story to the building. However, the facility as sized in this study should meet the needs of the department for malty years. As with the first site, the Community Center could remain at the old NEI site, which is the preferred site by the YMCA. Some have expressed that this area of the City would benefit the most from redevelopment. The third site option is the old NEI site. One approach is to have the Public Safety Facility share the NEI site with the full-sized YMCA Cominuluty Center. The YMCA and the Fire/Police traffic both prefer to be located on 41st and would have access to the controlled intersection at Cenh•al Avenue. In fact, it is our understanding that the YMCA olily considers the site possible if they would be on 41st Avenue. Tlus would move the Public Safety Center north to 42nd Avenue. Tlus would also require a controlled intersection to be installed at 42nd for pubi_ic safety traffic. This c.o~?trolled interseCtin,,, if allowed by the County and State, could cost $500,000. Further, to provide enough parking for a YMCA, additional land would need to be purchased on Page IS BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY :'°'~"°° - ---: x _. -. 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE 16511 463-6701 -.- 74 THE CITY f)F C~LIUIV~BIA HEIGHTS PUBLIC SAFETY CENTER STUDY Jackson Street. Future expansion on tlus site of the Public Safety Center would be by adding an upper story to the building. A second approach is to locate the Public Safety Center on 41st Avenue near the controlled intersection at Central Avenue. T11at location would linut the size of the Conununity Center to a "partial build-out" foi-~nat (2 gymnasiums and no pool). A third approach is the location of the Communty Center at Huset Park and using the NEI site only for the Public Safety Center. If the Community Center's size is reduced or if it is moved to another site, t11e NEI site becomes abetter site for the Public Safety Center. The first site option south of 41st is reconunended. Although the second site option at 47th has better visibility/access front Central Avenue its potential redevelopment by private enterprise may be more valuable to the City. The third site option on the NEI site narrows the Community Center's future options on expansion and parking but provides a good location for the Public Safety Center. Paee 16 BUETOW do ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY '~°'°. 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE !6511 483-6701 . ~.':i 75 THE CITY ®F CGLUIVII3IA HEIGHTS PUBLIC SAFETY CENTER STUDY SITE PLAN UPTION SOUTH OF NEI QN 41ST - - -- ~It ~ ~ ~ ~ ' rte' ~ y~ • `. ~ ~s ,~ ~ ~` . ~~t _ . I` F _ ' e~0. ' J C u I ~ c y ( 1 ~j(~~~}r~ l I 7 ~ 4 ~ ~1 ~" ~~ ~t .. _ ~ BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA T ' " a_ s- v -t t ~~~ .` rt.. ~~g ii+„ , ~ h~ ~,.._ _ .._ y{~.: .i ;.x ~ ~ a' ~~ ~;~ .:_ ~ 1~ fi ~: _ ~ ~ ~ ; t~, ~ ~ ~ R i ~s - t°--< ~ F~~"' P ~~ 1_~ ~ i _ ~l ~c ~ ~;. ~ R '' '' Li P~=~~ .i k r `i i ~~~~ - I r ~ i' .~ „~r~+ by n J r ._`° ,_,J ~ ~~ rl ~,Y ~ ~ ~ ~-~.;~ , ~ ,; yQ ,` 4 rp ~ S. Page 17 AN ARCHITECTURAL SERVICE CCMPANY "°'~ 55113 TELEPHONE (6511 483-6701 ~ .~ 76 _ ~ THE CITY OF COLUMBIA HEIGHTS PUBLIC SAFETY CENTER STUDY PRELIMINARY BUDGET ESTIMATE SGUTH OF NEI ON 41ST SITE Square Faatage Description SF $/5F Site Acquisition Costs and Site Demolition/Clean Up Estimated Construction Costs Police and Fire Shared Spaces Police Station Office Areas Police Station Garage Areas Fire Station Office Areas Fire Station Apparatus Areas 8397 $210 $1,763,370 10099 $210 $2,120,790 7500 $141 $1,060,778 5942 $210 $1,247,820 6768 $141 $957,242 To be determined by the City $7,150,000 Site Work $800,000 Furnitw-e $700,000 Data Technology and Telephone $600,000 Soil Borings, Testing, Professional Fees and Reimbursables $700,000 Conshti~ction Contingency ~ $600,000 Public Safety Project Costs $10,550,000 These potential building and site development costs are based upon preliminary desia 1 The above information is based upon 2007 Estimated Costs. BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA Page 18 AN ARCHITECTURAL SERVICE COMPANY ~~..~ 55113 TELEPHONE !6511 463-6701 k' 77 TIIE CIT"~ OF COLI.Tl~IBIA IcIEIO~ITS PUBLIC SAFETY CENTER STUDY SITE PLAN OPTION AT 47TH AND CENTRAL _ ~ F ~~ ~ ~ ~. ~r - i ~" ~r A._ ~ e ~: 4.a,L 1~ i - ( ~ -~ F,+ P C ` ~ S 0.CE8 y ~~ ~ #~I ~ ~ _ ~ ~ - } •j _, - t""' k v s~ t~ ... ~. ~ i" ~ ~nL3RIISED PIIB ] : F~ f1` C 7 7 E x L ! S~ Cfr a 5 .' ; • r ': SEC ttP,E D P ARtUtJG :_ ~f 7B SPAGE3 ---~ ,, ~ -- _~ -_, ~ ` ~ti ._ .~ . ~ ~ ~ -,~ -~f14~ ~ rv~„ ~i4' _ ' .:s ~ y~~r~rs J'~ _ ` , :~ }f~ ~1E 9 C f ~ . ~ _ ~ rS24 :SSFi~. ~t .~ r j - ~~ ~_ ~ f ~ ~-~ Y s r _`~ ...~. ~~~, I~ ~_ ~,~~T } ~ 'I y n. . - . -_ ~: E._ - - r'~ ~ - ..-- F ~ `~' r '- ~ i ~~h.: '.r f a ~ 'Sn -' ;^ ~ fry. ,." ' ~L I..~ ) yip 4 ti K ~ 1 . ~ F i ~ ~,~ [ ~ f ~.at"a.~' ~ ~~-'f° '„~tl~ L /~ ~S~l~ ~„r`t' ~ i- ~ 1. - ~ ~ bf~ 1--~~. y{~ j' J _ T I < - ~' ~~ ; LL r ~€ 6~~~ ,~~e fix, , ~` ;x ,I _ -i4 r~r - r °-...~ r r+. _-___- r I~ .p ~ ~ ' ~ ~a ~ ~ ~ ~ ~s..~ r Q Page 19 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY ._' 2345 RICE STREET SUITE 210 SL PAUL MINNESOTA 55113 TELEPHONE (6511 483-6701 ~ _7 7$ TIME CITY CJF COLITMBIA I~[EIGHTS :PUBLIC SAFETY CENTER STUDY PRELIMINARY BUDGET ESTIMATE FOR 47TH AND CENTRAL SITE Cost Estimate BA #0723 Square Footage Description SF S/SF Site Acquisition Costs and Site Demolition/Clean Up Estimated Construction Costs Police and Fire Shared Spaces Police Station Office Areas Police Station Garage Areas Fire Station Office Areas Fire Station Apparatus Areas 8397 $210 $1,763,370 14099 $210 $2,120,790 7500 $141 $1,060,778 5942 $210 $1,247,820 6768 $141 $957,242 To be determined by the City $7,150,000 Site Worlc $800,000 Furniture $700,000 Data Technology and Telephone $600,000 Soil Borings, Testing, Professional Fees and Reimbursables $700,000 Construction Contingency $600,000 Public Safety Project Costs $10,550,000 These potential building and site development costs are based upon Preliminary Design. The above information is based upon 2007 Estimated Costs. BUETOW & ASSOCIATES 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA Page 20 AN ARCHITECTURAL SERVICE COMPANY `~_r 55113 TELEPHONE (6511 483-6701 ':_- 79 . _........ . __...---.,i _-~-.. ___~..~. .. ..~J TIE CITY OF COLUI~II3IA I3EiGgITS PUBLIC SAFETY CENTER STUDY SITE PLAN OPTION ON NEI SITE ON 41ST ~ii ~ ,b ti 11T pµ ~'.. ~ l' M~ a ,.. _ nt z ~~r--~ ~': lea _: ~ ; _._. ,~ 5 '~ ~ 1 ! - ~ - '~ ~'L A .4 - .. ~ -. wW~ ~ ~'p;Yii i ~ ~~ J ~ ~ . ' t'i] ~ '~ L~1 j ~t ( fa ~ ' °~ r t' ` 2 ~~ • [~ F _ ~ ! - 'f i jJ~~ _ ' ~ , V tl ~ Yry/ ~ 1 ~ t ~ ~ I { ~ ~ v rl ~~ ~' ~ ~ h r ~~~ LI =:... 5 'b~ {.~ ~. r y~, ~ 5 } T.'' ~F ~ 1~~ ~ ~ .. . ~ ~ ~~ ~ ~ ~~ ~ r --- ~ Paee 21 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY "~5~ 2345 RICE STREET SUITE 210 _ ST PAUL MINNESOTA 55113 TELEPHONE 16511 483-6701 $~ ,-, Y (JF COLUMBIA I~[EIGgITS TIE CI1 PUBLIC SAFETY CENTER STUDY PRELIMINARY BUDGET ESTIMATE FOR NEI SITE ON 41ST Cost Estimate BA #0723 Square Footage Description ~ SF $/SF Site Acquisition Costs and Site DemoIition/Clean Up To be determined by the City Estimated Construction Costs Police and Fire Shared Spaces 8397 $210 $1,763,370 Police Station Office Areas 10099 $210 $2,120,790 Police Station Garage Areas 7500 $141 $1.,060,778 Fire Station Office Areas 5942 $210 $1,247,820 Fire Station Apparatus Areas 6768 $141 $957,242 $7,150,000 Site Work $800,000 Furniture $700,000 Data Technology and Telephone $600,000 Soil Borings, Testing, Professional Fees and Reimbursables $700,000 Construction Contingency $600,000 Public Safety Project Costs $10,5.50,OOQ These potential building and site development costs are based upon Preliminary Design. The above information is based upon 2007 Estimated Costs. Page 22 BUETOW & ASSOCIATES AN ARCHITECTURAL SERVICE COMPANY 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE !6511 483-6701 81 THE CITY ()F CC-LJli!~1~IA I-IEIGI~[TS PTJBLIC SAFETY CEl~tTER STUDY PRELIMINARY SC~IEDULE P>ROPOS~D PUBL~c sAF>~.T~ e~1v~rER se~»u>~.E Design -Schematic and Desib ~ Development January 2008 Bid Document Preparation March 2008 Docwnents to Bidders Jw1e 2008 Receive Bids July 2008 Construction Begins Order Materials August 2008 Construction Complete August 2009 Owner Move In September 2009 BUETOW & ASSOCIATES 2345 RIGE STREET SUITE 210 ST. PAUL MINNESOTA Paoe 23 AN ARCHITECTURAL SERVICE COMPANY :"'°~"' 55113 TELEPHONE (6511 483-6701 ~: 82 ,~ TgIE CITY OF COLITl~JIBIA HEIC~ITS PUBLIC SAFETY CENTER STUDY APPENDIX: EXISTING POLICE AND FIRE FACILITY FLOOR PLANS Page 24 BUETOW & ASSOCIATES AN ARCHITECTURAL SER`JICE COMPANY 2345 RICE STREET SUITE 210 ST. PAUL MINNESOTA 55113 TELEPHONE (6511 483-6701 83 a LOWER FLDOR PLAN-fiRE OEPARTbgNT LEPER BOOR PUN-POLICE OEPAAThIEIJT Fee Information 2 Pre-Construction Services 3 Project Site Services _._ _ ___ DESCRIPTION PM (20 HOURS / WK) 1040 $ 80 , $ 83,200.00 , SUPERINTENDENT FULL TIME 2080 $ 75 $ 156,000.00 PROJECT ASSISTANT 520 ; $ _ 40 __ ` $ 20,800.00 _ __ - SUPERINTENDENT TRUCK /TOOLS 52 __ , $ 400 $ 20,800.00 ,SITE OFFICE TRAILER _ 12 _ _ $ __. .925 . _ $ _. 11,100.00 'OFFICE FAX/ COPIER ~2 $ 350 $ 4,200.00 _ _ _ _ _ COMPUTER 12 $ 100 __. _ <. $ _ .1,200.00 !, 'TELEPHONE 12 $ 400 ~ '- $ 4,800.00 '; .POSTAGE 12 'i $ 300 $ 3,600.00 -Total Project Site Services j ' $ 305,700.00 !TOTAL (CM Fee, Pre-Construction, Project Site Services} ; $ 4so,7oo.00 Estimated fee based on a $10,000,000 project with a 12 month schedule. ~.' ' 84 FEE Bossardt Corporation proposes to provide all Construction Management Services including our Principal-in-Charge, Vice-President Operations, Project Executive, Project Manager and any other support staff or external consultants for a Fixed Fee of approximately 3.0% of the project with a $10,000,000 to $15,000,000 total project budget. The Fee would be reduced to 2.5% if the total project budget is in the $20,000,000 to $25,000,000 range. This Fee will include all personnel required for Design, Bidding, Construction and Post-Construction Phases, except the on-site services noted below. The Fixed. Fee will not be affected by change orders during the Construction Phase. The Fixed Fee would be distributed to the Constructian Manager in equal monthly payments, starting at the beginning of the Pre-Construction Phase and ending at Substantial Completion of the Construction Phase. This Fixed Fee will be based on the Scope of Services indicated in the AIA Standard Form of Agreement between Owner and. Construction Manager AIA B801/Cma. The Fee for on-site services for this project is as follows: A detailed budget of all on-site services shall be prepared by the Construction Manager for the City's review and approval prior to the start of construction. On-site services would be invoiced monthly and would include the following: The field-based Project Superintendent will be charged only during the Construction Phase, at the Standard Hourly Rate {currently $90.00/hr) far the 2008 calendar year backed up by time cards and subject to prior approval by the City. A detailed budget of all reimbursable costs shall be prepared by the Construction Manager for the C.ity's review and approval prior to the start of construction. The Reimbursable Expenses budget will be based on the anticipated Construction Phase. Reimbursable Expenses would 6e invoiced monthly, and would include the following; field ofi-ice trailer, trailer sanitation, mileage/vehicles, telephone, secretarial and office equipment, postage, facsimile, courier, supplies and miscellaneous equipment rentals. ,~5,1' 14~~s~ ~fi```.Sn~~t~~. Si;uc IUO dlbareopolis, tilirinu~sola SS-1:,5' (9?3/ b3t-i-t(lb' (8q(11 291)-0119 (>>2l h3/-/3(~,Kfrzr 85 A04A Saint Croix Trait North Lakeland, Minnesota 55043 Phone: 651-436-2426 `~ 1. 1821 University Avenue Suite 204-5 Si. Paul, Minnesota 55104 Phone: 651-498-0332 t ~~ (~ kA ~~ Fox: 651-436-3918 a-mail: into sedsuuik7ers com www.edsbuliders.com I :.. J -tJtF site;'hz siaJl;% March 4, 2008 Columbia Heights Public Safety Facility - 38,000 SF 590 40th Avenue NE Columbia Heights, tviN 55421-3878 Total Mar-OB Apr-DB May-OB Jun-OB Jul-08 Aug-08 Sep-OB Oct-OB Nov-08 Deo-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Construction Manager with 5 au_bcontractors Doc- CM 2,211 43 43 87 87 87 174 174 174 174 174 174 174 174 174 174 87 43 Kathy-Assistant 1,237 21 21 87 87 87 87 87 87 87 87 87 87 67 87 87 43 21 Doc - CM 2,217 hours at $80.00 $177,360.00 Kathy-Assistant 1,237 hours at $40.00 $49,480.00 70TAL $226,840.00 Total Mar-OB Apr-08 May-OS Jun-08 Jul-00 Aug-08 Sep-OB Oct-OB Nov-OB Dec 08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Construction Manager with 15 - 20 subcontractors ~"' oc-C ~, 1~7 43 43 87 87 87 174 174 174 174 174 174 174 174 174 174 87 43 Kathy-Assistant 2,740 43 87 174 174 174 174 174 174 174 174 174 174 174 174 174 174 174 Doc- CM 2,217 hours at $80.00 $177,360.00 Kathy -Assistant 2,740 hours at $40.00 $109,800`00~''^~~ TOTAL $288,960.0 '`~, Total Mar-08 Apr-OB May-08 Jun-08 Jul-OB Aug-08 Sep-08 Oct-08 Nov-08 DeaDB Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Ju!-09 Aug-D9 Owner's Representative Doc- OR 1,204 20 40 40 67 87 87 87 87 87 87 87 87 87 87 87 40 20 Kathy-Assistant 556 5 10 10 43 43 43 43 43 43 43 43 43 43 43 43 ID 5 Doc-OR 1,204 hcursat $80.00 $98,320.00 Kathy -Assistant 558 hours at $40.00 $22,240.00 TOTAL $118,580.00 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Public Safety Facility BY: Walt Fehst BY: ~-'~° ;"` Architect DATE: March 20, 2008 DATE: NO: Subject: Selection of Buetow and Associates Architects to design final plans and specifications up to and including the construction phase for the Public Safety Building. Background: Back in May of 2007, the City Council directed staff to assemble cost estimates related to the construction of a public safety building. On June 20`h, Councilmembers and staff toured public safety facilities at New Brighton, St. Anthony, and Coon Rapids. On July 26`h, a working group of Council and staff reviewed seven proposals from architectural firms for pre-design work for a public safety building. After checking references, Buetow and Associates was selected to do the Phase Ipre-design work. The firm comes with many years of experience ui the design and construction of public safety buildings. The firm has completed over 140 public facility planning studies and building design projects over the past ten years. Specifically, they have acted as the architect for the construction or renovation of public safety facilities for the Centennial Lakes Police Department, City of Benudji/Beltrami County, City of Anoka, City of Oakdale and cities of Champlin and South St. Paul, just to name a few examples. Phase Ipre-design work was completed a$er having amended our original contract for $5,000 more to attain three additional site designs at the NEI site. Analysis: Buetow and Associates has worked very well with the City Staff and we continue to feel that working with Buetow will create a quality product for the City of Columbia Heights. Their initial fee proposal of 8.5 percent of the construction cost for the detailed plans and specifications through the construction phase has been renegotiated down to a lump sum fee of $640,250 (6.5 percent) on a project cost of $9,850,000 ($10.5 million minus the Architects fees of $640,250). This reflects a savings in "soft" costs of approximately $200,000 from their original proposal. Recommendation: Recommended Motion: Move to authorize the Mayor and City Manager to enter into a contract with Buetow and Associates for architectural services on the proposed Public Safety Facility. COUNCIL ACTION: 87 AIA Doc~tt~aelzt BI~1/C~LIa tandard Form of agreement etween Owner and architect Where the Construction ~llctnc~,;er is tVOT a Constructor 1992 CONSTRUCTION MANAGER-ADVISER EDITION -THIS DOCU.t•IENT HAS IaIPORT.4,VT LEGAL CONSEQUErb'CES; COIVSG'LT.4TIOtV WITH A.V ATTORrVEY /S ErVCOURAGED WITH RESPECT TO /TS GOaIPLETlOrV OR rYIODIFlCATlOtV. This dacunzent is irztended to be used in conjunctiarz u'itb the 199? editions oj' AIA Docurrzents B,401/C:~Icz, AIOfiCcLla and A301/C.tla. AGREEMENT made as of the Third day of March in the year of (Nt u'grrls. rudiin;e do{t: mo,U1~ a,td t'eur.) TWO Thousand and Eight (208} BETWEEN the Owner: city of Columbia Heights ~}~rr»t~~L7,tdadd,-e.,>> 590 40th Avenue Northeast Columbia Heights, MN 55421-3878 and the Architect: Buetow and Associates, Inc. ~Crt,ra•<r,rdr[dd,•csa) 2345 Rice Street, Suite 210 St. Paul, MN 55113 for the follo~-ing Project: I/uilrrd~• deturtrrt drxa•iptru,r uj Prnjert. lnirNtr ur, rrdrtn•s.i rrnr/ 5<nt,e•r The design of anew Public Safety Building to house Columbia Height's Fire Department and Police Department. The building will have approximately 39,000 square feet of floor area and will be located on the south end of the NEI site bounded by: 41st Avenue and 42nd Avenue, Jackson Street and west of Central Avenue an property owned by the City. The Construction Manager is: (.}-rtn2• rind udahltcc) To be determined. 1'he U~vner and Architect :agree as set forth beloG~•. Cupt'ri41u l"-~, I'1`tn, ~'I'1'1_' by l he amcriran ln.+tiiturul'.\rrltitr~ t+. I-ii Vic }'r,~~(, \cc'i;uc. ti \C', \C'.tahin~tnn. U.t:. !unr,(r-i_")! Rrjttu~lui ti, w r,t iltc ins[c[ial it~•rriit ur+tthv:uui.,I rlunt:ui~m ul iB hn~ci,ir,tss ieithuut the tcriucn Itc[nti.+.+iun „I'tltc .\L\ +~iul.uc+ tltr r~,ln'ri~ht I:ni+r~i the Iltitcrl tiLtic>,mil n'ill +t~hjrrt ih;: cinl:rn ~r tr, 1 AIA DOCUMENT B141iCMa „\C~Shat:\Itt.Illl"ha~l' .u;ltl?P:}Ih:V'I' t t,~~Cla t°Ilt>_~ \L\~.u:P7: ~\~~~% At,\ ISI'It Lttfl'I„v • I~,"! P:UI~IRt~ •.tl.\' I""_ • I'IIIi \}iPHk'A\ IC~I'CI'I 'I'Iit11' Vtt~lll~l~1?Ulu, =,~.; 154 ~P\\' }alai A\P:~I Ii. ou. \C.\>Ill~t;l'u~, I,t: !unni,~!'~$8 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to Iega1 prosecution. 8141/CMa-1992 1 TERivIS AND CONDITIONS OF AGREEI~4ENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agree- ment and any other services included in Article 12. 1.1.2 Tl;e Architect's services shall be provided in conjunc- tion with the services of a Construction Alanager as described in the edition of .4IA Document B801/Cnla, Standard Form of Agreement Between O~>ner at;d Construction Alanager, current as of the date of tl;is Agreement. 1.1.3 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the `~X/ork. The Architect shall submit for the Owner's approval and the Construction 1<hanager's information a schedule for the performance of the Architect's services a=hich may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be ex- ceeded by the Architect or Owrier. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those de- scribed in Paragraphs 2.2 through ?.6 and any other ser- vices identified in Article l2 as part of Basic Services, and include normal structural, mechanical and electrical engineer- ing services. . 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall're:=iew the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual under- standing of such requirements with the Owner. 2.2.2 The Architect shall review u=ith the Owner and Con- struction I4lanager proposed site use and improvements; selec- tion of materials, building systems and equipment; and methods of Project delivery. 2.2.3 The Architect shall review with the Owner and Con- struction Manager alternative approaches to design and con= struction of the Project.. 2.2.4' Based on the mutually agreed=upon program, schedule and consuuction budget requirements, the Architect shalt prepare, for approval by the Owner, Schematic Design Docu- n;ents consisting of drawings and otl;er documents illustrat- ing the scale and relationship of Project components. 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable ro the Owner, Construc- tion A4anager and Architect, the Archirect shall provide schem- atic design studies for the Owner`s review and the Construc- tion Manager's information. 2.2.6 In the further development of the drawings and speci- fications during this and subsequent phases of design, ti;e Architect shall be entitled to assume the accuracy of the esti- mates of Construction Cost which are to be provided by the Construction Manager under the Construction Ranager's agreement with the Owner. 2.2.7 Lpon completian of the Schematic Design Phase, the Archirect shall provide drawings, outline specifications and other documents for the Owmer's approval and the Construc- tion Manager's information. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjusunents authorized b}= the O~~ner in the program, schedule or construction budget, the Architect shall prepare Design Development Documents for the Construction A1an- ager's review and the Owner's approval. The Design Develop- ment Documents shall be based upon data and estimates prepared by the Construction Manager and shall consist of drawings and ocher documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 At intervals mutually agreeable ro the Owner, Construc- tion Manager and Architect, the Architect shall provide draw- ings and other documents which depict the current status of design development for the Owner's review and the Construc- tion Afanager's information. 2.3.3 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construc- tion Manager's information. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments authorized by the Owner in the scope ar quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction.of the Project.:. .. 2.4.2 At intervals mutually agreeable.io the Owner, Coristruc- tion Manager and Architect, the Archiier:t shall provide Draw= ings.~an~ Specificaii~!is foT *_h:° Owner's and the Constrileticr. Manager's review ~' ~' '~ - - 2.4.3 Upon completian of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Construction Manager's information. AIA DOCUMENT B1!'11CMa • OW'NERARCHITECT AGREEMENT • CONSTRUCTION M.4NAGER- ADVISER ED1770N • 1992 EDITION • AlAm • ©7992 • THE AMERICAN ItiST1TUTE OF ARCHITECTS, 1735' NEW, YORK'AVENL'E, N.W: WASHINGTON, D.G 20006.5292 • WARNING: Unlicensed photocopying vlotates U.S.: copyright laws and will subject the violator to ler~prosecution. 8141/CMa-1992 2 2.4.4 The Architect shall assist the O\\'ncr and Construction A1ana};cr in the preparation of the necessary bidding infor- mation, bidding farms, the Conditions of the Catitracts, and tl?e forms of Agreement bet\veen the O\~=net and the Con- tractors. Tl?e Architect shall assist the Construction ;`4anager in issuing bidding documents to bidders and conducting pre- bid conferences with prospective bidders. The Architect, ~~ith the assistance of the Construction R9anager, shat( respond to questions from bidders, and shall issue addenda. 2.4.5 The Architect shall assist the Owner and Construction Rhanager in cot?section with the O~\=ner's responsibilit}' for filing documents required far the approval of governs?ental authorities havit?g jurisdiction over [he Project. 2.5 BEDDING OR NEGOTIATION PHASE 2.5.1 The Architect, foilovt•it?g the Os+~ner's approval of tl;e Construction Documents and of tl?e Construction ;`tanager's latest estimate of Cai?sv-uction Cost, shall assist the Construc- tion r,7anager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agrees?ent commences with the a~~~ard of tl?e Contract for construction and terminates at the earlier of the issuance to the O~'ner of the final Project Certificate for Pa}•n?ent or 60 days after the date of Substan- tial Completion of the \Ktork. 2.6.2 The Architect shall provide administration of the Con- tract for construction in cooperation with the Construction D4anager as set forth belo~~ and in the edition of AIA Docu- ment A201lCT<ta, General Conditions of the Contract for Con- struction, Construction A9anager-Adviser Edition, current as of the date of this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect v.-ith consent of d?e Contractors and the Construction Manager, a=hick consent sl?a11 not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (I) during construction unti3 final payment to the Contractors is due, and (3) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agree- ment unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or a:, otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and qua]ity of the Work completed and to determine in general if the Work is being performed in a rnariner_indicating that the Wark when completed mill be in accordance with. the Cantracf Documents. However,` the Architect shall not be required is rrtakE exhatistice' or cor- tinuoiis on=site inspections to check the quality or quantify of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the ~~'ork. (.11ure urten.cire.cite rcln'ese)rlutiu)r map be cesrerd in as a)r Additional Sc=rt~ice, as described 17T Pat'a~i"a1JI) j.?.) 2.6.6 The Arcl?itect shrill not have control over Or charge of :lnd sl?all i?ot be responsible for construction means, n?rthods, techniques, sequences or procedures, ar for safety precautions and programs in connection with the tklork, since these are the Contractors' responsibility under the Contracts for Con- struction. The Architect shall not be responsible for the Con- tractors' schedules ar failure to carry out the \'1'ork in accor- dance ~•'ith the Contract Documents. Tl?e Architect shall not be responsible far the performance by the Construction Man- ager of the services required by the Construction i<4anager's a~~reen?ent with the O~~ner. The Architect shall not have con- trol over or Charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, ar of an}' other persons performing services or portions of the ~X•'ork. 2.6.7 TI?e Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Communications by and v.'ith t]?e Architect's consul- tants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of each Contractor's AppllCatlaA for Pa}•ment, [he Archi- tect shall review and cenify the amounts due the respec- tive Contractors. 2.6.9.1 The Architect's certification for payment shall con- stitute arepresentation to the Owner, based an the Ard?itect's observations at the site as provided in Subparagraph 3.6.5, on the recommendations of the Construction Manager and on the data comprising the Contractors' Applications for Pay- ment, that, to the best of the Architect's knowledge, infor- mation and belief, the V('ork has progressed ro the point indi- cated and the quality of the Wark is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of [he t"~jork for"conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor de.°ia- tions from tl?e Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 2.6.9.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (])made exhaustive or continuous on-site inspections to check the quality or quan- tity of the Wurk, (3) reviewed construction means, methods, techniques, sequences or procedures, (3) reviecs=ed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for v,That purpose the Comractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect sha17 have authority, after notification to the Construction Manager, to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementatiori of the intent of the Contract Documents, the Architect will have authority, upon u>ritten authorization from the Owner, to require additional inspection er testing~of tl?e: Work in accordance with the provisions of ihe. Contract Iocuments, whether or not such Work is fabricated, installed or com- pleted. However, neither this authority of the Architect riot a decision made in good faith either to exercise or not to exer- Ise such authority shall give rise to a duty ar responsibility AtA DOCUMENT 81411CMa OWNER•ARCIIITECT AGREEMENT CONST:i2UCTION MANAGER- ADVISER ED1T10N • 1992 EDITION • AlA® • ©I992 • THE.4ML•RICAN INSTITUTE OF ARCFiI?'ECTS, 1735 NEW. YOl'~CI AVENUE, N.W., \\'ASIiINGTON, D.C. ?0006-529? • WARNING: Unlicensed 3 8141/CM8-1992 photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. of the Architect to the Constntction Alanager, Conu~actars, tiubconuactors, material and equipment supplie,;s, their a;;rnts ctr employees or other pecans pcriorming portions c.~f the Work. ' 2.6.11 The .4rchitect sly:tll review and approti°e or take other appropriate action upon Contractors' submitttls such as Shop Drawings, Product Data and Samples, but only for t17e limited purpose of checking for conformance Frith information given and the design concept expressed in the Contract Documents. TI7e Architect's action shall be taken n. ith such reasonable prompmess as ro cause no delay in the Contractors' \'tork ar in construction by the 0~~,°ner's o~=,=n forces, ~>,17i1e allo~ring sufficient time in the Architect's professional judgment [a per- mit adequate review=. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities ar for substantiating instructions for installation ar perf~r- mance ofequipment or systems designed b}' [he Contractors, all of ~~hich remain the responsibiIin~ of tlJe Contracta-s to tl7e extent required by the Contract Documents. The .4rchi- tect's reviev,= shall not constitute approval of safety precau- tions or, unless otherwise specifically stated by the Architect, of cansu-uction means, mrthads, techniques, sequences or procedures. T17e Architect's approval of a specific item shall not indicate approval of an assemb!}= of ~-hich the item is a component. \`;'hen professional certification of performance characteristics afmaterials, systems or equipment is required by the Contract Documents, the Ardtirect shall be entitled ro rel}' upon such certification to establish that the marerials, systems or equipment «-i11 meet the performance criteria required by the Contract Documents. 2.6.12 The Architect shall revie«~ and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction A4anager for the Owner's approval and execution in accordance with the Contract Documents. 2.6.13 The Architect may authorize minor changes in \Y~ork not im=oh~ing an adjustment in a Contract Swn or an ex~en- sion of a Contract Time which are not inconsistent. with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construc- tion A4anager. 2.6.14 The Architect, assisred by the Construction A4anager, s31ali conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect shall forward to the Oarner warranties and similar submittals required by the Contract Documents whsch have been received from the Construction A4anager. The Architect shall issue a final Project Certificate for Pa}=tnent upon com- pliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor- The Architect's response to such requests shall be made with reasonable promptness and within any time Iimits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the inten_ t of and reasonably inferable from die Contract Documents and shaii,be in a=rising or in the form of drawings. When making ,c„ch interprPa*.ions and initial decisions, the Architect shall endeavor to secure faithful per- formance by both Owner and Contractors, shall not show par- tiality to either, and shall not be liable far results of interpreta- tions or decisions so rendered in good faith: ;,'.:~ 2.6.17 1~he .4rrhitc•cts decisions on matters relating to aesthetic cifrct shall he final if ernZSistetit ~~•ith the intent expressed in the Contract Documents. 2.6.18 1'lJe ,4rchitect shall render written decisions within a reasonable tine an ^11 claims, disputes or other matters in question bet~;~een tl~e Owner :and Contractors relating to the execution or I3ro,ress of the \X~ork as provided in the Con- tract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including thane in question between the Owner and Contractors, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.x.17, shall be subject to arbitration as provided in dais .4greement and in the Contract Docwnents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article ~ are not included in Basic Services unless so identified in Anicle 13, and the}• shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The ser- vices described under Paragraphs 3? and 3. t shall only Ue prayided if authorized or confirmed in writing by the Owner. if sen•iees described under Contingent Additions! Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, d;e Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described tinder Paragraph 3.3 are not required, the Owner shall give prompt v,•ritten notice to the Architect. if the Owner indicates in writing that all or part of such Can- tingentAdditional Services are not required, d}e Architect shall have no obligation to provide chose services. 3.2 PROJECT REPRESENTATIOtJ' BEYOND BASIC SERVICES 3.2.1 If more extensivve representation at the site than is described in Subparagraph 2.G.5 is required, the Architect shall provide one or more Project Representatives to assist in car- rying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, ernplo}-ed and directed by the Architect, and the Architect shat] be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B3~2 current as of the date of this Agreement, unless otherwise agreed. ' 3.2.3 Through the observations by such Project Represen• tatives, the Architect shall endeavor to provide further pro- tection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 A4aking revisions in Drawings, Specifications or other documents when such revisions are, •r „' +, .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made nec- essary by adjustments in the Owner's program or Pioj- ect budget;,.>•;.= .. .. -,_. .... AIA DOCUMENT 8141/CMa OWNER-ARCHITECT AGREEMENT, • CONSTRUCTION M.4NAGER- .4DVISEREDITION » 1992 EDITION • AiA~, •OI992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735• NEW YORK AVENUE;. N.W„ WASHINGTON, D.C: 20006.5292 • WARNING: Unlicensed photocopying violates U.S:'cop~rigfit Iawsaand will subJeoi tfie'violator to~al, prosecution. Bi41/CMa-1992 .4 .2 requested b}• the Owner because the Construction Manager's estimate of Construction Cost exceeds the Owner's budget, except v.=here such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment ar revision of codes, laws or regulations subsequent to the preparation of suc1Z documents; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity, the O~>ner's or Construction Manager's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5?.3. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection wide Change Orders and Construction Change Directives. 3.3.4 Providing sen=ices in connection ~t•ith evaluating sub- stitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documenta- tion resulting therefrom. 3.3.5 Providing consultation concerning replacement of l4~ork damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the termination or default of the Construction Manager or a Contractor, by major defects or deficiencies in the i';%ork of a Contractor, or by failure of performance of either the Owner or a Contrac- tor under a Contract for Construction: 3.3.7 Providing services in evaluating an extensive number of claims submitted b}= a Contractor or others in connection with the Work. 3.3.8 Providing services in connection rn>ith a public hear- ing, arbitration proceeding or legal proceeding except where the Architect is parry thereto. 3.3.9 Preparing documents for alternate, separate or sequen- tial bids or providing services in connection cs=ith bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner`s needs and program- tming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authori- ties or others having jurisdiction over the Project. 3.4.5 Providing services `relative to fiiture facilities, sysems and equipment ~ • - 3.4.6 Providing services to investigaie.existing conditions or facilities or to make measured drawings thereof. 3.4.7 Praviiling services to verity the accuracy of drnvings or oti~er information fumis)zed by the Owner. 3.4.8 Providing coordination of coftstntction performed b}= ti7e Ot~.=ner's awn forces and coordination of services re- quired in connection with construction performed and equip- ment supplied by tl:e Owner. 3.4.9 Providing services in connection EvitJs the work of separate consultants retained by the Owner. 3.4.10 Providing estimates of Construction Cost 3.4.11 Providing detailed quantity surveys or inventories of material and equipment. 3.4.12 Providing analyses of owning and operating casts. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 A4aking investigations, inventories of materials or equipment, or valuations and detailed appraisals of exist- ing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construc- tion based on marked-up prints, drawings and other data fur- nished by Contracrors. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, prepara- tion of operation and maintenance manuals, training person- nel for operation and maintenance, and consultation dur- ing operation. 3.4.18 Providing services after issuance to the Owner of the 6na1 Project Certificate for Payment, or in the absence of a final Project Certificate for Payment, more [ham 60 da}=s after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Sen=ices. 3.4.20 Providing any other services not otherw=ise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, s}Tstems, and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Coristriaction Manager and the Architect,'v.=hich shall include the Construc- tion Cost, the Owner's dtfier costs and reasonable contingen- cies related to all of *.hese'cos*.s. . ~_ - _ ... 4.3 If requested by the. Architect,• the Owner shall furnish evidence chat financial arrangements have been•made to fulfill the Owner's obligations under this Agi-eemerit:•'. •~. AIA DOCUMENT 8147/CMa • OWNER:ARCHITECT AGREEMENT CONSTRUCTION MANAGER- ADVISER EDITION • 1992 EDITION • AIAm • ©1992 • THE AMERICAN INS?ITUTE OF ARCHITECTS, 5 8141/CMa-7992 ]735. NEW: YORK AVENUE. N.W., WASHINGTON, D.C. 20006-5292, • WARNING:. Unlicensed photocopying: viola U.S. copyright laws and will subject the violator !o legal prosecution. .: ~ >- :. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Oa%ner or such authorized representative shall render deci- sions ial a timely manner pertaining to documents subtt;itted by the Architect in order to avoid unreasonable dela}= in the orderly and sequential progress of the Architect's sen•ices. 4.5 The Owner shall retain a construction manager to admin- ister the Project. The Construction Manager`s services, duties and responsibilities will be as described in the edition of AIA Document]3801/CMa, Standard Form ofAgreemexl[ Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Conditions of the Agreement between Oa=net and Construction Manager shall be fur- nished to d;e Architect and shall not be modified without writ- ten consent of the Architect, which consent shall not be unreasonably withheld. The Architect shall not be responsi- ble for actions taken by the Construction ~4anager. 4.6 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for d;e sire of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-wa}=, restrictions, easements, encroachments, zoning, deed resrric- tiuns, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility sernices and lines, both public and private, above and below grade, including inverts and depths. All the informa- tion on the survey shall be referenced to a Project benchmark. 4.7 The Oa=net shall Furnish the_ services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corro- sion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.7.1 The Owner shall furnish the services of other con- sultants vrl;en such services are reasonably required by the scope of the Project and are requested by the Architect. 4.8 The Oa%ner shall furnish structural, mechanical, chemical, air and aster pollution tests, tests for hazardous materials, and other laboratory and enviromnental tests, inspections and reports required by law or the Contract Documents. 4.9 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Paymen[ or to ascer- tain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.10 The services, information, surveys and reports required by Paragraphs 4.6 through 4.9 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.11 Prompt, written notice shall be given by.,the Owner to the Architect and Construction Manager if the Oa=ner becomes aware of any fault or defect in the Project or non- confortnance~a=itli the Contract Documents. `'~, ___ 4.12 The proposed languzge of certificates or certifications requested of the Architect or Architect's consuhants shall be submitted to the Architect for review and approval at Leas[ 14 days prior to execution. The Owner shall not request certifi- cationsthat a%ould require know=ledge or services beyond the scope of this Agreement. 4.13 The Owner shall furnish the required information and services and shall render approvals al;d decisions as expedi- tiously as necessary for the orderl}~ progress of the Architect's services at;d \X'ork of the Contractors. 4.14 The Owner shall furnish tl;e Architect copies of writ- ten communications a=ids the Canstrucdon Alanager and Contractors. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Oa-ner of all elements of tl;e Project designed or specified b}% the Architect. 5.1.2 'The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected ar speciail}= pro- vided for by the Architect, plus a reasonable allowance For the Contractors' overhead and profit. In addition, a reasonable alloy=ante for contingencies shall be included for market con• ditions at the time of bidding and for changes in the '`mark during construction. Construction Cost shall also include the compensation of d;e Constrtaion Manager and Construction Ranager's consultants. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-wa}~, financing or other costs a=hick are the responsibility of the Owner as provided in Paragraphs 4.1 through 4.4 and 4.6 through 4.14. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 The Archi[ect's review of the Oa=net's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Archi- tect's preparation of the Construction Documents. Accor- dingly, the Architect cannot and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices a=ill not vary from the Owner's Project budget or from any estimate of Construc- tion Cost or evaluation reviewed by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. .3 In the event that the Construction Manager's esti " or th est bona fide bid or negotiated propo eceived by the Ow exceeds the Owner's b t- for. reasons other than those . ~crihed in P raph 3.3, the modi- fication of Contract Do s shall be the limit of the Architect's responsi ' ' .The 'tect shall be entitled [o compensauo accordance with t A reement for all servic rformed whether or not the Con lion Phase AtA DOCUMENT 6141/CMa • OuRVER•ARCHTTECI' AGREEA4ENT • COt.STRUC'T'ION MANAGER- ADVISER EDITION • 7992 EDITION ! AIAm • ©1992 • THEAMERICAN INSTITU'~p F ARCHITECTS, 1135 NEW YORK AVENUE, N.W.; W.ISHINGTON, D.C: ?0006-5292 WARNING: Unlicensed photocopying violates U.S. copyright taws and. will subject ilie. violator to lega{ piosecutlon: 8141/CMa-1992 ~ 6 G~_~ I ARTICLE 6 ARTICLE USE OF ARCHITECT'S DRAWINGS, y~` TERMINATION, SUSPENSION OR SPECIF(GATfONS AND OTHER DOCUMENTS l ABANDONMENT 6.1 TI;e Drawings, Specifications and other documents pre- 8.i Tl;is Ag °en;ef;t ma}° be terminated by eider party upon pared by the Architect for this Project are instrtuments of the not less than : days' ~~ritten notice shinild the either ]xirty Architect's service for use solely with respect ro this Project fail substantially to perform in accordance ~~=ith the terms of and, unless otherwise provided, the Architect shall be deemed this Agreement through no fault of the part}• initiatin~~ the author of these documents and shall retain all commas the termination. lam; statutory and ad;er reserved rights, including the copy- g,2 If the Project is suspended ley the O~a'net' for more than right. The Ov.-ner shall be permitted to retain copies, including ~. consecutive da}•s, the Architect shall be compensated for rel>roducihle copies, of the Architect's Dra~~.=ings, Specifics- services performed prior to notice cf such suspension. tXll-len bans and ether documents for information and reference in the Project is resumed, the Architect's compensation shall be connection with the O«=net's use and occupancy of the Proj- equitably adjusted to provide far expenses incurred in the ect. The Architect's Drawings, Specifications or other dace- interruption and resumption of the Architect's services. mcnts shall no[ be used by the O~~•ner or others on other proj- far additions to this Project or for completion of this ects 8.3 This Agreement may be terminated by the Owner upon , Project b}' others, unless the Architect is adjudged to be in not less th a da}-s' ~~.ritten notice to the Architect in ~{'t- e event that the Project is permanently abandoned. If the ` - ritin~= default under this Agreement, except by agreement in « j Project is abandoned by the Owner for n;ore than 90 con- and fa°ith appropriate compensation to tl;e Architect. secutive days, the Architect may terminate this Agreement by 6.2 Submission or distribution of docwments to meet official regulatory requirements or for similar purposes in connec- tion wit11 the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION ~a~„ 7.1 Claims, disputes or other matters u-7 estion between the parties to this Agreement arising of or relating to this Agreement or breach thereof 4Ha#I• be subject to and decided KKK~~~ by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbiuation Association cnr- ~r` rendy in effect unless the parties mutually agree otherwise. .V 7.2 Demand for arbitration shall be filed in writing with [he other party to this Agreement and with the American Arbitra- Lion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other mat- ter in question has arisen. In no event snail the demand for arbitration be made after the date when institution of Legal ar equitable proceedings based an such claim, dispute or other matter in question ~=ould be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other man- ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- ence to this Agreement signed by the Owner, .Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall no[ constitute consent to arbitration of any claim, dispute ar other matter in question not described in the atritten consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance. with applicable law in any court having jurisdictior+.'thereof .'• . ~ ~ 'i t.~ i-r~ :r: . - - .. - .. . . 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction .thereof. glving wnuen sauce. 8.4 Failure of the Owner to make pa}•ments to the Architect in accordance with this Agreement shall be considered suU- stantial nonperformance and cause for termination. 8.5 If the Ovrner fails to make pa}-ment when due the Archi- tect for.sen•icesandexpesses, the Architect mzy, upon s~ ~~ days' written notice to the Owner, suspend perforn;ance services under rl;is Agreement. unless pa ~ ~c-m full is received b}= the Architect within se~et~""days Of tl}e date of the notice, the suspension shall take effect without further notice. In the event of a suspension of sernices, the .Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In tl7e event of termination not the fault of the Architect, the Architect shall be compensated. for services performed prior to rermination, together a=ith Reimbursable Expenses then due,~`slrc~Ix~srxi~z~~x~Xf€~f~~ 8t~1~~~x~t 7 Termination Expenses are in addition to compensatio for sic and Additional Sen~ices, and include expenses ~_ . ch are dir ly attributable to termination. Termination eases shall be c uted as_ a percentage of the total e pensation for Basic Servrces and Additional_Services ea ed to the time of termination, a~ollows: .1 Twenty percent the total co ensation for Basic and Additional Services rued date if termination occurs before or during the design, site analysis, or Sche- matic Design Phas ; or ' .2 Ten percent the total com sation for Basic and Additional tutees earned to date rf~ erminatian occurs durin e Design Development Pha • or .3 F' percent of the total compensation f Basic anc~ Additional Serv=ices earned to date if terminatio occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS ~. @.1 •Unless otherwise•provided, This Agreement sl-loll be gov- erned by the law of the place where the Project is located. 9.2- Terms in this Agreement shall have the same meaning as those in the edition of AIA Document .4201/CMa, Gen- -_ AIA DDCUMEhfr 8147/CMa OWNER-ARCIiT7-ECT AGREEMENT • CONSTRUCTION MANAGER• ADV75ER EIIITiON • 1492 EDITION • AlA® • ©7992 • THE AMERICAN 1NST7TUTE OF ARCHITECTS, 7735 NEW-~ YORK AVENUE, N,W.,' WASHINGTON, D.C: 20006-5293 ~ WARNING: unlicensed 7 `-y B'14'I/CMfl-1992 photocopy violates U.S. copyright laws and will subject the violator to legal prosecution. real Conditions of thi: Cunuact fir Cc;nsu-uctit>n. Cunsn~uc- uun \1:u7a};rr-:ldvisrr L-diticm, current a.a u!' the date ut this :lgrrcmrnt. . 9.3 C:tusrs e;f acticn7 bet\~'ecn tlae parties to dais Agrreta7rnt hcrtainin~ to :tots or failures to act shall br dern7ed to h:n~e accrued :u7d the :thplirthlr st:notes of limitations shall com- mence u~t run not later than either the date of tiubst:n7tiai Completion far acts or failures to art occurring prior to Suhst:u7ti:d Cumhletic>n, cu the date ut issu:u7cr caf [hr final 1'rojrct Crrtificatr fnr Pa~•naent for acts car ]ailurc; to act occur- ring after Suhscu7tial Completion. 9.4 The O~\~ner and .3rr17itect t~•aive all rigi7ts a~~ainst rack other and a±~ainst [he Cunstntrtiun Manager. Cunu-actcars. and the consultants. agents :u7d cmhlo}~rrs of anv of than ter dan7agcs, but only na the rStent covered h}~ property insuratce during ransu-uction, rscrpt such ri~.;l7ts as they mar 17ave to the 13rucerds of such insurance as set forth in the edition of :`,IA Di7cument A_'Ol/C~/a. General Canilitions of the Contract ti)r Construction, Cansu'uctiun ~Iana;~rr-Adviser L•dition. cur- rent as of the date of this Agreement. 1-he Ot\~ner and :~rchitrct earn shall reyuire sin7ilar waivers from their Construction ~iana~~rr, Canuactors, cansult:tnts, agents, and persons or en- tities a«':u-ded separate conn'arts administered under the O\\-ner's u~',~n forces. 9.5 717r O~+•ner and Architect, respectiveh•, bind r17en7selees, their partners, successors, assigns and legal representatit-es to the other part}- to this Agreement and to the paru7ers, suc- cessors, assigns and Irgal representatives of such other harry n•ith respect u7 all cor-cnants of dais Agreement. Neither O\vner nor Architect shall assign this Agreement t~-i[hout the ~\-rittcn consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment brn~•een the Owner and Architect and supersedes all prior negotiations, representations ar agreements, either n•rit- ten or oral. This Agreement ma}~ be amended only by ~-rit- ten instrument signed by both Owner and Architect. 9.7 Nothing contained in [his Agreement shall create a con- tractual relatiansl7ip z id7 ar a cause of action in fa\•or of a third party against either the On-ner or Architect. 9.8 Unless ather:~=ise provided in t17is .Agreement, the Arc17i- rect and Architect's cot7sultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB} ar od7er toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Ovrner has previously advised the Architect in v.=citing of the specific information considered by the Owner to be confidential or proprietary. The Ou•ner shall provide profes- sional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Prrsonncl Exj7rnse is delined as the direct saLt- rirs c;f the :`Srchitrrt's personnel engaged cm t]7e Prc}jeer :u7c1 the 1-~urtiun of tl7e cost of their n7andautl-y and custan7cu•}• cun- u ihutiuns and hcr7clits related thereto, such as rtnhlc;} n7rnt tapes and t>ther statutory emhlo}•ee brnelits, insurance, sick k:nr, halida\:ti, vacttiut7s, hrnsiuns and similar contributions and 17rnrtl[S. i0.2 REIMBURSABLE EXPENSES 10.2.1 Rcimhursahlr Esprnses :ur in addition to Ctin7j>rnsa- tian (or I3:ISir and Additional Services and include exhrnses incurred h}• t17r Architect and :4rc17itrrt's enahlu}•res and con- sultants in the interest of the Prujecr, as identified in the fullowin~ Cl:luscs. 10.2.1.1 Expense of u•anspc;nation in cunl7cct;on ~\'ith the Project; expenses in connection tsith authorized out-af•rot~ n u:n-e1: lung-distance cannntnicatians; and Fria jxtid for secur- ing aphruval of audun'ities 17aving jw-isdir[iun aver rite 1'rojert. 10.2.1.2 E~prnse of reproductions, 13ustage, rxl7ress drli~•- eries, elecu•onic facsin7ile u~ansmissions and handling of Dra\.-- ings, Specific:atians and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of ot•ertimr ~•ork requiring higher than rr;ular rates. 1D.2.1.4 L-xpense of renderings. models and mock-ups reyuest- rd by the O\\•ner. 10.2.1.5 Expense of additional insurance cavera~e or limits, including professional liability insurance, requested by the Ov.•ner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of carnputrr-aided design and drafting equip- ment [ime \~°hen used in connection t~°ith the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial pa}•t77ern as set fani7 in Paragraph 11.] is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Ser\-ices shall be made monthly and, v.=here applicable, shall be in proportion to ser- vices performed c~~ithin each phase of service, a7 the basis set forth in Subparagraph 11.2?. 10.3.3 If and to the extent that d7e time initially established in Subparagraph ll.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation far any services rendered during the additional period of [in7e shall be computed in the manner set forth in Subpara- graph 11.3.2. 10.3.4 ~X~hen compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherv.=ise not constructed, compensation for those portions AIA DOCUMENT B1471CMa O\~:TNER-ARCli1TECT AGREEMENT CONSTRUCTION MANAGER- AD\rISER ED1T10N • 1992 EDITION • AIAm • ©1992 • TI9E.4:\tERIG~N ]NSTITliTE OF ARCHITECTS, I?35 NEW PORK AVENUE, N.\KJ., \C'ASIi1NGTON, D.C. ?0006-5292 WARNING: Unlicensed photocopying viotates U.S. copyright laws and will subject the violator to Ieg~ prosecution. 8141/CMa-1992 8 czf the Project shall be pa}'ahlu la the estcnt sen ices are performed on those poniot;s, in accordance ~-itlt the sd;edule set forth in Suhpartgrapl; 11.2.3, based an (i) the lo\;'est bona fide bids or t;cs;otiated proposals, or (?) if nil such bids ur pro}~osals are received, the n;ost recent estin;ate of Construc- tion Cost prepared by the Construction '.lanager for such pr,r- tions of the Praject. i0.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Pa}-ments nn account of the Architect's Additional Ser- \•ices and for Reimbursable Expenses shall be made monthly upon presentatian of the Archirect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 N<> deductic;ns shall be tmade tram the Architect's ciam- pensation on amount of pcnalt}•, liquid:ncd damages or other sums withheld from pa}•tments to Cot;tractors, or ot; aceout;t of the cost of changes in tl;e \~:fark other than those for \~~hich the Architect has been fow;d to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records t>f Reimbursable Expenses and expenses I;er- taining to Additional Services and services performed on the basis <}f a multiple of Direcr Persannel Expense shall be ai'ailable to tl;e O\~'I;e°r or the Ot~•ner's authorized represen- rative :tt mutual]}' convenient rimes. ARTICLE 11 BASIS OF COMPENSATION The 0~~.-ner shall compensate tl;e Architect as follov.-s: 11.1 AN INITIAL PAYMENT of Dollars (~ - - - - - -) shall be made upon execution of tl;is A~reemen2 and credited to the O~•t;er's account at final pa}•ment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Areicli: ?• and an}• other services included in Article 12 as pan of Basic Services, Basic Compensation shall be camlwred as follon-s: (!nc(~r/ basis of mmpensarrcm. D7e/adilr,~ snpulated stuns. nHt!l1J1/('J f)]' pi'1'C('7fla~t;l'S, a11d 1C/['A1ffY J,GaS(•t IU trbi[6 j)terlrndur melUnds uj er,nr/~(')tsutiun apj~lt: A Lump Sum Fee of $640,250 (6 1/2~) up to a project cost of $9,850,000. 11.2.2 ~X%here compensation is based on a stipulated sum ar percentage of Construction Cost, progress pa}•ments Cor Basic Services in each phase shall total the follo~•ing percentages of the total Basic Compensation pa}~ahle: r%nsert adtlrtionnl pUases ac appropriate.) Scl;erratic Design Phase: $128,250 }3c-r'cc-tt~-f---'?fr) Design Development Phase: $118, 000 j~FC-~f'r'r-F---s3ff) Construction Dacumenu Phase: $298, 000 percz?t;(-~---;~) Bidding ar Negotiation Phase: $30, 000 ..~~.~ -~fr li f-- . ) Construction Phase: $66,000 pe7•mrtr--•°iy Total Basic Compensation: $640, 250 one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BES`OND BASIC SERVICES, as described in Paragraph 3.2, compensatian shall be com- puted as follows: See Exhibit A AIA DOCUMENT 8141lCMa O\~t'NL•R-ARC191TL•'CT AGREEMENT • COhS'1'RUCTION MANAGL'R• AD\+15ER EDITION • 1992 EDITION • A1.4° • CIJ92 • THE AMERICAN INSTlTUTEDF ARCHITEG75, 1735 NEW S'ORK A\'ENL'E, N.W., \XtASHFNGTON, D.C. 20006.5392 \NARNINGnticensed photocopying violates U.S. copyright laws and will subject the violator to legal secution. Bi41/CMa-1992 9 11.3.2 hOit AI)I~IT10'\A1, tiL'R\'ICI:S OF l'i lE :3I2C1 iIl-LC"I', as described in :lrticles 3 and 12, other than (1) .4dditicmal Project Rchresent:niun, as described in P:u-agraph ;.3, and (2) srr\•ires included in Article 13 as hart t>I Basic Scrt~iccs, but excluding scn'iccs atf cc~n.<.ultants, cctmhct:.tiatictn shall h~ ;c5t~~huted as follcm•s: (Ar.+rr7 hursi. u( cnarJrevt.crztiun. iucltrdirr,q r-r ue•s <nxl.vr rrurhi(r4tc ct I)irrc't !'dr:+<nurrf 1_tyn•rr.cr./in• f'rini fp,rlc uud rang/u1'ecc. ,urri idruti/:I' l'riur rprrla and r(r>.v+r(7• rmp/uPrr.C, i/ rr,/rrirrrl. /rlrurl/i' .<prr!(ii srrriira to a hie/+ prn'rirrdrn' rurl(~r,ds ~ f wnrjrc•usrrrinrr rrj,/:l t: i/' nrrresnra: r See Exhibit A 11.3.3 POR ADD1T101AL SER\'ICL-S OF C01SL"L7:4\75. including additional structural, mechanical and electrical en~ineer- ing scrt-icrs and those pro~-ided wider Subparagraph 3.~i.19 or ielrntitied in Article: 13 as part of Additional Se r\-ices, a multiple of One ( 1.0 ) tin7es the an7our.ts billed to the Architect for such ser\•ices. 11JrntiJi• sprc'i%ic h'prs o/ CrnrxrrltruNS in Artrilc 1?. r( rerirrired.J 11.4 REIMBURSABLE EXPENSES 11.4.1 PC7R REIA9BL'RS.4BI_E EXPE:~SE-S, as described in Paragraph 10?, and an}- athcr items included in Article i2 as Reimbur- sable Expenses, a multiple of One ( 1.0 )times the expenses incurred by the Architect, the Architect's emplol•ees and consultants in the inrerest of the Project. <~ L--_'-' 11.5 ADDITIONAL PROVISIONS Cr,~.k~eti, f ~' 11.5.1 1F 7HE BASIC SERVICES corered b}- this Agreement ha\~e not been completed vrid7in e'`~~ ( ~" ) months Of the dare hereof, through no fault of die Architect, extension of the Architect's sen-ices be}'ond the[ time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Pa\•n7ents are due and pa\•able Twenty ( 20 )lot's from the date of the Architect's invoice..4tnounts unpaid Thirty ( 30 )days after the irn~eice date shall bear interest at [he rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of [he Architect. (Insert rata aJ inrerrst agreed upon.) (1'sur~' lau:c anc! r'i~quitzmrenu ender the Federal Ti-rrth in 1 ending Act, similar stnte and hrcnl consuurar Credit larr:c mrd urher• regu/ndnns ut the vu•ner;c and ? rcbitea:c principal places ojbusinecs, the location rtjt/re I'rgject and el.+-eu here rnat• a(ject the ralidi~t' of this prurision. Spccijii (cgu! crdr•ice should be ubtaiued u'itta respett tti deletions or modijicatiunc, and ulcn regarding rrcp~irements such as u•r-itten drsclusures ur u•curers. f 11.5.3 The rates and multiples set forth for .additional Services shall be annually adjusted in accordance with normal salary review practices of the Archirect. AtA DOCUMENT 8141/CMa • O+x•NLR-ARCHITECT AGREEMENT CONSTRUG)-lON .AIANAGER- ADVISER EDITION • 1993 EDI7"10N • AIAm • ©1992 • TI1E AMERICAN 1NSTlTt-TE OF ARCIi1TEGTS, 1'35 NEW YORK gVENL'E, N.W., \trASHINGTON, D.C. 20006.5292 • WA~tNtNG: Unlicensed photocopying violates U.S. copyright laws and will subject the violator io legal prosecution. 8141/CMd-1992 10 ARTICLE 12 OTHER CONDITIONS OR SERVICES (hr>r.•rt drsa'iJ;tlarrs rrf rtber ;t•rriers. idantiJr aedc. itiurral Serrirr~: ine turh'd trR!trn IfcPCie Cr~mpr•ucatiun, drrc! iusrrt mudifr+'atirons /u (irr /sr(t'nn't+r oud iun;/natsn• lion trr-rn.c irtdudr•d in 1Ltic,q,~rtq'rnrrtl.) 12.1 Attendance at Planning Commission meetings and City Council meetings far approvals is included in Schematic Design Phase Services. 12.2 Basic Services include, civi? , Structural, Mechanical and Electrical Engineering design services and Fire Protection performance specifications. 12.3 This Contract does not include design services for soil correction engineering. 12.4 This Contract includes provisions for Owner-provided items including: fiirniture, fixtures, signage, office equipment, audio visual equipment, communications equipment, telephone systems or computer cabling and networking. It also include a furniture reference plan showing generic furnihre, office equipment and A~1 equipment. Rough-ins for phone/data is included on electrical plans. 12.5 If required, Watershed District Engineering submittals and meeting attendance are Additional Services and will be provided as directed by the Owner and will be billed at applicable hourly rates per the attached Exhibit A. This A~reen7ent entered into as of the day and near first ,.~ritten abo~'e. 0~9NER RCHITECT GL~ (Signature) (.Signanrre) ~' (Printed name and title) Randy L. angel, Vice President (Printed name and tr(le) CAUTION: You should sign an original AIA document which has this caution printed in red. ~ ~ An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. A]A DOCUMENT 6741JCMa O\T'NL•"R-ARC1i1"rECT AGREEn9L'NT CONSTP.UCTION MANAGER• ADVISER EDITION • 19)2 1?DITION • ALAS' • ©1)92 • THE AR9ER]CAN iN5T1TL'TE OF ARC191TL'CTS, 1735 NEW YORK AVENGE, N.W., unSH1NG1'ON. D.C. 30bU6-539? WAflNit~{ Unlicensed 8141/CMa-'1992 11 photocopying violates U.S. copyright laws and will subject the violator to fegvva}}''prosecution. ~t3~TOV1i R~iC~ ~l s S~~t~~'E s ~1~~ 64h! ARCHIT6C7iJR.4L SERtJICES CafftPANY 2345 Rice Street Suite 210 ~'" ~~` St. Paut, Mirsnesota 55113 EXHIBIT A 2008 Rates Additional Professional Services are compensated at the following hourly rates (if applied}: Principal $130 Project Manager $120 Project Architect $110 Project Designer $ 95 Drafter I/II $85/90 Secretary $ 55 Buetow and Associates' Reimbursable Expenses incurred on behalf of a project are as follows: Computer Plots Facsimile Transmissions Messenger Service Mileage Photo copying Postage Printing of Bid Documents Reproduction of Drawings $20.00 per sheet $2.00 per sheet at cost $.48 per mile $.15 per 8 1/2 x 11 sheet at cast at cost $3.00 per sheet @~~~ tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com 99 ..,_ .~ _~ I', - ~ ~. _ ._. ,. ~ , THE CITY OF CGLUMBIA HEIGIITS PUBLIC SAFETY CNTE ST Y PRELIMINARY BUDGET ESTIMATE FOR NEI SITE (JN 41ST Cost Estimate - - _ _ _ _ _ -_ __ BA #0723 _ __ _ S quare Footage Description SF S/SF Site Acquisition Costs and Site Demolition/Clean. Llp To be determined by the City Estimated Construction Costs Police and Fire Shared Spaces _ 8397 $210 ' $1,763,370 Police Station Office Areas 10099 $210'; $2,120,790 Police Station Crarage Areas _.. 7500 $141 ,_ $1,060,778'; Fire Station Office Areas 5942 $210'. $1,247,820 Fire Station Apparatus Areas 6768 $141 $957,242' $7,150,000 Site t~~ork $800,000 Furniture $700,000' Data Technology and Telephone I $60Q000 Soil Borings, Testing, Professional Fees and Reimbursables '_ $700,000 Construction Continency $600,000 Public Safety Project Costs $10,550,000 These potential building and site development costs are based upon Preliminary Design. The above infonllation is based upon 2007 Estimated Costs. BUETOW & ASSOCIATES 2345 RICE STREET SUITE 2t0 ST. PAUL MINNESOTA Pa e 22 AN ARCHITECTURAL SERVICE COMPANY 55113 TELEPHONE (6511 483-6701 100 CITY COUNCIL LETTER Meeting of January 22, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ~ ITEM: Discussion on the formation of a Housing BY: Scott Clark , ~` BY: ` ~ ` Improvement Area DATE: January 17, 2008 Background: In late 2007 Board representatives of the Sullivan Shores Townhouse Association approached the City to discuss the formation of a Housing Improvement Area (HIA), as outlined under MSA 428A (attached.) The HIA formation is part of a process that allows a City to fund rehabilitation work through taxable revenue bonds that are secured as general bond obligations. In this case, Sullivan Shores has had a major water intrusion issue that has resulted in major damage (an estimated $30,000 per unit resulting in a need of $2,000,000 of rehabilitation). The ability to create HIA's and allow for public funding for improvements was created by the State since many Associations found it difficult to secure private financing (lending institutions disfavor cumbersome loans which in the case of condominiums or townhomes must be broken down to individual unit obligations and obviously there is a benefit of below market financing that bonds produce.) Representatives of the Association will be present at the meeting to discuss their request with the Council. Staff has also enclosed the letter that was sent to their Board which explains the overall process if the Council wants to proceed. Attachments: 1) Residential Moisture Intrusion Inspection Report-May 10 and 11, 2007 Summary Report (the full report will be available at the meeting for Council review). 2) MSA 428A- Establishment of Housing Improvement Area Legislation 3) Letter dated January 10, 2008 to George Leverentz, President of Sullivan Shores Association Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1539, there being ample copies available to the public. MOTION: Move to Adopt Ordinance No. 1539, an Ordinance Establishing Sullivan Shores Housing Improvement Area. COUNCIL ACTION: 101 CITY OF COLUMBIA HEIGHTS ORDINANCE NO. 1539 AN ORDINANCE ESTABLISHING SULLIVAN SHORES HOUSING IMPROVEMENT AREA BE IT ORDAINED by the Council of the City of Columbia Heights as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The City has determined a need to establish the Sullivan Shores Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Sullivan Shores Townhouses," all in accordance with the Housing Improvement Act. 1.03. The City has consulted with the Sullivan Shores Townhouses, Inc. (the "Association") and with residents in the Sullivan Shores Housing Improvement Area regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council finds that, in accordance with Section 428A.12 of the Housing Improvement Act, owners of at Least 2~ percent of the housing units within the Sullivan Shores Housing Improvement Area have filed a petition with the City Clerk-Treasurer requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on March 10, 2008 conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners ofproperty within the Sullivan Shores Housing Improvement were given an opportunity to be heard. 2.03. The Council fords that, without establishment of the Sullivan Shores Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the townhouse association for, or the housing uiut owners in, the Sullivan Shores Townhouses. 2.04. The Council further fords that designation of the Sullivan Shores Housing Improvement Area is needed to maintain and preserve the housing units within such area. Section 3. Housing Improvement Area Defined. 3.01. The Sullivan Shores Housing Improvement Area is hereby defined as the area of the City legally described as follows: 102 Lots 1-65, Block 1, Sullivan Shores, Anoka County, MN 3.02. The Sullivan Shores Housing Improvement Area contains 65 housing units as of the date of adoption of this ordinance, along with common area. Section 4. Houslilg Improvements Defined. 4.01. For the purposes of this ordinance and the Sullivan Shores Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Sullivan Shores Housing Improvement Area: • Remove all exterior cladding (including siding, soffits, fascia and trim boards), roofing materials and damaged roof decking. • Framing repairs, including replacement of deteriorated sheathing, wall studs and damaged framing members. • Replace window flashing. • Remove and re-install windows. • Install new siding, soffits and fascia. • Install new shingle roof and related ventilation. • Install new gutters and downspouts at points of entry, entry doors, garage doors and rear entries at decks and patios. • Miscellaneous mechanical repairs related to above work. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Sullivan Shores Housing Improvement Area; and (c) costs of issuance of bonds to finance Housing Improvements under the Housing Improvement Act, subject to the terms of Section 5.04 hereof. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under the Housing Improvement Act, impose a fee on the housing units within the Sullivan Shores Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 5.02. Any HousiZ~g Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee, divided by the number of housing units in the Sullivan Shores Housing Improvement Area as of the date of any fee resolution. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater 2 103 than 15 years after the first installment is due and payable. 5.04. Any Housing Improvement Fee shall be prepayable in full or in part by housing unit owners within 30 days after the effective date of the resolution setting the Housing Improvement Fee, provided that if only a portion is prepaid, the prepayment amount must be at least 25 percent of the total fee for that unit. After such 30-day period the Housing Improvement Fee (or unpaid portion thereof) shall not be prepayable. 5.05. The resolution imposing the Housing Improvement Fee may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate that will produce total fee revenue collected from all units in the Sullivan Shores Housing Improvement Area in an amount that equals 105 percent of the debt service payable each year on the bonds to be issued under Section 6 hereof, plus $5,000 annually to compensate the City for administrative costs of the Sullivan Shores Housing Improvement Area. 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Issuance of Bonds. 6.01. At any time after a contract with the Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the 30-day period for prepayment of the Housing Improvement Fee has expired as described ul Section 5.04 hereof, the Council may issue bonds in the principal amount necessary to finance the cost of the Housing Improvements that have not been prepaid together with costs of issuance of the bonds. Such bonds shall be issued pursuant to and in accordance with Section 428A.16 of the Housing Improvement Act. Section 7. Annual Reports. 7.01. On August 15, 2009 and each August 1 S thereafter until there are no longer any outstanding bonds (includuig refunding bonds) issued under the Housing Improvement Act in connection with the Sullivan Shores Housing Improvement Area, and all Housing Improvement Fee revenues have been expended, the Association (and any successor in interest) shall submit to the City Clerk-Treasurer a copy of the Association's audited financial statements. 7.02. The Association (and any successor in interest) shal'1 also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. 104 Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk-Treasurer is authorized and directed to mail to the owner of each housing unit in the Sullivan Shores Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Sullivan Shores Housing Improvement Area file an objection with the City Clerk-Treasurer before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk-Treasurer for public inspection. Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Housing Improvement Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof, or 30 days after the date of publication of this ordinance, whichever is later. First reading at a regular meeting of the Council of the City of Columbia Heights held on March 10, 2008, and finally read, approved and adopted and ordered published at a regular meeting of said Council on March 24, 2008. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Attest: Patricia Muscovitz, CMC/City Clerk 4 105 Sullivan Shores Townhouse Association Master Development Schedule Housing Imarovement Area Task State Requirement City Requirement Completion Date Action Date Establishment of Housin Im rovement Area Petition Received b Association 25% of units to petition Petition received-February 5, 2008 with a 60165 Vote Public notice to news aper 7 da s February 22, 2008 March 10, 2008 Notice to individual homeowner 10 da s Februar 29, 2008 March 10, 2008 Isi: Readin b Council March 6, 2008 March 10, 2008 2nd reading b Council March 20, 2008 March 24, 2008 Summar Ordinance Sent to Homeawner 5 da s March 27, 2008 Effective Date of Ordinance 45 da s 30 da s Ma 8, 2008 Ordinance Sent to Revenue Commissioner Within 30 days after 2nd Reading Aril 27, 2008 Fee Structure Resolution Public Notice to News a er 7 da s March 7, 2008 March 24, 2008 Notice to individual homeowner 7 da s March 7, 2008 March 24, 2008 Council Action March 20, 2008 March 24, 2008 Summa Resolution Sent to Homeowner 5 da s March 27, 2008 Association Capital Improvement Plan Required by Statutue March 17, 2008 Development A reement Cit Council A royal Ma 8, 2008 Ma 12, 2008 Effective Date of Resolution/Ordinance 45 days after March 24,2008 (Veto Period Ma 12, 2008 Fee Pre-Pa ment Ends June 11, 2008 Bond Sale Process 1st Readin at Council March 20, 2008 March 24, 2008 2nd Readin April 24, 2008 Aril 28, 2008 Bond Publication- Ordinance Ma 1, 2008 Ma 8, 2008 Ma Bond Sale/City Council Meetin June 19, 2008 June 23, 2008 Schedule B of Fee Resolution sent to Homeowners 30 days from Bond Issuance Date Jul 8, 2008 Bond Closin Mid-Jul Certified Copy of Resolution to Count 30 days from Bond Issuance Date 7/812008 106 CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY 1VIANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-62, Housing BY: Scott Clark BY: Improvement Fee for Sullivan Shores DATE: March 17, 2008 ~~' f- 4~ ~. Housing Improvement Area Background: This action is the second step in securing bond funds for the Sullivan Shores rehabilitation work. The attached resolution establishes the fee structure (effectively the amount that each unit will be assessed) and establishes the parameters for pre-payment (Section 2.02). The per unit housing cost is established as a not to exceed number of $42, 285 based on: -Project Construction Funds-$2,557,000 -Capitalized Interest- $106,545 -Debt Service Reserve-$50,000 -Issuance Cost-$35,000 -Total-- $ 2,748,545, /65 units equals $42, 285 rounded Attached with this action is a "Bond Issue Pre-Sale Report" from Ehlers and Associates, dated March 25, 2008 giving further explanation for the financing. Also attached is the new schedule illustrating all future actions with a final action date of June 23, 2008 which will be the bond sale date, this allows Sullivan Shores to commence rehabilitation efforts on the following day. Recammendation: Staff recommends Adoption of Resolution 2008-62, a resolution approving a Housing Improvement Fee for Sullivan Shores Housing Improvement Area, Recommended Motion: Move to waive the reading of Resolution 2008-62, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-62, a Resolution Approving a Housing Improvement Fee for Sullivan Shores Housing Improvement Area. Attachnzent.• 1esolution lUUtS-61, ljona LsszzeYre-Jute ltepot~t, 1v[astet- ~evetopment ~cneazzze COUNCIL ACTION: 107 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2008-62 APPROVING A HOUSING IMPROVEMENT FEE FOR SULLIVAN SHORES HOUSING IMPROVEMENT AREA Section 1. Recitals. 1.01. The City of Columbia Heights ("City") is authorized under Minnesota Statutes, Section 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. By Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") in order to facilitate certain improvements to property known as the "Sullivan Shores Townhouses," all in accordance with the Housing Improvement Act. 1.03. In accordance with Section 428A.12 of the Housing Improvement Act, owners of at least 25 percent of the housing units within the Housing Improvement Area have filed a petition with the City Clerk-Treasurer requesting a public hearing regarding imposition of a housing improvement fee for the Housing Improvement Area. 1.04. The Council has on March 24, 2008 conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this resolution at which all persons, includuig owners of property within the Housing Improvement Area, were given an opportunity to be heard. 1.05. Prior to the date hereof, Sullivan Shores Townhouses Association, Inc. (the °'Association°') has submitted to the City a financial plan prepared by Gassen Companies, an independent third party, acceptable to the City and the Association, that provides for the Association to finance maintenance and operation of the common elements in the Sullivan Shores Townhouses and along-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Housing Improvement Act. 1.06. For the purposes of this Resolution, the terns "Housing Improvement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housui~ Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee divided by the number of housnlg units in Housing Improvement Area as of the date of this Resolution. cos 2.02. The owner of any housing unit against which the Housing Improvement Fee is imposed may, at any time within 30 days after the effective date of this Resolution, pay all or a portion of the total Housing Improvement Fee imposed against such housing unit as specified in Exhibit A hereto to the City Treasurer, without interest thereon; provided that if only a portion is prepaid the prepayment amount must be at least 25% of the total fee for that unit. Any Housing Improvement Fee (or a portion thereof) not prepaid in accordance with this Section shall be payable solely in accordance with Section 2.03 hereof. 2.03. If not prepaid in accordance with Section 2.02 hereof, the Housing Improvement Fee (or unpaid portion thereof) shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable in calendar year 2009, which annual payment shall be deemed to include interest on unpaid Housing Improvement Fee accruing from June 1, 2008 at an annual interest rate that will produce total fee revenue collected from all units in the Housing Improvement Area iii an amount that equals (a) 105 percent of the debt service payable each year on bonds to be issued by the City issued to finance the Housing Improvements (the "Bonds") in accordance with the Enabling Ordinance and the Housing Improvement Act; plus (b) $5,000 annually to compensate the City for administrative costs of the Housing Improvement Area. Upon issuance of the Bonds, the City Clerk-Treasurer shall cause to be prepared a schedule indicating the annual payment for each housing unit for which the Housing Improvement Fee has not been prepaid, which schedule shall be attached as Exhibit B to this Resolution in the City's official records. 2.04. The Housing Improvement Fee, unless prepaid in accordance with Section 2.02 hereof, shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Sections 428A.14 and 428A.15 of the Housing Improvement Act. 2.05. The Housing Improvement Fee imposed against each housing unit shall not exceed the amount specified iii Exhibit A hereto; provided, however, that the Housing Improvement Fee may be reduced at any time before issuance of the Bonds, which reduction shall be applied pro rata to each housing unit's Housuig Improvement Fee on the basis described in Section 2.01 hereof; and further provided that if any housing unit owners have prepaid the Housing Improvement Fee prior to any reduction in that fee, the City shall promptly reimburse such housing unit owner in the amount of the pro rata share of any reduction in the fee amount. Upon any reduction in the Housing Improvement Fee, the City Clerk-Treasurer shall cause to be prepared a revised copy of Exhibit A hereto, which shall be attached to this Resolution in the City's official records and shall be promptly mailed to all housing unit owners within the Housing Improvement Area. Within 30 days after issuance of the Bonds the City Clerk-Treasurer shall mail to each housing unit owner a copy of Exhibit B to this Resolution showing the final annual fee imposed against each housing unit for which the Housing Improvement Fee has not been prepaid. Section 3. Notice of Right to File Objections. 3.01. Withiri five days after the adoption of this Resolution, the City Clerk-Treasurer is authorized and. directed. to mail to the owner of each housnig unit in the Housing Improvement Area a summary of this Resolution; notice that owners subject to the Housng Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Housing Improvement Area file an objection with the City Clerk-Treasiu-er before the effective date of this 109 Resolution; and notice that a copy of this ordinance is on file with the City Clerk-Treasurer for public inspection. Section 4. Effective Date. 4.01.. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing; of Housing Improvement Fee. 5.01. Within 30 days after issuance of the Bonds, but it no event later than November 15, 2008, the City Clerk-Treasurer shall file a certified copy of this resolution together with a final update of Exhibits A and B hereto to the Anoka County Auditor to be recorded on the property tax lists of the county. Approved by the City Council of the City of Columbia Heights this 24th day of March, 2008. Gary Peterson, Mayor ATTEST: Patricia Muscovitz, CMC/City Clerk 110 EXHIBIT A TO RESOLUTION N0.2008-62 Total fee per housing unit: $42,285 111 EXHIBIT B TO RESOLUTION N0.2008-62 [Description of annual fee for each housing unit; to be inserted upon issuance of the Bonds in accordance with Section 2.05 of this Resolution.] Annual fee per Housing Unit: $ 112 No ~ssu~ ~~E-s~-~.E R~~o~-r March 24, 2008 Proposed Issue: $2,785,000 Taxable G.O. Housing Improvement Area Bonds, Series 2008A Purpose: The majority of the owners of the 65 unit Sullivan Shores Townhouses Association have petitioned the City Council to create a housing improvement area and issue bonds to fund approximately $2.5 million of improvements to the exteriors of the units. The Bonds will carry taxable interest rates because the improvements are on private property rather than the typical public improvements. Authority and The Bonds are being issued pursuant to Minnesota Statues, Chapter Rating: 428A and pursuant to the City Charter. The Bonds are anticipated to be rated by Moody's at an "A1" level. The purchasers of the Bonds may elect to add private bond insurance to raise the rating to an "Aaa" level. Bank Qualification: Because the Bonds are taxable, the bank qualification will not apply. Terra/Call Feature: The Bonds are being issued fora 15-year period plus eight months of capitalized interest. Principal on the Bonds will be due on February 1 in the years 2010 through 2024. Bonds maturing February 1, 2019, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2018. Funding Sources: It is the intent of the City to levy a housing improvement area fee on each unit to support 105% of the debt service beginning with taxes payable in 2009. The fees are very similar to special assessments for public improvements. The fee can bepre-paid in whole or in part before the Bonds are issued but cannot be pre-paid after the initial period until the Bonds are retired. The reason that prepayments are restricted is because the City cannot invest the funds at any rate near the estimated fee rate of over 7%. i~he fee principal will be equal to the construction costs, costs of issuance, capitalized interest, and bond reserve. The ~HLERS {lA.l!®R ®PI1ELfS fl*?MC! Page 1 113 reserve of $50,000 is intended to cover any major delinquency or non- payment of fees. Discussion Issues: The Bonds do not count against the City's legal debt limit of 3% of market value. Risk Factors: The fees per unit are expected to be over $42,000. This amount of fee may result in delinquency of fees, or ultimately a potential property tax foreclosure. The City staff has inventoried existing mortgage amounts on the units and find that less than six of the units have first and second mortgages of more than the assessed value of the units. The risk of tax foreclosure is expected to be small, but the reason for a reserve funded out of bond proceeds is to protect the City. There is also a recognized risk that if the City does not act to assist the units, the value of the units and the condition of the neighborhood could deteriorate significantly. Arbitrage: Schedule: Attachments: Ehlers Contacts: ~HL~R~ ui~aem~ ®r~neie ruree Because the Bonds are taxable, there are no restrictions on the amount of interest that can be earned on the proceeds of the Bonds. First Reading of the Ordinance and Pre-Sale Review by Council: Second Reading of Bond Ordinance Bond Ordinance Published: Pre-payment of Fees Ends: March 24, 2008 April 28, 2008 May 8, 2008 June 11, 2008 Distribute Official Statement: June 13, 2008 Conference with Rating Agency: Week of June i 6, 2008 Bond Sale and City Council meeting to award: June 23, 2008 Estimated Closing Date: Week of July 14, 2008 Sources and Uses and Debt Service Estimates Financial Advisors: Bond Analysts: Mark Ruff Stacie Kvilvang Shelly Eldridge Diana Lockard Debbie Holmes Bond Sale Coordinator Connie Kuck (651)697-8505 (651) 697-8506 (651)697-8504 (651) 697-8534 (651)697-8536 (651) 697-8527 Page 2 114 The Official Statement for this financing will be mailed to the home of each Council Member at their home address for review prior to the sale date. ~HL~R$ ttaaemi ®vanfRa~aired Page 3 115 City of Columbia heights, MN Proposed Taxable G.O. Housing Improvement Area Bonds 15 Year Term - $50,000 Reserve Current Market Rates + 50 basis points Fee Equal to Construction Costs, Reserve, Capitalized Interest and Costs of Issuance Proposed Taxable G.O. Housing Improvement Area Bonds, Series 2008 Par Amount of Bonds 2,785,000 Total Sources .2,785,000 Total Underwriter's Discount (1.250%) 34,813 Costs of Issuance 35,000 Deposit to Capitalized Interest Fund 106,545 Deposit to Debt Service Reserve 50,000 Deposit to Project Construction Fund and Legal Costs 2,557,000 Rounding Amount 1,643 Total Uses 2,785,000 Average Coupon .5.9391°% Revenue Source Total Fee $2,748,545 Per Unit $42,285 Interest Rate 7.150 Annual Pmt. $304,640.83 Levy Collect Payment Date Principal Rate Interest Cap Interest Total P & I Annual P & i Annual + 5.00% City Admin Cost Total Annual Payment Annual Per Unit Cost No. of Units Total Fees Collected Expense! Revenue Difference 6/1 /2008 2007 2008 2/1/2009 106,545 (106,545) - - - _ _ 2008 2009 8/1/2009 79,909 79,909 - - 2008 2009 2/1/2010 125,000 4.90% 79,909 204,909 284,818 299,058 5,000 304,058 4,687 65 304,641 (582) 2009 2010 8/1/2010 76,846 76,846 - 2009 2010 2/11c^^011 130,000 5.00% 76,846 206,846 283,693 297,877 5,000 302,877 4,687 65 304,641 (1,764) 2010 2011 8/1/2011 73,596 73,596 - - 2010 2011 2/1/2012 140,000 5.10% 73,596 213,596 287,193 301,552 5,000 306,552 4,687 65 304,641 1,911 2011 2012 811/e^^.012 70,026 70,026 - - 2011 2012 2/1!2013 145,000 5.20% 70,026 215,026 285,053 299,305 5,000 304,305 4,687 65 304,641 (336) 2012 2013 8/1/2013 66,256 66,256 - 2012 2013 2!1/2014 155,000 5.30% 66,256 221,256 287,513 301,888 5,000 306,888 4,687 65 304,641 2,247 2013 2014 8/1/2014 62,149 62,149 - - 2013 2014 2/1!2015 160,000 5.40% 62,149 222,149 284,298 298,512 5,000 303,512 4,687 65 304,641 (1,128) 2014 2015 8/1/2015 57,829 57,829 - - 2014 2015 2/112016 170,000 5.50% 57,829 227,829 285,658 299,940 5,000 304,940 4,687 65 304,641 300 2015 2016 811/2016 53,154 53,154 - - 2015 2016 211/2017 180,000 .5.65% 53,154 233,154 286,308 300,623 5,000 305,623 4,687 65 304,641 982 2016 2017 8/11^c017 48,069 48,069 - - 2016 2017 2/1/i018 190,000 5.75% 48,069 238,069 286;138 300;444 5,000 305,444 4,687 65 304,641 804 2017 2018 8!1/2018 42,606 42,606 - - 2017 2018 2!112019 200,000 5.90% 42,606 242,606 .285,213 299,473 5,000 304,473 4,687 65 304,641 (168) 2018 2019 8!1/2019 36,706 36,706 - - 2018 2019 211/<^.020 210,000 6.00% 36,706 246,706 283,413 297,583 5,000 302,583 4,687 65 304,641 (2,058) 2019 2020 6/112020 30,406 30,406 - - 2019 2020 2/1/2021 225,000 6.10% 30,406 255,406 285,813 300,103 5,000 305,103 4,687 65 304,641 462 2020 2021 811!2021 23,544 23,544 - - 2020 2021 2/1/2022 235,000 6.15% 23,544 258,544 282,088 296,192 5,000 301,192 4,687 65 304,641 (3,449) 2021 2022 8/1!2022 16,318 16,318 - - 2021 2022 211!2023 250,000 6.25% 16,318 266,318 282,635 296,767 5,000 301,767 4,687 65 304,641 (2,874) 2022 2023 8/1/2023 8,505 8,505 - - 2022 2023 2/1/2024 270,000 6.30% 8,505 278,505 287,010 301,361 5,000 306,361 4,687 65 304,641 1,720 2,785,000 1,598,383 (106,545) 4,276,838 4,276,838 4,490,679 75,000 4,565,679 70,302 4,569,612 (3.9331 116 Prepared by Ehlers & Associates, Inc. 3/17/2008 ~ EHLERS Sullivan Shores Townhouse Association Master Devel®nment SchptlulP Hnucinn Imnrnvpmcant ~rpa Task State Requirement --- - - City Requirement - ------ - -- --- Completion Date Action Date Establishment of Housin Improvement Area Petition Received b Association 25% of units to petition Petition received-February 5, 2008 with a 60/65 Vote Public notice to newspa er 7 da s Februa 22, 2008 March 10, 2008 Notice to individual homeowner 10 da s Februa 29, 2008 March 10, 2008 Ist Readin b Council March 6, 2008 March 10, 2008 2nd reading b Council March 20, 2008 March 24, 2008 Summary Ordinance Sent to Homeowner 5 da s March 27, 2008 Effective Date of Ordinance 45 da s 30 da s Ma 8, 2008 Ordinance Sent to Revenue Commissioner Within 30 days after 2nd Reading Aril 27, 2008 Fee Structure Resolution Public Notice to News a er 7 da s March 7, 2008 March 24, 2008 Notice to individual homeowner 7 da s March 7, 2008 March 24, 2008 Council Action March 20, 2008 March 24, 2008 Summar Resolution Sent to Homeowner 5 da s March 27, 2008 Association Ca ital Improvement Plan Required by Statutue March 17, 2008 Develo ment Agreement Cit Council A roval Ma 8, 2008 Ma 12, 2008 Effective Date of Resolution/Ordinance 45 days after March 24,2008 (Veto Period) Ma 12, 2008 Fee Pre-Pa ment Ends June 11, 2008 Bond Sale Process 1st Readin at Council March 20, 2008 March 24, 2008 2nd Readin April 24, 2008 Aril 28, 2008 Bond Publication- Ordinance Ma 1, 2008 Ma 8, 2008 Ma Bond Sale/Cit Council Meeting June 19, 2008 June 23, 2008 Schedule B of Fee Resolution sent to Homeowners 30 days from Bond Issuance Date Jul 8, 2008 Bond Closin Mid-Jul Certified Co of Resolution to Count 30 days from Bond Issuance Date 7/8/2008 117 CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: ls` Reading Ordinance No.1540, BY: Scott Clark i BY: Issuance and Sale of Taxable G.O. DATE: March 17, 2008 Housing Improvement Area Bonds, Series 2008A Background: Attached is first Reading Ordinance No.1540 for the sale of approximately $2,785,000 in taxable general obligation housing improvement area bonds for Sullivan Shores. Per the City Charter a second reading will occur on Apri128, 2008 with an effective date in early June. Staff will also be bringing to the City Council on May 12, 2008 a Development Agreement between the City and Sullivan Shores that will contract how the disbursement of funds will be made, memorializing on-going reserves and payment for administrative services, inspections, etc. Recommended Motfon: Move to waive the reading of Ordinance No. 1540, there benig an ample amount of copies available to the public. Move to set a Public Hearing for the 2°d Reading of Ordinance No. 1540 for approximately 7:00 pm on April 28, 2008. Attac:hrnent: D~•aftOrdifacrnce ISO COUNCIL ACTION: 118 CITY OF COLUMBIA HEIGHTS ORDINANCE NO. 1540 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,785,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: It is hereby determined that: (a) The City has proposed to establish the Sullivan Shores Housing Improvement Area (the "HIA") pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"), in order to finance certain housing improvements within the HIA; and (b) In accordance with the Housing Improvement Act, the City has received a petition signed by more than 25% of the owners of housing units within the HIA, and has held a duly noticed public hearing regarding an ordinance establishing the HIA and a resolution imposing a housing improvement fee on housing units in the HIA (the "Fee") in order to finance housing improvements within the HIA; and (c) On March 24, 2008, the City Council adopted the ordinance establishing the HIA and the resolution imposing the Fee on all housing units in the HIA, which ordinance and resolution are effective May 12, 2008 (i.e., 45 days after adoption); and (d) The City expects to enter into a development agreement (the "Agreement} with the Sullivan Shores Townhouses Association, Inc. (the "Association"), regarding construction of the housing improvements; (e) It is necessary and expedient to the sound financial management of the affairs of the City to issue its Taxable .General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") in a principal amount not to exceed $2,785,000, pursuant to the Housing Improvement Act and the City Charter; and (fl The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser vi connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(e), in accordance with terms of proposal approved by the City Manager and Finance Director. The City Council will meet on June 23, 2008 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds, subject to (a} the HIA ordinance and fee resolution becoming effective on May I2, 2008, without the timely filing of objections resulting in a veto under Section 428A.18 of the Housing 119 Improvement Act; and (b) the City and Association each having approved and executed the Agreement. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk March 24, 2008 2008 Mayor Gary L. Peterson 1~0 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 24, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Second reading of Ordinance No. 1536, BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Temporary DATE: March 17, 2008 f, %~ Signage BACKGROUND: On May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. On February 6, 2008, staffpresented a recommendation to the Planning Commission to permanently amend the zoning code. The discussion was tabled to the March 5, 2008 meeting in order for the business owners more time to present information to the Planning Commission. At this time, staff again proposes to permanently amend the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40`h Avenue corridors. Without effective regulation to establish minimum standards to guide the use of temporary signage, 40"' Avenue and particularly Central Avenue will have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage; rather it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1536, being ample copies available to the public. Move to adopt Ordinance No. 1536, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1536. Attachments: Ordinance 1536 (2"d Reading Format), Ordinance 1536 (1'` Readin Format), P+Z Report COUNCIL ACTION 121 ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106(P)(6) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regailations. (6) Prohibited Sigras. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or suppoi°ted on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic conirols. 122 (e} An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (~ A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g} A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage exceeding eight square feet. 123 Is thereby amended to read as follows: (6} Prohibited Signs. Signs that are not specifically pern>itted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marduee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. 124 (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m)Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). Chapter 9, Article I, Section 9.106(P)(7) of the Columbia Heights City Code, which currently reads to wit: (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Any sign not considered permanent shall be considered temporary. (b) Banners or pennants shall not exceed 3 feet by 20 feet in size, and shall be directly attached to the wall of the building. (c) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than 40 inches from the wall upon which it is erected, shall not be placed or project over any wall, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (d) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (e) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. 125 Is thereby amended to read as follows: (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. When two temporary signs are displayed, each sign shall require a permit and each sign will count towards the allotment of temporary signage permitted per business per calendar year. If the business is located within a shopping center, no more than four (4) temporary signs may be displayed throughout the shopping center at any given time. (d} Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1) Permitted in the LB, Limited Business, GB, General Business, and CBill, Central Business lllistrict only. 126 (2) One (1) sandwich board sign is permitted per business. (3} Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (S) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 10, 2008 Second Reading: March 24 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Iviuscovitz, CZvIC City Clerk 127 DRAFT ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS 1N THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regarlations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. 128 (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o} All portable signage excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section ~.iOS (r)(5). 129 (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. When two temporary signs are displayed, each sign shall require a permit and each sign will count towards the allotment of temporary signage permitted per business per calendar year. If the business is located within a shopping center, no more than four (4) temporary signs may be displayed throughout the shopping center at any given time. (-~}(d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. {-13}(f) Temporary bra signs or pennants shall not exceed ~ ~ °*'~~~'~ ~ °* ~r 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (~}(h) No temporary signs shall extend over or into any street, alley, sidewallc or other public thoroughfare ^ a:~*^„^° ^~-°°*°r *'~^^ ^n ~ ^''°° ~^~ *'~° ~ ~^" ,and may not cover more than 2S% of window area such that 7S% of the total window area is kept clear at all times. (~}(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (e-}(j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. 130 (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sign is permitted per business. (3) Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (S) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: 2008 2008 Mayor Gary L. Peterson Attest: Patricia Muscovitz, City Clerk 131 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0203 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, City Planner BACKGROUND On May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. On February 6, 2008, staff presented a recommendation to the Planning Commission to permanently amend the zoning code. The discussion was tabled to the March 5, 2008 meeting in order for the business owners more time to present information to the Planning Commission. At this time, staff again proposes to permanently amend the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40t" Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The zoning code previous to Ordinance 1523 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40th Avenue corridors. The previous code allowed for clutter that was aesthetically unappealing and did not implement the policies outlined in Design Guidelines. Since the establishment of Ordinance 1523, there has been a substantial change in use of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and better implementation of policies that are outlined in the Design Guidelines. Lack of effective regulation regarding temporary signage was found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. Previous to Ordinance 1523, the Sign Code allowed temporary signs to be placed anywhere on the building. The code allowed for signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2). -~~~ ---,.- t .~ __ ,~ _ _ -.._ ~Y r ~ -G~'= ~ N~ '~ ~_ ; ~ ~' , _ . ~~Nn:; N~, ~. °_ ~F~" -~ik~~79~~ ~~ -, ~ ~ ~ ,. - .~. ~- FIGURE 1 FIGURE 2 Appropriate language was be added to the ordinance limiting the placement of a temporary sign to ensure direct and full contact with the wall to which it is affixed. This placement is preferred, as it would promote a better aesthetic appeal. Temporary signs can no longer be strung above bay doors or hung from a canopy. A specific intent of the Design Guidelines is to focus on enhancing the building's architectural features, and regulating the placement of the signage achieved this. For this reason, Ordinance 1523 has been a success. NUMBER. The previous Sign Code allowed any number of temporary signs to be placed on the building at any given time, and restricted each sign to no more than 60 Page 2 133 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 square feet in size. (Figure 3 and Figure 4}. `~~~~+y~i --bi`g', _,-~_ _~..^-e-.. i ~7~..L9._~t';,1iLLi~'.}: '{4'1 _LI:1.^.-t ~z~ r.J;=_-~ ` :i ~. ~~ >t~~_ .-.~.~ FIGURE 3 FIGURE 4 .~~ „.. Allowing any number of temporary signs on a building increased the amount of clutter on the building and decreased its aesthetic value. In relation the businesses along Central and 40th Avenues, it was counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary signs on the building as they pleased. Ordinance 1523 added language to the ordinance restricting the number of temporary signs a business would be able to display at any given time to two. This was more consistent with the Design Guidelines as it allowed a better promotion of the architectural detailing of each building. DURATION. The previous Sign Code not only allowed for any number of temporary signs to be placed on a building, it also allowed for the temporary signs to be in place for an indefinite amount of time. The intent of temporary signs is for promotional purposes, not for permanent advertising. However, with no time duration established for temporary sign display, businesses could legally display temporary signs for any amount of time. (Figure 5 and Figure 6) Page 3 134 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 w f+ _ : F ~ ~~' /i5 SLR^~ .~ Sz-~_^~ 3em ~` '4 ~ "'` ~ r ~a $ .,. =tips-~t e& ~ t - . ~ $.:. . Y„ FIGURE 5 ._-_- _ Y~ .~ ~~ . ,- d ~i~s. -3" - t~ - ~~~ ~ _ ~-.' FIGURE 6 Ordinance 1523 added language to the Sign Code restricting the amount of time a temporary sign could be in place for to 30 days, as well as restricting the total number of temporary signs a business could display in a calendar year to four. This has dramatically reduced the clutter on commercial buildings throughout the City, which in turn has made the buildings more consistent with the Design Guidelines. ''~_. - . . =w. `, x .~ FIGURE 7 ... ~: +~, FIGURE 8 PORTABLE SIGNS. The previous Sign Code allowed for any number of freestanding temporary signs, as long as they did not exceed 8 square feet in size. The Sign Code did not regulate where the signs may be located, the materials the signs could be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). Page 4 135 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 ~Y°~s a- ~ - ,~ ~, ~ -{; _ L. .zl, .` tip. .k "a' w. 3~h. Ei11 .-: ~Vt "~~ ~ 1 _ a2 4k -~ ~~~~ tia ~ ~ ~ FIGURE 9 `~ yam. , ~r ~;~ r ~ ~` 1 s, r- .k .r M*~r.-~, _- ., 'Y FIGURE 10 Ordinance 1523 added language to the Sign Code limiting the number of freestanding portable signs to one per business, as well as the placement of such signs on the property to no closer than five feet from the front property line. Doing so has dramatically reduced clutter associated with the placement of numerous signs along Central Avenue and has increased the aesthetic value of Columbia Height's commercial corridors. Ordinance 1523 has also defined a sandwich board sign and has eliminated the ability for businesses to utilize stick-in-the-ground signs. Staff feels that eliminating "stick-in- the-ground" signs has been beneficial, as these types of signs tend to get knocked down, pulled out of the ground, or blown over. (Figure 11 and Figure 12) -~ r ~~ ~ ._._ - _.._ ~ ~ ~- ~ 3 , ar. ` '~}b Y y~ 1 -, ~`*$ ~ ~~ ~ ~, _ _ :;may, ~` "'' ~-~ ~-~y°~°~ ~' ``cam - - - ,. ~'y ,~c~' a~ +~z-~ e: ,. FIGURE 11 FIGURE 12 ~~ ~ Y Without effective regulation to establish minimum standards to guide the use of temporary signage, 40`" Avenue and particularly Central Avenue was having a shoddy, cluttered and unkempt appearance. Since the establishment of Ordinance 1523, the appearance of Central Avenue and 40t" Avenue has dramatically increased. The proposed amendments do not take away the ability for a business owner to utilize Page 5 136 ~`` ' } ~ .. ~: ~ ~ . - .~~ k ~ ~twrt^a rl ~ ., City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 temporary signage; rather it mandates a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. The proposed Ordinance is exactly the same as Ordinance 1523, however would be a permanent ordinance with no sunset clause. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards for developers and the City to follow when constructing new buildings or building additions to existing ones. The intent of the Design Guidelines is to establish a basis for implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to carry this intent forward. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. Page 6 137 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 FlNQlNG~ ®F FACT 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 make the current standard for temporary Signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b} The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance Page 7 138 CITY COUNCIL LETTER Meeting of March 24, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~ ,, ~° Abatement ~ ~ DATE: March 18, 2008 DATE: NO: 2008-55 - 2008-57 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-55 - 971 39`" Ave 2008-56 - 4727 Heights Dr 2008-57 - 4641-4643 Taylor St for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-55, 2008-56, and 2008-57 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-55, 2008- 56, and 2008-57 a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 139 RESOLUTION 2008-55 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 Ronald A. Ponzer (Hereinafter "Owner of Record"). Whereas, the owner ofrecord is the legal owner ofthe real property located at 971 39`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice settuig forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner ofrecord on March 5, 2008 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 January 29, 2008 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 March 5, 2008 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on March 14, 2008 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or replace the fence that is failing over around the property B. Shall repair or replace the deteriorated wood on the overhead garage door trim C. Shall replace the missing siding on the rear of the house D. Shall scrape/paint all areas of the peeling paint on the house 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 971 39"' 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. 140 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 971 39`" 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 141 RESOLUTION 2008-56 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 Bradley Ross (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4727 Heights Drive N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 5, 2008 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 January 29, 2008 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 March 5, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on March 14, 2008 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 broken picture window 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4727 Heights Drive 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 relatuzg to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. 142 ORDER OF COUNCIL 1. The property located at 4727 Heights Drive N.E. canstitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 200$ Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 143 RESOLUTION 2008-57 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 Lasalle Bank National Assocciation (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4641-4643 Taylor Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 6, 2008 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 January 28, 2008 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 6, 2008 inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on March 12, 2008 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. 4643 -Shall repair or replace the damaged side storm B. Shall scrape/paint overhead garage doors C. 4643 -Shall replace the broken glass in the front door D. 4643 -Shall replace or repair the damaged front storm door 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4641-4643 Taylor 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. 144 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4641-4643 Taylor 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 145 CITY COUNCIL LETTER Meeting of March 24. 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman -t; ,, BY:~ ,: Revocation , , ~/;," DATE: March 18, 2008 DATE: NO: 08-58 - 08-61 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-58 - 4618 Polk Street 2008-59 - 1000 Peters Place 2008-60 - 3823 Polk St 2008-61 - 5045 Johnson St for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-58, 2008-59, 2008-60, and 2008-61 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-58, 2008-59, 2008-60, and 2008-61 being a 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 licenses listed. COUNCIL ACTION: 146 RESOLUTION 2008-58 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 Craig Young (Hereinafter "License Holder") Whereas, license holder is the legal owner of the real property located at 4618 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2008 of an public hearing to be held on March 25, 2008. 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 January 15, 2008 inspection office staffsent 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 March 6, 2008 inspection office staff reviewed the property file and noted that the property rernauled unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to schedule a rental property inspection. b. Failure to submit relicensing paperwork. 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 F8215 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 shah remove themselves from the premises within n0 days from the first day of posting of this Order revoking the license as held by License Holder. 147 Passed tni~ aay of Zoos Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 148 RESOLUTION 2008-59 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) ofthat certain residential rental license held by Peters Place Place, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place 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 March 5, 2008 of an public hearing to be held on March 25, 2008. 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 January 29, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on March 5, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected from the initial license inspection. 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 March 14, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Shall paint the repaired part of the railing b. Shall remove the multiple tree stumps, below ground level, on the south side of the property 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8435 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. 149 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 150 RESOLUTION 2008-60 Resolution of the City Council far 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 Robert Zschokke (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3823 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 200$ of an public hearing to be held on March 25, 2008. 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 January 15, 2008 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 March 6, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to schedule a rental property inspection. b. Failure to submit relicensing paperwork. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice ofthis 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 F8878 is hereby revoked; The City will post for the purpose ofpreventing occupancy a copy ofthis order on the buildings covered by the license held by License Holder; All tenants shah remove themselves from the premises within 60 days from the first day of posting ofthis Order revoking the license as held by License Holder. 151 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 152 RESOLUTION 2008-61 Resolution of the City Council far the City of Columbia Heights approving revacation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by James J. Dalkaf (Hereinafter '°License Holder"). Whereas, license holder is the legal owner of the real property located at 5045 Johnson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 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 February 28, 2008 of an public hearing to be held on March 25, 2008. 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: FINDINGS OF FACT 1. That on February 11, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 28, 2008 inspection office staffreviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That 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 U5045 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shah remove themselves from the premises within b0 days from the first day of posting of this Order revoking the license as held by License Holder. 153 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 154 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE MARCH 24, 2008 MEETING. REMOVE -MOTION: Move to adapt Resolution Number 2008-60, being a 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 Robert Zschokke regarding rental property at 3823 Polk Street N.E. REMOVE - MOTION: Move to adopt Resolution Number 2008-55 being resolutions of the City Council of the City of Columbia Heights declaring the property at 971 39t" Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206.