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April 14, 2008 Regular
CITY OF COLUMBIA HEIGHTS Maynr Gm'v L. Pezersnu 590 40`" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Counci/merubers bisit our website at: rvwruci.cntrunbia-heialrrs.mn.us Roherz A. 4l'illianzs Bruce Rzawrocki Tanznzera Dlelzna Bruce Kelzenherg Cirv MauaQer YI'nLer R. Felvst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 14, 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 Rev. Bob Lyndes, Crestview Communities 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS A. Second annual Young Artists' Showcase winners sponsored by our local Sister Cities Committee First Place -Janet Cazares; Runners-Up -Gabe Griffith and Ellen Knealing B. Proclamation P~ National Library Week: April 14-19, 2008 C. Proclamation Arbor Day and Month, 2008 p8 D. Introduction Carol Broermann, Secretary II-A Public Works 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 busuiess.) A. Approve the followin~.minutes of the Columbia Heit7hts City Council meetings. MOTION: Move to approve the minutes of the March 24, 2008 City Council meeting. p9 MOTION: Move to approve the minutes of the April 7, 2008 Board of Review p27 MOTION: Move to approve the minutes of the Apri17, 2008 Seal Coat Public Improvement p31 Hearing MOTION: Move to approve the minutes of the Apri17, 2008 University Service Drive Hearing p34 City Council Agenda Monday, April 14, 2008 Page 2 of 6 B. Accept the minutes of the following Columbia Heights Boards and Commissions MOTION: Move to accept the minutes of the March 11, 2008 Library Board meeting. p37 MOTION: Move to accept the minutes of the April 1, 2008 Planning and Zoning Commission p39 meeting. C. Approve Gambling Permit for Irmnaculate Conception Church Fun Fest August 8-10 2008 ps4 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicatilig that the City of Columbia Heights has no objection to a gambling permit for Irmnaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 8 to 10, 2008 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Coiurnbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. D. Adopt Resolution 2008-70, adopting changes in wage ranPes and establishing wages for seasonal and temporary employees for calendar year 2008. p5a MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-70, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2008. E. Adopt Resolution 2008-69, re~ardn~the_Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services Local 311 for calendar years 2008 2009 and 2010. p65 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-69, regarding the Labor Agreement between the City of Columbia. Heights and Law Enforcement Labor Services, Local 311, for calendar years 2008, 2009, and 2010. F. Adopt Resolution 200$-45 re~arc~n~_Penalties for Administrative Offenses as a»thorized by City Code of 2005. p72 MOTION: Move to waive the reading of Resolution 2008-45, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-45 being a Resolution regarding Penalties for Administrative Offenses within the City of Columbia Heights as Authorized by the Columbia Heights City Code of 2005. G. Adopt Resolution No. 2008-63, being a_resoluton authorizins the cleaning and lining of 4.300 lineal feet of water main under the Minneapolis 2008 .program City Project No 0803 p~ 5 MOTION: Move to waive the reading of Resolution 2008-63, there being ample copies available for the public. MOTION: Move to adopt Resolution 2008-63, being a resolution which accepts the Feasibility Report for the 2008 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleanuZg and lining of pipe totaling 4,300 linear feet, under the City of Minneapolis water main cleaning and lining program for 2008. City Council Agenda Monday, April 14, 2008 Page 3 of 6 H. Adopt Resolution 2008-75 being a resolution awarding Street Striping and Resolution 2008-76 award of Seal Coat project. pig MOTION: Move to waive the reading of Resolution No. 2008-75, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-75, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2008 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.48 per gallon with an estimated cost of $1,040.00 to be appropriated from Fund 212-43190-4000 and $320.00 to be appropriated from Fund 1 0 1-43 1 70-4000. MOTION: Move to waive the reading of Resolution No. 2008-76, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-76, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2008 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.25 per gallon of emulsion and $0.73 per square yard of aggregate with an estimated cost of $70,328.41 to be appropriated from Fund 415-50801-5130 and $79,102.00 to be appropriated from Fund 430-46323-5130. Adopt Resolution No. 2008-78 being a resolution ad~tin tg, he City Street Swee~in Policy p84 MOTION: Move to waive the reading of Resolution No. 2008-78, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-78, being a resolution adopting the City Street Sweeping Policy for the City of Columbia Heights. J. Approve capital equipment replacement_of_unit #216 John Deere Model 260 Skid Steer Loader equipped with bucket and pallet fork attachments from the State of Minnesota Purchasing p92 Contract. MOTION: Move to authorize the purchase froii~ the State of Miiitiesota Purchasing Contract one (1) new Cat 247B2 skid steer track loader, equipped with bucket and pallet fork attachments from Ziegler Caterpillar in the amount of $21,335 including trade-in plus sales tax. Funding is provided in equal amounts from the Street and Parks Capital Equipment Replacement Funds 431-43121-5080 and 431-45200-5080. K. Adopt Resolution No. 2008-79, being a resolution adopting the City Sanitary Sewer Mauitenance POj1cy p94 MOTION: Move to waive the reading of Resolution No. 2008-79, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-79, being a resolution adopting the Sanitary Sewer Maintenance Policy for the City of Columbia Heights. L. Adopt Resolution No. 2008-77, being a resolution accepting bids and awarding a contract for citesproject #0800: 2008 Miscellaneous Concrete Repairs and Installations. pso4 MOTION: Move to waive the reading of Resolution No. 2008-77, there being ample copies available to the public. 3 City Council Agenda Monday, April 14, 2008 Page 4 of 6 MOTION: Move to adopt Resolution No 2008-77, beuzg a resolution accepting bids and awarding the 2008 Miscellaneous Concrete Repairs and Installations, Municipal Project #0800 to Ron Kassa Construction, Inc., based upon their low, qualified, responsible total bid in the amount of $37,496.20 with funds to be appropriated from Fund 401-50800-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. M. Approval of the attached list of rental housing license applications ui that they have met the requirements of the Residential Maintenance Code. p1o~ MOTION: Move to approve the items listed for rental housing license applications for April 14, 2008. N. Approve Business License Applications p111 MOTION: Move to approve the items as listed on the business license agenda for April 14, 2008 as presented. O. Approve payment of the bills. p113 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125282 through Check Number 125510 in the amount of $1,495,678.75. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2008.-68,__bein~ a Resolution approving a Minor Subdivision for pzaa property at 4910 Central Avenue MOTION: Move to waive the reading of Resolution 2008-68, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-68, being a Resolution approving a Minor Subdivision of the property located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2008-68. 2. 1st Reading of Ordinance No. 1543, being an Ordinance authorizing conveyance of certain real estate located at 3710 3718 and 3722 Central Avenue pi4s MOTION: Move to waive the reading of Ordinance No. 1543, there being an ample amount of copies available to the public. MOTION: Move to set a Second Reading of Ordinance No. 1543 for approximately 7:00 pm on Monday, April 28, 2008. 3. Adopt Resolution 2008-71, Approving a Contract for Private Redevelopment pi5o MOTION: Move to waive the reading of Resolution 2008-71, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-71, a Resolution approving a contract for private redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority and 37th and Central LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 4 City Council Agenda Monday, April 14, 2008 Page 5 of 6 4. Adopt Resolution 2008-67 being a resolution establishing a Construction Fund for the Public Safety Building: psg9 MOTION: Move to waive the reading of Resolution 2008-67, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-67 being a resolution establishing a construction fund for the public safety building. B. Bid Considerations C. Other Business Consideration of salary increase for the City of Columbia Heights Mayor and Council members MOTION: Move to approve, following the 2008 municipal election, a salary increase for the paos City of Columbia Heights Mayor to $13,800 per year. MOTION: Move to approve, following the 2008 municipal election, a salary increase for the City of Columbia. Heights Council members to $ per year. 7. PUBLIC HEARINGS A. Adopt Ordinance 1541 beuzg and Ordinance providing for the issuance and sale of up to paoa $11,500,000 in General Obligation Public Safety Center Bonds Series 2008B MOTION: Move to waive the reading of Ordinance 1541, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1541, being an ordinance providing for the issuance and sale of up to $11,500,000 in General Obligation Public Safety Center Bonds, Series 2008B. B. First reading of Ordinance 1542 being an Ordinance to amend Chapter 8 Article II of City paoa Code which covers Public Nuisances MOTION: Move to waive the reading of Ordinance No.1542, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1542, for Monday, Apri128, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 8, Article II of City Code. C. Adopt Resolutions _2__008-72, 1308-10 Circle Terrace Blvd. N.E., 2008-73.4224 Jackson Street N.E., and 2008-74, 4618 Polk Street. N.E. being declarations of nuisance and abatement of p213 violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-72, 2008-73, and 2008-74 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-72, 2008-73, and 2008-74 being 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 properties pursuant to City Code section 8.206. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 5 City Council Agenda Monday, April 14, 2008 Page 6 of 6 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their continents to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. AD-~ N~VIENT, ~, , ,~ ;~ ";, ter'' ,°' d' ~ __ ~- ~'" ~` Walter R. Fehst, City Manager WF/pvin 6 f320 ~o~rr3 f;vr:rvr.~E PJ.E.. Cc~l_1-rr~r~rr~ Fit-..tr,t-s~rs, tt~ft~t ~5~? t -2JS3f~ t'~(3:_31 Tr7Ci-3E3t)O; 1~1)C) tfE~:31 1C1C7-3(i~3 ~i~~i'IC~1~1A1~ T1I~3Y2~I~i1' '~'~~I~ E~i~~~~Z, ~~-~~~ ~~~~ ~'I~~~'l~~Ii!1~'TIC)I~ Board of Trustees Barbara R~iiller Chair Patricia So:vada Vice-Chair Catherine Vesley Secretary Nancy Hoium Lynette Thomson Memher at large Bruce Kelzenberg Council Liaison t49. Rebecca Loader Libr~3ry Director ~~'I~EI2EAS: 'I~he r~merican LibrarJ' Association has set aside the 1~-eek of April 14-I ~), 2008 to recognize library ser~~~ice its Columbia I-leights. Mintzesota, and thrcxtghout the country; and t~~1=ICRI1.yS: "1'he Columbia Heights Public Librar}< was orgat~izcd throu~~h the efforts of Mrs. Harriet Blythe and the Silver Lake School Mother's Club and opened its doors for the fi~•st tit11~ on December 3. 19~~: and ~!'IYI±-REr~S: Tl~ie Columbia Iieir~hts Public Library is celebrating its 80'1' Atu~iversary of providing library set~~ice to the citizens oi~ Columbia I-Ieights: and LVI-II?I7CA:~: "I'he librar~~"s mission is to provide fi•ce access to informational and recreational materials for patrons in a barrier-fre:e cnvironmetlt; tlncl vVI-IPRC~~s: The Colutl~bia Heights Public Library achieves this goal by providitlg reference assistance, interlibrary loan, "at home'' service, programnung i:ar children and adults.. public access to the Internet, Vdeb access to the catalog and clectrotiic databases: and by maintaining an eltensive collection of over 71,000 books, I~eriodicals. and assorted media items; anti NOti~i, TIILIZI/I~ORE, B>/ IT RI~5C~LVEI~, that I, Gary I-,. Peterson. Ma~•~or of the City of Columhia I-Ieights, do hereby proclaim, April 14-I4, 2008, as NATIONAL LIBRARY ~,~>/>/It in the City oi`Columhia I-leights, Minnesota, dui•ing~ the library's 80t1i anniversary year. Mayor Gary I_,. Peterson Cit~~~ ofC'olumbia [-Ici~~hts. Minnesota ,, ,, _ >, . ,. ARBOR DAY -ARBOR MONTH PROCLAMATION WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: this holiday, called Arbor Day, was frst observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: trees can reduce the erasion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: trees, wherever they are planted, are a source of job and spiritual renewal. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby proclaim Apri125, 2008, to be ARBOR DAY AND THE MONTH OF MAY 2008 TO BE ARBOR MONTH IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA FURTHER: I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. DATED: This 14th day of April, 2008. Mayor Gary L. Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 24, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 24, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Approved Resoh~tions a~Td Ordinances may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Jeremiah Rice, Associate Pastor Youth and Young Adults -Oak Hiil Baptist Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson indicated the following: • Remove tabled Resolution 2008-47 for 600 51St Avenue in that the property has been brought into compliance. • Remove Resolution 2008-60 for 3823 Polk Street NE in that the property has been brought into compliance. • Remove Resolution 2008-55 for 971 39th Avenue NE in that the property has been brought into compliance. • Address the Sullivan Shores Public Hearing items immediately following the Consent Agenda. • Dorothy Penate, Sister Cities' member, is here to speak on their upcoming fund raiser. Councilmember Nawrocki requested to add: salary adjustments discussed at the last meeting, the pedestrian bridge at 49th and Central, and Channel 16. Peterson indicated that the salary adjustments were addressed at the last meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Peterson introduced Konrad Zeller, exchange student from Stuttgart, Germany, that is staying with the Tami Diehm family. Peterson presented Konrad a certificate of welcome. Konrad stated that "it is nice here and the school is cool." Councilmembers asked Konrad questions about his visit and his country, which he answered. Peterson read a news release on the upcoming Sister Cities Young Artist's contest to be held at Murzyn Hall on April 7th, with the theme of "Reflections of your community". Dorothy Penate, Sister City Committee, and the Chair of this Fundraiser, indicated that last year $5,900 was raised for our Sister City, Lomianki Poland, children's hospital. The event will be held on Apri120, from 4:00 to 7:00 p.m. at Murzyn Hall. Penate gave the background of our Sister City relationship with Lomianki, Poland. The event will be sponsored by Jeff's Bobby and Steve's Auto World. Penate requested donated items for the silent auction. She also complimented Councilmembers on moving forward to build a gym and public safety building. City Council Minutes Monday, March 24, 2008 Page2of18 CONSENT AGENDA Fehst took Councilmembers through the consent agenda. A. Approve minutes of the March 10, 2008 Columbia Heights City Council meeting. -Removed B. Approve the minutes of the March 14 Special City Council meeting_ Motion 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 at 7:00 p.m. Fehst listed the items for discussion: 2008 Water main cleaning and lining; review Watershed Management Joint Powers Agreement; public safety facility; and the Mayor's compensation, which has not changed 11120 years. Motion to establish a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p.m. in Conference Room 1. D. Approval of the attached list of rental housing, license applications, in that thev have met the requirements of the Residential. Maintenance Code. Motion to approve the items listed for rental housing license applications for March 24, 2008. E. Approve Business License Applications Nawrocki questioned if the wine and beer license dollar amount was correct at $60. Fehst indicated that amount is an error. Diehm questioned the number of beer and wine licenses currently issued. Diehm requested to remove the Rama Enterprises restaurant beer and wine request. Motion to approve items as listed on the business license agenda for March 24, 2008, with the exception of the Rama Enterprises request. F. 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 125104 through Check. Number 125281 in the amount of $1,148,934.74. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of item A -March 10 meeting minutes and the beer and wine license far Rama Enterprises. Upon vote: All ayes. Motion carried. A. Approve minutes of the March 10, 2008 Columbia Hei hg is City Council meeting,. Nawrocki stated that he had requested to have the wage related items be held for discussion at this meeting. He indicated that the City Manager stated the recommendations were within the parameters set by the Council. There was only discussion at a work session. He stated that when others attended the NLC Conference, the meeting was cancelled; he did not request the meeting be cancelled, but have the one item pulled so he could participate in the discussion. Present salary information was not presented, comparable information relative to salaries of similar positions in other cities of our size were not given, information on adjustments in comparable cities was not given, there was not clarification as to which City Clerk position was being adjusted, and there was no performance review of the City Manager, He indicated the action was premature. 10 City Council Minutes Monday, March 24, 2008 Page 3 of 18 Diehm stated the parameters discussed were from an executive session, which is different from a work session. Motion by Diehm, second by Williams, to approve the minutes of the March 10, 2008 Columbia Heights City Council meeting. Upon vote: All ayes. Motion carried. A. 2nd Reading: Ordinance 1539, Establishing Sullivan Shores Housing Improvement Area Scott Clark, Community Development Director, referred to the establishment of a housing improvement area, and taxable general obligation bonds (GO) to do rehabilitation work of $2,785,000. This is continuation of that process. The second reading of the ordinance sets up the statutory authority for the City to do a fee resolution to call for the special assessment on the property. Establishment of the fee resolution sets a maximum at $42,285 per housing unit. The third action would be the issuance and sale of the bonds. Clark indicated the process has strict guideliies, which allows residents to question the process. A summary resolution explaining the process will be sent to all homeowners tomorrow. There will be a 45 day grace period. If 35 percent of the homeowners petition the City, the action would be vetoed. Following this would be a 30 day period that individual families can elect to pre-pay the assessment or a partial payment if it is 25 percent of the minimum. There would then be a development agreement brought before the City Council. There would be an estimated bond sale date of June 23`d, with the work beginning on June 24th. Payment to them would be approximately mid-July. The $2,785,000 is a "not to exceed" number. Clark indicated that Steve Bubul of Kennedy and Graven and Mark Ruff of Ehlers and Associates were present to answer any questions. Nawrocki ask the percent of the residents that signed in support of this project. Scott indicated that 91 percent signed the petition. Nawrocki asked if there could be a petition to halt this process. Clark stated that if 35 percent of the housing units petitioned the city within the next 45 day period it would veto the action. Nawrocki questioned the time length of the bond and interest. Clark stated this is a 15 year bond. Nawrocki referred to construction costs and capital interest. Clark stated that the $43,000 amount is the beginning amount to be assessed. Whatever the interest rate is, it will be paid over the life of the bond. Nawrocki stated that unless the homeowner pays this up front they will pay more than $42,000. Clark agreed that they will pay the assessment amount plus interest. Nawrocki stated that this could be $60,000 if not paid until the end of the 15 years. Clark indicated that the Association has met with their members and communicated these items. After tonight they will receive a summary of the actions taken. Dwayne Rosenberg, Vice-Chair of the Sullivan Shores Association, 638 Sullivan Lane, stated that there have been meetings held, and unit owners realize there is work that needs to be done to get at the underlying problems. It is understood that when you take a loan, you pay the interest. This General Obligation bond would give owners a good option to pay for improvements. Williams thanked the association members for the professional way this has been handled, and stated his wish that others in the community would come together to preserve their homes. Peterson agreed, and after seeing the pictures of the water intrusion indicated his understanding that this needs to be done. The City is happy to work with the owners to solve the problems. Sullivan Shores is a beautiful place. Deb Johnson, 4626 Pierce Street, stated her memory of the area as a swamp and questioned if 7i City Council Minutes Monday, March 24, 2008 Page 4 of 18 that was the problem. Peterson stated the problems are from faulty construction. Johnson asked why this is the City's business, even though there is no risk to the city. Peterson stated that this would allow all the units to be fixed up at one tithe, rather than on an Individual basis. Johnson stated that banks should address allowing groups to do this. Fehst gave the history of a similar situation in Hopkins. We may have similar requests, so we are concerned that this is handled properly. Johnson asked if this would show as a liability to the city. Fehst stated that it is not against our full faith in credit limit of three percent. Nawrocki indicated that the City will receive $75,000 for administrative costs. We do give money to the Greater Metropolitan Housing Corp. for community improvements. He reiterated his concerns about this building before the project began and indicated his sorrow that this has come to pass. Fehst stated that re-roofing of the units may have been partially the cause. Peterson indicated the window design used for everyone in that time period was changed, and we can not accuse any one builder. We have to rectify the problems. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1539, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Ordinance No. 1539, an Ordinance Establishing Sullivan Shores Housing Improvement Area. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2008-62, Housing Improvement Fee for Sullivan Shores Housing Improvement Area. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2008-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2008-62, being a Resolution approving a Housing Improvement Fee for Sullivan Shores Housing Improvement Area. Upon vote: All ayes. Motion carried. C. _1_st_Readin~ Ordinance No. 1540, Issuance and Sale of Taxable G.O. Housing Improvement Area Bonds Series 2008A Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1540, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set a Public Hearing for the second reading of Ordinance No. 1540 for approximately 7:00 pm on April 28, 2008. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance 1541, Issuance and Sale ofNon-taxable G.O. Public Safety Center Bonds, Series 2008B Fehst stated that Mark Ruff of Ehlers and Associates, our financial consultant and Steve Bubul of Kennedy and Graven were present to answer questions on the borrowing of funds for the project on 41St and Jackson, the old NEI site. Also requested is the award of design plans for the public safety building to Buetow and Associates and construction manager to EDA and Associates. Fehst referred to project testimonials of work they both have completed. 12 City Council Minutes Monday, March 24, 2008 Page 5 of 18 Mark Ruff stated that there is a provision. in the City's Charter which allows for a reverse referendum process. That ability to bring forth a petition would be over on May 17, 2008. It also states that the bonds must be sold within 60 days of the termination of that period, leaving a narrow window to plan a project. An option to consider is to sell the bonds ui July, with the understanding that if the bids come in and the bonds are not enough to pay for the facility we would have to have cash or go through another process later on to sell additional bonds. By July there will be a better understanding of what the costs would be. He stated that Bubul and staff has structured the ordinance so there is flexibility on the use of bond proceeds for the facility and site improvements. The second option would be to sell a bond for a lesser amount, knowing you would go through the process again for a smaller amount in 2009, allowing for change orders. The City's Charter is very specific and unusual for date of bond sale limitations. Fehst questioned if there is no statutory authority that would preempt that, as sometimes the Charter is out of date. Bubul indicated it is an unusual feature of the Charter to approve bands by ordinance. Most charters only require a resolution. It might be worth reconsidering. Nawrocki stated that he would oppose making the Charter less restrictive, as it is too easy for the city to accrue debt now. He questioned why the amount is now $11,500, as it previously was $10,500. It was indicated there could be $600,000 to $700,000 in savings on the architectural fees. Fehst indicated that the site was purchased for $600,000 and there is a question about replenishing the economic development money spent on the site. This would only be $400,000 over the architect's estimate. It would be up to the City Council if they wish to replenish the community development fund. Nawrocki stated that we have already paid this architect a lot of money for this project. The down turn in construction should allow savings. We should also look at fiscal agent proposals. Our last change represented a savings. Nawrocki questioned "bank qualification". Bubul indicated that this is where a city can sell bonds that banks are eligible to buy, but no more than $10 million in a year. The only way to avoid that would be to split the project over two years. Nawrocki stated the bond would be for 27 years and the interest more than doubles the project. Fehst stated that the new facility should last 75 years. Nawrocki referred to the newspaper article indicating the cost would be $45 a month, which was incorrect and should have read $45 a year. Fehst stated that the larger bond amount would result in an additional $10 a year on a $194,000 home. Williams commended the Mayor and City Manager on the excellent job they did negotiating these contracts. Nawrocki stated dissatisfaction that the design architect did not give information on comparable facilities and only exterior drawings were received. Fehst again indicated that Buetow and Associates have completed over 140 plans, specs and buildings, primarily police and fire facilities. The initial contract was for site plans. Nawrocki stated concern about getting the information out to the public. Peterson indicated that public meetings are part of the proposal. Bill Roddy, Interim Police Chief, indicated that the architect and construction manager have solicited input from both departments, are receptive to comments, and want to ensure the building has the ability to absorb the needs of the future. Everyone is concerned about cost. We, as employees, are looking for a facility that will be usable now and into the future. The impact on taxpayers has been everyone's concern. Peterson stated that Roddy is not only a 30 year employee, but has lived here his whole life and is a taxpayer. Tim Utz, 556 40th Avenue NE, commented on the liquor store change orders and delayed completion time, and his pleasure that a construction manager will be used. Be sure to take the time necessary to have complete plans before the project is bid. Don't cut corners on the project, 13 City Council Minutes Monday, March 24, 2008 Page 6 of 18 spend the right amount of money, no matter what it is. Do it right the first time. Allow the new police chief input in the process. Utz thanked the City Council for building nice facilities. The new liquor stores spruced up the town. Do it right the first time. Diehm stated that cost consideration has always been at the forefront. One of the fn•st areas considered was Heritage Heights, but the cost was prol>ibitive. It is important to note that cost has been a serious consideration all through this process. We want to be a good steward of the citizen's tax money. Motion by Diehm, second by Williams, to waive the reading of Ordinance 1541 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, 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 i~t General Obligation Public Safety Center Bonds, Series 2008B. Upon vote: All ayes. Motion carried. Nawrocki indicated that at the National League of Cities conference he met with members of Congress regarding possible Federal funding sources for this project. Energy conservation legislation was also discussed. Congress members Ellison, Coleman, and Klobuchar may tour our facility. B. Bid Considerations -none C. Other Business Authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety Facility. Fehst stated this is a proposal to award the contract to EDS. There where three proposals taken from EDA, Krause-Anderson, and Bossardt. The offer from EDS was a substantial savings at $286,960. Fehst listed staff members present at the presentations. Fehst gave the background of Doc Smith of EDS, which included his work with Adolph-Peterson. EDS project booklets were dtstr~buted for review. Fehst Stated that Smith Sias five independent engineers and the Adolph Peterson Company to back him, if needed. Nawrocki asked if the contract is limited to twelve months. Fehst stated that it is not limited, but if the project is completed in ten months there would be a savings to us. Doc Smith described the timeline: development about five months, bid period -one month, breaking ground by October 1, 12 months of construction, and one month for finalization. Williams questioned breaking ground right before winter. Smith stated that it was important, and less costly, to place footings before winter. Snuth indicated that in the meetings with staff, they were conscientious of price, to be economical, yet well built. Peterson iidicated that many questions were addressed by Mr. Smith, and he stated his satisfaction. It would have been best to have a construction manager with other projects. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety 14 City Council. Minutes Monday, March 24, 2008 Page 7 of 18 Facility. Upon vote: All ayes. Motion carried. Authorize the Mayor and Cit~~er to enter into a contract for Architectural services for the proposed Public Safety Facility Motion by Kelzenberg, second by Diehm, 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. Upon vote: All ayes. Motion carried. Nawrocki requested that the $11,500,000 bond amount be reviewed again. Peterson stated that process would now begin. We will be proud of tllis project. 7. PUBLIC HEARINGS A, B, C -addressed eas°lier in the T~~eetira~. D. Second reading of Ordinance No. 1 S36 Zoning Amendment as it Relates to Temporary Sig~ia~e Clark indicated that the prior ordinance was on a sunset clause. This will memorialize that ordinance. Nawrocki questioned if there any changes and what the definition of temporary is. Clark referred to the clarification of four temporary signs per year and that two banners do count as two temporary signs. A temporary sign can be displayed up to 30 days, not including sandwich boards. Peterson indicated one board is allowed per business and must be taken iii each evening. Nawrocki asked that the signs at Auto Worid be reviewed. Nawrocki questioned reality signs. Jim Hoeft, City Attorney, indicated 9.103 lists the definition. Sandwich board placement was discussed. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1536, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, 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. Upon vote: All ayes. Motion carried. E. Adopt Resolutions 2008gSS 971 39th Avenue lZT E 2008-56 4727 Heights Drive r1 E and 2008-57, 4641-4643 Taylor Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Hei lg its. Resolution 2008-SS -Removed Gary Gorman, Fire Chief, stated that 4727 Heights Drive has a broken picture window, and the property is vacant and for sale. This was rental property. The broken glass is on the inside of the window, so abatement may be more difficult. Gorman stated that 4641-4643 Taylor is for abatement for violations on the structures. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-56, and 2008-57 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 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. Upon vote: All ayes. Motion carried. 15 City Council Minutes Monday, March 24, 2008 Page 8 of 18 F. Adopt Resolutions 2008-58, 4618 Polk Street N.E., 2008-59 1000 Peters Place N.E. 2008-60 3823 Polk Street N.E., and 2008-61, 5045 Johnson Street N.E. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolution 2008-60 -Removed. Gorman stated the license revocation for 4618 Polk Street is for failure to submit paper work and schedule an inspection. Gorman stated that the license has already been revoked 1000 Peters Place. The windows have been replaced, but these are items are a$er that fact. A policy change this year requires a complete inspection of the building before reinstatement of the license. Hoeft stated this request is during the transition period of the policy, so it would be best to revoke the license again. Gorman stated that 5045 Johnson had gone through foreclosure and was redeemed. Residents were not the owner and were requested to obtain a rental license. We were then told that the owner also lived on site. Currently, they say they have a contract for deed on the property, which is not registered with the county. They were informed to record the contract for deed or obtain a rental license. Nawrocki stated that 1000 Peters Place has a deteriorating fence on the side of the property. Motion by Kelzenberg, Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-58, 2008-59, and 2008-61 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2008-58, 2008-59, 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. Upon vote: All ayes. Motion carried. Miscellaneous Additions Channel 16 Nawrocki indicated that the local cable channel was "stuck" over the weekend and he was unable to watch or find out when the Council meeting would play. Notices of work sessions should be placed on cable and on the ulternet. Diehm indicated that we could stream the council meeting on the Internet. Fehst stated that there have been technical difficulties and it is essential that we update our equipment. With the reduced staff position and aging equipment, there have been difficulties. Nawrocki indicated that originally meetings were to be posted in ten different locations. Peterson stated that if we are falling short of expectations to place city business on our cable chamiel, maybe we need to pay more or allow more hours to be worked. He suggested using cable fund money to improve our cable system. Peterson directed staff to work on this. If we need to hire a professional, we should do so. Pedestrian bridge - 49`" and Central Nawrocki referred to the authorization at the last Council meeting to seeking another grant to pay for the pedestrian bridge cost. This bridge belongs to MNDot, not to us. It should be up to 16 City Council Minutes Monday, March 24, 2008 Page 9 of 18 MNDot to take care of it. Grants are fine, but where would the rest of the money come from. Half of the bridge is in Hilltop, and there has been no conversation with them. Will they participate in 50 percent of the cost? Nawrocki referred to handicap usage and issues at other intersections. Hoeft indicated that ADA is not defined by the number of times we see people go across the bridge. Nawrocki stated that it was not cleared of snow. Nawrocki questioned if the pedestrian bridge across University Avenue is also to be replaced. Fehst agreed, that to meet handicap needs it also should be replaced. Fehst stated that this discussion began with the MN Design Team. We have spoken to Hilltop representatives and they would contribute to the replacement. Nawrocki stated that with the current needs of the community, this is not a high priority. Fehst stated that we have requested all possible funding. If you don't ask, you don't get. Nawrocki referred to funds received for a parking ramp, and questioned where remaining funds would come from. Fehst stated that sometimes you need three to four, and for bigger projects up to seven or eight, sources for funds. Peterson stated that if we want to make improvements to the pedestrian bridge, we would have to meet current standards. Hilltop would contribute, but could not contribute 50 percent. We need to consider the safety of our citizens, and be realistic. Nawrocki requested to see the structural report from the highway department. Nawrocki stated that if the concern is that someone in a wheelchair can not get across, he agreed, they can not. We say that they can not use the intersection there as pedestrians are not allowed; maybe we need to get the same authority to have that kind of person use the intersection just like they have to use it at any other intersection along Central Avenue. Nawrocki gave the history of the pedestrian bridge. ADMINISTRATIVE REPORTS Report of the City Manager Fehst commended the City Council for moving forward on the Public Safety Building. Nawrocki • Email request - 1836 39`" Avenue -junk cars in the driveway. • Property between 47`h and 49`'' on Central -the sidewalk did not get shoveled and there is a big hole that needs screening. • 4055 University -there is a TV on the curb. Fehst stated that is in the abatement process. • 4612 Polk -there is a TV in the alley. • 4600 Polk -there is a water heater adjacent to the alley. • Behind the liquor store on 50`h -there is a truck and car with expired license plates. Report of the City Attonley -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce, requested an update on the Comforts of Home project. Nothing is happening at the site. Fehst indicated this was probably in response to the slow down in the economy. They are lookuig for additional partners. Johnson stated that is prime property and she would have rather seen something else there. Tim Utz, 456 40"' Avenue, stated that he has become involved in politics during the last few months, and now appreciates the City Council. He has learned how slowly things happen and feels that the City Council is doing an even better job than he thought before. COUNCIL CORNER Ciry Council Minutes Monday, March 24, 2008 Page 10 of 18 Kelzenberg • Read an article from the Focus on t11e Columbia. Heights Chess team and their accomplishments. His son is a member of the team. Williams • Appreciates the work the Mayor does for our city and the time he spent doing so. • Referred to the three incredible police chief candidates and the difficult decision the Mayor had to make a choice. • Spring is here -new season -new life -appreciate spring. • Drive carefully; be aware of children that are out and about. Diehm • Thanked the Mayor for the process of hiring the police chief, as he went out of his way to involve the City Council and staff. • We realize that not a day goes by that our officers aren't in our City doing important work. Proud of the City Council for moving forward to build a public safety center. • Values First for March: Value -integrity, Defmition -honesty and sincerity. Nawrocki • Requested minutes of the executive session to see the parameters referred to. There was no vote taken. Diehm stated that decision was made at the last meeting and is irrelevant. • Referred to the delinquent tax list from Anoka County -there are more tax delinquent properties in Columbia Heights than ever before • Referred to his tax increase of 12 + percent on city services. Not saying the public safety building is not needed, but it would add another five percent for 27 years. We need to give more consideration to the dollars spent, though we do need services. • He will have tickets available for the Sister City fundraiser. • Commended the Mayor for the process of hiring a new police chief, by including the Council in the interview. You can never please everyone, but he did pick a good person. The process was commendable. • If the Manager requested more involvement from the rest of the Council - he would participate. Peterson • Exciting time in Columbia Heights with all of the new construction. • The new gym will be fantastic, as would a new public safety facility. • Don't forget our service men and women. We have now lost 4,000 soldiers. • Interested i1 holding a spring clean up. • Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:46 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary is City Council Minutes Monday, March 24, 2008 Page 11 of 18 ORDINANCE NO. 1539 CITY OF COLUMBIA HEIGHTS AN ORDINANCE ESTABLISHING SULLIVAN SHORES HOUSING IMPROVEMENT AREA BE IT ORDAINED by the Council of the City of Colwnbia Heights as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City") is authorized wider 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 constnucted 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 Impravement 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 hnprovement 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.O1. The Council finds that, in accordance with Section 428A.12 of the Housing hnprovement Act, owners of at least 25 percent of the housing units within the Sullivan Shores Housing hnprovement Area have filed a petition with the City Clerk 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 of property within the Sullivan Shores Housing hnprovement were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Sullivan Shores Housing hnprovement Area, the Housing hnprovements (as hereinafter defined) could not be made by the townhouse association for, or the housing unit owners in, the Sullivan Shores Townhouses. 2.04. The Council further finds that designation of the Sullivan Shores Housing hnprovement Area is needed to maintain and preserve the housing units within such area. Section 3. Housing hnprovement Area Defined. 3.01. The Sullivan Shores Housing hnprovement Area is hereby defined as the area of the City legally described as follows: lots 1-65, Black 1, Sullivan Shores, Anoka County, M'N 3.02. The Sullivan Shores Housing hnprovement Area contains 65 housing units as of the date of adoption of this ordinance, along with common area. Section 4. Housing hnprovements Defined. 4.01. For the purposes of this ordinance and the Sullivan Shores Housing Improvement Area, the term "Housing hnprovements" shall mean the following improvements to housing units, garages, and coimnon areas within the Sullivan Shores Housing hnprovement Area: • Remove all exterior cladding (including siding, soffits, fascia and trun 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 hnprovement Area; and 19 City Council Minutes Monday, March 24, 2008 Page 12 of 18 (c) costs of issuance of bonds to finance Housing Improvements under the Housing Improvement Act, subject to the teens of Section 5.04 hereof. Section 5. Housin~provement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under the Housing hnprovement Act, impose a fee on the housing units within the Sullivan Shores Housing Improvement. Area, at a rate, teen or amount sufficient to produce revenues required to provide the Housing hnprovements (hereinafter referred to as the "Housing hnprovement Fee"), subject to the teens and conditions set forth in this Section. 5.02. Any Housing hnprovement 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 munber 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 heater 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 hnprovement 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 hnprovement 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. 5.06. The Housing Improvement Fee shall be collected at the same time and in the same ma~mer as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing hnprovement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Housing hnprovement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing hnprovement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval. of such fee; provided, however, that the Housing hnprovement 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 lnprovements has been entered into or the work has been ordered, and the 30-day period for prepayment of the Housing hnprovement Fee has expired as described in Section 5.04 hereof, the Council may issue bonds in the prineipai amount necessary to finance the cost of the Housing hnprovements 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, 2008 and each August 15 thereafter until there are no longer any outstanding bonds (including refunding bonds) issued under the Housing hnprovement Act in connection with the Sullivan Shores Housing hnprovement Area, 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) shall 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. Section 8. Notice of Right to File Obiections. 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 lnprovement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units wifl~in the Sullivan Shores Housing lnprovement Area file an objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. 20 City Council Minutes Monday, March 24, 2008 Page 13 of 18 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. RESOLUTION N0.2008-62 CITY OF COLUMBIA HEIGHTS APPROVING A HOUSING IMPROVEMENT FEE FOR SULLNAN SHORES HOUSING 1NIPROVEMENT 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 hnprovement Area") in order to facilitate certain improvements to property known as the "Sullivan Shores Townhouses," all in accordance with the Housing hnprovement Act. 1.03. In accordance with Section 428A.12 of the Housing Improvement Act, ovv~iers of at least 25 percent of the housing wins 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 hnprovement Act, regarding adoption of this resolution at which all persons, including owners of property within the Housing hnprovement 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 hnprovement Act. 1..06. For the purposes of this Resolution, the teens "Housing hnprovement Area" and "Housing Improvements" have the meanings provided in the Enabling Ordinance. Section 2. Housing hnprovement Fee lnposed. 2.01. The City hereby lnposes a fee on each housing unit within the Housing hnprovement Area (the "Housing hnprovement 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 hnprovement Fee divided by the nwmber of housing units in Housing hnprovement Area as of the date of this Resolution. 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 hnprovement 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 hnprovement 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 hnprovement 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 lnprovement Area in 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 lnprovement Act; plus (b) 55,000 annually to compensate the City for administrative costs of the Housing lnprovement 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 lnprovement Fee has not been prepaid, which schedule shall be attached as Exhibit B to this Resolution in the City's official records. 21 City Council Minutes Monday, March 24, 2008 Page 14 of 18 2.04. The Housing hnprovement 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 in Exhibit A hereto; provided, however, that the Housing hnprovement Fee may be reduced at any time before issuance of the Bonds, which reduction shall be applied pro rata to each housing unit's Housing hnprovement Fee on the basis described in Section 2.01 hereof; and further provided that if any housing unit owners have prepaid the Housing hnprovement 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 hnprovement 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 hnprovement Fee has not been prepaid. Section 3. Notice of Right to File Objections. 3.01. Within five days after the adoption of this Resolution, the City Clerk-Treasurer is authorized and directed to mail to the owner of each housing unit in the Housing hnprovement Area a surmnary of this Resolution.; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Housing hnprovement Area file an objection with the City Clerk-Treasurer before the effective date of this 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 hnprovement Fee. 5.01. Within 30 days a$er 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. 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, SANDYI'ICH 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, is amended to read: (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 Plamiing 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. 22 City Council Minutes Monday, March 24, 2008 Page 4 5 of 18 (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature sigms 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, 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 9.1.06 (P)(5). Chapter 9, Article I, Section 9.106(P)(7) of the Columbia Heights City Code, is amended to read: (7) Ternpora~y Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception. of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign. permits may be issued per business per calendar year. (c) No more than two (2) temporary signs 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 cow~t 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, anal 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 aver 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 tones. (i) No temporary sign shah be erected so as to prevent free ingress to or egress from any door, window or ore escape, nor shall such sign be attached to any standpipe or fire escape. (j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sig~l is permitted per business. (3) Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs 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. RESOLUTION 2008-56 23 City Council Minutes Monday, March 24, 2068 Page 16 of 18 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 awned 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, p~~rsuant to Columbia Heights Code, Chapter $, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained. herein was sent via regular mail to the owner of record on 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: 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 anal 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 4727 Heights Drive 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. 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 1.2, 2008 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: 4643 -Shall repair or replace the damaged side storm, shall scrape/paint overhead garage doors, 4643 -Shall replace the broken glass in the front door, 4643 -Shall. replace or repair the damaged front storm door. 24 Ciry Council Minutes Monday, March 24, 2008 Page 17 of 18 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. 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 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. 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 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: Failure to schedule a rental property inspection, failure to submit re- licensing 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 L 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 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. RESOLUTION 2008-59 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A) of that 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 rivo 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. 25 City Council Minutes Monday, March 24, 2008 Page 18 of 18 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: Shall paint the repaired part of the railing, 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 anal SA303(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. 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. RESOLUTION 2008-61 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by 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 of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on February 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 staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application., 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 5A.306 and SA.303(A). ORDER OF COUNCIL 1. 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 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. 26 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL BOARD OF REVIEW APRIL 7, 2008 The following are the minutes for the BOARD OF REVIEW for the City of Columbia Heights City Council held at 6:00 p.m, on Monday, April 7, 2008 ul the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehn~, Councilmember Kelzenberg, Councilmember Williams (arrived 6:55 p.m.) STATEMENT OF PURPOSE OF THE BOARD OF REVIEW Mayor Peterson indicated this meeting was to review property valuations as of January 2, 2008 for taxes payable 2009, and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. INTRODUCTION The City Manager introduced Anoka County Appraisers: • Rouleau Rouleau -Senior and Commercial Appraiser • Mike Brown, Residential Appraiser QUESTIONS AND ANSWERS REGARDING PROPERTY VALUES Brown indicated this is the 2007 assessment hearing and refered to the blue sheet mailed to taxpayers for taxes payable January 2, 2008. The sale period considered for the 2008 assessment was October 1, 2006, through September 30, 2007. There are 7,599 parcels in the city, with each file reviewed yearly and an onsite review completed every five years. Brown indicated the area reviewed. this past year. Any change to property values are made by the County Board of Equalization. An owner must appear at the local board of Review before they can appeal to the County Board. There were 7,987 sales county-wide. A resident questioned what a~i "ariris length sale" was. Brown stated that is when both buyers are not active in the sale, such as a short sale, bank sale, or foreclosure. The ratio of the 194 sales last year were assessed at 94.6 percent. The ratio on a $100,000 sale would have a taxable amount of between $90,000 to $95,000. Nawrocki questioned media ratio and mean average. Rouleau explained the difference. Brown indicated that Sherriff's sales are not included. A resident asked if they disagreed with the taxable value versus the saleable amount if the County Assessor would review their home. Brown encouraged residents to make that request if dissatisfied. Peterson indicated that the Assessor would set an appointment with them tonight or give them a phone number to call. Brown stated that residents must have attended and signed in at this meeting to address the County Board of Review. Paul Biernat, 5130 Rainer Pass: • Has had an assessor out twice. • If you are going to tax at market rate, you should include foreclosures. Requested the entire process be re-evaluated. Rouleau indicated that foreclosu~~e rates will eventually 27 affect the values. We are historians and work with last years rates with dates set by the Legislature. We str.rdy the trends. Each home is evaluated and the value is brought to 95 percent. Mr. Biernat's home has been decreased by $9, 000. Rorrleau listed the taxable amounts for the last four years. William Marshall, 1600 Ii~~sbruck Parkway: • He is a retired research mathematician. • Gave a history of the County collecting property taxes. • Referred to 1605 Innsbruck Parkway. It sold 10 days ago for $248,000. The 2008 market value was $316,200. Requested an on site visit. • Referred to a neighbor's home. Nawrocki referred to the decrease of pr~oper-ty values in the Innsbruck area. Roarleau stated that trends are determined from the counta~, city, and neighborhood. Bradley Peterson, 214 44th Avenue: • Requested a re-evaluation of his property taxes for 2009 as the 2008 value was over- inflated. Diehm asked if the reductions in 2009 are determined by percentage. Rouleau again indicated how the adjustments are determined. Brown stated that there are ten neighborhoods in Columbia Heights. Mohammed Negash, 3852 Keyes: • Purchased a townhouse last year. The appraisal was $220,000 and he paid $210,000, but the tax statement has a value of $260,000. Diehm explained that the value was for the previous year. Brown indicated there were 19 sates of town homes. Councilmember Williams arrived. • Did not receive the property value information until now. Brown indicated that all the town home sales are considered. Dwayne Buddy, 4935 Johnson Street: • Their property value went up $17,000. Referred to the home next to him to prove his assessment is too high. • Referred to a Central Lofts two bedroom home at $265,000 where the sale price has been reduced to $175,000. $243,000 on his home is too high. • Referred to a newspaper article indicating specific percentages. Fehst indicated that last year the property values in the Innsbruck area increased significantly, and this year they went down. Philip Clark, 1260 Lincoln Terrace: • Researched 45 properties in the Mathaire area.. It is difficult to tell which homes are not arms-length sales. • Agreed with his value last year, but disagrees this year. The $18,000 increase needs to be reviewed. Brown stated this area would be reviewed this summer; but offered to review it now. Richard Juntilla, 2319 North Upland Crest: • Left a letter with the Assessor's stating his concern. 2s Eileene Shable, 4400 Monroe: • Questioned the information sent to her. Brrou~z explained the two different pages. • Questioned if she has to pay taxes on the steep bank below her fence. Brown indicated that there is a land value and structure value that determine the tax. Peterson stated that the Assessor would visit the property. Debra Shabel, 4013 4t'' Street: • Requested her property be reviewed. Mary Kenning, 1227 45'/2 Avenue: • Trying to sell her property. Questioned if foreclosures or apartments in the area affect the sale. The realtor wants to list it for $40,000 less than what she is paying taxes on. Br°o~n stated that the apartrzzent is not a detrimental factor to the property. Ro~.~leaz~r again described the process to dete»nine property value. Brown will re-evaluate the pf•opef-ty. Angie Fried, 516 Huset Parkway: • Questioned if there is a disabled veteran exemption. Rouleazr indicated the Legislature in currently considering that exemption and suggested she contact the Veteran 's Administration. Nannrocki stated that there is a Vete~°an 's Sewice office at the Anoka Cozrnty Courthouse. • Moved in last May and was not able to question this value last year. Suggested there be a process of appeal for those who purchase after this yearly meeting. Diehm suggested she contact our State Senator and Representative. • Her amount is more than 100 percent of the value. Rozrleau stated this CRV was $211, 677. • Asked that the property be re-evaluated as there are no upgrades in the home. Roa~leau asked if she felt it is only worth $190, 000 why she purchased it for $211, 000. This is what values are determined on. • Questioned if the tax was to be paid by her or her mortgage company. Rouleau explained that the mortgage company is sent this information and should contact her. Carolyn Stevenson, 4635 Polk Street: • Would like her home re-evaluated. She referred to robberies at her home and the bad neighborhood. Kevin. Doty, 1845 Fairway Drive: • Would like his property re-evaluated, as homes next to him have sold for less than the assessed value. Mike Heska, 1035-37 431/2 Avenue: Referred to a duplex that was for sale in the area for $220,000 valued at $280,000. Now a realtor has valued it at $185,000. Questioned if he should have his own appraisal and take this to conciliation court. County information showed there was amother-in-law's apartment in the basement, which there is not. Nawrocki stated that the next step in the process is the County Board of Revie~n: Rouleau agreed that the basement is finished, but it is not an apartment. Brown stated he would visit the property. Leland Stauch, 1155 Khyber Lane: • Appealing the values set for 2009 taxes. His value went up $16,000, but should be 29 reduced 10 to 15 percent. Roarleazr asked for docznnentatiorz indicating sales to pro~te this. • Requested sales viformation from the Mathaire area. Rouleau i~ldicated this is available on line or on line at the library. Peterson suggested the Assessor come ozrt and visit the properties. Gave figures from the MLS article. Diel7»~ indicated that the 111LS List does not consider- all sales. Peterson stated the values are based on acta~al frgan~es. Stanch addresses: 1155 Khyber Lane, 4558 Fillmore St., 4161 Tyler St., 4311 Royce St., 4547 Fillmore St. Wanda Branden, 4249 Stinson Boulevard: • Requested to have her property reviewed. They have added an addition, but have done no work in the addition. Ralph Johnson, 1146 Borialis: • Why is the County using an antiquated system to tax property? Roarleau asked what system be would propose they use. He did have the county out to his home. Todd Korby, 4446 2°d Street: • Sent a letter to keep lus options open. Nawrocki referred to areas in the city that have increased and decreased and spoke of a newspaper article on sales, which included Columbia Heights. There were significant differences in the sales and the valuation. We need to be concerned if the overall values are fair. He requested a yearly comparison of a Fridley School District home and a Columbia Heights School District home. COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL INFORMATION IS DESIRED Mayor Peterson indicated that this meeting would need to be continued to a date within the next 20 days, following the requested reviews by County staff, before taking final action. Nawrocki suggested April 21, 2008 at 6:00 p.m. Williams requested 6:30 p.m. Peterson indicated that Councihnember Nawrocki must be present and so suggested the meeting begin at 6:00 p.m. 1) Motion by Diehm, second by Kelzenberg, to continue the Board of Review meeting to Monday, Apri121, 2008 at 6:00 p.m. for the purpose of hearing additional information regarding only those property values appealed and discussed on Apri17, 2008 and to consider adoption of the 2008 Property Assessment Rolls. At 8:20 p.m. Mayor Peterson indicated the meeting would be resumed on Apri121, 2008 at 6:00 p.m. Patricia Muscovitz, CMC City Clerk 30 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL PUBLIC IMPROVEMENT HEARING APRIL 7, 2008 The following are the minutes of the City Council Public Improvement Hearing held on Monday, Apri17, 2008 in the City Council Chamber, City Hall, 590 40`" Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 8:26 p.m. Present: Mayor Peterson, Councihnember Williams, Councilmember Nawrocki, Councilmember Kelzenberg, Councihnember Kelzenberg PUBLIC IMPROVEMENT HEARING: 2008 SEAL COAT IMPROVEMENT PROGRAM Street Seal Coat Project Presentation of Information on Seal Coat Project by Staff Kevin Hansen, Public Works Director, stated this is the annual seal coat program, which will be east of Central Avenue and south of 49`" Avenue. The roads will need to be patched and repaired prior to seal coating. This will extend the life of the road surface. Hansen described the type of seal coat material, which was a different type last year and that project was very successful. Nawrocki questioned what the city share of seal coating is. Hansen stated that the first seal coat is paid by the city and that would mean they had work done on their street within the last eight years. Our infrastructure fund will pay for that. The 2008 project will reach $300,000. Questions and Comments on Seal Coat Project Peterson opened the public hearing and asked for comments. Marlin Kirschebum, i 619 4 i ~`, questioned the street or avenue charges. Hansen explained the process. Nawrocki stated that by bidding the process, the cost might be less. Nawrocki questioned the assessed cost last year. Hansen stated $259. Nawrocki felt that we did not get a competitive bid. Hansen stated that we will get the best price we can being part of the purchasu7g group. Hansen stated that increases might be due to trucking costs. Ken Slugai, 4129 Arthur Street, asked if Arthur Street is a city or county street. Hansen stated that it is a state aid street. Ralph Johnson, 1146 Borealis, indicated that the curbs in his area are too low and water is getting below the street surface and ruining it. The blacktop was put down over chunks of blacktop. These repairs do not last. The quick fixes do not work. The water pools and does not run to the storm sewer. Hansen stated there was an edge mill done to keep the water in the curb and gutter. The answer to this is a total reconstruction of the street. We have done some curb and gutter replacements. Johnson suggested that the TIF money given to developers should be used to fix streets. Hansen stated that he would like to see what can be done at this cul-de-sac. George Herps, 2100 43rd Avenue, questioned what a unit is. Hansen stated that single family units all 31 pay the same, whatever their fiontage is. Herps asked if the city pays for their own assessment. Hansen stated that tax dollars do pay the city assessment. Herps stated that west of his driveway there is a hole that is sulking, which the city continues to fill in. Hansen stated this would be researched. Close the Public Hearing Peterson closed the public hearing. Consideration of Resolution Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-65, there being ample copies available to the public. Upon vote: All Ayes. Mohan carried. Motion by Diehtn, second by Williams, to adopt Resolution No. 2008-65, being a resolution orderuig improvements for Zone 1B, 2 and 3A Seal Coat. Upon vote: All Ayes. Motion carried. ADJOURNMENT Peterson adjourned the meeting at 8:48 p.m. Patricia Muscovitz, CMC City Clerk RESOLUTION N0.2008-65 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 1 B, 2 AND 3A SEAL COATING -CITY PROJECT 0801 WHEREAS, pursuant to Resolution 2008-41, adopted by the City Council on February 25, 2008 fixed a date for a Council hearing on the proposed improvements in the area bounded by Reservoir Boulevard to Stinson Boulevard from 37`h Avenue to 45`h Avenue and Central Avenue to Stinson Boulevard from 45`h Avenue to 49`h Avenue, and WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon. the 7`h day of April 2008, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with. this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA That the location and extent of such improvements is as follows: Taylor Street 45'h to 47`h Avenues Fillmore Street 45`h to 46`h Avenues Pierce Street 46`h to 47`i' Avenues Parkview Lane 46`h to 46"' Avenues Johnson Street 46`h to 47`h Avenues 45'/ Avenue Fillmore Street to Cul-de-sac 46`h Avenue Taylor to Fillmore Streets 47`h Avenue Fillmore to Johnson Streets Tyler Street 44`h Avenue to Dead end Arthur Place 44`h Avenue to Dead end Benjamin Street 43'd to 45`h Avenues McKinley Street 37`h Place to 39'/z Avenue 39`h Avenue Tyler to Polk Streets 39"' Avenue Arthur to Cleveland Streets 41" Avenue Reservoir to Stinson Boulevards 42"d Avenue Reservoir Boulevard to Cleveland Sheet 43rd Avenue Reservoir Boulevard to Benjamin Street Chevy Lane Fillmore Street to Cul-de-sac Klryber Lane Fillmore Street to Cul-de-sac Borealis Lane Fillmore Sheet to Cul-de-sac Upland Crest Heights Drive to Fairway Drive 32 Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. 3. Such. improvement is hereby ordered as proposed in the Council Resolution adopted 25`h day of February, 2008. 4. These improvements shall also be known as Project No. 0801 and PIR: 2008-Z1-O1-001, 2008-Z2-O1-OOl,and 2008-Z3-01-001. 5. The Ciry Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 33 OFFICIAL PROCEEDINGS CITY of COLUMBIA HEIGHTS CITY caUNCIL PUBLIC IMPROVEMENT HEARING - UNIVERSITY AVENUE SERVICE DRIVE APRIL 7, 2408 The following are the minutes for the Public Improvement Heariig of the City Council held at on Monday, Apri17, 2008 ril the City Council Chamber, City Hall, 590 40`h Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Peterson called the meetiig to order at 8:50 p.m. Present: Mayor Peterson, Councihnember Williams, Gouncilmember Nawrocki, Councihnember Dielun, Councihnember Kelzenberg PUBLIC IMPROVEMENT HEARING: 2048 STREET RECONSTRUCTION PROJECT FOR UNIVERSITY AVENUE SERVICE DRIVE Street Reconstruction Project Presentation of Information on Street Reconstruction Project by Staff Kevin Hansen, Public Works Director, indicated the items contained i~ the Councilmember's packets. Hansen stated this meetilg is to decide if the project should proceed, not for assessment amounts. The service drive is a MnDot roadway, but they do little maintenance in this area. We applied for financial assistance and were awarded cooperative money for 40"' to 45`" Avenue. If we take this roadway back from MnDot, we would want to take back a new roadway. Safety improvements were the goal. This would add a cul-de-sac at 40`'' Avenue and close offthat entrance to University Avenue. This would include new storm sewers. Residents and staff looked at screening, pedestrian access, and fencing. A walkway is proposed on the west side of the road from 45`" Avenue to 40`h Avenue, off the street. We suggest a black coated chain link fence. We want to add screening to cut our maintenance requirements. We look to add a combiiation of trees, shrubs, vines, and native seeding. The church and gas station have requested to maintain their visibility. Hansen covered the specific types of plant materials to be used. Trees and shrubs must stay 20 feet from the roadway. This suggestion would allow only a shall area next to the roadway that would need to be mowed. The total project cost is $915,000. MnDot has awarded us $550,000. Under ten percent of the total cost is recommended be assessed. The Council will consider the project and if they approve this, we will need six weeks to get final MnDot approval prior to bidding. This work could begin ii July and go to year's end. The assessment heariig would be held ii the fall. Hansen stated that MnDot plans reconstruction from this point north to Northtown in 2009, and will include lane closures. Nawrocki questioned weed growth. Hansen stated it must either be cut more often or burned off. Nawrocki asked if 42°d would be blocked off. Hansen stated no. Nawrocki asked if there are funds available to make up the costs. Hansen stated there are available funds ii all but the storm sewer fund, which is bonded on a three year cycle. Nawrocki referred to apartments along this road that push snow from their lot into the fence across the street. We must make sure this stops. Questions and Comments on Street Reconstruction Project Joy Pelinski, 4315 University, stated that it is difficult to live with the noise and the fumes and the service road that was the worst in Columbia Heights. The fence was in bad shape and it was not properly mowed. People that walk on this road are not safe. She felt that staff has come up with. a fantastic plan. It will be beautiful and will be a role model. 34 John Mellow, 4105 University, stated he has worked for three years on this project. In another tiu-ee years this street will have a "wow" factor. There is still work to do, but this is a start. He thanked Councilmembers for doing this. William Burns, 4039 University Avenue, stated that the sidewakc is a bad idea and is too wide. There will be skateboarders and basketball players on it. The cost is too much and we could use the money toward a new police station, which we need. Pelinski stated that she pays taxes for other things iii the community, but for once in her life she can see what her assessment and taxes will do. Columbia Heights needs more sidewalks. We are walking people and will continue to be so in the future. Nawrocki stated when he drove the street today there were school children, six kids wide, ul the middle of the street. On 49`" Avenue, which has a sidewalk, kids were also wallciiig in the street. Peterson stated that sidewalks are utilized and stated his wish that we had them all over town. Close the Public Hearin Mayor Peterson closed the Public Hearing of the 2008 Street Reconstruction Project 0602. Consideration of Resolution Motion by Kelzenberg, second by Williams, to waive the readu1g of Resolution No. 2008-66, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2008-66, being a resolution ordering improvements for University Avenue Service Drive street eeconstruction. Diehm stated that this is an example where residents are impressed with stabs work and she thanked staff for that. Upon vote: All Ayes. Motion carried. ADJOURNMENT Mayor Peterson adjourned the meetil~g at 9:14 p.m. Patricia Muscovitz, CMC City Clerk RESOLUTION NO. 2008-66 BEING A RESOLUTION ORDERING IMPROVEMENT AND THE PREPARATION OF PLANS FOR UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION CITY PROJECT N0.0602 WHEREAS, Resolution 2008-40 of the Columbia Heights City Council adopted the 25th day of February, 2008, fixed a date for a Council hearing on the proposed improvement University Avenue Service Drive from 40th Avenue to 45`h Avenue, and WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held 35 thereon the '7`~' day of April, 2008, at which all persons desiring to be ]card were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: University Avenue Service Drive from 40"' Avenue to 45`h Avenue Work includes required utility construction/repair, new granular subbase if needed, new aggregate base, new concrete curb and gutter with driveway aprons, new bituminous surfacing, required concrete or bituminous driveway and walk/step replacement, fencing, landscaping, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted 25`h day of February, 2008. These improvements shall also be known as Project 0602 and PIR 2008-Z6-44-001. 4. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 36 ~ - `~/ ~..~_ Approved r c:E~~ ~`-... 4-1-200$ ~~® ~= \\ i i COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 11, 2008 The meeting was called to order by Chair, Barbara Miller at 6:56 p.m. Members present were Barbara Miller, Lynette Thomson, Catherine Vesley and Nancy Hoium. Also present: Becky Loader, Stacey Hendren, and City Cowlcil Representative Bruce Kelzenberg. Not present: Patricia Sowada. The minutes of the February 12, 2008, Board meeting were approved as mailed. The bill list dated 3/10/08 was reviewed. It was moved, seconded and passed that the bills be paid. The accounting dated 3/11/08 was reviewed. The Board discussed the City Council meeting of 3/10/08. Librarian positions have been reclassified. Old Business: An update was given on credit card. acceptance. Once ACL has set up the interface with SIRSI, the Library will be able to develop a credit card acceptance procedure. Bill Elrite, Finance Director has assured Loader that this will be a simple process. 2. The Library has recently hired two new employees. Lynn Tollefson is the new Library Supervisor. She comes to the Library with a corporate background and is very excited about working in a public library setting. Lynn is catching on quickly after her first few training sessions. Regina Jesse has been hired as the new Library Clerk. Regina has been a Library Page and. will start her new position March. 17`" The Board discussed United Way and Foundation Grants. New Business: 1. The Board reviewed the 2007 City ve!•sion of the annual report. The Board discussed the change in staff as well as many staff having two start dates due to promotions. Loader noted the special note concerning how the staff "stepped up to the plate" when staffing was short. The Board reviewed. the data sheet and noted that our gate count shows the CHPL is one of the busiest in the county. Thomson asked for clarification that AV is audiovisual material like CDs, and DVDs. Vesley commented on the impressive amount of nonfiction in the collection. The State version of the annual report is in progress. The Board was impressed by the report. Thomson commented that it is good to see what the staff has done all year. The Board. reviewed the 2007 year-end circulation and. crossover statistics. The Board noted the high gate count, the circulation, and the increasing amount of cardholders in Columbia Heights. The largest cross- over for CHPL is Minneapolis Public Library. 3. The Board reviewed the January circulation and crossover statistics. 37 4. The tentative budget hearing in September has been removed from the calendar. If the Board bas an issue they would like to discuss with the City Council they can request to reschedule the meeting. Items from the Floor: 1. "Heights Happenings" has many articles about the Library in the current issue and is looking great. 2. The Board received the new Library User Guides. Discussion followed concerning architects and the City's current building projects. The Board rescheduled the August meeting for Wednesday, August 6`~'. There being no further business, the meeting was adjourned at 7:34 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The Citv of Columbia Heights does not discriminate orr the basis of disability in the adnrissiora or access to, or treatment or- employment ire, its services, programs, or activities. Upon request, accomnrodatiorr will be provided to allow individuals with disabilities to participate ire all City of Columbia Heights services, progr•arr7s, ar~d activities. 2 38 PLANNING AND ZONING COMi'VIISSION MINUTES OF THE REGULAR MEETING APRIL 1, 2008 ~:ao PM The meetng was called to order at 7:00 pm by Chair-Marlai~~e Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schi~~itt, to approve the minutes fr~am the meeting of March S, 2008. All aves. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0401 APPLICANT: Taco Bell, Border Foods, Inc. LOCATION: 4900-4910 Central Avenue REQUEST: Minor Subdivision, Site Plan Approval INTRODUCTION At this time, Border Foods, Inc. d/b/a Taco Bell is requesting a Site Plan approval for the construction of a new 2,062 square foot restaurant located at 4900 Central Avenue. The applicant is also requesting a Minor Subdivision of the property located at 4910 Central Avenue in order to split off 11.5 feet of land needed to complete the construction of the new restaurant. The applicant has also agreed to demolish the existing car wash building as part of the approval of the minor subdivision. BACKGROUND On February 7, 2006, Border Foods acquired the Dave's Car Wash property located at 4910 Central Avenue, as they planned to redevelop the site to include a new Taco Bell restaurant and a Starbucks Coffee Shop. On August 8, 2006, Border Foods presented the Planning Commission with a proposal that included a new Taco Bell building as well as a new Starbucks Coffee Shop. The proposed plans required three variance and thirteen deviations from the Design Guidelines. City Staff recommended denial of the proposal, and the Planning Commission ul turn recommended denial of the project to the City Council. Border Foods withdrew the application prior to the City Council meeting. At this time, the proposal includes the reconstruction of only the Taco Bell building. There are also no variance requests associated with the proposal and only two deviations from the Design Guidelines. Staff has worked closely with Border Foods for the past several weeks, and Border Foods has made great efforts in drafting plans that meet the overall intent of the Design Guidelines. 39 PLANNING & ZONING COMMISSION MINUTES PAGE 2 APRIL 1, 2008 COIVIPREHENSIVE PLAN The Comprehensive Plan designates this area for comrriercial development, therefore this proposal is consistent with the Comprehensive Plan. The Design Guidelines were adopted by the City Council to set the minimum standards for design quality. The guidelines were established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality of these corridors, and supporting the goals of the Comprehensive Plan. Even though the proposed plans submitted by the applicant include two deviations from the Design Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The properties located at 4900-4910 Central Avenue NE are zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-2A and R-ZB, One and Two Family Residential. The property to the south is located in the City of Hilltop. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of dining area. The proposed restaurant will have 627 square feet of dining area, requiring 16 parking stalls. In total, the project requires 22 parking stalls. The proposed plans indicate a total of 25 parking stalls on site. Drive-Thru Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive tlu-u lane. The proposed plans indicate seven (7) stacking spaces. Landscaping. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4900 Central Avenue has 341 feet of street frontage, and incorporates 25 parking spaces. This requires eight (8) trees, one of which shall be an over-story tree, and 250 square feet of landscape area. The proposed plans indicate a total of eight (8) trees, seven of which are over-story trees, and approximately 1,770 square feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan for the project will be 17 shrubs and over 200 perennial flo .vars. Signage. The current Taco Bell incorporates a freestanding pylon sign. The proposed plans indicate the removal and replacement of the pylon sign with a monument sign, consistent with the minimum standards of the City's Sign Code and Design Guidelines. The monument sign will be 8 feet in height and will have 19 square feet of signage on both sides. The proposed monument sign will also incorporate some franchise architecture, which is allowable. Wall signage will be limited to three (3) signs at approximately 20 square feet per sign, for a total of 60 square feet for the entire building. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. Since this building is on a corner, it has a total of 103 feet of frontage, permitting 200 square feet. The proposed plans indicate a total of 60 square feet of signage. Stormwater Management. The applicant is proposing to use a system of two rain gardens to help control the rainwater runoff from the property. The first is located between the building and Central Avenue and the second is located between the building and 49th Avenue. The City Engineer has reviewed the plans for these rain gardens and has determined that they meet City requirements for rate control, but only partially meet the requirements for water quality. A partial storm water management fee will be calculated and applied to the project to make up for the difference. 40 PLANNING & ZONING COMMISSION MINUTES PAGE 3 APRIL I, 2008 Design Guidelines. The project is located at 4900 and 4910 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront conunercial style. Border Foods has worked with City Staff by taking away design elements of the building that would have otherwise identified the building as a Taco Bell. These elements have been reincorporated into the monument sign design. The proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building facade and Central Avenue. The proposed location of the drive-thru elements is located on the south side of the building, behind the front face of the restaurant. The orientation of the building to Central Avenue is directly related to the location of the drive- thru facilities. Border Foods and City Staff agreed that it would be more desirable to have the drive-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The Taco Bell building design incorporates a cultured stone sill, windows, awnings and building projections, all achieving the intent of the Design Guidelines. BUILDING MATERIALS. The building will incorporate cultured stone and EIFS, which are all acceptable building materials for the district in which the building is located. BUILDING COLOR. Principal building colors should consist of subtle, neutral or muted color with low reflectance. The original color palate for Taco Bell builduigs incorporate bright bold oranges, yellows and browns. Border Foods has worked with City Staff to drastically mute the color palate and have proposed the new color scheme for the building. The proposed building colors meet the Design Guidelines. 41 PLANNING & ZONING COMMISSION MINUTES PAGE 4 APRIL 1, 2008 Sargent then reviewed the reasons for the subdivision. He explained the 11.5 ft. is needed to meet the setback and parking space requirements. The 11..5 ft will be combined with the present Taco Bell property. The remaining piece to the north will still meet the minimum lot area and lot width requirements for future redevelopment. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (~ of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will split off 11.5 feet of land fi-one the pr•ope~°ty to tlae north and add it to the southern property. No new developable land will be created as a resz.~lt of the proposed lot split. (b) The proposed subdivision of land does not involve the vacation of existil~g easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c} All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The minima~m lot area and lot width requirements have been met with the proposed lot split. (d) The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. The public alley to the west of the property currently accesses the property at 4910 Central Avenue. The proposed lot split will not require new dedications of public rights-of--way for access pug poses. (e} The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not holder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a tf~ue statement. (h) The proposed subdivision meets ali of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The p~°oposed subdivision meets all of the design standards specified in this section. 42 PLANNING & ZONING COMMISSION MINUTES PAGE 5 APRIL 1, 2008 FINDINGS OF FACT (Site Plan Approval) Section 9.014 (M} of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following four (4} findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Over°lay Highway District. There are two proposed deviations from the Design Gzzidelirzes for the constrzretion of the Taco Bell building as czn^rently presented Sargent explained the rational used in allowing the following deviations: Building Placement. The Design Guidelines requir-e the buildings to have swell-defined,f-ont .facade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of tlreir.facades parallel the line of the street and cr^eate a continuous edge. The Taco Bell building does not have swell-defined front facade facing Central Avenue. The main facade faces the north, into tlae parking lot, which does not meet the Design Guidelines criterion. After extensive research, Staff determined that the pr^oposed placement of the building on the property is the only location that nrill adequately provide the number of parking stalls required, while still providing the adequate parking setbacks, drive aisle widths and drive-thr-zr facility placements. As stated previously, the orientation of the building and the location of the drive-tlrru elements ar-e directly related The applicant and staff agreed that locating the drive-thr-u elements correctly had a greater visual impact than orienting the building correctly. Building Heiglz~ All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys a mz~lti-store appear-ante even if the building has only ore occzrpied floor. The maior-ity of the Taco Bell building will be 18' - 8%" in height. The f^ont entrance tower, however; will be 22 feet in height. The intent is to have the entire building a minimum of 22 feet in height in order to create atwo-stores appearance. With the width of the Taco Bell building at 28 feet, raising the overall height to 22 feet creates a disproportional appearance to the building, causing it to look abrzor°nral. The over-all intent of the Design Guidelines is to create aesthetically appealing structures. The proposed building is proportional in shape and meets this intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building, and therefore consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no ar^ea plar7 for the proposed project ar-ea. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening„from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinit~~ and public r-fights-of-wav. 43 PLANNING & ZONING COMMISSION MINUTES PAGE 6 APRIL I , 2008 Border Foods have worked closely with City Staff to present a proposal that is consistent with the intent of the Design Guidelines and the Zoning Ordinance. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. The proposed project will also include the removal of an abandoned car wash building, which will be a benefit to the City. For these reasons, staff recommends approval of the site plan and minor subdivision. Questions from members: Szurek asked if the lots were being combined first, then split. Sargent explained that 11.5 ft was being split from the north lot to be combuied with the parcel on the south. He again reiterated that the parcel on the north would still meet, or exceed, the minimum lot size requirements for future redevelopment of the site. Peterson asked if the old building and the new building were about the same distance from Central Ave. Sargent told him they are about the same distance from Central, but the new building would be placed closer to 49th Avenue, as shown on the site plan. Peterson had a concern. that the building may make the intersection look unbalanced, as the other buildings at that intersection are further away from the streets. Sargent explained that the placement of the building meets the requirements of the Zoning Ordinance. There was some discussion regarding the variation of building placement in that block along Central Avenue. Sargent stated the setbacks are all acceptable under the guidelines. Peterson questioned what the height requirement is for new buildings along Central Ave. Sargent stated that the guidelines require a 22 ft height so the buildings have a 2-story appearance. He explained that portions of the proposed building are less than the required height, but that it will have a varied height pattern with a tower that meets the height requirement, as noted in the Findings of Fact he already reviewed with conunissioners. Peterson then asked about the traff c flotiv a:~d entrances/exits to the property. Sargent said they would be keeping the entrances off 49th Avenue that exist now, as MnDot would not allow another curb cut on Central Ave. He then reviewed the 12 foot drive through lane and "escape lane" that is planned to ease the traffic flow for the site. Peterson then asked if Border Foods had any plans for the parcel to north. Barb Schneider from Border Foods stated they are trying to sell the parcel, but there are no offers on the table at this time. She stated that Border Foods has no plan to develop the property. Schmitt stated the plans seem consistent with other places in town and was happy that a workable compromise could be reached in the design of the building that also met the Design Guidelines for the most part. She then asked whether the alley that runs along the west side of this property would still be accessible. Sargent explained that one of the conditions is that the concrete alley will be restored in-kind as part of the project, and that it remain open as much as possible during the construction process. Fiorendino questioned what the lot size requirements were for the remaining parcel on the north to ensure it could be developed at a later time. Sargent explained that the parcel in question is zoned GB which requires a minimum width of 40 feet. This parcel will have a width of 112 ft. after the subdivision. 44 PLANNING & ZONING COMMISSION MINUTES PAGE 7 APRIL 1, 2008 Fiorendino asked whether a Park Dedication fee would be required. Sargent stated that it `would not be required as there isn't a new lot being created. Fiorendino then asked what the term "rain garden" meant. Sargent explained it is a method of providing some drainage for storm water on site. He said small depressions are made that are filled with sail or sand, and vegetation. It allows a place for rain water to drain into the ground rather than into the storn~ sewers. Thompson pointed out that condition #7 requires the alley to be accessible during construction, but at some point it will be closed to pour concrete to restore it to a useable state. He also suggested the apron width of the entrances be 8 ft rather than 6 ft. Sargent said the Engineering Dept. will review the plans and will be responsible for approving the design of the aprons. Public Hearing opened: Fiorendino asked Barb Schneider about the colors chosen for the building. She passed around the color palate that will be used on the proposed building. The members all had positive comments about the color choices. Public Hearing~Closed: Motion by Peterson, seconded by Fiorendino, to waive the reading of Resolution No. 2008-PZ04, there being ample copies available to the public. All ayes. Motion Passed. Motion by Peterson, seconded by Thompson, to adopt Resolution No. 2008-PZ04, being a resolution approving a site plan, for a Taco Bell restaurant located at 4900 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 2. Prior to issuing a building permit, a Letter of Credit or cash escrow shall. be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. 3. Applicant shall provide copies of MnDOT (Central Avenue-TH 65) and Anoka County (49tH Avenue - CSAH 4) review letters to the Engineering Department. Please copy the City Engineer on any return correspondence. 4. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 5. The existing concrete alley shall be restored in-kind, full width, joint to joint, and shall meet City requirements. 6. A construction NPDES permit is required for the project. 7. Closure of the alley shown on the north property line is unacceptable. The alley must be accessible during construction. 8. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. 9. A storm water management fee shall be paid by the applicant in order to mitigate the inadequate treatment of storm water. The City Engineer will determine the fee. All ayes. MOTION PASSED. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 8 APRIL 1, 2008 RESOLUTION NO. 2008-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A TACO BELL RESTAURANT AT 4900 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0401) has been submitted by Border Foods, Inc. to the Planning anal Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4900 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a Taco Bell Restaurant located at 4900 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 1, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and reco~mnendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and. welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: l . The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other- information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calenda~• year after the approval date, subject to petition, far renetival of tl~e permit. CONDITIONS: 1. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 2. Prior to issuing a building permit, a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City Storm water management code. 3. Applicant shall provide copies of MnDOT (Central Avenue-TH 65) and Anoka County (49`h Avenue- CSAH 4) review letters to the Engineering Department. Please copy the City Engineer on any return correspondence. 4. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and. City requirements for pedestrian ramps and grade. 5. The existing concrete alley shall be restored in-kind, full width, joint to joint, and shall meet City requirements. A construction NPDES pel•~nit is required for the project. Closure of the alley shown on the north property line is unacceptable. The alley must be accessible during construction. The screening fence to the west of the alley is a requirement for the commercial property and. should be brought to uniform condition. A storm water management fee shall be paid by the applicant in order to mitigate the inadequate treatment of storm water. The City Engineer will determine the fee. 46 PLANNING & ZONING COMMISSION MINUTES PAGE 9 APRIL 1, 2008 Passed this ls` day of April 2008, Offered. by: Peterson Seconded by: Thompson Roll Call: All ayes CHAIR Marlaine Szurek Attest. SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Barb Schneider Date Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the minor subdivision for the property located at 4910 Central Avenue to aid in the construction of anew Taco Bell building located at 4900 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with. seed or sod. Aii ayes. MOTION PASSEt~. The following Resolution will go to the City Council at the April 14"' meeting. RESOLUTION NO. 2008-XX RESOLUTION AI'I'ROVING A li~IINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BORDER FOODS, INC. WHEREAS, a proposal (Case No. 2008-0401) has been submitted by Border Foods, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4910 Central Avenue 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 April. 1, 2008. 47 PLANNING & ZONING COMMISSION MINUTES PAGE 10 APRIL 1, 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: l . 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. Al] lots to be created by the proposed subdivision conform to lot area and width 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 X9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 49] 0 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. T11e applicant shall also restore the ground layer at 4910 Central Avenue with seed or sod. CASE NUMBER: 2008-0402 APPLICANT: Crosstos~~:~ Eat ~~ LOCATION: 5025 Central Avenue REQUEST: Site Plan Approval for signage INTROI}UCTION At this time, Ram Kumar, is requesting a site plan approval for new signage for the Crosstown Eatery restaurant, located at 5025 Central Avenue. Crosstown Eatery has taken over the building once occupied by Denny's Restaurant, and would like approval for new signage. The proposal includes the installation of anew monument sign, as well as new wall signage for the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for comtnercial-related activity. By using a monument sign instead of the pylon sign, Crosstown Eatery's signage plan would be consistent with the Design Guidelines, and thus consistent with the Comprehensive Plan. 48 PLANNING & ZONING COMMISSION MINUTES PAGE 11 APRIL 1, 2008 ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north, south and west. The properties to the east are zoned R-2A, One and Two Family Residential. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. Sargent explained the former Denny's Restaurant incorporated the use of a pylon sign i1i their signage scheme. The Design Guidelines do not allow the use of pylon signs, instead requiring the use of monument signs for any type of freestanding signage. For this reason., the existing pylon sign is considered a legally non-conforming sign. The Zoning Code does not allow for any type of alteration to preexisting legally non-conforming signs. This would require the applicant to remove the existing pylon sign and replace it with a monument sign. The applicant is aware of this ordinance and has submitted plans indicating the use of a monument sign on the property. The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40 square feet per side, and ten (10) feet ua height if the overall building height is a mia~imum of 22 feet. Monument signs must also be located a minimum of five (5) feet from all property lines. The applicant's sign plan indicates that the monument sign will be nine (9) feet in height and 40 square feet in area. The site plan for the sign also indicates that the monument sign will be located five (5) feet from the front property line. signage on the building is limited to two square feet of signage for each one foot of building frontage along Central Avenue, and is capped at 200 square feet for the entire building. The restaurant has 64.5 feet of frontage along Central Avenue, giving the restaurant a maximum of 129 square feet of signage. The sign plan indicates that the restaurant will utilize three wall signs, totaling 94 square feet in area. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of cedar trim and painted to match the building. The Design Guidelines also prohibit internally lit box signs. The proposed monument sign and wall signs incorporate gooseneck lighting used to cast illumination on the signs, which would be consistent with the intent of the Design Guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standa~•ds for• monument signs and wall signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. 49 PLANNING & ZONING COMMISSION MINUTES PAGE l2 APRIL 1, 2008 3. The site plan is consistent with any applicable area plan. Tl~er~e zs no applicable area playa for dais at°ea. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed sigaaage meets all the miaaimum setback regaairements and all Desigaa Guideline requirements. For this reason, the property in the immediate vicinitJ~ should not be adversely iraapacted. The signage plan conforms to all standards outlined in the Design Guidelines, therefore, staff reconunends approval of the site plan for Crosstown Eatery, located at 5025 Central Avenue. Questions by members: Szurek questioned since the ownership of the property changed whether they would be required to change the color scheme of the building so it conforms to the Design Guidelines. Sargent said they have not proposed making any changes to the exterior of the builduig, and are not required to do so. She asked. when they planned to open and Sargent told them Thursday, Apri13, 2008. Fiorendino asked whether the wall sign is considered a permanent sign since it has changeable lettering that can be inserted. Sargent explained that it is a permanent sign similar to the one Santa's has. Schmitt commented that the avenue is starting to look more attractive as many of the Pylon signs are being replaced with monument signs. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, to waive the reading of Resolution No. 2008-PZOS, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2008-PZOS, being a resolution approving a site plan for Crosstown Eatery, located at 5025 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZOS RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE FOR THE CROSSTOWN EATERY RESTAURANT WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0402) has been submitted by Ram Kumar to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5025 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the Crosstown Eatea~t~ restaurant located at 5025 Central Avenue. 50 PLANNING & ZONING COMMISSION MINUTES PAGE 13 APRIL I, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 1, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of Ere, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Plamling and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan miivmizes any adverse impacts on property in the invnediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within o~~e (1) calendar yeaY after the approval date, subject to petition for renewal of the permit. Passed this 1st day of Apri12008, Offered by: Fiorendino Seconded by: Schmitt Roll Call: All ayes ('IT:AIR Marlai?~e S?u~°ek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this docwnent to the City Planning OfEce. I have read and agree to the conditions of this resolution as outlined above. Rain Kumar Date 51 PLANNING & ZOI~tING COMMISSION MINUTES PAGE 14 APRIL I , 2008 Sargent stated that the EDA met earlier this even111g with Developer -CROS Companies, whereby they approved a Development Agreement for the property at 3700-3722 Central Avenue. The original Site Plan and Variance request submitted by CROS was withdrawn. He is making some modifications to the Site Plan and will re-submit it for the May or June meeting. The following case is for the P & Z Commission to acknowledge that the transfer of property does comply with the Comprehensive Plan. CASE NUMBER: 2008-0403 APPLICANT: City of Columbia Heights LOCATION: 3700-3722 Central Avenue REQUEST: Comprehensive Plan Compliance BACKGROUND Minnesota State Statute §462.356, subd. 2 requires that if a city has a Comprehensive Plan, it may not acquire or dispose of any property until the City's Planning Commission has reviewed the proposed acquisition and reported on whether it will comply with the City's Comprehensive Plan. The properties at 371$ and 3722 Central Avenue are currently owned by the City and will be transferred to the Economic Development Authority (EDA) prior to the land being sold to CROS Companies for a redevelopment project. The Comprehensive Plan guides this area for commercial use. Staff has reviewed the proposed use of land and has determined that a retail center is consistent with the Comprehensive Plan in this regard, and recommends the commission pass the following resolution. Fiorendino clarified that the City is transferring this property to the EDA, who in turn, will transfer it to CROS Companies for a commercial redevelopment of retail space. Sargent confirmed that is correct. Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2008-PZ06, there being ample copies available to the public. All ayes. MOTION PASSSED. Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2008-PZ06, being a resolution acknowledging that the proposed use of land located at 3718 and 3722 Central Avenue complies with the City's Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ06 RESOLUTION OF THE PLANNING AND ZONING COMMISSION ACKNOWLEDGING THE PROPOSED USE OF LAND AT 3718 AND 3722 CENTRAL AVENUE COMPLIES WITH THE CITY'S COMPREHENSIVE PLAN WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0403) has been submitted by the City of Columbia Heights to the Planning and Zoning Commission requesting a site plan. approval from the City of Columbia Heights at the following site: ADDRESS: 3718-3722 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Acknowledgment that the proposed use of land at 3718 and 3722 Central Avenue complies with the City's Comprehensive Plan. 52 PLANNING & ZONING COMMISSION MINUTES PAGE 15 APRIL 1, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 1, 2008; WHEREAS, the Plamling and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the conununity and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission acknowledges that the proposed use of land at 3718 and 3722 as a retail center complies with the City's Comprehensive Plan designation far that area as "Commercial". Passed this lst day of April 2008, Offered by: Thompson Seconded by: Peterson Roll Call: All ayes Attest: SECRETARY, Shelley Hanson NEW BUSINESS None OTHER BUSINESS CHAIR Marlaine Szurek Sargent reported progress is being made on the Comprehensive Plan update. Staff is in the process of establishing goals for our City for the next 10 years based on input received. These will be passed on to the consultant for review. If they are found to be acceptable, they will be brought to a joint meeting of the Plaiming & Zoning Commission and the City Council. Thompson stated he would like to have ample time to review them prior to the meeting. Sargent said the goals will be listed and the sections they affect will be noted to make the review easier. The meeting was adjourned at 8:00 p.in. Respectfully submitted, Shelley Hanson 53 CITY COUNCIL LETTER Meeting of April 14, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ~ , ~ ~ ITEM: Approve Gambling Pen»it, Immaculate BY: William J. Roddy BY: 4 ~ ,r~ ' -- ~ NO. Conception Church Fun Fest, Aug $-10, 2008 DATE: March 24, 200$ DATE: ~ BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has subnutted a request for a gambling permit for their Fun Fest activities to be held August 8 through 10, 2008. Activities to be included are bingo, raffles and pull-tabs. (Inunaculate Conception has previously held a Class B gambling license, which covered charitable gambling at Mady's bowling center and the gambling activities at the Fun Fest. They are no longer conductulgoff--site gambling and are only seeking a permit for the activities at the Fun Fest.) ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-tune charitable gambling and has paid the $25 permit fee, the City Manager reconunends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 8 to 10, 2008 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local govenli2lg body. :kao Attachments 08-54 COUNCIL ACTION: 54 Mr"nnesata Lawful Gambling Page '4 of 2 B107 G22a ~4pplication far Exelmpt PI@rn~it L For Board Use Only . An exempt permit may be issued to a nonprofit organization that: ~~G~ ~~ ~~} f (yr Gheck# • conducts (awful gambling on five or fewer days, and ar e~Ch ~VL'r1t d l ~ . ar ye en awards less than $50,000 in prizes during a ca ©RGANIZATI4N IMF©RMATIUN Organization name ~c~P t ~~rl` - t ~ ~ Previous gambling permi# number ~ I (- t~~a t ~r ~~ Mr~~e~t+- r_ CN~tRCi-~ b~= 7Z~t~ ~ t ~ Type of nonprofit organization. Check ("~) one. ^ Fraternal ~ Re{ig"sous ^ Veterans ^ Other nonprofit organization Mailing address City ~t~3o ~~~-L~Son3 ~Y, ~.~ r Gam,-~crrt8r~ ~>ntC~l-l-rs State2ip Code County I~tJ SS~Id~ ~NoFCt'-~ Marne of chief executive officer (CEO) Daytime phone number ~71 3 ~`7~i~ ~ ~3 0~~ fin.. r~ ~a t<,u.~.~- ~ ATTACH A CG1PY OF C)NE pP THE F©LLOWING FOR PRC70F C7F N~NPROFfT STATUS >E- Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorparatiart OR a current Certificate of Good Standing. _ Don't have a copy? This eertificate must be obtained each year tram: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 _ internal Revenue Service - 4RS income tax exemption [509(c}~ letter in your organizafian's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially appl'sed for tax exempt status to: IRS, P_O. Bax 2508, Room 4010, Cincinnati, OH 45201 Internal Revenue Service -Affiliate of national, statewide, ar internattanal parent nonprofit organization (charter} If your arganization,fatis under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a registered nonprofit 501{c) organization w'sth a group ruling b. the charter or 1et#er from your parent organization recognizing your organization as a subordinate. Internal Revenue Service -proof previously submitted to Gambling Control Board if you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required. GAMBLING PREMISES iNFt~RMATIC3N Name of premises where gambling activity will be conducted {for taffies, list the site where the drawing vviif take p{ace} ~~{~:Re~.~ at= i~-t~ 1~+~~c-i.e~.~-t'~ C.ar~s~.s~P-rroiJ Address {da not use PO box) --~>~3D ~~ici~t5dns S~: j~~~, City C~.u,~(3rt~-~~CtC-~H~S Zip Code .55~a1 County ~1~K.r~ Dates} of activity {for raffles, indicate the date of the drawing} (alt G5 ~3~`i~ ~i~~ j~j~ 17D~ .J~Rflt,S,tJb ©N' ~{tL,u57' ~B`-~3' ~~acD`~ Check the box or boxes that indicate the type of gambling activity your organization wilt conduct: Bingo ~ Raffles ^ ~Paddiewheels ,~ ~Puil-Tabs ^ "Tipboards * Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo number selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a Licensed distributor, go to www.gcb.state.rnn.us and click an L'sst of Licensed Distributors, or call 651-639-4075. 55 l (';??tl ®rtnlic~~fii~n fE)C EXt3Cnp~ P~P.!'tYllt Page 2 of 2 6l07 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT ff the gambling premises is within city limits, tf the gambling premises is located in a township, both t sign this application. the city mu the county and township must sign this application. s Check {~V~ the action that the city is taking on Cheek {'~) the actfan that the county is taking on this application. this application, The application is ackna~rrledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The appiication is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days' days (60 days fora 1st class city}. The application is denied. The application is denied. Print county name print city name On behalf of fhe county, 1 acknowledge ti~is application. Signature of county personnel receiving appiica#ion On behalf of the city, t acknowledge this application. ersonnel receiving application f cit t y p ure o Signa Date 1 J l e Tit Title Date J J TOWNSFIlP: On behatfof the township, 1 acknowledge that the organization is applying far exempted gambling activity within the township limits. ~A township has no statutory authority to approve or deny an appiication [Minnesota Statute 349.213, subd. 2)] Print township name Signature of township officia4 acknowledging application Title Date ~,_.J, t g 1 2 a o GHIEF EXECUTIVE OFFICER'S SIGNATUR E The information provided in this application is complete and accurate to the best at my knowledge. 1 acknowledge that the financial reporf wit! be completed and returned to the Board within 30 days of the date of our gambling activity. Chiefaxecutiveofficer'ssignature 13 a-wr~n_•~Py~' ,~._ ~ Date .~ I t 8 / ~~~~ Complete an application far each gambing activity: Financial report and recordkeeping • one day of gambling activity • two or more consecutive days of gambling activity required A financial report form and instructions will be • each day a collie drawing is held sent with your permit. :^,lifhi,^, 3n days of the activity date, carnpiete and return the financial Send appiication with: report form to the Gambling Control Board. • a copy of your proof of nonprofit status, and • $50 application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control Board at 651-639-4076. To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Data privacy. This €orm wrli be made avalable in alternative format (i.e. large prink, Braille} upon request. The information requested on this form {and any attachments) wil{ be used by the Gambling Control Board (Board} to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, tt you refuse to supply this in€ormation, the Board may not be able to determine your quati5cations and, as a cansequenc~, may refuse to issue you a pennif. If you supply the information requested, the Board will be able fo process your application. Your name and and your organization's name and address wilt be pubic information when received by the Board. Alf the other information you provide ~ndN be private data until the Board issues your permit, When the Board issues your permit, all of the information provided to the Board will become public, tf the Board does not issue a permit, ail in#omration provided remains private, with the exception of your name and your organization's name and address which wll remain pubic. Private data are avaitabte to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of AdministraGan, Pinance, and Revenue; LegisiativeAudRor, national and intemationai gambling regulatory agencies; anyone pursuant fo court order, other individuals and agences that are speaficaily authorized by state ar federal taw to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 56 THE CHt7RCH CF THE IMACU~.ATE CCNCEPTl~3N For: City of Columbia Heights lnvoiee # Date Due Date GamingPermit 03/20/2008 03!2012008 Total: $25.00 Date: 0312712008 Checl{: Amount Discount Paid Memo $25.00 $25.00 Total: $25,00 27732 27732 27732 ' THE CHURCH OF THE ~IMMA,CUt~-TE CQNCEPT~tJN 4030 JACKSON STREET, NE. COLUMBIA HElC~HTS, MN 55421 'k***Twenty-Five and 00 / 100 Dopars**"'* PAY TO THE Cit of Columbia Hei hts OO~DER 591} 40th Avenue NEg Attn: Licensing Department/Shelly Hanson Columbia Heights MN 55421 11/1.3 G fi !~ a S. IBS °11 LJ ~ ^~~V ® j ~~6 raaaTt~Eas~r BassK 27732 MINNEAPOLIS; MN - 612-379-8811 COLUMBIA HEIGHTS, MN - 769-788-9351 COON RAPIDS, MN - 763-784-3533 YOUR INDEPENDENT COMMUNITY BANK 1 `7-1 &910 DATE AMOUNT 03/27/2008 ****$25.00**** 5Q©~~~ 56~ LII~ 1 57 U a k C z i a CITY COUNCIL LETTER Meeting of: April 14, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL _ ~ ®~ ITEM: 2008 SEASONAL & TEMPORARY WAGE BY: LINDA L. MAGEE BY:f,' ADJUSTMENTS DATE: April 7, 2008 DATE: .® N0: Attached are proposed 2008 wage schedules for non-union part-time temporary Library employees, seasonal Public Works employees, seasonal/temporary Recreation employees, and interns. A 3~ wage adjustment is recommended for temporary Library employees, seasonal Public Works employees, and interns. The Recreation Director is recommending a 3o adjustment to most Recreation seasonal positions, a $1.00 per game adjustment to youth baseball umpires, youth softball umpires, and youth house league basketball officials, and a $5 per game adjustment for baseball umpires. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-70, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2008. COUNCIL ACTION: 58 RESOLUTION Baas-7o ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Nan-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated. that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonaUtemporary Recreation positions, and inten~ , as indicated on Schedule I, II, III, and IV, which are attached and on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2008. Passed this 14`'' day of April, 2008. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 59 2008 PART TIME TEMPORARY LIBRARY EMPLOYEES SCHEDULEI PAGE Entry $9.37 6 months $9.92 12 months $10.47 24 months $11.02 LIBRARY AIDE Entry $9.58 6 months $10.18 12 months $10.78 24 months $11.38 36 months $11.98 LIBRARY SUPERVISORS Entry $17.61 6 months $18.59 18 months $19.57 60 2008 PUBLIC WORKS SEASONALS SCHEDULE II Entry 1 Year 2 Years 3 Years 4 Years 5 Years 6 Years Seasonal Laborer $9.61 $9.84 $10.07 $10.29 $10.63 $10.97 $11.31 (Including Rink Maintenance) Warming House $9.61 $9.84 $10.07 $10.29 $10.63 $10.97 $11.31 Attendant Warming House $10.57 $10.82 $11.07 $11.32 $11.69 $12.07 $12.44 Lead Attendant Engineerin Aide $11.82 $12.10 $12.38 $12.66 $13.08 $13.49 $13.91 61 2008 RECREATION SEASONAt_S SCHEDULE III Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the Employ POSITION ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS Summer Playground Asst. $7.85 $8.03 $8.21 $8.48 $8.75 After School Instructor $7.85 $8.03 $8.21 $8.48 $8.75 Trip Chaperone $7.85 $8.03 $8.21 $8.48 $8.75 Facility Supervisor $8.29 $8.48 $8.67 $8.96 $9.24 Scorekeeper (per game) $8.29 $8.48 $8.67 $8.96 $9.24 Baseba{I Umpire -House League (Youth) $16/game -Traveling (Plate) $30/game -Traveling (Base) $25/game Soccer Officials (Youth} $14/game Softball Umpires (Youth) -Youth Slow Pitch $16/game -Youth Fast Pitch $25/game Basketball Officials (Youth) - House League $16/game - Traveling $20/game Football Officials (Youth) $25/game Adult Athletics $25/game Umpire/Officials (Softball, Basketball, Volleyball, & Football) Performing Arts Instructor $8.34 $9.73 $11.12 $12.51 $13.91 (Gymnastics, Cheerleading, and Ballet) Summer Playground Supervisor $8.59 $10.02 $11.46 $12.89 $14.32 Trip Supervisor $8.59 $10.02 $11.46 $12.89 $14.32 Program Instructor (Market rate--contingent upon approval of the Recreation Director and the Assistant to the City Manager.) 62 yer. 4 YEARS $9.02 $9.02 $9.02 $9.53 $9.53 $15.45 $15.91 $15.91 63 2008 INTERNS SCHEDULE IV Rate 1 $11.01 Rate 2 $11.54 Rate 3 $12.06 Rate 4 $12.59 Rate 5 $13.11 64 CITY COUNCIL LETTER Meeting of: April 14, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL -- / ITEM: LELS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: ~:~ t-;- POLICE OFFICERS DATE: April 7, 2008 DATE: N0: The labor agreement between the City and Law Enforcement Labor Services, representing Police Officers, terminated on December 31, 2007. Negotiations between the City's negotiating team and LELS have resulted in a mutually acceptable labor agreement for calendar years 2008, 2009, and 2010. The proposed changes are as follows: Wages• 2008: 4o adjustment over 2007 wages 2009: 4.5o adjustment over 2008 wages 2010: 4~ adjustment over 2009 wages Insurance- 2008: $625 per month (2007 = $645 per month) 2009: $705 per month 2010: $745 per month Effective January 1, 2005, Employer contribution to employee insurances can be used for family dental insurance as well (currently can only use toward single dental premium). Longevity: 2008: 4o adjustment over 2007 2009: 4.5o adjustment over 2008 2010: 4o adjustment over 2009 Job Assignments: Investigator, School Liaison Officer, Corporal, and Drug Task Force Officer Pay: 2008: $140/month (2007 = $135/month) 2009: $146/month 2010: $152/month Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $325 per full-time employee for 2008; $325 per full-time employee for 2009, and $325 per full-time employee for 2010 (2007= $300). Miscellaneous Clarified language on overtime to reflect current practice. COUNCIL ACTION: 65 CITY COUNCIL LETTER Page 2 of 2 Pages Meeting of: April 14, 2008 AGENDA SECTION: CONSEIQT ORIGINATING DEPARTMEPv'T: CITY MANAGER'S N0: CITY MANAGER'S APPROVAL ITEM: LELS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: POLICE OFFICERS DATE: April 7, 2008 DATE: N0: Changed language in the contract giving the Employer the right to start newly hired. employees up to the three year rate of pay, based on previous training and experience. (Currently, up to two year rate.) Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2008, 2009, and 2010. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-69, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2008, 2009, and 2010. COUIQCIL ACTION: 66 RESOLUTION 2008-69 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Loca1311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted u~ a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, a copy of said contract is 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 contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of , 2008. Offered by: Seconded by: Roll Ca11: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 67 March 26, 200$ CITY OF COLUMBIA HEIGHTS PROPOSAL TO LEL5 (POLICE OFFICERS) 1. ARTICLE XIII OVERTIME 13.1 No change. 13.2 No change. 13.3 Overtime offered to employees and not worked will for record purposes under Article 13.2 be considered as unpaid overtime worked. For purposes of this article, the inability of the Employer to make contact with the employee and/or the non-response of the employee will be considered overtime offered. 13.4 No change. 13.5 No change. 13.6 No change. 13.7 Training shall be paid at straight time. Department meetings shall be paid as follows: Designated Training portion: Straight time Designated Department Meeting portion: One and one-half time the employee's regular base rate Department meetings do not qualify for the two hour minimum under Article XV. 13.8 No change. 2. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of six hundred and sixty-five ($665) dollars per month per (permanent and probationary full-time) employee for group health and group dental, uicluding dependent coverage, life and long term disability insurance for calendar year 2008. 17.2 The EMPLOYER will contribute up to a maximum of seven hundred and five ($705) dollars per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2009. 17.3 The EMPLOYER will contribute up to a maximum of seven hundred and forty-five ($745) dollars per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2010. 68 March 26, 2008 17.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 3. ARTICLE XXI LONGEVITY Employees with continuous employment shall receive a supplementary pay in the amount set forth below: 2008 2009 2010 After four (4) years of continuous employment....... $ 86.42hno. $ 90.31/mo. $ 9392/mo. After eight (8) years of continuous employment...... $144.05/mo. $150.53/mo. $156.55/mo. After twelve (12) years of continuous employment...$201.66/mo. $210.73/mo. $219.16/mo. After sixteen (16) years of continuous employment...$259.27/mo. $270.94/mo. $281.78hno. 4. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 2008, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 2010. 69 March 26, 2008 APPENDIX A 1. WAGE RATES 1. a. Effective January 1, 2008 After 36 months of continuous employment .....................................$5,146.00 per month Top Patrol Rate Start ....................................................................................65% of Top Patrol Rate After 6 Months ......................................................................70% of Top Patrol Rate After 1 Year .........................................................................80% of Top Patrol Rate After 2 Years ........................................................................90% of Top Patrol Rate After 3 Years .................................................................................Top Patrol Rate b. Effective January 1, 2009 A$er 36 mouths of continuous employment .....................................$5,378.00 per month Tap Patrol Rate 65% of Top Patro Rate Start .................................................................................... After 6 Months ......................................................................70% of Top Patrol Rate After 1 Year .........................................................................80% of Top Patrol Rate After 2 Years ........................................................................90% of Top Patrol Rate After 3 Years .................................................................................Top Patrol Rate c. Effective January 1, 2010 After 36 months of continuous employment .....................................$5,593.00 per month Top Patrol Rate op P Rat° Start ....................................................................................65°% ofT afro After 6 Months ......................................................................70% of Top Patrol Rate After 1 Year .........................................................................80% of Top Patrol Rate After 2 Years ........................................................................90% of Top Patrol Rate After 3 Years .................................................................................Top Patrol Rate d. Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the three year rate of pay. e. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward acity-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $325 for calendar year 2008 and $325 for calendar year 2009, and $325 for calendar years 2010. ~o March 26, 2008 2. a. Employees classified or assigned full time by the EMPLOYER at its sole discretion to the following job positions, will. receive per month the amounts set forth. below opposite the assignment or such amount pro rated far less than a fill month in addition to their regular wage rate: 2008 2009 2010 Investigator (Detective) ........................ $140 $146 $152 School Liaison Officer ........................ $140 $146 $152 Drug Task Force Officer ...................... $140 $146 $152 Corporal ......................................... $140 $146 $152 b. Employees assigned as Field Training Officers shall receive .15 hour of compensatory time for each hour of their shift spent performing Field Traii~lg Officer duties. ~~ CITY COUNCIL LETTER Meeting of April 14, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Resolution 2008-45 regarding BY: William J. Roddy BY: „ °~_ - ' ~; Penalties for Administrative Offenses as DATE: March 27, 2008 DATE: ~ Authorized by City Code of 2005 NO. BACKGROUND On October 13, 1997, the City Council approved the implementation of the administrative tag system for the enforcement of ordinance violations and lesser traffic offenses. As a result of the recodification of the city ordinances in 2005, chapter and section numbering changed from the previous version of the ordinances. Resolution 2008-45 is requested to bring the administrative offense list of ordinance numbers in conformance with the new ordinance codification. The penalties are not being changed; and remain the same as when they ~Tere adopted in Resolution 2004-69. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2008-45, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-45 being a Resolution regarding Penalties for Administrative Offenses within the City of Columbia Heights as Authorized by the Columbia Heights City Code of 2005. W JR: icao 08-56 COUNCIL ACTION: 72 RESOLUTION NO. 2008-45 BEING A RESOLUTION REGARDING PENALTIES FOR ADMINISTRATIVE OFFENSES WITHIN THE CITY OF COLUMBIA HEIGHTS AS AUTHORIZED BY THE COLUMBIA HEIGHTS CITY CODE OF 2005 WHEREAS, the Columbia Heights City Code of 2005 establishes Chapter 3, Article 5, Subdivision 7 entitled "AdmiYnistrative Offenses -Scheduled Penalties;" and, WHEREAS, Subdivision 7 provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established and amended from time to time, by Resolution of the City Council; and, WHEREAS, it is the desire of the Columbia Heights City Council to bring the administrative offense schedule section numbering in conformance with the City Code of 2005. THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense penalty schedule is amended as follows: OFFENSE DESCRIPTION Overtime parking in public parking areas Illegally parking in loading zone Illegally parking in bus stop or taxi stand Illegally parked in metered parking areas Parked on boulevard Violation of boulevard parking pernut Handicap parking Temporary or emergency no parking (parades) Six-hour minimum parking Parking in a traffic lane or in an alley Fire lanes or other parking violations on private property Junk vehicles Obstruct trailic in a private parking lot Overtime parking in a private parking lot No parking 2 a.m. to 6 a.m. No parking April 1 to May 1 when there is 3 % niches of snow or more on the streets No bicycle registration No bicycle lights and reflectors Miscellaneous bicycle violations Animal violations, Chapter 8, Article 1, Sections 1-8 Unauthorized signs in public right of way Bicycle impound Public Nuisance Parking in a park 11 p.m. to 6 a.m. CHAPTER/ STATUTE PENALTY 7.202(B) $25 7.202(0)(1) $25 7.202(E) $25 7.202(F) $25 7.202(F)(3)(C) $25 7.202(I) $100 7.203(A)(6) $25 7.205(A) $25 7.205(B) $25 7.205(D) $30 7.205(G) $30 7.205(K) $25 7.205(L) $27 7.205(M) $25 7.205(N) $25 7.401(A) $15 7.402(B) $15 7.402(0)/169.222 $1 S $25 8.204(R) $20 7.401(0) $20 10.108(G)(2) $45 10.201(A) $25 I 73 OFFENSE DESCRIPTION CHAPTER/ STATUTE PENALTY Pets not on a leash in city park 10.201(L) $20 Miscellaneous State parking violations 169.32-169.34 incl. $25 False alarm response by police or fire 10.313(A} Thud ui calendar year $50 Fourth ill calendar year $75 Fifth and any subsequent in a calendar year $100 Animal in motor vehicle 346.57(1) $25 Animal cruelty 343 $50 Exposure of unused refrigerator (door not removed} 609.675 $25 Land disposal of used oil 115A.916 $50 Abandoned motor vehicle 168.03 $35 Expired license plates 168.09 $25 Parked on landscaped area SA.207(C)(A) $25 Parked more than 12" from curb 169.35(1) $25 Parked overweight (15,000) 7.204(H) $100 Garbage and rubbish violations 8.301(G) $25 Noise and odor violations 8.204(D) $75 Outside storage of materials SA.207(G) $50 Too many animals (no kemlel license) 5.607(A) $75 Parked wrong side of street 169.35 $25 Speeding 1-15 over 169.14 $35 Obstructing view of driver 169.37 $25 Exhaust not muffled 169.69 $50 Obey traffic control signs and signals 169.06 $30 Driving rules 169.18 $30 Turning and starting 169.19 $30 Failure to yield 169.201 $30 Vehicle equipment and safety 169.46-169.65 $35 1n1.111J1.Ve Passed this _ day of 2008 Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 2 74 clTy couNC~L r.ETTEx Ivleetulg of: 4/14/08 AGENDA. SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: K. Hansen AND LINING OF 4300 LINEAL FEET OF WATER MAIN DATE: 4/09/08 UNDER THE MINNEAPOLIS 2008 PROGRAM, CITY PROJECT N0.0803 BY: DATE: Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staffhas determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staffhas taken many samples, and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, Staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights began a cleaning and lining program with 3,000 lineal feet of water main cleaned and lined under the Ciry of Minneapolis Cleaning and Lining Program as follows: • Alley from 37`" to 39`" Avenue, between Polk and Tyler Streets, and • Jefferson Street, from 49`" to 51't Avenues In 2006, the City of Minneapolis Cleaning and Lining program completed 3,300 lineal feet of Inling in Columbia Heights at the following locations: • Madison fi-om 48`" to 51 ~` Avenues • 48`" Avenue from Jefferson to Monroe Momoe from 48`" to 49`" Avenues • Monroe from 48`" to 49`" Avenues In 2007, the cleaning and fining program completed 3,6501ineal feet ofpipe with the following segments completed: • Monroe from 49t" to S lit Avenues - 50 ;~ Avenue from ivlorroe to Jackson Streets • 50`" Avenue from Monroe to Jackson Stl-eets • 49 '/> Avenue from Monroe to Jackson Streets As detailed above, each year of the program has completed an additional 300 lineal feet ofpipe. With the continued water quality issues resulting in higher number of complaints and calls received in 2007, staff is proposing to expand the program in 2008 and 2009 to 4,300 and 4,800 lineal feet, respectively. This annual footage will push the extent of what Public Works can accomplish in-house without outside contracting for the program. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly tined pipe should provide another 40 or more years or more of service. Based upon the positive results and project success of the first three years, staff conducted C-Factor testing on other known COUNCIL ACTION: 75 CITY COUNCIL LETTER Meetuig of 4/14/08 AGENDA SECTION: CONSENT AGENDA ITEM: RESOLUTION AUTHORIZING THE CLEANING AND LINING OF 4300 LINEAL FEET OF WATER MAIN UNDER THE MINNEAPOLIS 2008 PROGRAM, CITY PROJECT NO.0803 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 4/09/08 DATE: Continued - 2008 Water Main Cleaning and Lining Program. Page 2 problem areas of the water distribution system. C-Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C-Factor is then calculated which can be used to determine the amount of riiberculation in-pipe. Another way to look at a C-Factor is it is a measurement of resistance to flow in-pipe. New pipe will have a C-Factor of 120-125. We would have expected the C-Factors in the areas tested (based on age) to be in a range of 90-95. A general rule of tlmmb is values below a range of 70-75 would indicate a pipe in poor and tuberculated condition. The measured C-Factors in the 2008 proposed program area measured from 37 to 74. Based upon the C-Factor testing, staff is recommending a 2008 Cleaning and lining Program for water main in the following sn-eets: • Jackson Alley: 50"' to 51~` Avenues • Rainier Pass: Innsbruck Parkway to end • St. Moritz Drive: Innsbruck Parkway to end • Innsbruck Parkway: Rainier Pass to St. Moritz Drive • Innsbruck Parkway: St. Moritz Drive to Argonne Drive • Innsbruck Parkway: Argonne Drive to Pennine Pass • Pennine Pass: North Upland Crest to Innsbruck Parkway • 45`h Avenue: Main Street to 3r~ Street. For Review: The process of A'Ie:hanflca! Clear2l.^.g ztsd L:;ting involves shutting do~x~n a pipe segment, cutting open and accessing (ex_cavati„g and cutting open} the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface allowing the tuberculation process to start all over. Minneapolis utilizes Cement mortar lining by applying lean cement through a rotating head of a specific diameter. As the lining machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $35 to $55 per foot, depending on the pipe diameter and severity of buildup. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. In the Jefferson area, we experienced 4-6 services per block that needed repair. Consistent with our City Code, it is the homeowner's Continued - 2008 Water Main Cleaning and Lining Program COUNCIL ACTION: 76 CITY COUNCIL LETTER. Meeting of: 4/14/08 AGENDA SECTION: CONSENT AGENDA ITEM: RESOLUTION AUTHORIZING THE CLEANING AND LINING OF 4300 LINEAL FEET OF WATER MAIN UNDER THE MINNEAPOLIS 2008 PROGRAM, CITY PROJECT N0.0803 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: 4°~'~``~r m - ~v°, DATE: 4/09/08 DATE: Page 3 responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water scivice lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. Based upon the past 3 years program. costs from the City of Minneapolis, staff is proposing a 2008 Program cost of $142,500, consistent with the amount established in the 2008 Water Construction Fund budget. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-63, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-63 which accepts the Feasibility Report for the 2008 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,300 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2008. Attachments: Resolution. Feasibility Report COUNCIL ACTION: 77 RESOLUTION N0.2008-63 BEING A RESOLUTION ACCEPTING THE FEASIB[LITY REPORT FOR THE 2008 WATER MAIN CLEANING AND LINING PROGRAIi~t AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT-N0.0803 WHEREAS, the City Council has initiated a water main cleaning and lining program under the Ciry of Minneapolis' annual cleaning and lining program. WHEREAS, a report bas been prepared by the Director of Public Works with reference to the 2008 Water Main Cleaning and Lining Program, and WHEREAS, the 2008 Water Main Cleaning and Lining Program includes the following main segments: Jackson Alley: 50`h to 51" Avenues; Rainier Pass: hmsbruck Parkway to end; St. Moritz Drive: Innsbruck Parkway to end; Innsbruck Parl.~vay: Rainier Pass to St. Moritz Drive; Innsbruck Parkway: St. Moritz Drive to Argonne Drive; Innsbnuck Parkway: Argonne Drive to Pennine Pass; Pennine Pass: North Upland Crest to Innsbruck Parkway; anal 45`x' Avenue: Main Street to 3`d Street. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on April 14, 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all. or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $142,500. 2. Such improvement is necessary, cost-effective, and feasible. 3. Such. improvement is hereby ordered as proposed in the Council Resolution adopted 14th of April, 2008, 4. These improvements shall also be known as Project No. 0803 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Dated this 14th day of Apri12008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 78 CITY COUNCIL LETTER Meeting of: 4/14/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS .~`~ ITEM: ADOPT RESOLUTION 2008-75 AWARDING BY: K. Hansen BY: ~~° '~'~1r STREET STRIPING AND RESOLUTION 2008-76 DATE: 4/8/08 DATE: ` AWARDING SEAL COAT Background: City Council authorized staffto enter a Joint Powers Agreement (JPA) with the Cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, East Bethel, Fridley, and Ham Lake to seele bids for Street Maintenance, including sea] coat and street striping. For Columbia Heights, seal coating is an annual maintenance project to help preserve the integrity and extend the life of the bituminous streets. Plans and specifications for the street maintenance project were advertised for bids in the Coon Rapids Herald on February 8`I' and 15th, 2008 and in the Construction Bulletin on February l 1 `h and 18`h, 2008. Bids were received and publicly read aloud at the February 29`h, 2008 bid opening. A copy of the bid tabulation is attached. STREET STRIPING Company AAA Striping Service Co. Traffic Marking Service, Inc. Fahrner Asphalt Sealers, LLC SEAL COAT Company Allied Blacktop Company Asphalt Surface Technologies Pearson Brothers Amount $ 60,404.00 $ 62,700.00 $ 7],190.00 Base Bid Amount Alternate Bid Amount (Trap Rock) Granite $ 1,365,932.31 $ 1,253,193.18 $ 1,536,466.93 $ 1,461,307.51 $ 1,821,897.42 $ 1,746,738.00 Analysis/Conclusions: STREET STRIPING: The JPA low bid was submitted by AAA Striping of Rogers, Minnesota in the amount of $60,404.00 (total for all cities). Funds are budgeted for this project in State Aid Maintenance ($4,000) and the General Fund -Traffic Signs and Signals ($825). SEAL COAT: The JPA low bid was submitted by Allied Blacktop of Maple Grave, Minnesota, in the amount of $1,365,932.31 (total for all cities) for Trap Rock, with an alternate bid of $1,253,193.18 (total for all cities) for Granite cover aggregate. Public ~'Jorks recommends accepting the base bid amount. From bid prices in 2007, the cost ofthe trap rack aggregate increased $0.20 per square yard to $0.73 and granite aggregate increased $0.17 per square yard to $0.64. The cost of the asphalt emulsion decreased $0.63 per ga]lon to $1.25. COUNCIL ACTION: 79 elTy coUNC~L LETTER Meeting of: 4/14/08 AGENDA SECTION: CONSENT AGENDA ~ ORIGINATING DEPARTMENT: ~ CITY MANAGER NO: PUBLIC WORKS ~ ~ ITEM: ADOPT RESOLUTION 2008-75 AWARDING BY: K. Hansen BY: c~~'.`"~~'r ;.-=~` STREET STRIPING AND RESOLUTION 2008-76 DATE: 4/8/08 BATE: i` AWARDING SEAL COAT Continued -Page 2 Recommended Motion: Move to waive the reading of Resolution No.2008-75, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-75, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2008 Street Sri•iping Project to AAA Stl-iping, based upon their low, qualified, responsible bid in the amount of $16.48 per gallon with an estimated cost of $1,040.00 to be appropriated from Fund 212-43190-4000 and $320.00 to be appropriated from Fund 101-43170-4000. Recommended Motion: Move to waive the reading of Resolution No. 2008-76, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-76, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2008 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.25 per gallon. of emulsion and $0.73 per square yard of aggregate with an estimated cost of $70,328.41 to be appropriated from Fund 415-50801-5130 and $79,102.00 to be appropriated from Fund 430-46323-5130. KH:jb Attachment: Rid Tabulation Resolutions COUNCIL ACTION: 80 RESOLUTION NO. 2008-75 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE, STRIPING PROJECT TO AAA STRIPING WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement far bids for 2008 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 60,404.00 Traffic Marking Service $ 62,700.00 Fahrner Asphalt $ 7 4 ,190.00 WHEREAS, it appears that AAA Striping of Rogers, Mumesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Columbia Heights for 2008 Street Striping, according to the specifications for said project and accepting Traffie Markings Base Bid. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. Dated this 14`h day of Apri12008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 81 RESOLUTION NO.2008-76 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2008 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company Allied Blacktop Company Asphalt Surface Technologies Pearson Brothers (Trap Rocky Granite $ 1,365,932.31 $ 1,253,193.18 $ 1,536,466.93 $ 1,461,307.51 $ 1,821,897.42 $ 1,746,738.00 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2008 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. City Seal Coat Project shall be funded with 45% assessments and 55% infrastructure fund. Dated this 14`x' day of April 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk p82 CITY OF COON RAPIDS TABULATION OF BIDS 810 OPENING 10:00 A.M. FEBRUARY 29, 2008 PROJECT OB-8 20082009 STREET MAINTENANCE MATLS 0229!00 ANpOVER, BRODKLYN CENTER, COLUMBIA HEIGHTS, COON RAPIDS, EAST BETHEL, NAM LAKE, ANp FRIDLEV PROPOSALITEMS ~CORPH DLACKTOP CO. ~ BROS.SINC. FASEALERSSI C~T STRIPING SERVICE TRSERVICE~INCING PAVEMENT MAIM. NQ DESCRIPTION UNIT OTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNR PRICE TOTAL BID SCHEDULE N0.1 1 AGGREGATE FO SEAL GOAT DRESSER TRAPROCK FURNISHtINSTALI FA-2 AGGREGATE SY 1252657 0,79 989 599.03 0.73 914 439.61 0.86 1 077 285.02 ALTERNATE-GRANITE FURNISHBNSTALL FA-2 AGGREGATE SY 1252857 0.73 814 439.61 0.84 601 700.48 0.80 i OD2125.60 Z SEAL COAT OIL FURNISHONSTALI CRS-2 SEAL COAT OIL GAL 288690 1.55 447 481.90 1.25 380 8 2.50 2.06 600 491.84 FURNISHANSTALL CRS-2P POLYMER MOD GAL 54904 1.75 96 082.00 7.55 65101.20 2.39 131 220.56 TOTAL SEAL COAT OIL 543,563.90 445973.70 131712.40 3 COVERING MARKINGS - -- FURNISHIINSTALL SCHOOL CROSSING EA 1 250.00 250,00 500.00 500.00 2500.00 Z,500.W FURNISHONSTALLXWALK PANEL 3'X6' EA 38 75.00 2850.00 120.W 4,560.00 220.00 8300.00 FURNISHlINSTALL 4' LINE-SOLID LF 204 1.00 204.00 2.25 459.00 10.00 2040.00 TOTAL COVERING MARKINGS 3 304.00 6 519.00 12 900.00 TOTAL BID SCHEDULE NO.1 BASE BID 1,636 466.93 1 ]fi5 9]2.31 1 921 897.42 TOTAL BID SCHEDULE N0.1 ALTERNATE 1 61 07.51 i 263 193.18 1,746,738.00 BID SCHEDULE ND.2 ~ 1 FURNISHBNSTALL STREET MARKINGS GAL 2300 16.50 37950.00 76.40 37904.00 15.00 34500.00 2 FURNISHANSTAIL SYM00L MARKINGS GAl 300 110.80 33 240.00 75.00 22,500.00 94.00 28 200.00 TOTAL BID SCHEDULE NO. T 71 190.00 BD 0-0.00 62,700.00 BID SCHEDULE N0.3 1 PROVIDE SPRING SWEEPING HRS 300 125.00 37 500.00 79.00 23 700.00 75.99 22 797.00 __ 2 PROVIDE FALL SWEEPING HRS 320 125.00 40000.00 75.00 24000.00 73.00 23360,00 TOTAL BIO SCHEDULE NO. 3 77,500.00 47,700.00 48,157.00 BIO SCHEDULE NO.4 --- 1 FURNISHANSTALL CRACK SEALING LF 52000 7.00 52 000.00 0.69 35 680.00 0.82 32 240,00 0.675 35100.00 SUMMARY OF BIDS TOTAL RIO SCHEDULE NO. t TOTAL BID SCHEDULE NO. t ALTERNATE t 536 486.93 1 461 307.51 1 365,932.31 1,253.193.70 1 821 897.42 i 746 736.00 TOTAL 010 SCHEDULE NO. 2 TOTAL BID SCHEDULE N0.3 77 500.00 47 700.00 46.157.00 77 190,00 fi0,404.00 62700.00 TDTAL BID SCHEDULE NO.4 52 000.00 35 8 32.240.00 35100.00 CITY COUNCIL LETTER Meeting of: 4/14/08 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS .~ ~:-,`~ ITEM: RESOLUTION ADOPTING STREET BY: K. Hansen BY: d ;~,".r..~'""~ SWEEPING POLICY DATE: 4/9/08 DATE: ` Backgo°ound: The League of Minnesota Cities (LMC} recommends that every city have a street sweeping policy that is reviewed by the City Council and approved by resolution. The Public Works Department recommends adopting a model policy developed by the LMC that details our city's street sweeping efforts and offers protection for the City of Columbia Heights from possible liability, from MPCA regulations and from an environmental perspective. Based upon the League of Minnesota Cities Model Street Sweeping policy, staffhas developed a street sweeping policy that addresses the when, where and how of performing street sweeping activities. Council adopted the original policy in 2002. Analysis/Conclusions: In 2008, the Rice Creek Watershed District along with Ramsey County has completed several lake and stream monitoring projects that collected and tested water quality samples from a number of different sources. These studies have concluded that within the watershed district, approximately 20 percent of the annual pollutants enter our water system during the first heavy spring rain. Street sweeping is considered a "best management practice" for reducing the number of pollutants in our lakes and creeks, and is identified as a requirement in our City S WPPP. Sweeping is very effective in reducing the amount of pollutants in our receiving water body system. Much of what is described in the proposed Street Sweeping Policy follows the operational procedures Public Works has been conducting for the last decade. The plan has been updated for 2008 with minor revisions to clarify operational procedures: • Miscellaneous new streets have been added that include the addition of Huset Parkway and Grand Avenue. • The street sweeping maps have been colored coded and updated with public facilities added since 2002. • TH 47 and 65 have been added to the sweeping routes. • The frequency of sweeping all streets has been modified to a minimmn of 4 times a year, and alley once a year. Public `.klcrks recommends passage of the Resolution adopting the Street S :weeping Policy. Recommended Motion: Move to waive the reading of Resolution No. 2008-78, there being ample copies available to die public. Recommended Motion: Move to approve and adopt Resolution No. 2008-78, being a resolution adopting the City of Cohnnbia Heights Street Sweeping Policy. Attachment: Street Sweeping Policy, 2008 Resolution Maps COUNCIL ACTION: 84 RESOLUTION N®. aoa~-~~ RESOLUTION ADOPTING THE STREET SWEEPING POLICY WHEREAS, a Street Sweeping Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights and is recon~unended by the League of Minnesota Cities; and WHEREAS, the Policy divides the city into street sweeping districts and defines the frequency and procedure of sweepuig City streets; and WHEREAS, the Policy identifies that sensitive watershed areas will be swept first; and WHEREAS, the Policy is consistent with the City of Columbia Heights Storm Water Pollution Prevention Program (SWPPP}. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Street Sweeping Policy is hereby approved and adopted. Dated this 14`h day of Apri12008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 85 CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT 2002 2008 updated STREET SWEEPING- P®LICY ~~ .,~.~~ . ~~ 1 ,r j -~~ i Y-",x.-- :!lam >+ fi. ``~'~'' ~` ~~ ! c„ t:~" F'~/F=.: r,~ ~xr,.~ c bta ,~ _ _ Page 1 of 5 86 1. INTRODUCTIOIS The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of sweeping on city streets. Reasonable sweeping is necessary for vehicle and pedestrian safety, water quality issues and environmental concerns. The City will provide such service in acost-effective maimer, keeping in mind safety, budget, personnel and envirorunental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Streets will not normally be posted "no parking" prior to seasonal sweepilg operations. Completion dates are dependent on weather conditions, persomlel and equipment availability. The Public Works Superintendent or his/her designee will be responsible for scheduling of personnel and equipment. 2. POLICY When Will the City Perform Street Sweeping Operations? ^ Spring sweeping of snow and ice control aggregate will begin when streets are significantly clear of snow and ice, usually late March or early April, after the risk of later snow has passed. Spring sweeping is typically completed by May 31St ^ Storm Water Quality areas will be swept on a priority basis throughout the year. ^ EnvironmentaUgeneral sweeping will be performed on a routine basis. ^ Fall sweeping will commence in early October and is typically completed by November 20`". ^ Seal coating is a surface application of an asphalt emulsion followed by a layer of small rock that protects the pavement from the deteriorating effects of sun and water plus it provides increased surface friction. Seal coat project sweepng is the responsibility of the seal coat contractor. ^ Bituminous milling recovery sweeping will be performed the day of a grildilg, millilg or crack sealing operation. ^ Erosion/siltation dirt & debris clean up from construction projects is the responsibility of the developer, contractor or property owner. Except in cases of emergency the streets shall be cleaned and swept within 24 to 72 hours of notification. If the streets are not swept within the specified time allowed or in the case of an emergency the City may sweep the street and the responsible party will reimburse the city for all associated costs. ^ Citizen requests for sweeping will be evaluated and the Street Foreman will determine the priority. 3. How will Streets Be Swept? Sweeping is a slow process with average gutter line speeds for the first sweeping ii spring that can be as slow as 2 to 3 miles per hour. Normally centerliies are swept after gutter Liles are cleaned. Equipment may include mechanical, vacuum or regenerative air sweepers. 4. Priorities The City has classified City streets based on the street function, traffic volume, impact on water quality and the environment, and the importance of the welfare of the Community. Accordingly, sweeping routes will be designed to provide maximum possible benefit to higher volume and water quality Page 2 of 5 87 sensitive areas. See attached maps or routes. All streets will be swept a minimum of 4 tunes per year. Alleys and parking lots will be swept at least once per year. 5. Weather Conditions Sweeping operations will be conducted when weather conditions permit. Factors that may delay sweeping operations include: temperatures below 32 degrees, wind, rain, snow, and frozen gutter lures. 6. Work Schedule Sweeping operations are performed i11 conjunction with and can be impacted by other maintenance operations. Sweeping operations will normally be conducted Monday-Friday, from 7:00 a.m. to 3:30 p.m. Extended workdays and shift changes maybe utilized for spring cleanup or emergency sweeping to provide maximum efficiency. For safety reasons, no operator shall work more than a twelve-hour shift u1 any twenty-four hour period. 7. Safe Sand, seal coat rock, or other dirt and debris on the street can create a potentially dangerous condition for vehicles, motorcyclists, bicyclists and pedestrians. It would not be practical or effective to sign all streets for potential dangerous conditions. Duruig seal coat operations, wan11r1g signs indicating loose rock will be placed on each end of collector and arterial streets or other appropriate areas where needed. These signs will remain in place until the street has been swept. Employees will follow all work rules, OSHA regulations, and Federal and State laws to ensure a safe sweeping operation. 8. Street Sweeping Procedure Street Sweeping Priorities for the City of Columbia Heights: Water Shed Areas: ^ Water Shed Area #1 (SE Quadrant)-Includes Hart Lake, Labelle Pond, Prestemon Pond, Silver Lake Pond, Silver Lake, and 1302 42°~ Avenue over flow area. ^ Water Shed Area #2 (NE & NW Quadrant)-Includes Highland Lake, Clover Pond, Secondary Pond, Tertiary Pond, Sullivan Pond, Sullivan. Lake and Grand Central loft ponds. ^ Water Shed Area #3 (SW & SE Quadrants)-Includes Jackson Pond, University Heights Pond, Zurek pond, 3942 Van Buren Street overflow area, Keyes Park overflow, Gauvitte Park overflow area. ^ Water Shed #4 (NW Quadrant)-Includes Hilltop Pond and 4636 Washington Avenue overflow area. Special Need Areas- Sweeping operations will begin when nighttime temperatures exceed 32 degrees and will continue on a regular basis until freezing temperatures halt the operation. ^ Main Street (from 37`" to 45th Avenues); ^ University Avenue, (37`" to 53rd Avenues); ^ Madison Place (37`" to 39`'' Avenues); Page 3 of 5 88 ^ Jefferson Street (39`" to 51"Avenues); ^ Central Avenue (37`" to 53rd Avenues); ^ 37`'' Avenue (Main Street to Stinson Boulevard); ^ 40th Avenue (Maul Street to Stinson Boulevard); ^ 44th Avenue (Main Street to Reservoir Boulevard}; ^ 49''' Avenue (University Avenue to West Upland Crest); ^ Fau-way Drive (West Upland Crest to Stinson Blvd.); ^ 53rd Avenue (University Avenue to Central Avenue}; ^ Stinson Boulevard (3T'' Avenue to Benjamin Street); ^ Benjamin Street (43rd to 45`'' Avenues); ^ 44`'' Avenue (Reservoir Boulevard to Arthur Street); ^ Arthur Street (44`" to 45'" Avenues); ^ 45`" Avenue (Arthur Street to Stinson Boulevard); ^ Stinson Boulevard (Silver Lake Beach to Argonne Drive}; ^ Circle Terrace (40`" Avenue to Reservoir Boulevard); ^ Reservoir Boulevard (37`" to 46''' Avenues). *Note: Please refer to the Street Sweeping-Water Shed Areas Map, and Special Needs and Storm Clean up Area Maps. The City of Columbia Heights Street Sweeping procedures have been established by following the "Street Sweeping"-Best Management Practices manual created by the Metropolitan Council (February 1994). Storm Clean up Areas: West Side ^ 2nd Street (42nd to 43rd Avenues); ^ 3rd Street (42nd to 44`'' Avenues); ^ University Service Road (46`'' to 49`" Avenues}; ^ Huset Parkway (37`" Avenue to Jefferson Street}; ^ 39`" Avenue (Jefferson Street to Quincy Street); ^ Jefferson Street (38`" to 41S` Avenues); ^ Quincy Street (42nd to 44`" Avenues}; ^ Jackson Street (42nd to 43rd Avenues); ^ VanBuren Street (42"d to 43rd Avenues); ^ 42"d Avenue (Quincy Street to Central Avenue); ^ 43rd Avenue (Quincy Street to Central Avenue); ^ Central Avenue (42nd to 45`" Avenues); ^ Monroe Street (47`'' to S l St Avenues); ^ 51" Avenue (Jefferson Street to Monroe Street); ^ Central Avenue (47`" to 50`" Avenues). East Side 37`'' Avenue (Tyler Street to Hart Boulevard); Hart Boulevard (37`" to 39`'' Avenues); Cleveland Avenue (39`" to 39 1/2 Avenues); Page 4 of 5 89 ^ 39`'' Avenue (Hart Boulevard to McKinley Street); ^ 39 1/2 Avenue (Cleveland Avenue to McKinley Street}; ^ McKinley Street (39`'' to 40`'' Avenues); ^ 40`'' Avenue (Benjamin Place -Stinson Boulevard); ^ Stil~son Boulevard (40`'' to 43rd Avenues); ^ Stinson Boulevard (45`'' Avenue to End (Beach Road)); ^ 40`'' Avenue (Central Avenue to Circle Terrace}; ^ Circle Terrace (40`'' Avenue to Reservair Boulevard); ^ 42°~ Avenue (Fillmore Street to Reservoir Boulevard}; ^ 49`'' Avenue (Jalnson Street to West Upland Crest); ^ West Upland Crest (Fairway to Pemiine Pass); ^ Peinine Pass (North Upland to Imisbruck Parkway); ^ Johnson Street (49`'' Avenue to hnsbruck Parkway}; ^ Imisbruck Parkway (Johnson Street to Pennuie Pass}; ^ Innsbruck Parkway West (Innsbruck Parkway to hnsbruck Parkway); ^ Pierce Terrace (Lincoln Terrace to Matterhorn Drive). Alt Local Street Areas Alleys and Public Parlang Lot Areas: G:~I'W\Public Works~POLICY~t'W policies\Street Sweeping Policy Update March 2008.doc Page 5 of 5 90 CITY COU1'y~CIL LETTER Meeting of: 4/14/08 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: CAPITAL EQUIPMENT REPLACEMENT OF UNIT BY: K. Hansen #216 JOHN DEERE MODEL 260 SKID STEER LOADER DATE: 4/9/08 WITH ATTACHMENTS, FROM THE STATE OF MINNESOTA PURCHASING CONTRACT DATE: Background: Capital Equipment Unit #216 is a John Deere mode1260 skid steer wheel loader purchased in 2001 for $12,425. Unit #216 is used primarily by the Park and Sheet Departments. The Parks Department uses it for multiple projects such as pathway construction, landscape grading and playground construction. The Street Department uses it for snow removal from public streets, site grading of public areas and material handling. It is over 7 years old with 1,463 hours of recorded operation. The bucket controls are sloppy and the pallet forks are bent and do not meet OSHA safety requirements. The shop supervisor has rated the mechanical condition and appearance as fair. Since the skid steer was purchased, $17,741 has been spent on the total cost ofrepairs. The 2008 Fublic Works Capital Equipment Replacement budget allocated $22,000 far the replacement of Unit #216. Analysis/Conclusions: When Unit #216 was purchased in 2001, skid steer wheel loaders were the standard for the construction industry. Since that time, skid steer track loaders have been developed and are now recognized as being superior to the skid steer wheel loaders for most operations. The primacy reason for this is the skid steer track loader has better traction, does not cause rutting, does not compact the soil, and can work in areas where a skid steer wheel loader would get stuck. Drivers with a Class B conunercial drivers license will be able to legally trailer the new skid steer hack loader using the city owned vehicles as large as a Ford F450 dump truck. During the last month, staff and operators have field tested and evaluated skid steer track wheel loaders of the same size classification manufactured by Caterpillar, Case, Bobcat and New Holland. State of Minnesota Contract pricine is as follows: Ziegler Caterpillar Cat Model 247B2 $21,335 plus tax St. Joseph Equipment Case Mode1420CT $23,194 plus tax Tri State Bobcat Bobcat Model T190 $25,703 plus tax Carlson Tractor New Holland Model 0175 $27,804 plus tax All pricing includes a three year wai7anty and the trade-in of the existing John Deere wheel skid steer. COUNCIL ACTION: 92 cITY couNC11., LETTEx Meeting of: 4/14/08 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER BY: x DATE: " ITEM: CAPITAL EQUIPMENT REPLACEMENT OF UNIT BY: K. Hansen #216 30HN DEERE MODEL 260 SKID STEER LOADER DATE: 4/9/08 WITH. ATTACHMENTS, FROM THE STATE OF MINNESOTA PURCHASING CONTRACT Staffrecommendation is based on projected use, price and operator review and demonstration use as follows: replace Unit #216 skid steer wheel loader with one (1) new Caterpillar Mode1247B2 skid steer track loader, equipped with bucket and pallet forks. Disposal of Unit #216 skid steer wheel loader via trade-in. MOTION: Move to authorize the purchase from the State of Minnesota Purchasing Contract one (1) new Cat 247B2 skid steer track loader, equipped with bucket and pallet fork attachments from Ziegler Caterpillar in the amount of $21,335 including h•ade-in plus sales tax. Funding is provided in equal amounts from the Street and Parks Capital Equipment Replacement Funds 431-43121-5080 and 431-45200-5080. COUNCIL ACTION: 93 cITY coVNCIL LETTER Meetuig of 4/14/08 AGENDA SECTION: CONSENT NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: RESOLUTION ADOPTING SANITARY SEWER BY: K. Hansen MAINTENANCE POLICY DATE: 4/9/08 tl ~. , ~~ ~ t ~ ~ DATE: Background: The League of Minnesota Cities (LMC) recommends that cities implement a sanitary sewer maintenance policy that is reviewed by the City Council and approved by resohrtion. The Public Works Department recommends adopting a model policy developed by the LMC that details our city's sewer maintenance efforts and offers protection for the City of Columbia Heights from possible liability, Based upon the League of Minnesota Cities Model Sanitary Sewer Maintenance policy, staffhas developed a policy that addresses the maintenance procedures, provides clear definitions, describes the frequency of maintenance activities, and creates sanitary sewer collection districts. The Council adopted the original policy in 2003. Analysis/Conclusions: The plan has been updated for 2008 with minor revisions to clarify operational procedures: • New public facilities installed since 2003 have been added which include private and public improvments. • The street sweeping maps have been colored coded and updated with public facilities added since 2002. • TH 47 and 65 have been added to the sweeping routes. • The frequency of sweeping all streets has been modified to a minimum of4 times a year, and alley once a year. Public Works recommends passage of the Resolution adopting the Sanitary Sewer Maintenance Policy. Recommended Motion: Move to waive the reading of Resolution No. 2008-79, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2008-74, being a resolution adopting the City of Columbia Heights Street Sweeping Policy. Attachment: Street Sweeping Policy, 2008 Resolution Maps COUNCIL ACTION: 94 RESOLUTION NO. 2008-79 RESOLUTION ADOPTING THE SANITARY SEWER MAINTENANCE POLICY WHEREAS, a Sanitary Sewer Maintenance Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determuzed to be in the best iiZterest of the City of Columbia Heights and is recommended by the League of Minnesota Cities; and WHEREAS, a Sanitary Sewer Maintenance Policy is consistent with the City of Columbia Heights Inflow/Infiltration Reduction Program; and WHEREAS, the policy defines the methods and procedures for adequate and routine maintenance of the sanitary sewer system; and WHEREAS, the Policy divides the city into sewer maintenance districts and defines the frequency of sewer cleaning. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Sanitary Sewer Maintenance Policy is hereby approved and adopted. Dated this 14`x' day of April 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 95 CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT SANITARY SEV'VER MAINTENANCE POLICY ,~. r - ._ .. _ ~~ _ ~- ~r p;. l ~~.~ ~:~, Adopted 2003 Revised 2008 96 Sanitary Sewer Line Policy Purpose The purpose of this policy is to provide the City of Columbia Heights procedures for maintaining its sanitary sewer system. These procedures are necessary to prevent sanitary sewer backups into homes and businesses and the natural environment. Maintenance also protects and extends the life of the city's sanitary sewer system. The City will provide such maintenance in a safe and cost effective manner, considering safety, budget, personnel, and environmental concenis. The City will use city employees, equipment and/or private contractors to conduct this maintenance. Routine Maintenance and Inspection A. Public Sanitary Sewer Lines- 1. Scope of City's Responsibility -the City will maintain the City's sanitary sewer lines. Private property owners are responsible for the maintenance of the private lines from the city's main line to any buildings. 2. Schedule -The City will clean every city sanitary sewer line on a three year repeating cycle. 3. Problem Line -This is defined as a line that has had a history of two or more backups, or has a known problem such as grease accumulation or a shallow slope. This area will be cleaned at least once a year. 4. Equipment -Lines will be cleaned with a jetter or equipped with a root saw or cleaning nozzle. The equipment used depends upon the location, type of line and if there are any known problems that are handled better with one of the machines. 5. Television inspection -Any lines that are located on a street where a street maurtenance project is planned will be inspected prior to those projects. The City will also use the camera to inspect any sewer lines ui a new development before the city accepts those lines as city lines. Camera inspection will also be available to inspect lines where there are possible problems. 6. Visual inspection - trouble-sewer Lines will be visually inspected monthly by employees looking down the manholes to determine if there are any problems. s~ Sanitary Sewer Line Policy (Continued) Page 2 &. Sanitary Sewer Lift Stations Schedule -The City will maintain the lift stations amlually using specific maintenance that is reasonable and recommended. That maintenance is reflected in the checklists developed for each lift station. 2. Electrical components - An electrician will be hired annually to inspect and maintain the electrical components of the lift stations. 3. SCADA System -The SCADA system will be checked every work day to ensure that the lift stations are working properly. Emergency Response Definitions A. Emergency Response -Occurs in response to a call from citizens, fellow employees, or an alarm that indicates that there is a possible problem in the sanitary sewer system. B. Public Works Emergency -After receiving notice of a possible problem, an employee(s) will respond and determine if there is a problem in the city's system. If there is, he or she will remedy it based upon accepted procedures. If necessary, the city employee will obtain assistance from other city employees or outside contractors such as electricians or engineers. C. Sanitary Sewer Backup response recommendations - If a property owner experiences a sanitary sewer back-up in the home, all Public Works employees should review and follow to the best of their ability the League of Minnesota Cities sanitary sewer back-up response recommendations. League of Minnesota Cities -Response Recommendations A. Emergency Contact Numbers - If the property owner is verbally abusive or hostile toward staff members; please contact the Public Works Director or Public Works Superintendent for assistance. B. Property Damage - If property damage has occurred due to a plugged sanitary sewer line, please refer the homeowner to file an insurance claim form. Once a claim form is completed, the City will submit the information to its uisurance company. The insurance claim forms are available at the City of Columbia Heights Finance Department. 98 Sanitary Sewer Line Policy (Continued) Page 3 C. Property Owners Insurance Carrier -Suggest to the property owner that he/she reports the incident to their insurance provider, D. Cleaning Companies -Please refer the property owner to use the yellow pages when selecting a cleaning company that specializes in sanitary sewer backups. E. Pictures of the Property Damage - If the property owner is agreeable, staff members should. take a few Polaroid or digital pictures of the property damage for future reference. F. Contact Numbers -The office phone number of the Public Works Superintendent should be given to the property owner in case there are any further questions or concerns. G. Insurance Provider -Public Works Superintendent or utility foreman will contact the City's insurance provider to report sanitary sewer backups that have resulted in property damage. Inflow/Infiltration Definitions: A. Inflow and Infiltration: is where storm water is misdirected into the sanitary sewer system through intentional connections such as sump pumps and roof leaders. Infiltration is where storm and ground water get into the sanitary sewer system through cracks or leaks in the sewer pipes or manholes. Inflow and infiltration can lead to backups, overflows, and unnecessary and expensive treatment of storm water. B. Inflow Reduction: To reduce inflow, the City developed a sump pump inspection program to eliminate illegal connections to the sanitary sewer system. This program includes enforcement of an ordinance banning such connections and public education to encourage voluntary compliance. C. Infiltration Reduction: To reduce infiltration, the City employees will annually inspect sanitary manholes and make reasonable repairs, considering the City Budget, to public facilities that contribute to this problem. The sewer lines are maintained and inspected pursuant to Section 2 of this policy. 99 Sanitary Sewer Line Policy (Continued) Page 4 Training : The City will provide training on a regular basis to employees that will be involved in the routine maintenance and the emergency response on the procedures to follow and then how to use the proper equipment. Weather Conditions: Sewer maintenance operations will be conducted only when weather conditions do not endanger the safety of city employees and equipment. Factors that may delay sewer maintenance operations include; sever cold, flooding, rain, snow, and wind. Documentation The City will document all of its inspection, maintenance and emergency responses for its sanitary sewer system. The City will also document any circumstances where something has occurred that limits its ability to comply with this policy. These records will be kept in accordance with the City's record retention schedule. Contingency Plan for Wastewater Collection S sy tem The City's Waste Water Collection System consists of four lift stations, SCADA alarm system, forcemains, and gravity sewer lines. Objective of Plan: Normal level of service Criteria for Invoking Plan: Electricity out to one or more lift stations Duration of Plan: Until electricity is restored Roles, responsibilities, and authority: The Public Works Director will be in charge of operating this contingency plan. The Director will assign work responsibilities in the department as needed.. If additional personnel are needed, he will use all necessary persomnel from the Public Works department. If the Public Works Director is unavailable, the Public Works Superintendent will assume the responsibilities outliled in this plan. Procedures for operating in contingency mode: Xcel Energy -Call Power Outage emergency number which is 1-800-895-1999. goo Sanitary Sewer Line Policy (Continued) Page 5 Portable generators -The city has a trailer mounted portable generator that can operate lift stations. The City's lift stations have a generator receptacle so that they can be run with the portable generator. Based on the storage in the lines and the wet well in the vicinity of the lift stations, the Public Works Director will assign employees to transport and hook up the portable generator to the lift stations. If more than one lift station is not working, the director will establish a schedule to rotate the generators between the different lift stations. If necessary, the Public Works Director will try to obtain additional generators through mutual aid agreements or rental. Vactor Truck - If the generators are not able to handle the flow, the city can draft sewage out of the lift stations with the vactor truck. Lift Station Bypass- Because of the topography in the vicinity of lift stations, the City may be able to establish a line to bypass the lift station. If needed, the Public Works Director will contact a contractor to construct this line. Temporary Overflows - If the above options do not handle flow, the City may have to temporarily direct overflows from the sanitary sewer system into storm sewer system. The City will try to mniimize the use of this option. The Minnesota Pollution Control Agency must be notified when wastewater overflows into the storm water system. Water Restrictions - If a city-wide or region wide power outage lasts more than one day; the city will consider restricting community water usage (this is to reduce flow of wastewater through the system}. Resources Plan for Operating in Contingency Mode • Public Works Director or assigned supervisor shall determine how many employees are necessary to complete the necessary job functions • Vactor Truck • Portable Generator • fetter • Pipe or hose for lift station bypass • Trucks to transport or tow generators • Hydraulic Pumps 101 Sanitary Sewer Line Policy (Continued) Page 6 Criteria for Returning to Normal Operations Mode: Electricity restored to the City's lift stations. Procedures for Returning to Normal Operating Mode: • Disconnect any portable generators that are connected to lift stations. • Remove the bypass fiom lift stations • Clean-up any temporary overflows • Monitor SCADA system to confirm returtl to normal operation. Estimated Cost of Plan: Estimated persoruiel costs: including regular, overtime and holiday pay Generator rental - Post Contingency Plan: The Public Works Director will meet with personnel who assisted in operating this plan to determine how it worked. If necessary, changes will be made for any future emergencies. Last updated on 4/5/08 G: IPYVIPublic WorksIPOLICYISanitary Sewer Lirte Mair~tenarrce Policy.doc 102 0 SANITAR DISTRICT Sanitary Districts 1 /"-"~, ~., ~~ T a Water rea~ures 0 Lot /Parcel Lines Right-of Way City of Hilrtop ~ Minneapolis Water Works cry rna~ayrE 1Nalter R. ~ehsl ary Engineer ~iEVfi1 R. I~at1S8i1 'li'i' EJ~ ;-t~':I3LI:Y ;~ iNap Saurcas -Columbia He(ghts: ~U~3IEC WOr~(S ~ c Engineoring ' G!S - -- __ CITY COUNCIL LETTER Meeting of: 4!14/08 AGENDA SECTION: CONSENT AGENDA NO: ITEM: RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR CITY PROJECT #0800: 2008 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATION S ORIGINAT[NG DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: d,,.r ,,~°'` ;,: ,, DATE:4/8/08 DATE: e Background: On January 14, 2008 Ciry Council authorized staff to seek bids for the Annual Miscellaneous Concrete Repair Program to replace/install concrete throughout the City. Plans and specifications were advertised for bids in the Focus on March 20, 2008 and Construction Bulletin on March 17 and March 24, 2008. Seven contractors requested copies of the bidding documents. Four bids were received and publicly read aloud at the Apri18, 2008 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The low bid was submitted by Ron Kassa Construction, Inc. of Elko, Minnesota, in the amount of $ 37,496.20. The unit prices are consistent with the Engineers Estimate and increased an average of 1.25% over the 2007 program trait prices. Unit prices have remained relatively constant as unit prices fi•om 2006 to 2007 actually decreased an average of 1.75° o. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk and street panels. The concrete replacement is budgeted for in the Public Works Deparnnent budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as special assessments for curb and gutter replacement in seal coat areas. Recommended Motion: Move to waive the reading of Resolution No. 2008-77, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2008-77, accepting bids and awarding the 2008 Miscellaneous Concrete Repairs and Installations, Municipal Project #0800, to Ron Kassa Construction, Inc., based upon their ]ow, qualified, responsible total bid in the amount of $37,496.20 with fiords to be appropriated from Fund 401-50800-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KH:jb Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: 104 RESOLUTION NO. 2008-77 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT NO. 0800 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0800, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contruction, Inc. $37,496.20 Standard Sidewalk Inc. $44,324.75 Concrete Ideas, Inc. $45,731.00 Create Constructions, LLC $46,785.60 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 2501" St E, Elko, Mimlesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2008 Miscellaneous Concrete Repairs and Installations, City Project No. 0800, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made ~w, ith their bids except the deposit of the successful bidder and the next lowest bidder shall be retau,ed iliitii the contract leas been signed. 3. City Project No. 0800 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. Dated this 14th day of Apri12008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 105 CITY OF COLUMBIA HEIGHTS Minutes of Bid Openliig on Tuesday, Apri18, 2008 2008 Miscellaneous Concrete Repairs and Installation Project #0800 Pursuant to an advertisement for bids for Miscellaneous Concrete Repair and Installation, an administrative meeting was held on Apri18, 2008 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Mike Lemieux, Standard Sidewalk Inc. Dan Mesh, Create Construction Kathy Young, Assistant City Engineer Bids were opened and read aloud as foIlows: Bidder TOTAL Concrete Ideas, Inc. $45,731.00 Create Constructions, LLC $46,785.60 Ron Kassa Contruction, Inc. $37,496.20 Standard Sidewalk Inc. $44,324.75 Respectfully submitted, Carol Broermann Public Works Secretary 106 CITY COUNCIL LETTER Meeting of Aari1 14, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: , ~~ " Licenses ~- NO: DATE: April 8, 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 April 14, 2008. COUNCIL ACTION: toy List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name 10010 Hancor Enterprises LLC 10130 Seubert, LLC 20028 Koke Properties 30012 M.V.A. International 30032 Ashraf LLC 30044 Ashraf LLC 30115 Riverwood Rentals, LLC 10019 Wilmer Adams 10163 Joel Anderson 20192 Christopher Andrews 20226 Myrna Bourcy 10103 Troy Bradshaw 20130 Jose Cortina Pliego 20168 Tracy Decker 30055 Martha Demetriou RY-10024 Bulbul Ferdous 20085 Lawrence Garner 20187 Mark Johanek 30036 Ruth King-Smith 12047 Matt Kraft 30169 Richard Larson 12049 Richard Levine 20232 Angel Llapa 20232 Roman Llapa 10020 Nina Mancino 20044 Edwin Matthes 12064 James Nelson 20081 Gilbert Nevils Jr. 30136 Maynard Nielsen 12075 Jennifer Picken 10132 Ronald Picotte RY-10024 Mohammod Rahman 20212 Jai Ramnarine 20394 Kathy Rudnitski 10155 Joseph Rutter 12035 Shirley Seever 20018-NC Stacy Stutelberg 20168 Christina Sundae 20082 Joseph Tohey Property Address 4812 4TH 3974 HAYES 1206 CIRCLE TERRACE 4318 3RD 940 39TH 950 39TH 4615 Tyler 5001 WASHINGTON 403 46TH 607 38TH 1132 40TH 3914 Tyler 5128 WASHINGTON 3926 ULYSSES 1400 47TH 3865 La Belle 3712 2ND 5000 4TH 539 40TH 3830 Reservoir 4201 3RD 3939 Tyler 5049 JACKSON 5049 JACKSON 4104 7TH 5229 7TH 1745 37TH 3833 Reservoir 4733 UNIVERSITY 4600 JEFFERSON 4409 ARTH U R 3865 La Belle 4550 7TH 5115 WASHINGTON 3817 HAYES 5208 WASHINGTON 218 42ND 3926 ULYSSES 1261 CIRCLE TERRACE 04/08/2008 12:59 1os Page 1 List of 2008 Rental Licenses to Approve Occupany E.D. Property Owner Name 12004 Kimberly Wegener 20022 Bret Weiman 12187 Anthony Wilczek 10052 Robert Zschokke Property Address 5250 WASHINGTON 4610 WASHINGTON 3935 Tyler 3823 POLK 04/08/2008 12:59 109 Page 2 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10031 Helen Wolnik 4112 Tyler 04/08/2008 13:12 1 ~ o Page 1 CITY COUNCIL LETTER Meeting of: April 14, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~, NO: DATE: April 14, 2008 ~ ~. BY: ~ "~ ~~'~~ X BACKGROUND/ANALYSIS Attached is the business license agenda for the April 14, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. Also being approved is the Wine/Beer license for Crosstown Eatery that was removed from the last agenda due to a typo regarding the license fee paid by the applicant. The applicant did pay the normal fee of $2,000 and all paperwork and inspections have been approved by the State. At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn 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 April 14, 2008 as presented. COUNCIL ACTION: p111 TO CITY COUNCIL April 14, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENI3A CONTRACTORS LICENSES Bldg *Residential Htg & Air *Total Comfort *Signature Mechanical *2 Guys Plumb & Htg *McGuire & Sons Pl * Inter City W & S *Local Plumbers Inc *Joe's Sewer Service *Plumb Right Corp. *Den-Mark Plumb Michigan Rentals *Northside Siding *Greiner Construction *Englund Roofing 1815 E. 41St Ave, Mpls 4000 Winnetka Ave N, New Hope 8260 Arthur St. Sp Lk Pk 208 Capital Dr, Buffalo 1424 3`d St. N, Mpls 11384 Crow River Dr. Hanover PO Box 2066, Burnsville 5000 Pioneer Tr, Loretto 1216 82°`~ Ave No, Brk Pk 8445 Quail Hill Rd, Maple Grove 6652 Pinnacle Dr, Eden Pr 6391 Monroe St, Fridley 625 Marquette #840, Mpls 693 Raymond Ave, St Paul *Bluemel's Tree 551 Dru Dr, Hudson, WI *Electro Neon & Design 1680 99th Lane NE, Blaine WINE/BEER LICENSE POL,F,BLDG,ZA Crasstawn Eatery 5025 Central Ave $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $2,000 $60.00 p112 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: April 14, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed iil the attached check register covering Check Number 125282 through 125510 in the amount of $ 1 495 678.75 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 113 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS :/10/2008 15:34:15 Check History GL050S- ~T06.74 COVERPAGE GL540R **************************** *************** ********************************** *** C O U N C I L *** * *** C O U N C I L *** * *** C 0 U N C I L *** * *** C 0 U N C I L *** * **************************** *************** ********************************** 'port Selection: >tional Report Title.......04/14/2008 COUNCIL LISTING 1CLUSIONS: ind & Account .............. ieck Date .................. >urce Codes ................ >urnal Entry Dates......... >urnal Entry Ids........... ieck Number ................ ~oject ..................... ~ndor ...................... ivoice ..................... irchase Order .............. ink ........................ Sucher .................... Teased Date ............... .eared Date ................ iclude Exp/Rev Closing Entries thru thru thru thru 125282 thru 125510 thru thru thru thru thru thru thru thru N thru in Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 Y Y 114 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS ':/1 0/2008 15 Check History GL540R-v06.74 PAGE 1 04/14/2008 COUNCIL LISTING INK VENDOR CHECK NUMBER AMOUNT ~1~TK CHECKING ACCOUNT ALCORN BEVERAGE CO INC 125282 268.75 AMERICAN BOTTLING COMPAN 125283 183.12 BELLBOY CORPORATION 125284 581.80 BERGGREN/KIM 125285 41.73 CAPITOL BEVERAGE SALES L 125286 28,662.01 CHISAGO LAKES DISTRIBUTI 125287 6,014.60 CITY OF COLUMBIA HEIGHTS 125288 199,027.27 COLUMBIA HEIGHTS I 125289 7,731.20 COPELAND BUILDING CORP 125290 231,464.40 DANIMAL DISTRIBUTING INC 125291 881.90 GENUINE PARTS/NAPA AUTO 125292 629.71 GRAPE BEGINNINGS INC 125293 331.70 GREATER METROPOLITAN HSG 125294 15,000.00 GRIGGS-COOPER & CO 125295 50,448.15 HOHENSTEINS INC 125296 6,376.15 JACKELS/LEO 125297 3.08 JOHNSON BROS. LIQUOR CO. 125298 38,852.25 LEAGUE OF MINNESOTA CITI 125299 60.00 MARK VII DIST. 125300 15,718.03 NAWROCKI/BRUCE 125301 1,329.51 ONVOY INC 125302 3,585.05 PARTENHEIMER/KIRSTEN 125303 83.58 PAUSTIS & SONS WINE COMP 125304 899.00 PETTY CASH - CAROL BROER 125305 100.00 PETTY CASH - LIZ BRAY 125306 88.66 PLYMOUTH PLAYHOUSE 125307 100.00 PROSOURCE TECHNOLOGIES I 125308 7,358.74 QUALITY WINE & SPIRITS 125309 1,470.02 QWEST BUSINESS SERVICES 125310 28.20 QWEST COMMUNICATIONS 125311 91.67 SALUD AMERICA INC 125312 344.00 SPECIALTY WINES & BEVERA 125313 88.50 SPRINT INC 125314 83.40 SURLY BREWING CO INC 125315 430.00 TRI COUNTY BEVERAGE & SU 125316 366.40 VERIZON WIRELESS 125317 31.95 VINOCOPIA INC 125318 680.20 WELLS FARGO BANK 125319 7,708.69 WINE COMPANY/THE 125320 1,990.45 WINE MERCHANTS 125321 1,405.69 WORLD CLASS WINE 125322 2,127.00 AMERICAN BOTTLING COMPAN 125323 360.87 ANOKA COUNTY 125324 150.00 ANOKA COUNTY - ES 125325 675.00 BALLENTINE/RICHARD 125326 150.00 BEALL/GAIL 125327 490.00 BRECKENITCH/LAURIE 125328 61.09 115 :S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS './10/2008 15 Check History GL540R-V06.74 PAGE 2 04/14/2008 COUNCIL LISTING ~i~TK VENDOR CHECK NUMBER AMOUNT INK CHECKING ACCOUNT CAPITOL BEVERAGE SALES L 125329 23,973.72 CENTER POINT ENERGY 125330 11,580.10 CHISAGO LAKES DISTRIBUTI 125331 3,916.50 COPELAND BUILDING CORP 125332 7,400.45 DEX MEDIA EAST LLC 125333 332.55 FIRST NATIONAL INSUF~ANCE 125334 1,000.00 FIRST STUDENT INC 125335 350.71 G & K SERVICES INC 125336 168.97 GREATER METROPOLITAN HSG 125337 75,780.00 GRIGGS-COOPER & CO 125338 7,482.88 HANDT/ROBERT 125339 244.05 HOHENSTEINS INC 125340 1,823.95 INTEGRA TELECOM INC 125341 161.97 IPC PRINTING 125342 40.48 JOHNSON/LEIGH 125343 500.00 JOHNSON/RICHARD 125344 375.00 JONES/GERRY 125345 19.75 KROLL/LORRAINE 125346 42.00 KULZER/BOBI 125347 298.65 CINDER'S GREENHOUSES 125348 80.45 LOPER/LISA 125349 6.99 MAR.KOW/JENNIE 125350 42.00 MOELLER/JOY 125351 153.65 MOSER/AMY 125352 50.88 OUCHAGOUR/SIMON 125353 450.00 PETTY CASH - KAREN MOELL 125354 94.45 PHILLIPS WINE & SPIRITS 125355 16,511.99 QUALITY WINE & SPIRITS 125356 16,120.46 RICOH Ai'`~iERICAS CGRPGRATI 125357 63.90 SHAFER/TESS 125358 42.00 SHAMROCK GROUP-ACE ICE 125359 267.44 STAGES THEATER COMPANY 125360 55.00 STRETCHER'S GUN'S INC/DO 125361 887.31 T-MOBILE INC 125362 392.12 TOMASOVICH/JOZEF 125363 127.74 TRI COUNTY BEVERAGE & SU 125364 87.80 VALDETTARO/VIOLET 125365 300.00 VERIZON WIRELESS 125366 239.17 WAL-MART 125367 88.32 WOLNEY/JOE 125368 50.00 XCEL ENERGY (N S P) 125369 17,000.75 ACE HARDWARE 125370 399.16 BENNETT COMMUNITY CONSUL 125371 2,123.75 CAPITOL BEVERAGE SALES L 125372 12,711.43 CITY OF COLUMBIA HEIGHTS 125373 173,230.71 COCA-COLA BOTTLING MIDWE 125374 2,335.90 CREATIVE FORMS & CONCEPT 125375 455.62 116 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS :/10/2008 15 Check History GL540R-V06.74 PAGE 3 04/14/2008 COUNCIL LISTING ~I`~TK VENDOR ~I~TK CHECKING ACCOUNT DEX MEDIA EAST LLC FARMER-BOCKEN FSH CONTNIUNICATIONS, LLC GENUINE PARTS/NAPA AUTO GORDON/DENISE GOURAS/TIM GRIGGS-COOPER & CO HANSEN/KEVIN HENDREN/STACEY R JOHNSON BROS. LIQUOR CO. LOADER/REBECCA MAHCO MEDICINE LAKE TOURS MINNESOTA COACHES INC O'BRIEN/DANIEL PETTY CASH - LIZ BRAY PHILLIPS WINE £~ SPIRITS PREMIUM WATERS INC QUALITY WINE & SPIRITS RICOH AMERICAS CORPORATI SCOTT-IMPREST CASH/LARRY SENSIBLE LAND USE COALIT UNIVERSITY OF MINNESOTA USA MOBILITY WIRELESS IN XCEL ENERGY (N S P} AAA AWARDS ACCURINT ACE HARDWARE ACS FIREHOUSE SOLUTIGNS ALEX AIR APPARATUS INC ALLIED-BFI WASTE SYSTEMS ALLINA MEDICAL TRANSPORT ALTO CONSULTING & TRAINI AMERICAN PLANNING ASSOC. AMERICAN WATER WORKS ASS AMERIPRIDE INC ANOKA COUNTY ANOKA COUNTY - GOVT CEN APACHE GROUP OF MINNESOT ASPEN MILLS, INC. ASTLEFORD INTERNATIONAL BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BELNICK INC BONESTROO BOUND TREE MEDICAL LLC CHECK NUMBER 125376 125377 125378 125379 125380 125381 125382 125383 125384 125385 125386 125387 125388 125389 125390 125391 125392 125393 125394 125395 125396 125397 125398 125399 125400 125401 125402 125403 125404 125405 125406 125407 125408 125409 125410 125411 125412 125413 125414 125415 125416 125417 125418 125419 125420 125421 125422 AMOUNT 71.10 8,309.44 60.00 222.78 50.00 122.31 27,784.00 175.00 5.91 15,859.82 39.50 80.00 1,170.00 1,198.80 143.43 73.67 12,262.44 68.25 17,702.71 27.00 2,000.00 35.00 90.00 95.85 53.72 36.95 134.00 5.30 1,190.28 725.00 89,725.73 407.00 765.00 245.00 319.00 34.41 93,993.00 4,902.00 880.86 1,832.33 86.61 2,635.06 300.95 13,527.00 103.99 1,180.96 750.50 117 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS :/10/2008 15 Check History GL540R-V06.74 PAGE 4 04/14/2008 COUNCIL LISTING sNK VENDOR CHECK NUMBER AMOUNT ~I~TK CHECKING ACCOUNT BRADLEY & GUZZETTA LLC 125423 1,017.50 BUILDING FASTENERS 125424 6.13 CAMDEN PET HOSPITAL, INC 125425 1,226.12 CEAM 125426 120.00 CHERNIN/ALEKSANDR 125427 105.00 CHET'S SHOES 125428 151.30 CITY PAGES 125429 1,856.00 COL HGTS FIREFIGHTERS AS 125430 86.95 COLUMBIA HEIGHTS RENTAL 125431 2,334.77 CONTINENTAL RESEARCH COR 125432 1,018.14 CROWN TROPHY 125433 16.99 CSC CREDIT SERVICES INC 125434 25.11 DAMS, DONALD E 125435 2,000.00 DELTA HOSPITAL SUPPLY IN 125436 88.60 DEMCO MEDIA 125437 101.75 DIAMOND VOGEL PAINTS 125438 204.48 DNR ENTERPRISES 125439 1,048.01 EGAN OIL COMPANY 125440 13,679.45 EHLERS & ASSOCIATES INC 125441 370.00 EMERGENCY AUTOMOTIVE TEC 125442 168.48 FACTORY MOTOR PARTS INC 125443 499.71 FIDELITY BUILDING SERVIC 125444 5,167.90 FLEX COMPENSATION, INC 125445 199.50 G & K SERVICES INC 125446 905.31 GENE'S WATER & SEWER INC 125447 3,612.80 GENUINE PARTS/NAPA AUTO 125448 773.25 GOODIN CO. 125449 62.25 HD SUPPLY WATER WORKS 125450 1,332.00 HOME i:)EPOT #2802 i2545i 259.58 HOTSY EQUIPMENT OF MINN 125452 77.54 INTEGRATED LOSS CONTROL 125453 756.00 INTERSTATE POWERSYSTEMS 125454 40.95 IPC PRINTING 125455 47.94 J-BERD MECHANICAL CNTRCT 125456 5,085.64 KENNEDY & GRAVEN 125457 818.00 KRONER COMPANY 125458 586.98 LAWSON PRODUCTS INC 125459 58.80 LEAGUE OF MINNESOTA CITI 125460 455.00 LIFELOC TECHNOLOGIES 125461 42.75 MARCO, INC 125462 30,701.59 MARSHALL CONCRETE PRODUC 125463 3,675.24 MENARDS CASHWAY LUMBER-F 125464 427.69 METRO AREA MANAGEMENT AS 125465 20.00 METROPOLITAN COUNCIL WAS 125466 70,075.34 MIDWAY FORD 125467 72.59 MINNEAPOLIS FINANCE DEPT 125468 240.00 MINNEAPOLIS OXYGEN CO. 125469 11.91 118 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS _/10/2008 15 Check History GL540R-V06.74 PAGE 5 04/14/2008 COUNCIL LISTING sI~TK VENDOR ~I~TK CHECKING ACCOUNT MINNEAPOLIS PARK & REC B MINNEAPOLIS SAW CO INC MN DEPT OF LABOR & INDUS MN FIRE SERVICE CERTIFIC MN HIGHWAY SAFETY & RESE MN SECRETARY OF STATE OF MUNICI-PALS OCCUPATIONAL DEVELOPMENT OFFICE DEPOT ONVOY INC PERFORMANCE OFFICE PAPER PLANT & FLANGED EQUIP CO POST BOARD PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I QWEST COMMUf~ICATIONS RANDOM HOUSE, INC RETAIL DATA SYSTEMS OF M RICOH AMERICAS CORPORATI ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SCHOLASTIC LIBRARY PUBLI SETTER & ASSOCIATES LLC SHERWIN WILLIAMS STREICHER'S GUN'S INC/DO SUBURBAN SOFTBALL LEAGUE SUN PUBLICATION INC SURPLUS SERVICES THOMSON GALE TOUSLEY FORD TOWER ASPHALT INC UNITED RENTALS NORTHWEST UNIVERSITY OF MINNESOTA UPSTART- DIVISION OF HIG US AUTOFORCE USA MOBILITY WIRELESS IN VERIZON WIRELESS WW GRAINGER,INC ZEP MANUFACTURING COMPAN ZIEGLER INC CHECK NUMBER 125470 125471 125472 125473 125474 125475 125476 125477 125478 125479 125480 125481 125482 125483 125484 125485 125486 125487 125488 125489 125490 125491 125492 125493 125494 125495 125496 125497 125498 125499 125500 125501 125502 125503 125504 125505 125506 125507 125508 125509 125510 AMOUNT 315.00 387.13 306.10 510.00 1,376.00 40.00 25.00 141.41 911.46 3,036.14 472.86 411.36 720.00 19.30 4,434.64 111.21 203.15 180.00 861.76 8.00 45.00 530.61 120.25 5,421.75 90.82 42.62 1,350.00 1,550.49 40.00 24.72 81.93 1,686.96 1,475.18 375.00 123.75 22.75 32.27 54.45 107.61 489.06 16.07 1,495,678.75 *** 119 'S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS ./10/2008 15 Check History GL540R-V06.74 PAGE 6 04/14/2008 COUNCIL LISTING INK VENDOR CHECK NUMBER AMOUNT REPORT TOTALS: 1,495,678.75 RECORDS PRINTED - 001404 120 ~S FINANCIAL SYSTEM 6/10/2008 15:34:18 Check History TND RECAP : TND --- DESCRIPTION ---------------------------- DISBURSEMENTS )1 GENERAL 173,038.30 71 COMMUNITY DEVELOPMENT FUND 11,024.56 _2 STATE AID MAINTENANCE 719.67 :5 CABLE TELEVISION 1,031.24 0 LIBRARY 7,223.12 i1 TWENTY-FIRST CENTURY PROGRAM 677.98 '0 DARE PROJECT 1,237.50 )8 EDA HOUSING MAINTENANCE FUND 90,780.00 _5 CAPITAL IMPRVMT - PIR PROD 363.65 _8 CONTTMITNITY CTR CAPITAL BLDG 7, 358 .74 :0 CAP IMPROVEMENT-DEVELOPMENT 4,804.64 .0 INFRASTRUCTURE FUND 765.00 .6 CAPITAL EQUIP REPLACE-LIQUOR 263,280.22 )1 WATER UTILITY 10,195.07 )2 SEWER UTILITY 71,649.36 )3 REFUSE FUND 89,895.62 14 STORM SEWER UTILITY 403.36 ~9 LIQUOR 350,852.68 i2 SEWER CONSTRUCTION FUND 2,895.04 )1 CENTRAL GARAGE 26,011.52 :0 DATA PROCESSING 232.45 30 PERMIT SURCHARGE 331.10 >4 INSURANCE 8,450.45 >5 PAYROLL FUND 372,257.98 >7 FLEX BENEFIT FUND 199.50 )TAL ALL FUNDS 1,495,678.75 sI~TK RECAP iI~TK NAME DISBURSEMENTS iI~TK CHECKING ACCOUNT 1,495,678.75 >TAL ALL BANKS 1,495,678.75 121 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetii~ of April 14, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: p ITEM: Approval of a Mnor Subdivision for BY: Jeff Sargent, City Planner BY:~r.~ '~ property at 4910 Central Avenue DATE: Apri13, 2008 BACKGROUND: At this time, Border Foods d/b/a Taco Bell is requesting a Minor Subdivision ofthe property located at 4910 Central Avenue in order to split off 11.5 feet of land needed to complete the construction of a new Taco Bell restaurant located at 4900 Central Avenue. Border Foods owns both parcels of land and need the additional 11.5 feet of land. u1 order to maintain the proper building and parking setbacks, parking stall lengths and drive aisle widths requi-ed by City Code. The applicant has also agreed to demolish the existing car wash building as part of the approval of the minor subdivision. The Planning Commission reviewed the site plan at the April 1, 2008 Planning and Zoning Meeting and approved the site plan, as it was consistent with the City Zoning Codes and the Design Guidelines for Central Avenue. The proposed Mnor Subdivision was also recommended for approval with a 5-0 vote, as it is contingent on the development of the property. RECOMMENDATION: Border Foods has worked closely with City Staffto present a proposal that is consistent with the intent of the Design Guidelnes and the Zoning Ordinance. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. The proposed project will also include the removal of an abandoned car wash building, which will be a benefit to the City. Far these reasons, staffrecommends approval ofthe minor subdivision. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-68, there being ample copies available to the public. Move to adopt Resolution No. 2008-68, approving a Mnor Subdivision of the property located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2008-68. Attac%ments: ltesotutton 1UU~-btf; Y+L Memo; Locatrorr Ma1~, SateYlarr, liualdrrlQ ~[evatrons COUNCIL ACTION: 122 RESOLUTION NO. 2008-68 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BORDER FOODS, INC. WHEREAS, a proposal (Case No. 2008-0401) has been submitted by Border Foods, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4910 Central Avenue 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 April 1, 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 iii 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 width requirements established for the zoning district i11 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 ofthis 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 §9.114 123 Resolution No. 2008-68 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other iliformation shall become part of this subdivision approval. CONDITIONS: 1. In conjunction with the issuance of a demolition pern7it for the buildrl7g at 4900 Central Avenue, the applicant shall obtaui a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit far the construction ofthe new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with seed or sod. Passed this 14`h day of April 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 124 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0401 DATE: April 1, 2008 TO: Columbia Heights Planning Commission APPLICANT: Taco Bell, Border Foods, Inc. LOCATION: 4900-4910 Central Avenue REQUEST: Minor Subdivision, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Border Foods, Inc. d/b/a Taco Bell is requesting a Site Plan approval for the construction of a new 2,062 square foot restaurant located at 4900 Central Avenue. The applicant is also requesting a Minor Subdivision of the property located at 4910 Central Avenue in order to split off 11.5 feet of land needed to complete the construction of the new restaurant. The applicant has also agreed to demolish the existing car wash building as part of the approval of the minor subdivision. BACKGROUND On February 7, 200F, Border Foods acquired the Dave's Car Wash property located at 4910 Central Avenue. After the acquisition, the applicant contacted the City of Columbia Heights, indicating their desire to redevelop the site to include a new Taco Bell restaurant and a Starbucks Coffee Shop. On August 8, 2006, Border Foods presented the Planning Commission with a proposal that included a new Taco Bell building as well as a new Starbucks Coffee Shop. The proposed plans required three variance and thirteen deviations from the Design Guidelines. City Staff recommended denial of the proposal and the Planning Commission in turn recommended denial of the project to the City Council. Border Foods withdrew the application prior to the City Council meeting. At this time, the proposal includes the reconstruction of only the Taco Bell building. There are also no variance requests associated with the proposal and only two deviations from the Design Guidelines. Staff has worked closely with Border Foods for City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 the past several weeks, and Border Foods has made great efforts in drafting plans that meet the overall intent of the Design Guidelines. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These include strengthening the image of the community as a desirable place to live and work; providing opportunities and mechanisms for successful redevelopment of targeted areas; preserving and enhancing the existing commercial areas within the community; advocating high quality development and redevelopment within the community; and enhancing the economic viability of the community. The applicant's proposal is a commercial proposal and therefore consistent with the Comprehensive Plan in this regard. The Design Guidelines were adopted by the City Council after one year of preparation by a citizens group that included residents, as well as Central Avenue business owners. The guidelines were established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality of these corridors, and supporting the goals of the Comprehensive Plan. The guidelines represent the minimum standards for design quality and have been implemented by Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue. Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the redevelopment of the Industrial Park. Even though the proposed plans submitted by the applicant include two deviations from the Design Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The properties located at 4900-4910 Central Avenue NE are zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential. The property to the south is located in the City of Hilltop. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of dining area. The proposed restaurant will have 627 square feet of dining area, requiring 16 parking stalls. In total, the project requires 22 parking stalls. The proposed plans indicate a total of 25 parking stalls on site. Drive-Thru Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive thru lane. The proposed plans indicate seven (7) stacking spaces. Landscaping. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a Page 2 126 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4900 Central Avenue has 341 feet of street frontage, and incorporates 25 parking spaces. This requires eight (8) trees, one of which shall be an over-story tree, and 250 square feet of landscape area. The proposed plans indicate a total of eight (8) trees, seven of which are over-story trees, and approximately 1,770 square feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan far the project will be 17 shrubs and over 200 perennial flowers. signage. The current Taco Bell incorporates a freestanding pylon sign. The proposed plans indicate the removal and replacement of the pylon sign with a monument sign, consistent with the minimum standards of the City's Sign Code and Design Guidelines. The monument sign will be 8 feet in height and will have 19 square feet of signage on both sides. The proposed monument sign will also incorporate some franchise architecture, which is allowable. Wall signage will be limited to three (3) signs at approximately 20 square feet per sign, for a total of 60 square feet for the entire building. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. Since this building is on a corner, it has a total of 103 feet of frontage, permitting 200 square feet. The proposed plans indicate a total of 60 square feet of signage. Stormwater Management. The applicant is proposing to use a system of two rain gardens to help control the rainwater runoff from the property. The first is located between the building and Central Avenue and the second is located between the building and 49th Avenue. The City Engineer has reviewed the plans for these rain gardens and has determined that they meet City requirements for rate control but only partially meet the requirements for water quality. A partial storm water management fee will be calculated and applied to the project to make up for the difference. Design Guidelines. The project is located at 4900 and 4910 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. They were developed by consultants, and a Citizen Task Force with representatives from the City Council, Planning Commission, area business owners and landowners, and interested citizens, and are mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific Page 3 127 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 physical conditions of the site or building would make compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as fol{ows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. Border Foods has worked with City Staff by taking away design elements of the building that would have otherwise identified the building as a Taco Bell. These elements have been reincorporated into the monument sign design. The proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building facade and Central Avenue. The proposed location of the drive-thru elements is located on the south side of the building, behind the front face of the restaurant. The orientation of the building to Central Avenue is directly related to the location of the drive-thru facilities. Border Foods and City Staff agreed that it would be more desirable to have the drive-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The Taco Bell building design incorporates a cultured stone sill, windows, awnings and building projections, all achieving the intent of the Design Guidelines. BUILDING MATERIALS. The building will incorporate cultured stone and EIFS, which are all acceptable building materials far the district in which the building is located. BUILDING COLOR. Principal building colors should consist of subtle, neutral or muted color with low reflectance. The original color palate for Taco Bell buildings incorporate bright bold oranges, yellows and browns. Border Foods has worked with City Staff to drastically mute the color palate and have proposed the new color scheme for the building. The proposed building colors meet the Design Guidelines. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. Page 4 128 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 The proposed subdivision will split off 11.5 feet of land from the property to the north and add it to the southern property. No new developable land will be created as a result of the proposed lot split. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The minimum lot area and lot width requirements have been met with the proposed lot split. (d) The proposed subdivision does not require the dedication of public rights-of- way for the purpose of gaining access to the property. The public alley to the west of the property currently accesses the property at 4910 Central Avenue. The proposed lot split will not require new dedications of public rights-of--way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. Page 5 129 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 FINDINGS OF FACT (Site Plan Approval) Section 9.014 (M) of the Columbia. Heights Zoning Code requires that the Planning Commission make each of the following four (4) findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highway District. There are two proposed deviations from the Design Guidelines for the construction of the Taco Bell building as currently presented. They include the following: Building Placement. The Design Guidelines require the buildings to have a well-defined front facade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Taco Bell building does not have awell-defined front facade facing Central Avenue. The main fagade faces the north, into the parking lot, which does not meet the Design Guidelines criterion. After extensive research, Staff determined that the proposed placement of the building on the property is the only location that will adequately provide the number of parking stalls required, while still providing the adequate parking setbacks, drive aisle widths and drive-thru facility placements. As stated previously, the orientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agreed that locating the drive-thru elements correctly had a greater visual impact than orienting the building correctly. Building Height. All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys amulti-story appearance even if the building has only one occupied floor. The majority of the Taco Bell building will be 18' - 8%" in height. The front entrance tower, however, will be 22 feet in height. The intent is to have the entire building a minimum of 22 feet in height in order to create atwo-story appearance. With the width of the Taco Bell building at 28 feet, raising the overall height to 22 feet creates a disproportional appearance to the building, causing it to look abnormal. The overall intent of the Design Guidelines is to create aesthetically appealing structures. The proposed building is proportional in shape and meets this intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building, and therefore consistent with Page 6 130 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-of--way. RECOMMENDATION Border Foods have worked closely with City Staff to present a proposal that is consistent with the intent of the Design Guidelines and the Zoning Ordinance. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. The proposed project will also include the removal of an abandoned car wash building, which will be a benefit to the City. For these reasons, staff recommends approval of the site plan and minor subdivision. Motions: Move to waive the reading of Resolution No. 2008-PZ04, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ04, being a resolution appraving a site plan, for a Taco Bell restaurant located at 4900 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. A!I erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 2. Prior to issuing a building permit, a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. 3. Applicant shall provide copies of MnDOT (Central Avenue =TH 65} and Anoka County (49th Avenue = CSAH 4) review letters to the Engineering Department. Please copy the City Engineer on any return correspondence. 4. Any revisions to the sidewalk in the Public ROW shall meet the most current Page 7 131 City of Columbia Heights Planning Commission April 1, 2008 Taco Bell, Lot Split, Site Plan Approval Case # 2008-0401 ADA and City requirements for pedestrian ramps and grade. 5. The existing concrete alley shall be restated in-kind, full width, joint to joint, and shall meet City requirements. 6. A construction NPDES permit is required for the project. 7. Closure of the alley shown on the north property line is unacceptable. The alley must be accessible during construction. 8. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. 9. A storm water management fee shall be paid by the applicant in order to mitigate the inadequate treatment of storm water. The City Engineer will determine the fee. Motion: That the Planning Commission recommends that the City Council approve the minor subdivision for the property located at 4910 Central Avenue to aid in the construction of a new Taco Bell building located at 4900 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. In conjunction with the issuance of a demolition permit far the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with seed or sod. 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AVENUE u° A • ~a~$ ~ N mo COLUMBIA HEIGHTS, ,~„ ~~ ~~ ~ MINNESOTA ~ ~ ~ ~ ~°~" SITE PLAN ~ a~ ~nH rl S{ I ,m form 7 I xona 1 ~ .a~' 1 ,' ' r I p ro~ I t t I xw.ar xa \ o"' t ~ ~~'' Q \\ t % + J a' I. 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I ~ 1 I O 1 53.9 , ~ I ~ ~ I 9 non t1.~s I ~I~'° ,s I z I b I ¢ ~ 1 _ __ t' mux+~o _ __... ~ rfn ~ I Hasa ~ ' .~ ~' i r 'x'11 + ~ I ~ I "'' - - " a = - = ' ra I xoua ( ~ I( ~ \\ I t ~ I ~ \~ ~ I ~ ~ \` _ r 5 p. ~j ~ 0 I ~ J~al`~ 1 -- n ( 4 111 C qi p j z,nn i ~~ ~ _-A .__ -•- ~_~~, ~ '11 _ , 'a~ _.~r' _-'~-~- rr^ ` Cfi- ~M -"`-'t ~I ~l ear....`. I ~ I~ ~,~'~ t {-z t ~ I 8 `\ +t \1 / r ~ ~ swa _ ° t I \ ~ xn+.(}!\ t +gl~~ \~I~~ I ~~~~~~-zaure x°'>(~' ~1_" __~ Axmw ~ ~n \ 4 ~•s \ ( ~.~ ~n Y 7 ~ r yY~~ a+ ~b an \ I ~'•~~ ~ ~~`~-~ ~-..~_ rmrw.,ruaan- I ~h y1 I ~ n ~ G s a.le - I i xama t j~ iii mooow.mn 1 I rr, ?+t u ~ z va .ea ~I ~ i t ` it - - l^t..! ~ I~~~ a% c Al / ~ ~ o t I "~ q1 ui i 'r yer I - 13 i ~sy~ i ~ ~Ooa~ .nzw ~"'--...`-x.~ (+ ~ ~p\ 0 0--.,--.o-o--o--. ` I -~- I ) . J l ~ ~/ ar wannaxN I / ~ 1 ~ ii of rr+i rtooo +r o t ~ ~ A~ ',``ae ~ 9 ~ 4~ I H AV NU~'~El. ;. ,~~,n--~;-e-~r. m g r.w ~\ oa, 4--I--4eao` _._.'q-..• 4 e~~r 4 -L.~ "ae ~ -- 13 6A 6 ~ sn,ar ~ N89'2T25°W%330. ~ w~r~i eawa \ ~ix~ar rN u~nioO1 \ aurae I I REY1510Ht eL11.06 COeft AwAH w EXISTING CCINDITItJNS PLAN 0 2O 40 60 CRAPHfC SCALE IN fEEr LEGEND x 995.0 EaiaUnq Spots EMva9on fzieUrp 9oandory Exietsaq 8uildinq -- ExlaUng Contours Exlslfng Curb -------- ExieUnq Easement _.... ....., . Ezlslinq Mght-ei-Way -p Existing Sanitary Sewer - Foisting Skawalk -bD------ - Edding Storm Sneer -1 EelaUog Water Mafn _____ a- ExieUop Coe Lke -,_, r~ Exidkg Tmlapkona Nne ,~a~_ Existing Orarhaad Wikty _pc~ Existing Overhead EleobW ---pr- Existing Overhead Tetephans • Extatinq trop Manummat Found Da £adetk,g Water Yehro p Exdstkrg Eleohted Box EI ExbtMg Colch 8ae9s m Edailnp Telephone Monhde D ExlatMg Canasta Padastd For Vacama ~ ExfalkW Sanitery Manhdo $F Extatkp Light Pde "0" Edatlrp Sign p E>iatl~ Bdlard •b Exleltnq Hydrant d Exbting Powa Pde • ExbOng Cwb Slop S~iEET If~REX c-o COIER sffEET aT fxlsfRtc coNamars PLAN G~2 DEMO18IXd PLAN c-3 srrE PWt Wb S4~ N~ AtNACE k EROSION CONTRd. PLAN C-8 U1AffYPLAN C-7 DETAAS c-e eErAns L-f LANDSCAPE PLAN L-T UCfIRNC PLAN Border Plods, Ma 986 Oaoatur Avs. North Ciafden Valley, MN bS427 Conled: Sara aasneNS! ', on.,,.", naa+ ue.aarn ~. V I _.I ' ~ m ~ ~~~ ~~ o ~~~~~~ ~la~~ , x ~j~saS~ U (~ ~~~111"' ~~~~\ ~~ ~ ~~ ~5 ~$ ~€~ ~ ~o mm ~~p~~ b ~~5~~ N ~~ggE y _E~ S $ p~ K a z Cz t~~ ~~ J ~~ V Z ..f ~ ~ ~ W x ~~ ~ ~ Um N z ~ 83 ~~ l-' f ~ N LJ mt,Wrt sy m aaacEO eY ee HATE SSUEO i-30.88 scuE t' , 20' J08 ND. OSD DWOT C~1 PARCEL DESCRIPTIONS Ortchgi Parcel 6ascriglkns: Pared 1 - "Grantee"s Parcel" 4oie f7 and 18, Rovteod Avditore Subdlvlslon Numbs 15, according to the rarwrded plat Ihareol, Anoka Cauniy, Minnesota Parcd 2 - `Grantors Parcel' The south i12,0O tact of Lot 18, Revised Auditors Su6dlviaton Number t5, according to the recorded plat thereof, Anoka County, Minnesota Tho south ft.5 feat of Lof 16, Revised Audltora Subdivlalon Number 15, according to the recorded plat thereof, Anoka County, Minnesota. Rpbgl~ing Omrrrettana+ Pacai 1 - 'Grantor's ParceP Tha south t1~6 feet Lo{ T8, Lnt 17 and Lot 18, flevlsed Auditors Subdltiaelon Number }5, according ko the recorded plat thereat, Anoka County, Minnesota Parcel 2 - "Grantor's Parcat" The north 100.50 feat of the south f12.00 feel of Lot 15, Rsvieed Aut9tore SubdlNslon Number i5, according to the va recorded plat thereof, Anoka County, Minnesota. h f+ Notae: z i. The orlgkal Parcd areas are as folloaxo Parcd i 1.250 acres or 84,451 square tact Isae R/W Nat area = 0.533 aaee a 27,559 square feet Patel 2 a 0.848 acme or 36,981 equm• feet less R/W Nat area e. 0.537 acres a 23,408 square feet Total id2 ~ 2.089 avea or 91,412 square feat lass R/W Nat area a= 1.171 aces a 50,997 square feat. 2, Bench Mork MN/AOT Ssrvoy Monumenk '0207 G" In the east end of the weal landing on pedestrian brNige aver Trunk Highway no. 85 an the south akle of 491h Avenue Northeast and has an et•wNon of 921.24 NOVD 29 per MN/DOT 1980. ~ 135 rawing,nan¢+ PWtUant\TncoB¢U\1142 Colunb[a Heights\ptan sh¢¢tsW10142derw.dwp Feb 29. 2008 ' h34nn e C ~v . _. . . ~C ~r :.. .....:... _.: ,.:.., .:s. ~`" .~ . ..~. ~. .. _.. . m p Q b C m ro o: i • ~.' O c ~~ r nOQOQnOQgQ N-~~~~~uN;a C~~OCN~~n ~C ~'yo y'y~L~-~s.~~a 's}~y by a~~pp[`~~y~ Z'~ 2xb ~z M ~ ~ N p~ gZ z R V+ m ,,'', ~,~ m i ~m -°ry a mN AC ib N cn rn m x~ 9~ IV ~~ ~A f7 O Z m ~rr~rr ~.i z _~ EAST LSNE OF Sa!)rrl i/2 OF NE 1/4 OF SEC. 26 o a m v w f 5• m ~ ~ ~ ~g m~ '~~ ~ ~~~ ~~~~ m ~C S^N S ` A ~O y~ m O z ~ A `` '(^~~D x~c~c~c~ 2 y4 fp y~ ,{^.z~~ ~ ~ ~'. f'nn ~ ~~ ~~O K 0 O [-.CC11eG MA~~~ p q¢ '~1 O~ ~~ ~ ~~ ~ ~~~ o ~ ~ ~~~ ~~~ ~~ ~ ~~~ ~ ~ ~ ~ ~~m Noa~zsz~E I i ~~0~~ " QOy-.'fit ~ P ~ P ~ ~ £ 12 ~ ~' ~C ~ ~ pPp m `~ ~ ~ g ~'r ^y q ~O q > O Q • ~~ •> ~'x •° 4~ o ~ ~ ~ > g i+~ 1A~5. s SQ ~ m w O ~ g ~ ~ » ~ ~ ~ ~ o 07 ~ m D N g ~ ~ ~ s o ~ ~ ~ ~ ~Z ~ E ~ ~ ~ z c ~ ~ 4 i ' u°. ~ Aµo N .,. ~ ~ N ~ ^C~ ~, ~,r cif S' ~~ ~ H! i ^ __ ~ ~~ °~ TACQ BELL ~°~~ ~"'~ ~ O ~ ~ ~ ~i ~ a raraee vus va~Nau er ~¢ at avt« w ~ DN[Cf"AWFIlY6W HO 9GiI AY A DfLT '~° ~ L• G ~ 4~d0 CENTRAL AVENUE a,°~ °°~ ,~, ~~~III ~~~ ~~~~??-~~ ~ ~ N• ^ ~ ~ ;. ~. ~ Cdl.UMBlA HEIGHTS, MINNESOTA ~ ~- ~~~ ~a'` o~ ~. 4 ~• DEMOLITION PI..AN ~ ~y TACO BELL 4~a0 CENTRAL AVENUE Border Paolo, >nD. COLUMBIA HEIGHTS, MINNESOTA D86 oaeeNr Ava. NaNh doldan Valley, MN b6427 DoataeY. Barb 8clatetdet Phone: 1789) 480.2870 2008 SITE RECONSTRCICTIONFROJECT v ~r z ~~ °IN ~~ o ~!z'~~~ ~~~~~ ~~~~~~ ~~ ~~ ~~ o ~~~ o ~E. $ ~. ~~ ~ ~§r ~ $g~~ ~g4P5 3~`= ~~~ 0 E",~ v ~~~~ ~eA~~ W O VICINITY MAP a HWy 7 ~ ~~ U ,w W CSai ~ W aauu( ,~ rao~rcr ~° ~~ N N ~ Locna~ore p ~ ~ ~ a ~o 00 .~ F- e U N U _i RtVISMRs lI m.12ae twat anew E SHEET INDEX C-6 C04ER SN£ET ~~ ~ ~ C-! DESBND CDNDIBQUS AUN CNECNED Bf 9e c-P De<roenDN Pt,w ~~ ~~ ~,~ a4s ~>e AtAN C-5 b~p~NAO~DRAINA6'~ k ERD510N CAVTRDt AlN7 SGLLE NI C-8 U11GJy PLW J6B ND. OSD oNm C-7 DEIkW^ c-b Dsrats l-t LANDSCAPE PLAN t-P UGNNNC PUN G-0 EEf COVER x: - - . ,- I ! ~ ~: I ~ ~ ~ ~ ~ 3 ~ I I ~. • ~ ." I ; ~ 1 1 'I I __ I ! I ~_ ~ : :;; ~~ 1 ~ t I ~ I I I . , I , f -- -- - ~ ~ I ~ I ~ ~' --I I~`~ I I"-- I ~ u. ..' i. I w+ j ~ I I p C ~• I STTE I ~ I I ~ c I I ~ I I I I I I I ,.I I •~ I ~ I I I ~ Cl TACO BELL I 'r I i I - ~ seer ecm ~ f ~.. 2,882 e! ~ ~•; I I ~ I I I 49TA AVENUE N.E. (C0a RD N0.4) I ___ 137 wl !~ t I ~±ybna 11e ~~ / rvxx. 1 ~ ~/ t x 1 ,.---'` I l xruai N~ # ~ #onw xfkerl\ zro~e 89'2T2~W X30.00 `'~ M:.~vx ,. ~ r- ~9 ' M. ' 't `t _ xtrzlb + Ln / r ~ I \\\ 57.1 n «nasl\ t ttx Sl:ss i x«. \ a rnla \ I Ill 1w 1 I i \ I t\ f a F 1 ~ ~ f ~ 1V I I erxu 1 'f1 i ~ xMlu l~ ~ 1 v«ax zyna ( ' 4IL0 ~ ,e~ a MMLN .,{^ it 5 ~ a"' znxn 1 j d 497G .- 1 #nP~n i ~_ I- ~°x' JI 1 STONY ~ ~ inr2 . G ' ~ t t 1 .J r:KN T ' \ ne r y P ~r, ~ E'F rPi P 1 r eu« 1 i I p INGBUILOINC \ ERIS I ~ `-' I 1 V ~ r GP I y I I( I 1 oa it~~e 1 I I xMS a ru.u ,Hoer I I \1 Xnier (fir I(~ i I, t I ~ I ~ I 1 91151 1 . ,s' . xarn . ~ x INSFALL 2 '(EktPDPARy I 1 ana znr. AS SSHOYIN~ DU TR~~ ) j w uxax 1 .1luw xnaa I ,V\~G ~0 E _ 3jw CDNST(tUC1 N I pf ~ XenM 57,1 ru aanM I I ~G ¢PG S3 ~ ~ ~ OFOCURS TOTPPERwO E~~ xr4<x xw.a xM/ro xonw xuan g4a---_ f PkkkIVEMENi ELEVATION \ AEfA1NiH0 j .~ ~. U n w :: - o>~ ~ I ~ r _ Y ~` s I _ _ _J_a~ ! et l a / I~ ~ t j ~ \ ~~a "'` ~ ,~ ' #nu, o l D xs 0` ', . R # ~~~! \ ~/ f n c ~ ~ x yM ~I "'~.. j cn~t xar t `\ l t; i I V i ~` «xxo t x's~~v r ° \ I 1 Ix .. ~~oN\ 1 ( x 1 \ wont ( Xen~,J jXarxo \ nur #nnl u ~ xru« 1`x I F ~ ~ ~4 os w t I I 25^.5%y , ,.. "" / ~ w= i+ i e~ ~0 ~ T , t00YR a I I ~ xn« N i j . ( ~ q "' 1 j lxlxt i C 1 , v t r ~ i 1 I eo ~~ 1 I 1 1 .• I 1 r ~ nrn v1 ~~ -' ~1' if Jr~ ' ~ d ~i t~ N : ~ I \ n 1 x zr nl I I I xonn -- _ N i »t~ox '. I I $RT FENCE (SEE DETNL' 1 * ~ '~' : , 1 . n« . ~ 4 .t I I ~ PROTECT AND PRESERVE I \ .. ;. ,. ~. f FE=923,50 I ' I F%ISTINC CURB Ni0 1RQ1ER WIfdNO {yNgNC OPERATIONS I 1 aaax . r~ ~ ~ " ` • , I , -~-"~~~~~ -l' to I ~Ljj tTNCE NtE PROtE r .'. 0~ a^` t i I ( i ~ i Y,+ ' .z , \• 91•;,~!%r ( I $ABY BOIA 2,082 eF _, MS~P}\\ ~ aka 8 .~ I xs1LM ~ , J xac(~ h r ROCK t 1. \ \ ~~~, ~ >iy#spt. i:~ xro !.1 ..~Jr ~ .><•. I 1 ~ '~"•.. :''' :~~'• ' : ~ CONSTRUCTION FMFUNCE \ ~ M ~ ~' , 1 ` ` , ... _ ' '~ '' ( f3 a2g; ',,ap ~ x / s ~ ~ ' / «L ni LL (SEE DETAri} ~ o ~ teox ' ~~ `' ~ II;( .dT` ~ ~,~ . s L , "` , 1 ( ~r. \ ~ \ / \ . 1 1 \ I l 1 % \ ~( 1 \ rttn II II ~ D 20 aD BO GRAPFNC SC4GE IN FEET IEOEN6 8wder Foade, kta. OSS peaalGr Ave, Narih aoWen Valley, MIN 56427 Gaaeoa Bub Bdmddx Phono; (rda) asA.2gra ~ g$~ J -' I °o '~ ~ m V OI~ a°f w ~I~~~~p~y , f ~iqp 41U W I~'gCC 0 ~g• ~_ ~~~~~w r"" ' 1 CURB OPENING ~ ~e ANN G4ROQ4 t(2 •d . ~~ ~ f11'P) (SEE D .. SILT FENCE ARFA°3ga 5 i 4 CY CC 3 FAP ~„a R (gam ~~) iWYR NWC^420.2 ~ Y!/ CEOF` IC Rl e, u `\ ~ ti a.~} M nu a `\ N89'27'25"W 330.0 .~ .~` ~ .~ ~` ~r&` `ark ri¢N - ExteUng Cwb Una x stxo EXietinp Spde elavadon _---917-__- Eklallnp Contoum -oo- ErJsllnp Slorrn Saws Pmpaesd Curb line -047- Pmpoeed Contours x sac Proposed Spole Etavadon al Flow pne --ar Proposed Storm Sewer err F~ rar Proposed Sin Fenn r°1 Proposed Storm Sewer L;lel Proieolfon pX Flow Direction <.« ~ GENEPAL GBAnING NDiES: i. SpedOeanane apptleaWe for this pproJeef: Curcent standard epedneaUona for ColumWa Hatghts NN, and the kkeat I Ipnee60t0 OeppOrimMt 01 TmneppartaDOh 5pedllCallons Fw Nlghway Canstrnotton and all NPDES regatremenle except whero modAlad these contmat documents. ~ 2 OSRA mqukemen shall be lolbwed for ail work on ihle pro~ot. \ ula ~ 7. Tha Contractor shag notify 'Oephar Stale Ono Cali" a8 \ howa prior to cry axcavottan (t-B~-252-1188.} \ ~~ a. The Cradhlg GordmNar ehap VBdty On IOGapane cad \ ~ y devolbm M undergrrwnd uUnUes with utility compardas p ~}' prior io arry vonstmcllon, and Immedlatety notify the En ineer of any eontNCte ( g . 5. Eroskn Con4o1 ahaB ba conshucted, as oppiicoWe, as Q sequenced bdow; A. Slit F@RCe. S. Rack ConslruoUon Fntranae, C. DemdpWn x« ( D, Common excavation (gracing). \ E. Ssad ant mulch. ~ \ 6. Final Plot ehdl 44ovem for naaemenb and lot dlmendone. \ T. Any arodon wnirol llama necessary to protect adjocetd properlke alb be constructed by the Orvdinp Conractor. 8 adon control matnFenanoa shod be erformed b the wv.•n as i . p y Cmdhlp CanUxtor, and removed oa per the Contract \ I ~~ > Documents or as dfreated by the Engtnaeh fdbwad by olf ' ~ n p nxee~y reetamdon of d ie urbad area. iFde work shall be ida id t the mdin c nim kr t N ~qd g q c n o o o , 9 The CrcdiM+ ConFraalar ebon sahedafe the raga an inear to . , p ladiltale cerliRcotbn of ap coMroped IWte h a timely \ onn IasNon. Density testa elrol meet the Fopawing: ~ ~ A Wdh6s Nsa upper 3' of efmds, The Crodfngp Cantrador l h p chop ut Gse approved sans t at ae witMn 1X of the opUmaxn mobtwa content ae delfned by the Standard p l ProoWr Tact-ASIM: D-698 with compodlon mesling ~ 100X Standard Proctor DenaRy ond net excee~Nng IMe compavNon Er mom than 1X, Bekw the upper 3',, compavUon s op meet 95X fhe Standvrd Proctor Density, and be wiNM 7% of the optimum moteturo content, Omdk~g ioleroncoe ahdl be 0,1'. 8, Orating tderanceo for the mmaMder of Uw die ehdl bs 0.25: tO, Ap arses of wquitabte sons found kt Uro pad desedbad above that camrot be corceoled chap be lowtod In the ReNI by the Cording Corrtmdon Tha Cradinp Contactor ~--~-~ ehap immedlde no1Ky nor EngMaer of these areas and I i prsvwe infwnm on as to Iheir site and locatkn \-wm usnwmiA it. The Oaring conlravlx eha0 provide podWa drainage on ace i/f n xa a Ifie ails al ap Vmea. l2. The Oradhp Contractor stroll keep puMib eUaela and Iravd woya door of can and debda. SHEET INDEX GRADING PLAN C-D COYER NfEfT C-! FgSSNO GONWDONS PLAN C-2 DEMOllTiON PIAN C-3 SlIE PLAA' cc-~ sc~ vr~ nFNncE a Enosrox cDF+ma PuN C-8 UTWiY P1AN c-r oerap.s C-8 DEFAIIS L-J IANOSCME P1AM 1-2 IIONRNO P1AN b~ ~' tJ $ a ~~ ~ =hQQ~g ~` nE~~ ~~~~ w >5~~~~ ~ ~~~~~ bN W K Q z A J • 4Q ~ p~0 C U~ 0 ~ ~ U m r= W ~~ ~Z© O p J O !q t3 t I- a U CD W N Itt azasro CIrN RMM CNECIfED Hf BB ptlE iSSUFA 1-70-0p sD4tE r ° 2a' JOB NO. DSD 08761 C-4 ~ 138 ~... .\ ~`~ .,~~ •. POLURrIDN pl1EVEN1iON MAN4BPNSNT SoIW wodr. odleolad eadhnad, aephdt and oonaate mNling0. MaBng debris, paper, pkaUc, fafilo, aoneNaoRan debris and other wmlea mud be dkpaead of dr-rile trod mnet sompy wM ~agdrernenh. Hazardous moted¢bt rile, gaedtne, point, aM any twxaNoue auWtance mnet be propary elmed, IndUdinp aacondory con ainmant, to provanl apltb, leaks ar other dieohorge. Reabtclad asses to elwage onor mud tie pmtdad (a. prevent vondoNam. Slarope and diepowl wort ha fi canpgance w8h MPCA ropuktkne. Fxlemai washinngg of Gucka ar other conatmegon veMda k not ogowad on efle. No ar~Qtne degroaeMg to alowxd an efts, S1NPP PLAN a eao Axu rnaxar PaoaauA i. N dNturiwd areas, easapl alreele and ddewo&, shoe na amend with a mkdmum of e' hpeofA 2. Relw to eredon oonUOl aohedde to sod eened~de Mh reyade to yyrodinp, a. Reler to landacdpe Plan for seeding oM eoddi~p IaoUOna and detalb. aWPPNABRATIYa Sne comlmcgan wNl aorolet d groding for roln 9ordum, paddnp, and a buNdkp pad for a Taco 8eN Redaurod. Flrel, perimeter eRUensa ehdl be Ineldl~. Then demdillan shag amfinence, When demoNNon la comdded, Bla eNe can then be graded, Dane lino grade b edabgdxd oM aenUted, the roln pordena eh~ ba eonetwoled par detdle. TMn the alto ehdi ba etablRted wBh Deed rind mukh of sod. Once vegetation b eetabNdred, temporary eroson conlrad meaeurea ahoR M removed, sr~E~r ir~~~x C-0 COWL SH6ET C-1 EXISiUIC CON611JON5 P1AN frY DEUt2tBON PLAN C-J4 SiE PLAN G5 SMPPFl,,,WORAtNAGE R t7{OSN1N P7NBt0.' PLAN C-6 URUIY ALAN C-7 DETAILS C-iB DE1AlIS b- LAtmSCAPE PUN L-2 UCHIfNC PUN Border Faode, Na 686 Deaala Ave. NorRl Oddsn VeRay, hot 66427 Conlesu Bun Bdauldar Phone: 17691 48g•2g70 U I IR m ~ti!~ ~~ W ~I~~~~ Q r ut N ~E~~Gt~ O tN ~,~ l~~ ~~ ~I ~is44 s ~~ ~a b~ ~ 0 ~~. ~sq~ ~ ~a~~ P ~~ N ~wB~ st ~~~ ~ W 0 a a z UO z ~~ zaz r ~~ ~o:a ta! m ~~ ~~~ O U~ ~ ~ W AE41fIO1tS 07.2!00 plmt MAw DPAMTt 8Y VH dIECNFD B/ BB {)ATE t6SUC0 0~T0-08 SCaIE t' ~ QD' JOB NO, tt5b OD7O7 G-5 ERO9IQNCDNTADL GCHOOUta l;:ceng __,__~__ FxLeUng Curb Una x auo Evicting Spots devotion _.____.___ Folding COnloaro --ea-- E~detUrg Cato VoHe _-.oo---. Existing Sloan Sewer Proposed Curb Une Proposed Contaure a an.a Proposed Spoia ftevaflon of Flow Rne --PO Proposed SWnn Sewer ^rs rdatssl ~rlPropoaad SNt Ponca I~ ~ Propoeod stann Sewer Inlet ProtecCon V t.Sn Flow Dkection I. Silt !once and rock enironce shad be InstaNul prkr is airy conaDuctkn, aN fence abed be located ae shown to intaoepl ntnott, Tha area kcaled beyond tM perimeter eat lance snail not he dldabad during corelmcUon. 2. A4 erosion control tnetatkUom eholt remain to pplow and be molntolned fi paod oonditkm yy the coniracta untN lha eNe hoe been rovegetoled al which lima h abed be removed. a. SuiRdent topsoil abet be aiookpNai to oltow for mpkcement m dklurbed seas, 4. The oonUaotor snap schedule dh grodhq, utNily InalakBorl and paving eo !hot the age can be mulched and ra-seeded or sodded ae soon ne poaelde altar dblurbanae. Mcrae not eubJect to canetruolfon ira1M shall pe seeded or sodded w11Mn two (2) weeks of beBg dielurbed. EROSION CDMItaLMaU7TENANCBPnOONJd I. Ereskn oonUol measuroe shall. ba Inapealed by Ue Englnsera reptaeanhfiva and ma(dalned by lha conlroclor ovary Friday amt wRAln 24 trouro aHer arty mlddl event toga iFwn 1/2" rmUl Ih¢ protect k ampkked. Uaktmana roqukamenta aro ae hRowe: ekl hero - 1/a height of d¢xa; wilMn 24 hovro; surface woter - droln a~ etablpxe, wRhN 1 days a1 dlec¢very; and wchNe aedlment romowl within 24 hours, 2. ReplacMnant - Fabrk shad be replaced prompty wBen N dacompooee or becane¢ Ineffeolhb helore ~e harder k no knq¢r neceeenry. J. My eedhna~ nmolning In dace otter egt lance to no er rm{uked elwli be reaead to canlotm wBh the proposed ggrraode, prepared, and nodded. 4. Nemoval of Ue set fence- Slit lenoro ahdl be removed when they have saved thek uedai purpose, but not belaro the upward eloping orao ima been permonanUy atobNizad, tt the upwad dapkg area h to be evpoaed knper liven a6t (6) monlha, lhol ar¢o shad 6e cownd wish temporary vegotalhn when Urot eaposed, CON911NJCptON reANAOEMPNr NOTFS: I. NI dedne naceaeory to control eroakn and aadament (I.E, pMmeta egt fence, awoke, ponds, berms, blC,} eMl be InaioRed prior fo any other condnaotkn aparaBone. 2. Atler aomppl¢Ilon of rough grodirq, eapoeed aoge ravel be etabpixed wRh tamporory Bead and match drain 14 data. J: Artar xw.~p.~ataUhn d Mot NrodMg, enpeam! sage rro~l be dobBxed wNhkl: - 7 days far akpae sleeper than J:i - 14 days for ekpee 6etwean 3:f and 10:1 - 21 for dopee Rader Ina 10;1 alabNixadon r aN condd of dint-umlwrod sod for elopes Hotta than J:i and erodon 4knkek wBh eod~la elopes el~eper lhon J:t and aroar of wncenlmled Row, 4. The aRe ravel be kept In a writ drdned aondlRan at aN tbneu fie wnlmctor ahdt be reepandble for 4empemry ditches, ar o0er means neceeacry to enaura proper minaga The buN~ng pod mud be proHded wNh a podiive ouUkw. TNa work ahol be Inddenlai to the gradlnp cantroat. 5, Entering/ewTing of the eRa ehdl occw ordy at rock corslmsBon anUanee to roduca traoldng d dirt onto paved draete, Sedimad !rooked orth streets during working faun mud be rodalmed via airael ecroping oM eweepbrg d the end of eadr woridng doy, B, Fa Wealbnt, commanb, or conserve aantad Rob Bean (Projoat Enghar) d (tea) tww-cosB. ~ 139 Border Foods, )no, 985 Deoeiur Ava. North Qo4ian VeNay, MN 85d2y Cemaot 8xb BcMafdx PMne: (y88) 458.2979 BT0RM BdIyFR 8fA'~*DULB wmbcR;nr NQNW GImINd wQE aetw N A-f741 _ __ u' aK rwra>.cr aw ; IhfJIY xe` dit stet ur~L~~v p~N HDT6 SEE SRE PUN FOR PAV'cUENt BECKONS, SHEET INDEX C-0 COt'EN SNEEf C-f Ek?SKND CONDIKONS PUN C-P DEMOlIDON PUN C-d SIiE PLAN C-4 IXtAD1NC, DRNNAGE & EROSN9d CONU?~ PL,W C-3 SNPP PLAN G-d UKUIYPIAN G-7 DEEANS G8 ~ ALAN L-2 UCNKNC PLAN D 10 4D 6D CRAPMC SCdtE !N fEE!' LEGEND --b-o-- Exletir;g Sardtary Sewer -; £dalMg Walx Nofn C~}--~oo--p pgaltnq Stam Sewer ---P-~--a-- Proposed SanBory Sswar -I Proposed Woker Nntn l3-0o---{T Proposed Storm Sewa GENERAL UIIUtt NOTES: 1. S aolDcadone opp9cable to Ihis ppraJeul: Cumen! standard apec(Keotlone tar the CI~+ M Cokrmbla HaiphU wd dl NNneeola Deportment of NaMtt; ant NPCA nquirements except wham madlRad by these contract dowmenta. 2. OSIU requlrementa eMN be tolbwed for M work an lhla protect. 3. The Cordraata shall notify 'Gopher State One Cdi' 48 hove pile to ony excavaUan (851-454-0002 or 1-800-Z82-1188 ogt state,) 4. fie Cantroota aha9 verify all bcaUam and elevallone of underground ut9Nw wRh uUNiy companlea prior to any amtruclion (storm eeweq aonRary eewx, wale, nvlurol gve, talaphone, daeUfo, etc.), and fmmedioteiy noUry lha Engb,aer of ony rwnf5ete, S. The C,onlroolor ehaN protect aN exlettnq ulNBea and iacNlBea to n1law proper furwUoning dodo and otter wneUucUon. MY roquired supporting aWolxee shall be auppllsd by l~ Conlroctor as work kwtdental to the aontwot. & The eontraota aha8 tmmeWately noUty the FngNaer of ony ooni9ote between exlsUrr~~pp uBiRlee, and the proppoosed aonetruation. the nett wi8 coordinate with Dw UUNty Compvrry In queNlon to delermine the need a relocatbn of IM existkrp uSiRy. 7. £deting oondRbna such ae sand h manholes or rohro hazes ahaN be IdenUtbd by the Contractor and these ehaN ba reported to the Englnea prbr io ezavotfan by the CordrocSor. Once ConalNCUon has bapun, dl damagge to underground uUBUaa wiU be awumed to hove been caused dl Use Controota, ony ropdro necessary eha11 be pufamwd M+ me Coniroctar of the ConUaatofa expense. & Fhwl Plat aha8 ggavam for ewemantt. 9. The Con4aeta aha8 eoadtnote xdfi the local p;dedle8on to nblaln perrnlta and molar fa water source. A8 oeeoclaled awls eMll be Inddmtal to the Canlracl, tncluding ~epwol of teal water Into Clue mdtary sewer system. The Contractor dw8 not apemia gate vaNaa or hydron4 on the CRy'c water soppy system. f0. The Contractor shall nal5y lM CRy Engineer and the Protect Engineer 48 hours vvile to stating work a w'requlrad by the lost Judad bn a be eubJecl to bebg shut down. ti. the ConUaota aha11 keep aeceee made clear of mil or other debris, and perform dv8y etroet cieordnq ~ rogNrod by the NPDES permR. PwtUVe drolnnge, eadroNed"wlEh erodon conUot and erwbn provadbn meaaaea as roGG~ked by the NPDES pennR aha8 be padormed, Inlet proleottart shall ba Indagad wlihin 48 More alts Inlet coneUncBan~ Unless epeciRed on the Qlone a as a bur Rem on the DW Porm, arty tampaary culverts, ~tahee, }ilbr fabdo, eta. neoaeeog to acampNah thta ahMl ba performed as kxddantat to the Cnnlrool. 12. The ConUwetar eMN proeena and proteM We matlrero aril monuments wi for the aubdhleior; of the land. 13. the Contractor shat schedule the cone aplnex to fae}8tote cartiRcatbn or oN ewtraNed 118e In a DmalY faeNon. DeneRy dale shall meet the toNowlnp; A Penalty taste ahdA be token on all trend;oe at locotlone ae delarrr;ked by lho Engtnex or hb reawenlattro. 8. WNldn the upper 3' of streets, prWate drhree and padfr<q lots, Conlroclor etwi uUB:a approved ee5e Urot aro wllhln 1% run matelots intent as delhed by the Stallard Proctor Teat-ASTM; D- nlih 100% Standard Proola DemRy and not ezcwdfng compaction of 110%. Saks the upper 3', oompwlion eMlrmeet 95%. Crodbq taMroncae eMN be 0.1'. 14, The Owner shall pay fa o8 tea of eo8e eompoalbn. Amy arwe whkh tall to meet the above etondarde M eorroaled and re-twled by the Owner's tee8ng agent of the CnnUaiore ex nee. 1S. Aq wrier maM shall be InataSed Mitn n mblmum of 7,5 feet of twat. t8. Cwlrootor shill Insulate storm sewer and wotxmaln croaeege whore vertical cepaaUan to tees Ihsn 8'. t1. A9 slam sewer shall 6e RCP unkse noted otherniea. 18. Cantrontor shill prwWe tunporory trolflc control Idcomp8once w8h NN/OOT 'Temporary Trolfb Control Zone Layaute Fleur Manual' doted 2005 fa oonaWotlon near 49th Avmw NE.. f9. Contractor afwD be reapawibla fa vedCmoSan at Iha depth of edalhp Nuba Ibld on UYe abn prior to the ordering of cry RttMge, etruaturea, wsUnpe, etc. Engineer and t Owner shag not be rosponeihH for any dlecrepancbe land ae depSha ae ee5msisd. I cl ~ ~ ~~ o = 0 N ~I~n~~ a ~~~~ ael~~~~ W ~~~~ ~~laraau Q (~~~t h~ ~ o ~~ ~~ ~~ ~~ ~ ~~~ ~ ~a~~ ~~~ s ~FOC~ ~$ ~ W `~ a x O Z ~~~3i k a~ U ~ a~ I ~ ~a Q ~ t•- ~ 8 t°v ~ RflfiSNMl5 aidtw asset WAew DWlwit Br qN CHECKED gY eq Q1TE ISSUED i-SO-00 SGdE 1' • 20' d08 N0. O~ 00301 C-6 ~ 140 TYPE "Y' CATCH BASIN 94' (YDIPiO CO{fffJL 01 RP SUB, r I T-I- k'~ I , '~I ( I~ t_,.~ J PLAN e smltsn9lE itP OF CA91N0 NDTU}I (ASRAO 8-4381 CR EWA! NOE59 OTIRRMSE ~ECF7E0 ~ PAU~N 9-Y nN%0]NCitEiE AOJJ9AH0 ANKS PAEDASZ cauazlE sue RJre EroM EXRIW2 aPAL RDncDnao fqt sraEET LOAauJS. __..__ .,,. ._., PtASRR pRSfh SfAOIE asJM ntmE. '-8' PP2GASf eA9E secTtaN CATCH BASIN AiANHalE DETAIL (sm+aws EE1Jh tRDY mE cnr a caunJMN Kamm} as YJ004D 1-v-oa tJ2°flAD. 9' 3' RAG. I/2"fl n , OPE J d E ~ ORDP BACK OF n 8612 CUAA Ai CURD WT AS SHp ~_ D.`~\ ~ 8' 12' ~- 3' RAD. lt`-^! ' 6612 (ouTFl.aw) I"- 8'--f'--~-12' --'~ ND1E5: 1. CQVCREIE MIX; MANUAL PALACEMENT- WI/00T SPEC. 3A32, SI.P-f09M PUCEMENt JA12. $. PRONDE 1/2°_.EIfP. JT. Ai JOD' MA%. SPACAK AND 10 MAIGH PAPwEtr~nkExxi EXP. JT, kJ ADOInON TO EXP. Ji. SHOWN OA Dfl#A DETAIL PLATES. 3. PROMOP CCNIRAC110N JIS. AT 9' MAX. SPAON9, SAW WT 2'MW. 4. AU CONC C. 8 D. SNALI 8E PUCED ON A MAT. OF 4' CUSS 6 ACCAECAIE RASE COMPACTED EO 3007{ STANpARD PROCrOA. Q. CONmACTCR 6NALL VSE WTFlAW 8ME WRB BI AREAS THAT SLOPE AWAY FR9M mE CURB. ~N Atl STOfaJ SEWER PIPE BEOOINO MUST DE NAND COMPACTED ro mE SPRING UNE USNiC 0. "OM%ND JACK' CCMPACTIXt. REINFDRCED CONCRETE PIPE I. SANG SHALL BE COMPACTED ARdIND mE PIPE IN DRY CONOInOtJ3 TD CONFORM NIm fJN(bPT SFEC 3149 1. REWRJC SHALL DE USED IH UNSTARIE OA NET coNanoNS. usE s~a• ro + If2• RocK raR BEOOIk0. SHAPED 0 mE BO iQM Of nIE PIPE, 3. SELECT FRL SHAll. BE SrJ.ECT MATERIAL fREE OF LARGE ROp(S (J°t} AA'D SHALL BE PLACED IN B' MA%. 1005E MfTS ANp WMPACiEO TO 9S% STAJJDARO PROCTOR. '1J ^; 872 _~ CURB CUT DETAIL EXPANSIDN JOIN (BOTH SIDES) ~9uvnvMlWasYaM MO g ,M""~" ~ +. ~~~ ~~ PWtld . Cyr ALE SANITARY SEYkR k WATERMAIN PIPE BEDDING fdUSS BE HAND COMPACTED FOR FlRST 6" TO 12' USING A "JUMPING JACK" COMPACTOR (:ONPACiED g ~~ OYTR %PE SANp BEDDING swpp sNJJL DalraaM NIm NN/i01 SPEC 1119 ~ 4'roi1• OYDi PIPE RCCK BEDDING 4 W~A~W ib01N4eMM0t0 M[Uc Wk1TSpNS G29Y08 CDe+t AMM slDEwau~ oErAIL (4D1ta+AA DETJA. %DN TACO egU} vau amaa ra f wa ra[ NL'•x.IMA vl s~er~iiw~iNat~aia`aa~m°wr~ PaanuJw i w a* nrwNE aaN unttaxen nE ro~ utxawau ' ' ' k ~ d 9' ! 9 S~ ' ~ . i ItR11 K19rt M11 fAl s ®lPA w. near iwH ~,~a nu mr a~.a rJ ID ~1 Ia nit Yt' mq~ 5 wmhnPo bN 0 a (~ ,~~~ '. ~ ~(I~ ~~ nm,~a~ENE~~w nw nN nre+mN~EUa ru'C'w' a0... L( ,u...e ~.»°~. ...w "....,,.o anrx 4•a ~~ i.rw.i ~.w~y,wyua~ ,..w~. ".,..«, ~~~::~.7i.'I. Ci':.TT~ m:.~ ~ 4"~LS'1.. M OONCAEIE PAYEMEM W/ e'zs' -~IOJTO w,W,u ~' d/eS Y AOOAEaAIE RISE HrDOr SPEC 31J0. ;~ ~~ ~u DP CONCRETE PAVt=MENT NOTES t. CONRVCigt BNYL SPAfF mE 61Nm~LTAN JONES AT 11b' O,C 9, WA9 SPEGFlCIn01S SUPF145FDE JRD.E IRTED SPfC6NJ,nON9 M -I~t&lRf---~ T uu ~rkw ~ w,m ar to Vr meremaw wual~marmsm carom Wo[uuwu4NrtbN W f npf[{t1'Y VWb ~fuopt _.,,1 ,emu,. MN00WR wt ~y yid,.',' NLtE gat ~~ ~W eNx9q T ~NNdN ~ pia x.axaea g~ i OA1E YAI.Sf BONES na xu aiDVaa H~n~ ~ k N.wm014AY1 Vp h rnia~~ ~ n Nw wp~u~Po y '~~ g Iii fc~mE EE07~1 ~x xc°~ux mum 77~~'' '~ OAIE 4ALVFa~ 4RA4W R4E ~ f , iwr~iara narxwrnwww.~ucw Nu e F ~ P uu° ".IsG~4'Si '3$I'~.Si.m~ip{my enPo IdMOi xP R.tu° IYYMI~rovl 01AVnYSREOE&W,UF pip 1EE5 . ~I~... . NOSES W8E I. Y/aa1yP5e{ttTMkYR1E 1NAV53 0.0DI~E II~ONpN9~i V~N~pSyAp1[ReEa EA9i1. L IaNEfl ~M.E~fY FER AIE rU1E451Y10 f~h NxA • Ems) L EoE eE~iP.Na Ew,~aD,rl (r>%E vurc7 5.7tLQ 3JWi79~IR[pE aF OaCfaRpEp p g X50 U E AND 2~ SIASON. BOEd18'l0 CS Nd4"N~11fiM 8II q(aW 4Ya~'N.tl ~7i•I/Y bEXd IHifAEEaq BENDS ~ x9 a 0.1 A/ ±o uJ si ae ii tt t4g EP [f lai DRIVEWAY APRON DETAIL LsDMRwa O[fA1 FAON iNE t0Y Of OAIAAXh NNJJm} a3a MOOP1rD 9-97.08 6atdD7 PDOde, hta. 866 DaoRll% Ave. North fB9fdaR YR6ey, MN 68427 OanhPC Bx0 BPhmldx Phata; (76B) 468.2070 I mI ~ ~ ~ z ~i. tng~~h~E ,~gg~4~ ~5 ~~~$~~ ~ ~~~~~.~ Q a §~ ~ €€€"~~~ 0 p~~ q o~~~ d ~~~~ w ~ ~~ N ~~ U W O K a. z ~~ ~ 0. ~ ~ ~ ~ ZO ~~ ~ Q W ~ ap LO x ~ V ~2 F`t- ~ DRAWn BY vR CNEgtE0 8/ 8B DATE I5~ 1-JO-OB srALE xA J06 N0. 45D 96307 C-i 141 I/1' EisANSaI JJNT 4' OR Y CONiNEiE A"AON 4' IXA9S 8 AOOR[01R e 1/Y J/1' neat E7PNgg1 xNT ,. r BP AEUWM EplpWlt} WNK k OPIISwAY affe. 6UTIG a ~O 6A3 ~ ~ oo~g qpm SECDAN A - A J916c E8~~t4Ee`Y.' ~MNawnax rtvua-rFkaxvoFOer Ptda7f.EW,®/',aO.G k 10`piq%rb+AtGBaTIIXXaYJEINTq--- 9EflEFIXIG1E~lT.68' IW I)P'bNXf7PNEBOLTalEOkiE ptruc' ~ tumtvr%anadwru . ,~ I ~ PX~ tlw rxEruosx--4 f OON9LdaMbttr-0OA-` ~ t . \ I \ F%Q{6161EEEFA 2P/~WItlUP~EYtBl181 \ y . (~~q ~ %~ttUF,Nt]17E0 ~ h ~ M FL tlh~ ~ ~ OfpUfbabYba71Y.T1ElE >d~ Of. ~ ,~,gy b100000Hi4TN w uni ': •rnxxrcccuatw ~ dxaxla I laxntAxlAwWF. alrOMYFLE40E ~ ceiuwul . k I ~ ~b49 k ORM ;I ~ ® I PoIWf nIpN4Gl96 ~ _ _ _ _ ~ ~ _ - aT~aeaTxar. "~ W ~ ~ ~ B%rXtfl'TANPbX6X ~aw~E IrworooTPad I iHbWlilNOT . E PLAN VIEW ~ JAMB DETAiI ~.~ roiw~ebaetES me~vEla ePaxlma`aPU~FrKa~ I Yx6xlrros i~~~ ' Wu~Frnb¢va+o PFEfiEC11011'A5 ~ ELEVATION n n sanamurxi. I ~ coatis enacowraEasnm Patnmcaw®rtemad PGxuaetaPNZ 4 rsroPbwa.buls j v ~ .news®wodmxcTlNU.' mnurm ! WNLLRFfOF[GPPriWGY. ' n ~ eXaXlaouiiwNLt7 anowx6RPxr m bro7UWlF1~ BagEDBPNNtT9 Ptl~ ~ae~G~T. I w T~Erontima.awmva r1reLP.a0.aA9'bwr • PA1BA9ffalF6h[E M(iat9EWyikEGVf. m AeapEaan Ewarro a--- 0 1 IXOzrWWEa7x7z 4 1MwktlPFA4AE 7x7x 1NAtlIE OAibiPJHE Izbtd30F4Na1G s¢arrnrorxuwfe Imo'. tR9i¢ATICP6B0T. WfVVC°%&2iEE&YT s6wsa+®uebo P7E901Udi' ® OATENIdTEOEFM T%tlIGO ~ ! FE}ICNO Yl7tlUr FIKdbFR41E ttrmXUd'nwc MflD®107 NX°EFAU7E +~ N71FC ,.uaart,r+AOrE ' tOPCdPA`hvF7lf. EAWEIbTOPNAIE . PfiMEAYtd1ATLH. ~ BIOPPWE6ECfal d9'IIaEaA 1WNEdT eaxrarour%u //-'tAnaNU / a%8'%1rGlAU. b ///-AWOat 11Pf1aM /, B%b'X4PTd MiEP1ME0' E'NbroDOJPtfO H101NfdIr.AlO~i ® yyj IxTA6G+6ESrolam rTw6Pnnau¢air / IAQkhbEw/WAJNI. EOOE0. ClMYNE p EW®dWOG ef~LFAAbE 1'x¢4'zarMt¢ ExA4WEFPAIE 4 BOLiFOTOFPA4A 6' CNHbOLTAEBT kF9iXT y7 &'%rGNE N ` ~ } BOLG°GViEWLT ~~~ k cuas v~WO¢aro Pulerlrenw~r. bP ~ ~I .t i' • I ~ cPauefawa PN11E(ryp. b ~, etllt9tg0lrt.T9P .h ~, iOPOFPA48.d31f al GUARD POS ~,~ ~ ° 6 L @AfA1.8Y.UINi'4xtW' ~~ NOIE Ok7M8l,7AMMAtAtRI41. a~ 0 ° reEArotac¢enwcawrrPob aavTtv~wEreweura 08alNxY7d aNNBVi1.bEroGTBTbOiIkT TIkYC W IM ¢EC89aWFO S! A YF3FaEPNtl®DNiIE EPACE AMERICANS WITH DISABILITiES~ ACT (ADA) PARKING SIGN xTS. t•urtx>,xt a~ 'Iw• ~ WON7BB&41LFXIBNIr B48M19NPA4Rl6R AXdMWYI,OWPOl4XM CNG9EETATaObfOd Pa69HMV7NEUPNYOa 970PENPWIIpN9 I'fi0WFA0BTt1&a19P9t ~j GwElmmvmam ~Kr,~bfE~ . SECTK7N°A° ; i~"101'0N" SEC710N'B° j. TRASH Ei~QL SO URE wr,~ 1 °. 1~O1E4' WNCAEIE efACXIP,AJNTEC AH ~~ ~.~ ~, PATIBIP ~H~~T INp~( ~~xm,° E ~ TA~~ BALL p o-o cov~w sNCer C-I EA1SZt11'C (bF701710NS ALAN C-Y OEtFCUiiLW PLAN C-J Siff PLAN C-9 SAPPY DRAN~tACE k £ROS<ON CONiRq. !~ C-6 UIRJIY PUN ca ot:ruts ae oervts L-i lAt~SCAPE PLAN C-2 LlCNNNC PLAN e ,. f$f HM. i~ ~ FR f~ Mom wra ~ wm. +-~' PICK UPS°k EXIT ONL~xI -RIVE-TNRU~•~ wlNnow ALLPAVRAENf MANK!NC1&TO @E W}lIfEPAVEMEMPAWf,(JNtE5S BtA1EOOTHFAW69E. PAVEM1:Ni'~'~MARifINGS ~ xra 4 Y HANDICAP ACCESS RAMP KTS 5 ~t'tulFIDAfltiLlhE IffiFdtlHb 11P.BOttl&PW XrroP ratoss aaabars BNPd1Nt1I 18Pd1wW F1ai 0E#4T%YI WAFATOM 6484E atirvXCEeannar{rwsree oxwFUTroWnx AN".8%NWxr'PtWFik 60EPU'MNItlLtTNO r0(xN~¢N1E +trratmrlsE ad'%14x17 bMbPIpE• OBFMiNdN09bOLFPA06N fflGU0P9B1 6UPFNEPA4EMENt `--19N1NWEEO wPlMZdr LOiIG ,~; eamwrrrtEU.W~sa ,r .,' fME tlrEB00PE0FW.xN 8 .p I ~`--Cakx~'GCallkl _'' CLEARANCE 6AR N.ra 6 r IYIMDTiCFP1Nkp FIl a CG BOND iprE BaTPATIPIWPIIOHEEDA4 FKrWTE.OrGN NY.6NXi ILaT ~ TF7aUrEF(gMa.IPRI~ . \. ,~~ } OtHTE9@70.A ~gA~ '~° • $~ $g ' 3 ~, aa~ brrcmxusa%avo t d~AWP7AEW8G49DGV6 trta Gaarr%NUratroa srw. BlwFPEN0Y8lVA0Nt1. 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North Qoldea VeUay, MN 65427 Contaot Bath 8dgltda Phone: (/89} 48B~PB70 1 o Z ;Im t'3$1~ ~a ~~~~~~ ~~~~~~ _ ~ ~~alt~tL V /'y~ g~ ~ 0 ~~~ o ~~ g ~ ~. ~$~~g ~~~~ o ~ n~~ ~~ >t ~~~ W ooawm ltdl W~ea9 PFa 1(gCe14 IemMWN {IeY2Ya FJ NA. Ma dhta9:a Goa Q , nN Faa a rN a Maaila eMa BiN FID Dnduah bll neVai M1e NAro1pl ~ 0 a fawn +aa,da draaPa ma hMYro Ppa b aid, enelaa aad pMYeapq . aranYCt to Pna igpnwl. z TMp edmaeaq on tWS vdd pr omgr a ~' epproNl m4q ary gnat-AW ~ n7nrNtk prWwk' v faOxYi n< Mom N WY {9m« FhwrN muff a goddN t/ N0. V 6tlwnoUrn ran 6Nn gtlampd ash Nr aft FlaeMaeN a ai 7 ddap eMn to ur, aamr dfpnagN alawl nNOYpg4 qad adaarW I ~ n{W3 mkt aaur Bua b 2darrgaai F iaaicea0 miBada ieYGa4 Z ~ l V -! 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Ne Y as WBp f r a Ad + a Mtw iel e roaa I MF au ( rl ~ Q. pp cp np p l a y p ai . n a , N trw 4gAllp vlapNaa are al o ruaean+ ror 6dYpm0ad rnyhwM1g aM W a 2 'tavlma x' heu ' Q V ~ 7 . ? - a ~ h $ °u N ~ t1CFinNG DESIGNED BY 516N1NAE UCHfINC BEYISIONB 7a2R8e COmh NrAlr srorunrae ucNnNc 18430 xRYPiON SEAEET NW AHONA, lar 88363 CONGSCT; JOHN OLSON PNDNE: (763) 183-8187 SHEETlNDEX 143 A 4B I I- i mNrNn ' ~_~~ ~ u uo~ ~~~ ~E.~A~ ~~~ r--~ n _J r~ ~'~ ~ IN(]iEN USTOM~ - +~~ iB nnON • „i1 ME~ --~~ t~+~~ ~~_ 0° ~~ ~ urreron a ~o WOKEN P15StOE A WME l4FSF{INO 2,062 SQUARE FOOTAGE 38 BEATING COUNT 9; PIIUIECfQAE Obf0t8 7AC0 BELL NOOCENRULA4EtNE NE COLAN64ll&,IGHIS, F67 6942+ Baby BOItl FLOOR ALAN us=np A 144 FLOaa PLA1V Al i ~. ~,~ ~~s.~r:.U ;~ ti~~~~~~ 1 ..t, , r; ,,1 k R ~_ [ P .: ~; 145 ~zvu, _ _ _ TpR:~:G ~., ~i0 FCSEfl - -~`-" ~~~1fi 81! V TO I'FPAFET Re"Y3 ~f 6 ~' _ YTp. H:.':J - -. EO C'.•;^v~ 999\[[[~ E.O. 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ELL71;3 _ -0 Ft ~10 TC•'rEfl (~ rose i2' 168 ~TO Ei "J L+-~. ,r~80 Ci.:p>r ~4O • 1C-0 E id S:D Pn4!'cCi GATE: O7.'E}{6 TACO BELL CC'_.1: "c.+,r? uNiB VV .:A2i B~ya/gqb''yppB/oy~lp~dqp GAiGf7~VMl ~L~v~°rioNs c~ 146 sF .~_ ~, ~^, ~ "n n -n c,..eP n iE5 arE r~~-P r.!+.~ziECa.cw uroeuri~,.:,,yr~ca ~ bi .n~.i.s :c2z:vE:B;a;~ ^2 ~, FfiCO?:1l~^C~'ti CC_LY? R "1 tl i f xJit JL - ~_ .L/J ~ll :„'CE1f'P.'.':JCCJ.CP EFt ^4:LLA:i udl rs,,,Y.t~„~:1C11~`~ ~_-_ ._ ___ ^5 ~~ TA:U6:4? I'NLtYEI Cl,^C.,.ON ~ F ~'LLA'.5 '. b1577F'Ult"GP L, I, G',C CSr0'i= CC':'.kJW EV U-CANY1 ~ _ i t='.EEP _ '; stcnEEUCtratt•.5 c,2a<a7a ~ c~-sr,~snE~cane.o ~. ~ sic;es::.i ~. i racos;aar,:ocanT ( ~Ln c utss . era~n-pie i6; ~i.0 ~5d 60 7 FP.4'. ~.~ LEFT SIDE ELEVdYION ~!~ ~ rd ~sv - - ro ss~n / '~ ~~~~ - ~'_ '~ ~ %' ~ ' u ~; f _ T U. S'0: ... . ._.. __. ...: 19 5Q. FT. SIGNAGE EACH SIbE ~ (~ FRpN7 '"~ ~ ~ SIOE MpNUMENT SfGN ELEY&TIpN ~z=rd PFU!ECS CAiE. 0229-02 TACO BELL =:tQC@:if4:1 A17.tlJE ke CC:~.!~Sa~B~rsrS b~N :,x:21 Baby Bold EXTERIOR ELEVATIONS "1 k.Fp`y 147 CITY COUNCIL LETTER Meeting of: April 14, 2008 AGENDA SECTION: Ordinances and Resolutions ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: 1St Reading Ordinance No. 1543, BY: Kirsten BY: Being an Ordinance authorizing to convey Partenheimer _ =- "~ '~ certain real estate located at 3710, 3718 and DATE: April 4, 2008 3722 Central Avenue Background: At the April 1, 2008 Economic Development Authority (EDA) meeting, the Board approved a Contract for Private Redevelopment by and between the EDA, the City of Columbia Heights and the 37t" and the Central LLC to construct approximately 10,000 square feet of commercial space on the northwest corner of 37t" and Central Avenues. Three of the five parcels that make up the redevelopment site, 3710, 3718 and 3722 Central Avenue, are owned by the City of Columbia Heights. Past practice has been that the EDA administers ail redevelopment projects, and the subject conveyance will allow all aspects of the Development Agreement to be handled through a single entity. The City Charter requires this transfer of property to be done by Ordinance. This is the first of two readings of Ordinance 1543. Recommended Motion: Move to waive the reading of Ordinance No. 1543, there being an ample amount of copies available to the public. Move to set a Second Read'sng of Ordinance No. 1543 for approximately 7:00 pm on !!Monday, Apri! 28, 2008. Attachment: Draft Ordinance 9543 COUNCIL ACTION: `~ .. 148 ORDINANCE NO. 1543 BEING AN ORDINANCE AUTHORIZING CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 3710, 3718 AND 3722 CENTRAL AVENUE. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3710 Central Avenue-Lot 16, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 3718 Central Avenue-Lot I5, Block 87, Columbia Heights Annex to Minneapolis, Anoka. County, Minnesota 3722 Central Avenue-Lot 14, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. Section 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: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 149 City Council Letter Meeting of April 14, 2008 AGENDA SECTION: Consent Agenda ORIGINATING EXECUTIVE No. DEPARTMENT: Community DIRECTOR Development APPROVAL _ ITEM: Adopt Resolution 2008-71, BY: Kirsten Partenheimer BY: ~,. ! ` Approving a Contract far Private DATE: April 4, 2008 ' -^ Redevelopment. `~ Background The City of Calumbia Heights City Counci! is being asked to consider a development agreement between the Council, the Economic Development Authority (EDA) and the 37th and Central LLC for the development of approximately 10,000 square feet of commercial space on the northwest corner of 37th and Central Avenues. The EDA approved this development agreement at its meeting on April 1, 2008. The City Council designated the Beecroft Redevelopment Site near the intersection of 37th and Central Avenues, and a gateway to the city, as a priority when it drafted redevelopment goals forthe city in 2002. In 2003, the City acquired the Beecroft building and used Community Development Block Grant (CDBG) money to acquire two neighboring non-conforming single-family homes. The remaining two properties in the redevelopment area, 3700 and 3706 Central Avenue, were used for retail food operations and parking. Development Agreement The developer, Mr. Little, of 37th and Central LLC, proposes to build a 10,000-square-foot commercial building with five retail units on the .65-acre redevelopment area. The City currently owns three of the five parcels in the redevelopment area (3710, 3718 and 3722 Central Avenue}. As part of the agreement, the City will convey the three parcels by quitclaim deed to the EDA for later conveyance to the developer. Transfer of title of the properties will occur by ordinance and the first reading will occur at the April 14, 2008 City Council meeting. Public participation is recommended for this project and the details are included in the development agreement. The need for these subsidies arises from the high cost of redevelopment ofthe site. Mr. Little has been charged an exorbitant amount by the owner of the Chutney Restaurant and adjacent parking lot for the .27-acre property. With the tool of eminent domain stripped from use by cities, the City of Calumbia was unable to intervene and Mr. Little was forced to offer more than the fair market value for the property. It would not be economically feasible for Mr. Little to redevelop only the Beecroft and former single-family home properties. The assistance recommended includes: • $75,000 from CDBG to be used for land write-down • $100,000 from the Anoka County EDA levy • $30,000 in state aid for a turn lane • Up to $30,000 in surplus CDBG money to demolish the Chutney building • Loan of $43,600 for the Beecroft property, to be repaid by the developer at the time of the sale or refinancing of the project, not to exceed ten years The public assistance and conveyance of 3710, 3718 and 3722 Central Avenue to the developer are subject to a number of conditions, which are outlined in Sections 3.1 and 3.2 of the Contract for Private Redevelopment. Mark Ruff from Ehlers & Associates, the City's financial consultant, has reviewed the Sources and Uses statement submitted by Mr. Little and finds it consistent with industry standards. The purpose of this review is to check that associated costs Mr. Little projected for the project, such as rent ratios, are reasonable. 150 Recommendation- Staffs recommends adopting Resolution 2008-71, approving the Contract for Private Redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority and 37th and Central LLC. Recommended Motion Mave to waive the reading of Resolution 2008-71, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-71, a Resolution approving a Contract for Private Redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority and 37th and Central LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 151 RESOLUTION NO. 2008-7I CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS, THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND 37TZ~ Al`v'D CENTRAL LLC BE IT RESOLVED By the City of Columbia Heights (the "City") as follows: Section 1. Recitals. 1.01. The City of Columbia Heights, the Economic Development Authority (the "Authority") and 37tH and Central LLC (the "Redeveloper"} have proposed to enter into a Contract for Private Redevelopment, (the "Contract") setting forth the terms and conditions of the sale and subsequent redevelopment of certain property owned by the City, generally located on the southwest corner of 37t'' and Central Avenue. 1.02. The City believes that the building located on the Redevelopment Property is obsolete, with the result that the developer will incur significant costs to address these substandard conditions in order to redevelop the property. 1.03. In order to assist the Redeveloper in making redevelopment of the property economically feasible, the City will convey the City Parcels by quite claim deed to the Authority for later conveyance to the Redeveloper, and will provide financing and grant funds for acquisition and demolition, subject to all the terms and conditions of the Contract. 1.04. The City has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. 1.05. The Authority approved the Contract on April 1, 200$. Section 2. City Approval; Further Proceedings. 2.01. The Contract as presented to the City is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution ofthe documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are herby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of Columbia Heights this 14th day of April, 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 152 CONTRACT FOR PRIVATE REDEVELOPMENT By and Between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS, MINNESOTA and THE CITY OF COLUMBIA HEIGHTS, MINNESOTA and 37tH AND CENTRAL LLC Dated as of: April 1, 2008 This document was drafted by: KENNEDY & GRAVEN, Chartered (MTN) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 337-9242 327813v4 MTN CL205-44 153 TABLE OF CONTENTS ..................... PREAMBLE ................................................................................................. ARTICLE I Definitions Section 1.1. Defmitions ..................................................................................................... 2 ARTICLE II Representations and Warranties Section 2. l . Representations by the Authority and the City ................................................ 5 Section 2.2. Representations and Warranties by the Redeveloper ....................................... 5 ARTICLE III Property Conditions, Acquisition, Conveyance and Financing Section 3.1. Condition, Acquisition and Conveyance of the City Parcels; the Redevelopment Property ................................................................................7 Section 3.2. Conditions of Conveyance; Purchase Price ................................................... .. 7 Section 3.3. Place of Document Execution, Delivery and Recording ............................... .. 7 Section 3.4. Title ............................................................................................................. .. 7 Section 3.5. Soil Conditions; Other Representations ........................................................ ..7 Section 3.6. Environmental Conditions ........................................................................... 10 Section 3.7. Public Redevelopment Costs; Grants; Disbursements ................................... 10 Section 3.8. No Business Subsidy .................................................................................... 12 Section 3.9. Payment of Administrative Costs ................................................................. 13 Section 3.10. .,S~ction 'i l 1 Records ........................................................................................................ Relocation ...........................................................................13 13 ARTICLE IV Construction of Minimum Improvements and Public Improvements Section 4.1, Construction of Minimum Improvements ..................................................... 14 Section 4.2. Construction Plans ....................................................................................... 14 Section 4.3. Completion of Construction .........................................................................15 Section 4.4. Credits ......................................................................................................... 15 Section 4.5 Certificate of Completion ............................................................................. 15 ARTICLE V Insurance Section 5.1. Insurance .....................................................................................................17 Section 5.2. Subordination ...............................................................................................18 Section 5.3. Qualifications ............................................................................................... 18 327813v4 MTN CL205-44 11 154 ARTICLE VI Taxes Section 6.1. Right to Collect Delinquent Taxes ................................................................ 19 Section 6.2. Review of Taxes .......................................................................................... 19 ARTICLE VII Financing Section 7.1. Mortgage Financing ..................................................................................... 20 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8. I . Representation as to Redevelopment ............................................................ 21 Section 8.2. Prohibition Against Redeveloper's Transfer of Property alld Assignment of Agreement ............................................................................ 21 Section 8.3. Release and Indemnification Covenants ....................................................... 22 ARTICLE IX Events of Default Section 9.1. Events of Default Defined ............................................................................ 24 Section 9.2. Remedies on Default .................................................................................... 24 Section 9.3. Reverting Title in Authority Upon Happenuig of Event Subsequent To Conveyance to Redeveloper .................................................................... 24 Section 9.4. Resale of Reacquired Property; Disposition of Proceeds ............................... 26 Section 9.5. No Remedy Exclusive .................................................................................. 27 Section 9.6 No Additional Waiver Implied by One Waiver ............................................. 27 Section 9.7 Attorney Fees ............................................................................................... 27 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; City or Authority Representatives Not Individually Liable ....................................................................................... 28 Section 10.2. Equal Employment Opportunity ................................................................... 28 Section 10.3. Restrictions on Use ...................................................................................... 28 Section 10.4. Provisions Not Merged With Deed ............................................................... 28 Section 10.5. Titles of Articles and Sections ...................................................................... 28 Section 10.6. Notices and Demands ................................................................................... 28 Section 10.7. Counterparts ................................................................................................. 29 Section 10.8. Recording .................................................................................................... 29 Section 10.9. Amendment ................................................................................................. 29 327813v4 MTN CL205-44 111 155 Section 10.10. Authority or City Approvals ............................................................... Section 10.11. Termination ................................................................................................. 29 SCHEDULE A Description of Redevelopment Property SCHEDULE >3 Farm of Quit Claim Deed SCHEDULE C Certification of Completion SCHEDULED Loan Agreement 327813v4 MTN CL205-44 1V 156 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of 2008, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic (the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), the CITY OF COLUMBIA HEIGHTS, MINNESOTA, a municipal corporation under the laws of Minnesota, and 37 cri AND CENTRAL LLC, a Minnesota linnited liability company (the "Redeveloper"). WITNESSETH: WHEREAS, the Authority was created pursuant to the Act and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Columbia Heights ("City"); and WHEREAS, the City and the Authority (as successor to the Housing and Redevelopment Authority iii and for the City of Columbia Heights) have undertaken a program to promote redevelopment of land which that is characterized by blight and blighting factors within the City pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, the Authority and Redeveloper have previously entered into a Preliminary Development Agreement dated as of October 23. 2007 regarding proposed redevelopment of the property described in Exhibit A hereto, designated as the Redevelopment Property; and WHEREAS, this Agreement is intended to supersede and replace the Preliminary Agreement in all respects; and WHEREAS, the Authority and the City believe that the redevelopment of the Redevelopment Property pursuant to this Agreement, and fulfillnnent generally of this Agreement, are u1 the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been. undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of theirs does hereby covenant and agree with the other as follows: 157 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears fi•om the context: "Act" means the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.108, as amended. "Affiliate" means with respect to entity (a) any corporation, partnership, limited liability company or other business entity or person controlling, controlled by or under common control with the entity, and (b) any successor to such party by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling", "controlled by" and "under conuiion control. with" shall mean, with respect to any corporation, partnership, limited liability company or other business entity, the ownership of fifty percent or more of the voting interests 111 such entity or possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether through ownership of voting securities or by contract or otherwise. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Columbia Heights Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Business Subsidy Act" means Minnesota Statues, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any part, parcel or unit of the Redevelopment Property, pursuant to Section 4.4 of this Agreement. "City" means the City of Columbia Heights, Minnesota. 327813v4 MTN CL205~4 2 158 "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b} shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Anoka., Minnesota. `Event of Default" means an action by the Redeveloper listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Loan" means the interest-free loan from the Authority to the Developer far the purchase of 3710 Central Avenue as described in Section 3.2. "Minimum Improvements" means the construction of a building containing at least 10,000 square feet of commercial redevelopment and related improvements. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a perntted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Preliminary Development Agreement" means the Preliminary Development Agreement between the Authority and the Redeveloper dated as of October 23, 2007. "Public Redevelopment Costs" has the meaning provided in Section 3.7 hereof. "Redeveloper" means 37"` and Central; LLC or its permitted successors and assigns. "Redevelopment Property" means the property so described on Exhibit A. "State" means the State of Mimlesota. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the date the Authority issues the Certificate of Completion. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, significant weather conditions 327813v4 MTN CL205-44 3 159 such as floods, tonladoes, or the like, terrorism, strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local govermZlental unit (other than the Authority i11 exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Redeveloper's obtaining of permits or governmental approvals necessary to enable construction. of the Mnimum Improvements by the dates such construction is rewired under Section 4.3 of this Agreement. 327813v4 MTN CLZOS-44 4, 160 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority and the CitX. The Authority and City make the following representations as the basis for the undertaking on its part herein contaisled: (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act, t11e Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The City is a municipal corporation duly organized and existing under the laws of the State. The City has the power to enter into this Agreement and carry out its obligations hereunder. (c) The activities of the Authority and City are undertaken to foster the redevelopment of certain real property which for a variety of reasons is presently underutilized, to eliminate current blighting factors and prevent the emergence of further blight at a critical location in the City, to create increased tax base in the City, to stimulate further development in the City as a whole. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its article of organization or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its members. (b) Upon acquisition of the Redevelopment Property, the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Redeveloper has received no notice or communication from any Iocal, state or federal official that the activities of the Redeveloper or the Authority may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware}. The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Redeveloper will construct the Minimum Improvements in accordance with all local, state or federal energy-conservation laws or regulations. 327813v4 MTN CL205-44 5 161 (e) The Redeveloper will obtain, ui a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by ar conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) The Redeveloper shall promptly advise City in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Redeveloper or its business which may delay or require changes in construction of the Minimum Improvements. (h) The proposed redevelopment by the Redeveloper hereunder would not occur but for the public assistance in the form of a land value write-down and site preparation grants being provided by the Authority hereunder. 327813v4 MTN CL205-44 6 162 ARTICLE III Property, Conditions, Acquisition, Convevance and Financing Section 3.1. Condition Acquisition and Convevance of the City Parcels; the Redevelopment Property. (a} As of the date of this Agreement, the City owns three (3} parcels of land comprising a part of the Redevelopment Property (the "City Parcels"). The City will convey the City Parcels by quit claim deed to the Authority for later conveyance to the Redeveloper. The Redeveloper owns the two (2} remaining parcels on the Redevelopment Property (the "Redeveloper Parcels"}. The Authority believes that the building located on the Redeveloper Parcels is functionally obsolete, and the City Parcels are vacant. The Redeveloper will incur significant costs to address these substandard conditions in order to redevelop the property. In order to assist the Redeveloper in making development of the Minimum Improvements economically feasible, the Authority will convey title to and possession of the City Parcels to the Redeveloper at a reduced cost, and provide grant funds to address canditions on the Redevelopment Property subject to the conditions of this Agreement. (b) The Authority and City obligate themselves to undertake and complete by Closing the following actions: (i) Upon receipt from the City, convey 3710, 3718 and 3722 Central Avenue to the Redeveloper, as provided hereafter; (ii) Complete any remaining activities for the application to the County for up to 75,000 in community development block grant (CDBG) funds to be provided to the Redeveloper as provided hereafter, subject to final county board approval. (c) The Redeveloper obligates itself to undertake and complete by Closing the following actions: (i) Acquire 3700 and 3706 Central Avenue at its sole cost and expense. (d) The Redeveloper shall be responsible for all associated closing costs for both the City and the Economic Development Authority. Section 3.2. Conditions of Conveyance; Purchase Price. (a} The Authority shall convey title to and possession of the City Parcels to the Redeveloper by a quit claim deed in the form contained in Exhibit B. The Authority's obligation to convey the City Parcels to the Redeveloper is subject to satisfaction of the following terms and conditions: (i) the Redeveloper having submitted and the Authority having approved evidence of financing as required under Article VII; (ii) the Redeveloper having submitted and the Authority having approved Construction Plans for the Minimum Improvements as required by Article IV; 327813v4 MTN CL205-44 7 163 (iii) the Redeveloper having reviewed and approved title to the City Parcels as set forth ui Section 3.4; (iv) the Redeveloper not being in default under this Agreement; y~ the City having approved and granted all Redeveloper required land use and plat approvals (the "Land Use Approvals"). the Redeveloper paying the purchase price for the City Parcels as provided in subsection 3.2. (c). (vii) the Redeveloper having executed the Loan Agreement (the "Loan") substantially in the form shown at Schedule D for the loan of funds from the Authority relating to Redeveloper's purchase of 3710 Central Avenue. The Loan shall be for a period not to exceed ten (10) years, or the period ending with the sale or refinancing of any portion of the Minimum Improvements and/or Redevelopment Property, which ever is earlier. (b) The closing on conveyance of the Redevelopment Property from the Authority to the Redeveloper shall occur on or before August 1, 2008 (the "Closing"), or such other date as the Authority and Redeveloper agree in writing. (c) The purchase price of the City Parcels shall be as follows: Purchase Price Fair Market Value 3710 Central- $43,600 $78,600 3718 Central- $1.00 $49,100 3 722 Central- $1.00 $49,100 The respective purchase prices represent awrite-down of the their fair market value in recognition of the Redeveloper's costs of assembly of the Redevelopment Property and Public Redevelopment Costs as described in Section 3.7. Section 3.3. Place of Document Execution, Delivery and Recording. (a) Unless otherwise mutually agreed by the Authority and the Redeveloper, the execution and delivery of all deeds. documents and the payment of anv_ purchase price shall be made at the offices of the Authority. (b) The Deeds shall be in recordable form and shall be promptly recorded in the proper office for the recordation of deeds and other instruments pertaining to the Authority Parcel. At closing, the Redeveloper shall pay: all recording costs, excluding state deed tax, in corulection with the conveyance of the City Parcels; costs of recording any instruments used to clear title encumbrances and title insurance commitment; one-half of any title company closing fees, the cost of a title insurance policy or policies for the City Parcels; any costs relating to title and closing on the Redeveloper Parcels. 327813v4 MTN CL205-44 164 The Authority sizall pay any outstanding levied or pending special assessments levied against the City Parcels or other charges for public improvements however characterized installed or authorized prior to Closing. The parties agree and understand that the City Parcels are exempt from real property taxes payable in 2008. Section 3.4. Title. (a} Redeveloper shall at its cost and expense obtain a com>nitment for the issuance of a policy or policies of title insurance for the City Parcels and deliver the same to the Authority. The Redeveloper shall review the state of title to the City Parcels and provide the Authority with a list of written objections to such title. The Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the Redeveloper. In the event the Redeveloper shall have provided the Authority with a list of written objections, within ten (10) days after the date that all such objections have been cured to the reasonable satisfaction of the Redeveloper, the Authority and Redeveloper shall proceed with the conveyance of the City Parcels pursuant to Sections 3.1, 3.2 and 3.3 of this Agreement. In the event that the Authority has failed to cure objections within sixty (60) days after its receipt of the Redeveloper's list of such objections, either the Redeveloper or the Authority may by the giving of written notice to the other, terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder. The Authority shall have no obligation to take any action to clear defects ilz the title to the City Parcels, other than the good faith efforts described above. (b) The Authority shall take no actions to encumber title to the City Parcels between the date of this Agreement and the time which the Deed is delivered to the Redeveloper. Section 3.5. Soil Conditions; Other Representations. (a) The Redeveloper acknowledges that the Authority and City make no representations or warranties as to the condition of the soils on the City Parcels or the Redeveloper Parcels, or the fitness for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property. The Redeveloper acquires the City Parcels "as is." Neither the City nor the Authority has any obligation to acquire the Redeveloper Parcels. (b) Any time and from time to time prior to the date of closing, Redeveloper, and person or persons selected by Redeveloper shall be permitted access to the City Parcels for the purpose of conducting such studies and investigations of the City Parcels as Redeveloper deems appropriate, which studies and investigations shall he conducted at Redeveloper's sole expense and pursuant to any other terms and conditions of this Agreement. Redeveloper agrees to indemnify the Authority against any liability, cost or expense incurred by the Authority as a result of Redeveloper's actions, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. Such studies may include without limitation, physically inspecting the City Parcels and reviewing the Authority's records concerning the City Parcels which records shall be made reasonably available to Redeveloper. (c) The Authority discloses that there is not an individual sewage treatment system on or serving the City Parcels. 327813v4 MTN CL205-44 9 165 (d) The Authority does not know of any wells on the City Parcels, and will so certify in the deeds conveying the City Parcels to the Redeveloper. Section 3.6. Environmental Conditions. (a) The Redeveloper further acknowledges that the assistance provided to the Redeveloper under this Agreement neither implies any responsibility by the Authority or the City for any contamination of the City Parcels or Redeveloper Parcels, nor imposes any obligation on such parties to participate in any cleanup of such property, if required, by state or federal agencies. The Authority has provided all environmental reports (the "Environmental Reports") in its possession concerning the City Parcels to the Redeveloper, if any, and represents that that it knows of no other enviromnental conditions relating to the City Parcels, except as disclosed in the Environmental Reports. (b) Without limiting its obligations under Article VIII of this Agreement the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees (collectively, the "Inden-ulitees"), from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the City Parcels, or the Redeveloper Parcels, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the Indemnitees. Nothing in this section will be construed to limit or affect any (imitations on liability of the City or Authority Linder State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.7. Public Redevelopment Costs; Grants; Disbursement. (a) The Redeveloper shall acquire all parcels comprising the Redevelopment Property, demolish all existing buildings on the Redevelopment Property and undertake all soil corrections, utility relocation, and grading and excavation needed to construct the Minimum Improvements (such activities are collectively referred to as the "Public Redevelopment Costs") ,consistent with applicable State and Federal requirements, and deliver proof of approval of compliance with such requirements. The term Public Redevelopment Costs also includes Authority costs paid by the Redeveloper under Section 3.9 hereof, and relocation costs, if any, paid by Redeveloper under Section 3. l 1 hereof. (b) In order to assist the Redeveloper with acquisition of the Redevelopment Property and construction of the Minimum Improvements, the Authority will provide the following agcictan~e. (i) $100,000 from the Anoka County Economic Development Authority levy for land acquisition costs; (ii) $75,000 from community development block grant (CDBG) funds from Anoka County (Grantor Agency) for land acquisition costs; (iii) $30,000 from CDBG funds for demolition activities on the Redevelopment Property; (iv) $30,000 not to exceed, of State Aid Road funds for_ turn lane construction; 327813v4 MTN CL205-44 10 166 (v) $133,198 in land value write-downs; (vi) $21,800 in interest write-down for tl~e Loati. Total grant and in-kind assistance is $389,998. (c) The Authority will pay, reimburse or provide in-kind assistance to the Redeveloper for Public Redevelopment Costs, from and to the extent of the proceeds from the Grantor Agency, the Authority and the City. Notwithstanding anything to the contrary herein, if Public Redevelopment Costs exceed the amount to be reimbursed under this Section, such excess costs shall be the sole responsibility of the Redeveloper. (d) Upon request of Redeveloper from time to time, the Authority will disburse to or on behalf of the Redeveloper, from the grant and caslz_sources described in Section 3.7(b), up to $205,000, the maximum amount of the cash assistance from the grants from the County, and Authority, and provide the in-kind contribution for the turn lane and the land acquisition and interest write-downs, for payment of the Public Redevelopment Costs, subject to the condition precedent that on the date of such disbursement: (i) No Event of Default under this Agreement or event which would constitute such an Event of Default but for the requirement that notice be given or that a period of grace or time elapse, shall have occurred and be continuing; (ii) The Authority has received a written statement from the Redeveloper's authorized representative certifying with respect to each payment: (A) that none of the items for which the payment is proposed to be made has formed the basis for any payment theretofore made under this section; (B) that each item for which the payment is proposed is an item of Public Redevelopment Costs and (C) the Redeveloper reasonably anticipates completion of the Minimum Improvements in accordance with the terms of this Agreement. (iii} No license or permit necessary far undertaking the Environmental Remediation or constructing the Minimum Improvements shall have been revoked or the issuance thereof subjected to challenge before any court or other governmental authority having or asserting jurisdiction there over. (iv) Redeveloper has acquired fee title to the City Parcels, or has received a right of access to the City Parcels from the Authority to accomplish an item of Public Redevelopment Costs. (v) Redeveloper has submitted, and the Authority has approved, Construction Plans for the Minimum Improvements in accordance with Article IV hereof, and financing commitment in accordance with Article VII hereof. (e) Whenever the Redeveloper desires a disbursement to be made hereunder, which shall be no more often than monthly, the Redeveloper shall submit to the Authority a letter duly executed on behalf of the Redeveloper accompanied by paid invoices or other comparable 327813v4 MTN CL205-44 1 1 167 evidence that the cost has been incurred and invoices paid by Redeveloper. Each request shall constitute a representation and warranty by the Redeveloper that all representations and warranties set forth in this Agreement are true and correct as of the date of such draw request. (~ If the Redeveloper has performed all of its agreements and complied with all requirements theretofore to be performed or complied with hereunder, including satisfaction of all applicable conditions precedent contained in Article III hereof, and upon receipt of requested fiords, the Authority shall make a disbursement to the Redeveloper in the amount of the requested disbursement. Each disbursement shall be paid as follows: Within thirty (30) business days of receipt of a request for disbursement, the Authority shall disburse the approved amount of the requested disbursement to the Redeveloper. (g) The making of the final disbursement by the Authority under this Section shall be subject to the condition precedent that the Redeveloper shall be in compliance with all conditions set forth in this Section, and further, that the Authority shall have received a lien waiver from each contractor for all work done and for all materials furnished by it for the Public Redevelopment Costs. (h) The Authority may, in its sole discretion, without notice to or consent from any other party, waive any or all conditions for disbursement set forth in this Article. However, the making of any disbursement prior to fulfillment of any condition therefor shall not be construed as a waiver of such condition, and the Authority shall have the right to require fulfillment of any and all such conditions prior to authorizing any subsequent disbursement. (i) Notwithstanding anythuig to the contrary in this Agreement, if Redeveloper should default by failing to complete the Minimum Improvements by the dates specified in Section 4.3(a), the Redeveloper shall promptly repay to the Authority the amount disbursed to Redeveloper under clauses (d)-(g). Section 3.8. No Business Subsidy. The parties understand that the Authority is transferring the City Parcels to the Redeveloper by means of a write-dawn of the fair-market value cf the City Parcels from $176,800 to $43,602, a total write-dow~i of $133,198. The Authority in addition will provide $100,000 from the Anoka County Economic Development Authority levy, and $75,000 from a CDBG Grant to the Authority, to the Redeveloper for acquisition and Public Redevelopment Costs related to the Redevelopment Property. The Auti~ority in addition will provide a grant, in an amount not to exceed $30,000 for demolition activities on the Redevelopment Property. The City, in addition, will finance the construction of a 100 -foot turn lane into the Redevelopment Property in an amount not to exceed $30,000. In addition, the value of the interest-free Loan for acquisition costs relating to 3710 Central Avenue represents a grant in an amount up to $21,800 based on a ten-year term for the Loan at 5% interest. These grants, interest and land write-downs total $389,998. The amount of the subsidy of $389,998 does not constitute a business subsidy because the Redeveloper's investment in site acquisition and preparation is at least $701,602, which is 70 percent or more of the assessor's current year's estimated market value of $572,800 for the Redevelopment Property. Therefore, no business subsidy is being provided to the Redeveloper pursuant to Minnesota Statutes, Section 116J.993 to 116J.995, as amended. 32"7813v4 MTN CL205-44 12 168 Section 3.9. Payment of Administrative Costs. The Redeveloper is responsible for the Authority's "Administrative Costs," which means out-of-pocket costs incurred by the Authority attributable to or incui~-ed in connection with the negotiation and preparation of this Agreement, the Preliminary Development Agreement, and other documents and agreements in connection with the City Parcels, In order to secure partial payment of the Administrative Costs, the Redeveloper delivered to the Authority $3,000 upon execution of the Preliminary Development Agreement. The Authority will utilize such funds to pay or reimburse itself for Administrative Costs. If at any one or more times during the term of this Agreement, the Authority determines that Administrative Costs will exceed $3,000 and that additional security is required, the Authority shall notify the Redeveloper of the amount of such additional security. Within ten calendar days of receipt of such notice, the Redeveloper shall deliver to the Authority the required additional security. Failure of the Redeveloper to deliver the requested additional security will result in the Authority suspending its obligations under this Agreement until the security is provided. Section 3.10. Records. The Authority or its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy alI books and records of Redeveloper relating to the Minimum Improvements. Section 3.11. Relocation. (a) The Redeveloper shall be responsible for the relocation of all tenants of the Redevelopment Property, if any, including the provision of any relocation benefits and payments. The Redeveloper shall consult with a relocation consultant, approved by the Authority, regarding the relocation benefits and payments to be provided to them in exchange for their relocation from the Redevelopment Property. (b) The Redeveloper shall provide to the Authority written agreements, in a form approved by the Authority, from each owner and occupant of the Redevelopment Property, under which such owners and occupants agree to be relocated from the Redevelopment Property on terms contained in the agreements. In addition, the Redeveloper shall furnish to the Authority a written certification from its attorney that waivers of relocation benefits contained in such agreements were explained to each owner and occupant in accordance with the terms of the agreement. (c) Without limiting the Redeveloper's obligations under Section 8.3 hereof, the RedPvel_ope_r will i_ndemi,ify; defend and hold harmless the Authority; the City; and their governing body members, employees, agents and contractors from any and all claims for benefits or payments arising out of the relocation or displacement of any person from the Redevelopment Property as a result of the implementation of this Agreement. 327813v4 MTN CL205-44 13 169 ARTICLE IV Construction of Minimum Improvements and Public Improvements Section 4.1. Construction of Minimum Improvements. (a) The Redeveloper agrees that, upon acquisition of the parcels comprising the Redevelopment Property, it will construct or cause construction of the Minimum Improvements on the Redevelopment Property, in substantial compliance with approved Construction Plans and at all times while Redeveloper awns the Redevelopment Property, all as determined by the City Engineer in his reasonable discretion, will operate and maintain, preserve and keep the respective components of the Minimum Improvements or cause such components be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (b) All plans and specifications shall in addition comply with all conditions imposed on Redeveloper by the City or its Planning Commission in approving the requested zoning approvals, including the requirement that all parcels comprising the Redevelopment Property be platted into one parcel with its legal description (the "Land Use Approvals") for the Redevelopment Property. Section 4.2. Construction Plans. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide far expenditures in excess of the funds available to the Redeveloper from all sources (including Redeveloper's equity) for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Engineer and Building Official of the Construction Plans. No approval by the Authority Representative shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement or of the Redevelopment Plan; applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 15 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within 15 days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority 327813v4 MTN CL205134 14 »o Representative's approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements to be constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) If the Redeveloper desires to make any material change in the Construction Plans after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change iu~ the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth i11 detail the reasons therefor. Such rejection shall be made within 15 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements by September 1, 2008, and must substantially complete construction of the Minimum Improvements by May 1, 2009. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority and the City. If the Redeveloper is making substantial progress with respect to the redevelopment project, and is unable to meet one or more of the above-referenced deadlines, the Authority and the Redeveloper shall negotiate in good faith for a reasonable period to extend the time in which necessary action(s) must be taken or occur, the lapse of which time would otherwise constitute a default under this Agreement. (b) The Redeveloper agrees far itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed subject to U~~avoidable Delay within the period specified in this Section 4.3 of this Agreement. Subsequent to conveyance of the City Parcels, or any part thereof, to the Redeveloper, and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Redeveloper with respect to such construction. Section 4.4. Credits. The Redeveloper shall receive four (4) SAC credits. Redeveloper shall be responsible for all other charges and fees imposed by the City. Section 4.5. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates 327813v4 MTN CL205-44 15 171 for completion thereof), the Authority will furnish the relevant Redeveloper with a Certificate of Completion in substantially the form attached as Schedule C. Such certification by the Authority shall be (and it shall be so provided in the Deed and in the certification itself} a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and u1 the Deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the relevant component of the Minimum Improvements and the dates for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) The Certificate of Completion provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaliiing to the Redevelopment Property. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Redeveloper has received a certificate of occupancy from the City, and all site improvements have been substantially completed as reasonably determined by the Authority Representative. 3278 13v4 MTN CLZOS-44 16 172 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in non-reporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with liizlits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used}; (iii) Automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle of not less than $1,000,000; and (iv) Workers' compensation insurance, with statutory coverage. (b} All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby, and shall name the Authority, the City and any Mortgagee as an additional named insured thereunder. Upon request, the Redeveloper will deposit annually with the Authority policies evidencing all such insurance. or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may >naintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 327813v4 MTN CL205~4 17 173 (c) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destnlction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall. complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Redeveloper. (d) The Redeveloper and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement, the issuance by the City of a Certificate of Completion for the Minimum Improvements. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. Section 5.3. Qualifications. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that: (a) Upon transfer of the City Parcels or portion thereof to another person or entity, the Redeveloper will remain obligated under Section 5.1 hereof relating to such portion transferred, unless the Redeveloper is released from such obligations in accordance with the terms and conditions of Section 8.2(b), (c), or 8.3 hereof. 3Z7R13v4 MTN CL205-4A 1 g 174 ARTICLE VI Taxes Section 6.1. Right to Collect DelinQUent Taxes. The Redeveloper acknowledges that the Authority is providing substantial aid and assistance 111 furtherance of the redevelopment described in this Agreement, in part through payment of the Public Redevelopment Costs. The Redeveloper understands that the real estate taxes on the Minimum Improvements must be promptly and timely paid. To that end, the Redeveloper agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum Improvements. The Redeveloper acknowledges that this obligation creates a contractual right prior to the issuance of a Certificate of Completion on behalf of the Authority to sue the Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the issuance of the Certificate of Completion, it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement. The Redeveloper also agrees that it will not, prior to the issuance of the Certificate of Completion, apply fora deferral of property tax on the Redevelopment Property pursuant to any law, or transfer or permit transfer of the Redevelopment Property to any entity whose ownership or operation of the property would result in the Redevelopment Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City or Authority in accordance with this Agreement}. 327813v4 MTN CL205-44 19 175 ARTICLE VII Financing Section 7.1. Mortgage Financing. (a) Before the Redeveloper's Closing Date, the Redeveloper shall submit to the City evidence of one or mare commitments for financing which, together with conunitted equity for such construction, is sufficient for payment of the Construction Costs for the Minimum Improvements. Such commitments may be submitted as short Germ financing, long _term mortgage financing, a bridge loan with a long _term take-out financing commitment, or any combination of the foregoing. (b) If the financing is sufficiently committed and adequate in amount to pay the casts specified in paragraph (a) then the Authority staff shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within ten (10) days from the date when the Authority is provided the evidence of financing. A failure by the Authority staff to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority staff rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within ten (10) days after such rejection. (c) In the event that there occurs a default under any Mortgage authorized pursuant to Section 7.1 of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy of any notice of default given by the Authority pursuant to Article IX of this Agreement. (d) In order to facilitate the securing of other financing, the Authority agrees to subordinate its rights under this Agreement provided that such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing. Notwithstanding anything to the contrary herein, any subordination agreement must include the provision described in Section 10.3. 327813v4 MTN CL2051t4 20 176 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redevelo.~er's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (a) Except as specifically described in this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or farm of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of the Authority's board of conunissioners. The term "Transfer" does not include (i) encumbrances made or granted by way of security for, and only for, the purpose of obtaining constriction, interim or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property or to construct the Minimum Improvements, (ii) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Minimum Improvements, (iii) any sale, conveyance, or transfer in any form to any Affiliate, or (iv) any change in ownership of the Redeveloper so long as the identity of the parties in control of Redeveloper do not change. Any such transfer shall be subject to the provisions of this Agreement. (b) If the Redeveloper seeks to effect a Transfer prior to issuance of the Certificate of Completion, the Authority shall be entitled to require as conditions to such Transfer that: (i) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper as to the portion of the Redevelopment Property to be transferred; and (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable in the public land records of Anoka County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement as to the portion of the Redevelopment Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not 327813v4 MTN CL205-44 21 177 (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Redevelopment Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Redevelopment Property that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the Redevelopment Property, from any of its obligations with respect thereto; and (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. (c) If the conditions described in paragraph (b) are satisfied then the Transfer will be approved and the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (c) apply to all subsequent transferors, assuming compliance with the terms of this Article. (d) Upon issuance of the Certificate of Completion, the Redeveloper may transfer or assign the Minimum Improvements and/or the Redeveloper's rights and obligations under this Agreement with respect to such property without the prior written consent of the Authority. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority and the City and the governing body members, officers, agents] servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or the Public Improvements, except for any such damages or injuries directly related to the gross negligence of the Authority or the City. (b) Except for any willful or negligent misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Redeveloper agrees to protect and defend the Authority and the City and the governing body members, officers, agents, servants and employees thereof (the "Indemnified. Parties"), now or forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding 3~7813v4 MTN CL205-44 22 178 whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements and Public Improvements. (e) Except for any negligence of the Indemnified Parties (as defined in clause (b) above), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indeiruiified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Public Improvements due to any act of negligence of any person. (d} All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the uidividual capacity thereof. 327813v4 MTN CL205-44 23 179 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non-defaulting party provides 30 days written notice to the defaulting party of the event, but only if the event has not been cured within said 30 days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within such 30-day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failure by the Redeveloper or the Acithority to obsel-ve or perform any material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement; (b) The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; (ii) makes an assignment for benefit of its creditors; (iii) admits iii writing its inability to pay its debts generally as they become due; (iv) is adjudicated a bankrupt or insolvent; or (v) fails to pay or escrow for the Authority's Administrative Costs. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non-defaultinl? partv may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 327813v4 MTN CL205-44 24 180 Section 9.3. Revesting Title in Authority Upon Happening, of Event Subsequent to Conveyance to Redeveloper. In the event that subsequent to conveyance of the City Parcels to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion for the Minimum Improvements required to be constructed. on that parcel: (a) the Redeveloper, subject to Unavoidable Delays, shall fail to begin construction of the Minimum Improvements in conformity with this Agreement and such failure to begin construction is not cured within 90 days after written notice from the Authority to the Redeveloper to do so; or (b) subject to Unavoidable Delays, the Redeveloper after commencement of the construction of the Minimum Improvements, fails to carry out its obligations with respect to the construction of such improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within 90 days after written demand from the Authority to the Redeveloper to do so; or (c) the Redeveloper fails to pay real estate taxes or assessments on the parcel or any part thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the parcel (except to the extent permitted by this Agreement), or shall suffer any levy or attachment to be made, or any material men's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal, or discharge, within thirty (30) days after written demand by the Authority to do so; provided, that if the Redeveloper first notifies the Authority of its intention to do so, it may in good faith contest any mechanics' or other lien filed or established and in such event the Authority shall permit such mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal and during tine course of such contest the Redeveloper shall keep the Authority informed respecting the status of such defense; or (d) there is, in violation of the Agreement, any transfer of the parcel or any part thereof, and such violation is not cured within sixty (60) days after written demand by the Authority to the Redeveloper, or if the event is by its nature not reasonably susceptible of being cured within 60 days, the Redeveloper does not, within such 60-day period, provide assurances reasonably satisfactory to the Authority_ that the event will be cured as soon as reasonably possible; or (e) the Redeveloper fails to comply with any of its other covenants under this Agreement, including failure to complete Environmental Remediation as provided in Section 3.8 related to the Minimum Improvements and fails to cure any such noncompliance or breach within thirty (30) days a$er written demand from the Authority to the Redeveloper to do so, or if the event is by its nature incurable within 30 days, the Redeveloper does not, within such 30-day period, provide assurances reasonably satisfactory to the Authority that the event will be cured as soon as reasonably possible; or 327813v4 MTN CL205-44 25 181 Then the Authority shall have the right to re-enter and take possession of the City Parcels and to ternunate (and revert in the Authority) the estate conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the parcel to the Redeveloper shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Redeveloper described in this Section 9.3 and failure on the part of the Redeveloper to remedy, end, or abrogate such. default within the period and in the manner stated in such Section, the Authority at its option may declare a termination in favor of the Authority of the title, and of all the rights and interests in and to the parcel conveyed to the Redeveloper, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the parcel, shall revert to the Authority, but only if the events stated in Section 9.3(a)-(e) have not been cured within the time periods provided above. Section 9.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting ill the Authority of title to and/or possession of the City Parcels or any part thereof as provided in Section 9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the Redevelopment Property or part thereof as soon and in such manner as the Authority shall fmd feasible and consistent with the objectives of such law and of the Redevelopment Plan to a qualified and responsible party or parties (as determined by the Authority) who will assume the obligation of making or completing the Minimum Improvements or such other improvements in their stead as shall be satisfactory to the Authority in accordance with the uses specified for such Redevelopment Property or part thereof in the Redevelopment Plan. Upon resale of the parcel, the proceeds thereof shall be applied: (a) First, to reimburse the Authority for all costs and expenses incurred by them, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the parcel (but less any uzcome derived by the Authority from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the parcel or part thereof (or, in the event the parcel is exempt from taxation or assessment or such charge during the period of ownership thereof by the Authority, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official) as would have been payable if the parcel were not so exempt}; any payments made or necessary to be made to discharge any encumbrances or liens existing on the parcel or part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made anv subsequent encumbrances or liens due to obligations, defaults or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the subject improvements or any part thereof on the parcel or part thereof; and any amounts otherwise owing the Authority by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the purchase price paid by Redeveloper under Section 3.2; plus (2) the amount actually invested by it in making any of the subject improvements on the parcel or part thereof. 3278] 3v4 MTN CL205-44 26 182 Any balance remaining after such reimbursements shall be retained by the Authority as its property. Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such. remedy shall be cumulative and shall be in addition to every other remedy given. under this Agreement or now or hereafter existing at taw or lli equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such. right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.7. Attorney Fees. Whenever any Event of Default occurs and if the Authority or Redeveloper shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper ar Authority under this Agreement, the non-prevailing party in any such action agrees that it shall, within 10 days of written demand by the prevailing party, pay to the prevailing party the reasonable fees of such attorneys and such other reasonable expenses so incurred. 327813v4 MTN CL205-44 27 183 ARTICLE X Additional Provisions Section 10.1. Conflict of Interest• City or Authority Representatives Not Individually Liable. The Aurthority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City or the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City or the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to, the operation of the Minimum Improvements for uses described in the definition of such term in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected. thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any lilterest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only_ and shall be disregarded in construuig or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 522 Lomianki Lane, Minneapolis, MN, 55421; and 327813v4 MTN CL205114 2g 184 (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 590 - 40t'' Avenue NE, Columbia Heights, Minnesota 55421, Attn: Executive Director; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.x. Counterarts. This Agreement may be executed i11 any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recardin~. The Authority may record this Agreement and any amendments thereto with the Anoka County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority or City Approvals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative. Section 10.1 L Tennulation. This Agreement terminates on the date the City issues the Certificate of Completion, except that termination of the Agreement does not terminate, limit or affect the rights of any party that arises before the date the City issues the Certificate of Completion, or as otherwise provided herein. 3278 13v4 MTN CL205-44 29 185 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. STATE OF MINNESOTA ) } ss. COUNTY OF ANOKA ) COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Its President- Gary L. Peterson By Its Executive Director-Walter RFehst By The foregoing instrument was acknowledged before me this day of , 2008, by and ,the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public 327813v4 MTN CL205-44 30 186 CITY OF COLUMBIA HEIGHTS Its Mayor-Gary L. Peterson By Its City Manager-Walter R. Fehst By STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2008, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. 327813v4 MTN CL205-44 3 l Notary Public 187 37TH AND CENTRAL LLC By Christopher Little Its STATE OF MINNESOTA ) ss. COUNTY OF } The foregoing instrument was acknowledged before me 2008 by Christopher Little, the LLC, a Minnesota limited liability company, on behalf of the company. this day of of 37th and Central Notary Public 327813v4 MTN CL205-44 32 188 SCHEDULE A REDEVELOPMENT PROPERTY Cg9y Parcels Address PIN Former Use Property Description 3710 Central 35-30-24-44-0119 Beecroft building COLUMBIA HEIGHTS (demolished) ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA LOT 16 BLK 87 COL HTS ANNEX 3718 Central 35-30-24-44-0118 Non-conforming single- COLUMBIA HEIGHTS family home ANNEX TO (demolished) MINNEAPOLIS, ANOKA COUNTY, MINNESOTA LOT 15 BLK 87 COL HTS ANNEX 3722 Central 35-30-24-44-0117 Non-conforming single- COLUMBIA HEIGHTS family home ANNEX TO (demolished) MINNEAPOLIS, ANOKA COUNTY, MINNESOTA LOT 14 BLK 87 COL HTS ANNEX Redeveloper Parcels Address PIN Former Use Property Description 3700 Central 35-30-24-44-0121 Chutney restaurant THE S 50 FT OF LOT 18 BLK 87 COLUMBIA HEIGHTS ANNEX, SUBJ TO EASE OF REC 3706 Central 35-30-24-44-0120 Chutney parkuig lot LOT 17 BLK 87 COLUMBIA HEIGHTS ANNEX, TOG/W THAT PRT OF LOT 18 SD BLK LYG N OF S 50 FT THEREOF, SUBJ TO EASE OF REC 327813v4 MTN CL205-44 A-1 189 SCHEDULE B FORM OF QUIT CLAIM DEED State Deed Tax Due Hereon: $ QUIT CLAIM DEED THIS INDENTURE, between the Columbia Heights Economic Development Authority, a public body corporate and politic (the "Grantor"}, and 37th and Central LLC, a Minnesota limited liability company (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of $1.00 and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel. of land lying and being in the County of Anoka and State of Minnesota described on "Exhibit A" attached hereto, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"): To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging, subject to: See attached "Exhibit B" SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on the day of .2008. identified as "Contract for Private Redevelopment," as it may be amended (hereafter referred to as the "Agreement"}, that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any applicable development program and applicable provisions of the zoning ordinance of the City of Columbia Heights, Minnesota, or for the refinancing of the same. 3278 13v4 MTN CL205-44 B-1 190 It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. A11 certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perforni in order to obtain such certification. SECTION 2. The Grantee's rights and interest in the Property are subject to the terms and conditions of Section 9.3 of the Agreement relating to the Grantor's right to re-enter and revest in Grantor title to the Property under conditions specified therein, including but not limited to termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with all provisions of the Agreement that relate to the Property or use thereof for the periods specified in the Agreement. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land for the term of the Agreement, and that they shall, irl any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its 327813v4 MTN CL205-44 B_2 191 successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party ill possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants provided herein, both for and in its own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall not have any right to re-enter the Property or revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its obligations under this Section 3. SECTION 4. This Deed is also given subject to provision of the ordinances, building and zoning laws of the City of Columbia Heights, and state and federal laws and regulations in so far as they affect this real estate. Grantor certifies that it does not know of any wells on the Property. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director and has caused its corporate seal to be hereunto affixed this day of , 2008. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President-Gary L. Peterson By Its Executive Director-Walter R. Fehst 327813v4 MTN CL205-44 B-3 192 STATE OF MINNESOTA ) } ss COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of , 2008, by Crary L. Peterson and Walter R. Fehst, the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public This instrument was dra$ed by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 Tax Statements should be sent to: 37th and Central LLC 552 Lomianki Lane Minneapolis, MN 55421 327813v4 MTN CL205-44 B_q, 193 EXHIBIT A 327813v4 MTN CL205-44 B-5 194 EXHIBIT B 1. Real estate taxes and special assessments not yet due, if any. 2. Matters as shown on survey by 327813v4 MTN CL205-44 B_6 195 SCHEDULE C CER'T'IFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority, Columbia Heights, Minnesota, a public body, corporate and politic (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Anoka and State of Minnesota, as Deed Document Number(s) and ,respectively, has conveyed to , a Minnesota (the "Grantee"), the following described land in County of Anoka and State of Minnesota, to-wit: (the "Property") and WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, said Grantee has performed said covenants and conditions with respect to the Property insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee on the Property have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Article IV of the Agreement (as described. in said Deed) with respect to the Property have been performed by the Grantee therein, and the County Recorder or the Registrar of Titles in and for the County of Anoka and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this uistrument, to be a conclusive determination of the satisfactory tPrmi_nation of the covenants and. conditions of Article IV of the Agreement with respect to the Property, Dated: , 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By By Its President-Gary L. Petei son Its Executive Director-Walter R. Fehst 327813v4 MTN CL205-44 ~'_l 196 STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of , 20_, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly swon~, did say that (s)he is the President of the Authority named in the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed in behalf of said Authority by authority of its govenling body; and said acknowledged said instrument to be the free act and deed of said Authority. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of , 20_, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the Executive Director of the Authority named iii the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed in behalf of said Authority by authority of its governing body; and said acknowledged said instrument to be the free act and deed of said Authority. Notary Public 3Z7813v4 MTN CL205-44 C_2 197 SCHEDULE D LOAN AGREEMENT 3?7R13v4 MTN CL205-44 C_3 198 CITY COUNCIL LETTER MEETING OF: APRIL 14, 2008 AGENDA SECTION - ~- ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION ESTABLISHING A BY: WILLIAM ELRITE BY: , CONSTRUCTION FUND FOR THE ° PUBLIC SAFETY BUILDING DATE: APRIL 8, 2008 ( ~ NO: At the work session of March 31, 2008 there was a discussion regarding the establishment of a construction fund for the public safety building to provide temporary funding until bond proceeds are received along with the City purchasing the NEI property from the EDA with bond proceeds. The attached resolution establishes a construction fund and provides $600,000 in temporary funding with a transfer from the Housing Maintenance Program fiord. It is staff's recon-unendation that when the bond proceeds are received the $600,000 be transferred to the General Government Building fund and reserved until construction is completed for any potential overruns in construction costs or other potential improvements to the NEI lot. This resolution does not cover the actual purchase of the NEI property from the EDA; that will take a separate action. by the City Council once bond proceeds are received. When the City purchases the land from the EDA it will provide the EDA with funding to replenish the Housing Maintenance Program or to be utilized for other development projects. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-67, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-67 being a resolution establishing a construction fund for the public safety building. WE/sms 0804081 COUNCIL Attachment: Resolution 2008-67 COUNCIL ACTION: 199 RESOLUTION NO. 2008-67 BEING RESOLUTION ESTABLISHING A CONSTRUCTION FUND FOR THE PUBLIC SAFETY BUILDING WHEREAS, the City of Columbia Heights has i7iitiated the process of constructing a new public safety building; and WHEREAS, to facilitate proper accounting for all revenue and expenses related to this project, it is necessary to establish a construction fund; and WHEREAS, temporary funduig is needed until bond proceeds are received; and WHEREAS, the City Council desires to establish a reserve fund to cover potential praject overruns and/or to provide additional improvements to the site; NOW, THEREFORE, BE IT RESOLVED that fund 417, Public Safety Building Construction, be established to account for construction revenue and expenses; BE IT FURTHER RESOLVED that $600,000 be transferred from the Housing Maintenance fund 407 to provide startup funding until bond proceeds are received. BE IT FURTHER RESOLVED that when bond proceeds are received the initial startup capital of $600,000 be transferred to the General Government Building fund and reserved for site improvements or other project costs until such time as the public safety building is completed. Passed this day of , 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 200 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: April 14, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Mayor/City Council BY: Walt Fehst BY: Salaries DATE: April 9, 2008 DATE: NO: Background: Per City Charter, Chapter 2, Sectionl3, Salaries: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change ll1 salary shall take effect until after the next succeeding municipal election. The City of Columbia Heights Mayor and City Councihnember's salaries have not been uicreased in the last twenty years. In 1994, in fact, the Mayor's salary was reduced to the 1982 level (26 years ago). Cansideration is requested to adjust these salaries. With regards to the Mayor's position the duties of the Mayor's office in 2008 are at least comparable to the position's responsibilities prior to 1994 when the salary level was $13,800. An adjustment back to that level should be considered. In support of a Mayoral adjustment, I would offer the following: City Charter assigns responsibility to the Mayor for the Police Department. On a day to day basis, the department operates like all the other departments of the City, but when major policy decisions are made (i.e. Police Chief, Public Safety building, work force increases, etc.) the Mayor has been very iiwolved. Also, the construction that the City will be involved with for the next two years (Community gym, Public Safety building) has taken up an increasing amount of the Mayor's time as the Council representative (Owner's Rep.), to the development of construction plans. Also, since the Council has been locked in at the same rate for the past twenty years, you may want to consider some increase. Recommended Motion: Move to approve, following the 2008 municipal election, a salary increase far the City of Columbia Heights Mayor to $13,800 per year. Move to approve, following the 2008 municipal election, a salary increase for the City of Columbia Heights Council members to $ per year. COUNCIL ACTION: 201 CITY COUNCIL LETTER MEETING OF: APRIL 14, 2008 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPT: CITY MANAGER NO: ADMINISTRATION APPROVAL ITEiv1: ORDINANCE PROVIDING FOR THE BY: WALT FEAST BY: ISSUANCE AND SALE OF UP TO $11,500,000 IN GENERAL OBLIGATION PUBLIC SAFETY DATE: APRIL 9, 2008 CENTER BONDS, SERIES 2008B NO: This is the second reading of Ordinance No. 1541. The attached ordinance is for the sale of approximately $11,500,000 in General Obligation Public Safety Center Bonds to construct and equip a police and fire facility. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the bonds. RECOMMENDED MOTION: Move to waive the reading of Ordinance 1541, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1541, being an ordinance providing for the issuance and sale of up to $11,500,000 in General Obligation Public Safety Center Bonds, Series 2008B. /sms 0804091 COUNCIL Attachments: "Ordinance PresaleReportPubSaf 1541.doc" etyBonds031908.pdf COUNCIL ACTION: 202 ORDINANCE NO. 1541 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF UP TO $1.1,500,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B THE CIT ~' OF COLUMBIA HEIGHTS DOES ORDAIN: 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 41 sc Avenue, Jackson St, 42°d Avenues 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 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 2008B (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 comlection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds iii the maximum principal amount specified in Section 1(c}, in accordance with the terms of proposal approved by the City Manager and the City Fuiance 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. F irsi Reatiiiig: ivia cii 24, 2x08 Second Readu1g: April 14, 2008 Date of Passage: Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 203 arch , 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), the tax impact is approximately $58. See attached debt service projections for more detail. This tax impact could be ~HLERS uiaeono a rrietle Hosea Page 1 204 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 Bands 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 more than $5,000,000 in tax-exempt bonds in 2008, the interest ean~ings 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: Sources and Uses and Debt Service Estimates Ehlers Contacts: Financial Advisors: Mark Ruff (651} 697-8505 Stacie Kvilvang (651 } 697-8506 Shelly Eldridge (651) 697-8504 Rond Analysts: Diana Lockard Debbie Holmes Bond Sale Coordinator Connie Kuck (6511697-8534 (651)697-8536 (651) 697-8527 The Official Stateme»t for this financing will be mailed to the home of each Coz~ncil Member at their home address for review prior to the sale date. ~HL~Ra vaaess v waee nose8 Page 2 205 Preliminary -For Discussion Purposes Only City of Columbia Heights, MN Proposed G.O. Public Safety Center Bonds, Series 20088 - $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 2/112009 Other Fund Sources - 1st Princ ipal Pymt 2/1/2011 Total Sources 11,500,000 Total Underwri ter's Discount (.0075%) 86,250 TIC 4.8500% Costs of Issua nce 55,000 Deposit to Capitalized Interest (CIF) Fund 482,148 Deposit to Project Construction Fund 10,875,000 Rounding Amount 1,602 Total Uses 11,500,000 Principal Impact on Lery Collect Payment Gap Net P & 1 Tax Tax $200,000 Year Year Date Principal Rate Interest Interest P & I 100% Base Rate 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% 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% 443,778 758,778 758,778 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,$00 758,800 2024 2025 2/1/2026 400,000 4.60% 356,668 756,668 756,668 2025 2026 2/1/2027 420,000 4.70°l0 338,268 758,268 758,268 2026 2027 2/1/2028 440,000 4.80% 318,528 758,528 75$,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% 274,638 754,638 754,638 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% 170,888 755,888 755,888 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 11,500000 10,477,968 (482,148) 21,495,819 21,495,819 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% overlevy taken from excess TIF received in 2009 for 2nd half payment of taxes Prepared by Ehlers & Associates, Inc. 3/1~~08 FREERS 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%j 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 & I Tax Tax $200,000 Year Year Date Principal Rate {nterest Interest P 8~ 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% 2009 2010 2/1/2011 210,000 3.10% 481,728 691,728 691,728 14,391,595 45.462% 2010 2011 2/1/2012 220,000 3.20% 475,218 695,218 895,218 2011 2012 2/1/2013 225,000 3.30% 468,178 693,178 693,178 2012 2013 2/1/2014 235,000 3.35% 460,753 695,753 695,753 2013 2014 2/1/2015 240,000 3.45% 452,880 692,880 692,880 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 3.80% 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% 382,995 592,995 892,995 2021 2022 2/1/2023 325,000 4.25% 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 2/1/2026 365,000 4.60% 326,325 691,325 891,325 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% 128,363 693,363 893,363 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% 34,650 694,650 894,650 47 49 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% overlevy taken from excess TIF received in 2009 for 2nd half payment of taxes Prepared by Ehlers & Associates, Inc. 3/1~~1~308 EHLERS COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting date: April 14, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: city, I~anaRer's ffi Hearin s g Fire Appra~al:~ No. ~ , ITEM: First Reading of Ordinance ' , No. 1542, amending Chapter BY' Gary Gorman 8, Article II of City Code No: DATE: March 24, 2008 Background: Chapter 8, Article II of City Cade is being amended to allow for immediate abatements, based on a list of violations approved by Council Resolution, to be conducted in a shorter period of time without a prior Public Hearing. The abatement process now used requires about two months of dine. The proposed process will be similar to the process now used for long grass and junk vehicles. Recommendation: To amend Chapter 8, Article II of City Code, which covers Public Nuisances, to provide for a faster and a more efficient process to inspect and abate violations such as: appliances, garbage and trash, hazardous items, snow shoveling and outside storage. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1542, there being ample copies available to the public. RECOMMENDED MOTION: Move to set the second reading of Ordinance No. 142, for Monday, April 28, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 8, Article II of City Code. Attachment: Proposed Ordinance 1542 Current Ordinance w/markups COUNCIL ACTION: 208 ORDINANCE 1542 BEING AND ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005 ALLOWING IMMEDIATE PUBLIC NUISANCE ABATEMENT The City of Columbia Heights does ordain: Chapter 8, Article 2, Sections 8.206 and 8.207 of the Columbia Heights City Code be amended as follows: 8.206 ABATEMENT. (A) Notice. Except for those cases determ>lled by the city to require summary enforcement and/or immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency procedure; immediate abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in sub- divisions (A) and (B) of this section will permit a continuuig nuisance to unreasonably P»danger ptihli~ health; safe_,ty or welfare, the City Council may order immediate abatement of the nuisance. (a) The City Council may, by resolution, identify specific emergency situations in which an immediate abatement shall occur. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. 8.207 RECOVERY OF COST. 209 (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, inchiding administrative costs. As soon as the work has been completed and. the cost determined, the City Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Treasurer. (B} Assessment. If the abatement cost as determined above is not paid by the owner, the City Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 14, 2008 Second Reading: Date of Passage: Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 210 ~- q~ E fl 542 ~ - - - Formatted: Centered BI±,IT'd0 A1VL3 O- ~_--r ~!'~tC- A -_-- _ _ ",, _ _ -° -^E 1490. C°T1' ~F-Y-, OF 20Q°~ Formatted: Font: Bold AC,L,C ~ltl~~ I.1inP.g~ > u13n.tC ~.~ .~,.`.1~dCE, Aear~ Deleted: w . , a. ---- ---- ' Deleted: ;and notice of motion for ' smnmaryenforcementheazine The City ofColuiribia e-Iei~ht~ does ordairt: - .--~ ~ Deleted: given as set forth in this ' secrion Chapter 8, Article 2, Sections 8.206 and 8.207 ofthe Columbia 1-[eights City Code be amended Deleted: ~ a, aS follows. ~ ' Deleted: _(l).Noticeafviolation. y~ ~~' - ' Written notice of violation shall be served 8.206 ABA-LENIENT. 'i ~ ~ by the officer cnarged with enforcement ' '' on the owner of record or occupant of the ,~,'~ ~ ~ premises either in person or by certified (A} Notice. EXCe~Jt for those CHSeS determined by the City t0 reCLlllre Summary enforcement `+' ~' or registered mail. ,,~ - , and/or immediate abatement written notice of violation; notice ofthe time, date, place and '' '' Deleted: premises is subject of any hearing before the City Council; aimed notice of City Council orde>Qshall b s~. e~rved _ ~'-~~ ,` Deietea: q on the OWner Of record and any OCCU~sant of the prei111seS either In person or l7y malls ,' Deleted: (2) Notice of City Council _. _ ; ` If the remise is not occu led, the owner of record is unknown or the owner of record or ~,' nearing. written notice of any city :----.-....__._~--------------p_.--. .- -----------------------._------------_-. -%~ ~i Council hearing to determine or abate occupant refuses to accept notice of violation, notice of violation shall be served by posting it on '' nnsance snau be servea on il,e owner of the premiSOS. ~~ record and occupant ofthe premises either in person or by mail. If the - ! premises is not occupied, the owner of e_ -- -- ------------ _------- --------- _-...------ --------.. (B) Procedure. Whenever the officer charged with enforcement determines that a public record is unknown, or the owner of . ,`, record or occu ant refuses to accept P nuisance is bem maintained or exists within the el the officer shall rovlde notice thereof, ~ ~ ~ notice of the city conned nearing, notice • ~ ' of City Council heazmg shall he served and that such nuisance be terminated or abated. The notice of violation shall speclfy_the steps to _, ~, , ~ b osting it nn the premises. -- ---- --- YP be taken to abate the nuisance and the time within which the nuisance is to be abated. If the ' ~ ' ` notice of violation is not complied with within the time specified, the enforcing officer shall T eietea: T report that fact forthwith to the City Council. Thereafter, the City Council may, after noticed _ _ ```~~,', Deietea: (s) Notioe of city Council provided herein, and an opportunity to be heard, determine that the condition identified in the ~ ''~~~', nraer. Exoeptfnrinnaecasesaeterminea ~ ` ~` by the city to require summary notice of violation is a nuisance and further order he nuisance be abate _ ._ ' ., `~,', enforcement, written nntice of an i - ~ ... -------g------ -------- ----- (C) Emergency procedure; ~illmediate abatement. In cases of emergency,_where_delay m ra ~ '`: Deleted: ~ Deleted: on premises abatement required to complete the notice and procedure requirements set forth in sub-divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public ` ~'` ~, ~` Deleted: notify in writing ine owner of ' .°4 i' record or occupant of the premise z health, safety or welfare, the City Council may order,~nunediate_abatement ofthe nwsance. ` ,``,~~ Deleted: order , 1i ~ ~` Deleted: to the owner or occupant (a} The City CouncilFinav_by resolution, identify specific enler~ency situations in ' 4 ,''; Deietea: tnatif which an immediate abatement shall occur. ' ~`, ` `', ~ ` ' Deleted: is not `~ `' ~ ~, ~ (D} Immediate abatement. Nothing in this section shall prevent the city, without notice or '` ' Deietea: within the time presoribea by ~' ~'~ ~ the City Council, tfie city may see 3 other process, from immediately abating any condition which poses an imminent and serious ` hazard t0 human life Or Safety. ', ``` Deleted: summary of enforcemem ~' `, Deleted: summary enforcement and abate s` 8.207 RECOVERY OF COST. ',, Deleted: 1o proceed with snnrmary enforcement, the officer charged q (Al Personal liability. The owner of premises on which a nuisance has been abated by the '~ Formatted: indent: Left: 36 of city shall be personally liable for the cost to the city ofthe abatement, including administrative Deietea: sna11 aerennine wnether or costs. As soon as the work has been completed and the cost determined, the City Treasurer or _ _ not the cnnait;nn iaentisea in u,e •• 5 Deleted: C1erk- other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City pTreasurer. - Deletea: ctert:- (B) Assessment. plf the abatets~ent cost as determined above is not paid lsy the owner, the City Treasurer shall, an ar before September 1 next following abatement of the nuisance, hst the total r----- - -.__...-------- ---_ ---- --------- -- --, unpaid charges along with ail other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. This C3rdinance shall be in full force and effect from and after 30 days after its passage. Pi€°st Reading: April i4„ 200$ Second Reading: Late of Passat~e: Offered by: Second bv: Roll call: ~Iavor Gary L. F'etersan Attest: Patricia T~uscavitz C1//IC City Clerk - ' Deleted: If the nuisance is a public ~ health or safety hazard on pr vale property, the accumulation of snow and ice on public sidewalks, the growth of weeds an private property ar outside the traveled portion of streets, or unsound or insect infested trees, Deleted: Clerk- -' Deleted:4t0;85 t CITY COUNCIL LETTER Meeting of April 14, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gonllan BY: `,~~~`~~~~ ,~ ~ ., Abatement DATE: April 7, 2008 DATE: NO: 2008-72 - 2008-74 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2008-72 - 1308-1310 Circle Terrace Blvd. 2008-73 - 4224 Jackson Street 2008-74 - 4618 Polk Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close tlae public hearing and to waive the reading of Resolution Numbers 2008-72, 2008-73, and 2008-74 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-72, 2008- 73, and 2008-?4 being resoluticns of the City Coua~cil of the City of Colu~rbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 213 RESOLUTION 2008-72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd. N.E., Columbia Heights, Miulesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice settiig forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 20, 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 followiig: FINDINGS OF FACT 1. That on February 20, 2008 an inspection was conducted on the property listed above. Inspectors found eleven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 20, 2008 inspectors re-inspected the property listed above. Inspectors noted that eleven violations remained uncorrected. A compliance order and statement ofcause was mailed via regular mail to the owner listed in the property records. 3. That on Apri14, 2008 inspectors reinspected the property and found that eleven 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. 1310 -Shall replace the missing screen doorm door that has no screen. or glass B. 1310 -Shall replace the missing doorbell button C. 1310 -Shall repair the door knob and the door closer on the rear storm door D. Shall replace all missing screens on all windows and doors E. Shall repair all damaged screens on all windows and doors on the building F. Shall replace all missing sections of siding on the building G. Shall repair all damaged sections of siding and siding corners on the building H. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides I. 1308 -Shall repair the door closer on the rear storm door J. Shall replace all broken windows on the building K. Shall remove alUany outside storage from the property. 5. That all parties, includiig 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). 214 CONCLUSIONS OF COUNCIL 1. That the property located at 1308-1310 Circle Terrace Blvd. N.E, is ul 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 u~ i~iterest have been duly served notice of this hearil~g, and any other hearnlgs relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1308-1310 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 215 RESOLUTION 2008-73 Resolution ofthe City Council for the City of Columbia Heights declarvag the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Matthew Bjorgum (Hereinafter °'Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4224 Jackson Street N.E., Columbia Heights, Mimlesota. 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 ll, 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 followuig: FINDINGS OF FACT 1. That on February 7, 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 11, 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 26, 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 install address numbers in the follown~g location(s) -FRONT OF HOUSE 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearuig 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 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. 216 ORDER OF COUNCIL The property located at 4224 7ackson Street N.E constit?~tes 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 217 RESOLUTION 2008-74 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 Craig Young (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4618 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 26, 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 followiig: FINDINGS OF FACT 1. That on March 1, 2008 the Fire Department responded to a medical call at the address and found water flowing in a unit flowing uncotrollablely. Water had filled the basement and done significant damaged to the building. The water could not be shut off on the scene. The building owner was called and stated that the property was in foreclosure and did not intend to repair the buildu1g. 2. That on March 3, 2008 the Fi•e Department and the Building Official returned to the address to shut off water to the entire building. The Building Official posted the building uniihabitable. Tlus caused the other unit to have to be vacated. There were doors on the now vacant building that had been damaged and were unable to be secured. 3. That on March 3, 2008 the Fire Department ordered DuAll Services to secure the entrances to the building by boarding the closed. 4. That on February 6, 2008 the Fire Department sent statemen of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 5. That based upon said records of the Fire Department, the followilg conditions and violations of City Ccdes(s) were found to exist ar~d have been abated, to v~~it: A. Approve the immediate abatement of the public nusiance/hazardous building located at 4618 Polk Street N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4618 Polk Street N.E.is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other heariigs relevant to the abatement of violations on the property listed above. 2~s 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, ar tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL l . The property located at 4518 Palk 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 ul iTlterest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 219