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HomeMy WebLinkAboutMay 12, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NG, Columbia Heights, MN 55421-3878 (7C>3)706-3600 TDD (763} 706-3692 6isit orrr website at: wrsrv.c[.calanrhia-lreiuhfs.rnn,r~s Mnt~or Gart~ L. Peterson Coancilrreemfierr Robert .-1. 11-'illiarna Brame Naimocki Tamnzera Di¢hrn Bruce A"e%enberg City Maaaper 1t'crller R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 12, 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. Paul Widen, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Remove tabled Resolution 2008-93, license revocation of 660-662 47ti' Avenue, in that the property has been brought into compliance. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Anoka County Historical Society Sesquicentennial Report -Paul Pierce III and Catherine Vesley B. National Public Works Weelc Proclamation ps 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the April 28, 2008 Columbia Hei hts City Council meeting p6 MOTION: Move to approve the minutes of the Apri128, 2008 City Council meetilig. B. Accept minutes of the Columbia Heights Board and Commissions. MOTION: Accept the minutes of the April 1, 2008 Library Board meeting. pa6 MOTION: Accept the minutes of the May 6, 2008 Planning and Zoning Commission meeting. p2 s MOTION: Accept the minutes of the March 26, 2008 Park and Recreation Commission meeting. p45 C. Approve change of Monday May 26 2008 City Council meetinP date to Tuesday May 27 2008 in observance of the Memorial Day holiday. p48 MOTION: Move to waive the reading of Resolution No. 2008-99, there being ample copies available to the public. City Council Agenda Monday, May 12, 2008 Page 2 of 4 MOTION: Move to adopt Resolution 2008-99, being a Resolution rescheduling the Monday, May 26, 2008 regular City Council meeting to Tuesday, May 27, 2007 beginning at 7:00 p.m. in the City Council Chambers. D. First reading; of Ordinance 1545 pertaining~to salaries of elected officials. p5o MOTION: Move to waive the reading of Ordinance No. 1545, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1545, pertaining to salaries of elected officials for Tuesday, May 27, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. E. Approve Transfer of Funds from General Fund to Police Department 2008 Budget Overtime psa Line #1020. MOTION: Move to transfer $3,910.42 collected from the State of Minnesota for our efforts in the Anoka County DWI Task Force program from the General Fund to the Police Department 2008 Budget line #1020, Overtime. F. Approval of the attached list of rental housing license applications, in that they have met the psi requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for May 12, 2008. G. Approve Business License Applications p6o Motion: Move to approve the items as listed on the business license agenda for May 12, 2008 as presented. H. Approve payment of the bills. p6a MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125694 through Check Number 125857 in the amount of $657,821.33. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No.2008-113, beinP a Resolution approving a Conditional Use Permit for an addition to Columbia Hei hg is High School. pro MOTION: Move to waive the reading of Resolution 2008-113, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-113, approving a Conditional Use Permit for an addition to Columbia Heights High School, located at 1400 49th Avenue, subject to the conditions outlined in Resolution No. 2008-113. 2. Adopt Ordinance No. 1546. Establishing an Emergency Moratorium on the issuance of p89 Residential Rental Occupancy Licenses, der City Ordinance Section SA.40L on properties not licensed since January 1, 2006. MOTION: Move to waive the reading of Ordinance No. 1546, there being an ample amount of City Council Agenda Monday, May 12, 2008 Page 3 of 4 copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1546, an Ordmance establishing an Emergency Moratorium on the issuance of Residential Rental Occupancy Licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. B. Bid Considerations C. Other Business Adopt Resolution 2008-114, Development Agreement and Disbursement Agreement for Sullivan Shores Housing Improvement Area Proaect• p92 MOTION: Move to waive the reading of Resolution 2008-114, there being an ample amount of copies available to the public. MOTION: Adopt Resolution 2008-114, being a Resolution approving the Development Agreement and Disbursement Agreement between the City of Columbia Heights, Minnesota and Sullivan Shores Townhouse Association, Inc., dated May 12, 2008; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. NOTE.• The resolution will be distributed at the meeting. 7. PUBLIC HEARINGS A. Adopt Ordinance 1544, amending Chapter 4, Article 2 of the City Code re~ardina tall crass and weeds. pi3o MOTION: Move to waive the reading of Ordinance 1546, there being ample copies available to the public. MOTION: Move to adapt Ordinance 1546, being an Ordinance amending Chapter 4, Article 2 of the City Code regarding tall grass and weeds. B. Adopt Resolutions 2008-100, 4542 4th St. N.E., 2008-101, 1401-1403 Parkview Lane N.E., p133 2008-102 5036 Jackson St. N.E. 2008-103 4131 Jefferson St. N.E. 2008-104 3975 Jackson St N.E. 2008®105 1218-20 Circle Terrace Blvd N.E. 2008-106 1307-09 Circle Terrace Blvd N.E., 2008-1.07, 4506 Fillmore Street N.E. being Resolutions approving rental license revocation far failure to meet the reduirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-100, 101, 102, 103, 104, 105, 106, 107 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-100, 101, 102, 103, 104, 105, 106, 107 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. C. Adopt Resolution 2008-108, 5056 Washington St. N.E., 2008-109, 1417 43rd Ave. N.E., 2008- Also 1.10 4132 Washington St. N.E., 2008-11 L 4931 Jefferson St. N.E., 2008-112, 3810-3812 3rd St. N.E., being resolutions declarin lig sted properties a nuisance and approving the abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-108, 109, 110, 111, 112 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-108, 109, 110, 111, 112 being resolutions City Council Agenda Monday, May 12, 2008 Page 4 of 4 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. 8. ADMINISTRATIVE REPORTS Report of the City Manager • Gymnasium project status and prospective images Report of the City Attorney p161 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT ,. i~l~iamlrite Finance Director/Acting City Manager WE/pvm 4 PUBLIC WORKS CENTRAL GARAGE SEWER/WATER ENGINEERING STREETS PAKKS NATIONAL PUBLIC WORKS WEEK Proclamation WHEREAS, Public Works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, sewer, streets and highways, public buildings, solid waste collection and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim the week of May 19¢~ through May 23rd, 2008 as "NATIONAL PUBLIC WOT;KS WEEK" in the City of Columbia Heights, and I call upon all citizens and civic organizations to acquaint themselves with Public Works and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. DATED: This 12th day of May, 2008 Mayor Gary Peterson (Seal) OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 28, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Manday, April 28, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bill Hugo of St. Matthew Lutheran Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Dielnn, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2008-93 rental license revocation, as the property has been brought into compliance. Nawrocki requested to make comments regarding the SRA and public safety building. He stated that the agenda was not on cable TV Friday or Saturday. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENT AND GUESTS A. Swearing in of Police Chief Scott Nadeau Mayor Peterson introduced Scott Nadeau and issued the Oath of Office to Police Chief Nadeau. Nadeau stated this is an incredible opportunity for him. He is very impressed with this police department and looks forward to working with this city. Nadeau introduced his family that was present in the audience. B. Swearing in of Officer Ron Dietz Chief Nadeau gave Officer Dietz's background and issued his Oath of Office. Officer Dietz thanked the Council and the Police Department for this opportunity. Nawrocki commended the Mayor for his choice of Police Chief. He has met with him and is impressed. Nawrocki stated that Captain Roddy will retire this week and has done a good job for this city for 30 plus years. Captain Roddy thanked the Council and Councilmember Nawrocki for their kind words. Williams also thanked the Mayor for his decision and wished Roddy success in the future. C. Police Department Citizen Commendation -Chelaine Palmgren Captain Roddy and Chief Nadeau recognized a Columbia Heights employee that assisted our personnel in a situation above and beyond the call of duty. Roddy described the event and Ms. Chelaine Palmgren's actions to assist and protect our officers. Palmgren. thanked everyone and stated her appreciation for this honor. She stated her pleasure to be on the management team for Sarna's restaurant. Nawrocki stated that she also assisted with the Booster's banquet last night. D. 2008 Community Recognition Awards -Individual, Youth, Business, and Community Organization - by Ann Dillard, Values First City Council Minutes Monday, Apri128, 2008 Page 2 of 20 Captain Roddy introduced Ann Dillard, Director of Values First. Dillard stated her honor to be the new Values First Director. She listed her background, which includes areas of youth improvement. She stated her pleasure to present the Values First Community Recognition Awards. a. Ann Dillard indicated the Individual Community Recognition award will be given to Matt Miller. Roddy accepted the award for him. Miller has received one of only three national heroic medals given this year. He was part of our local football team. Miller was working on the 35W Bridge as it fell and helped to save many lives through his selfless act of bravery. He was recommended far this award by his sister, Rebecca. Roddy introduced Liz Bray, Recreation Coordinator, to present the next two awards. b. Youth award to Ashley Milewski: Bray listed Milewski's volunteer efforts for the Columbia Heights Recreation Department. Ashley thanked Liz and stated that she wanted to help children have the same wonderful experience she did. c. Business award to Tasty Pizza: Bray stated that Todd Estrem has continually contributed food and service for local youth organizations and city events. Peterson stated that this is not new for him. The history of Tasty Pizza's community service is well known since the 1960's and Todd keeps up the tradition of supporting our community. d. Community Organization: Nicole Halabi stated that Sister Cities International is being honored and introduced Dolores Strand, Co-Chair. This group has initiated a youth exchange with our sister city, Lomianki Poland. Gilbert Mros, Co-Chair, and Strand accepted the award. Strand brought forward members of the committee that were present. Strand stated they do humanitarian and educational projects. Dorothy Penate, Chair of the Children's Hospital fundraiser stated that they raised $7,000 at their event last week. Nawrocki stated that Ashley is leis granddaughter and that he is a Sister Cities committee member. He congratulated all the recipients. E. Proclamation -Safe and Sober -Buckle up, click it ar ticket. Mayor Peterson read the Safe and Saber Proclamation. Captain Roddy thanked the Council for their support of this program, which began in 2001. There has been a steady down trend in accident statistics since that time. Fehst admitted that twice he was in violation of this law, and had changed his ways. Peterson stated that this is the last time Captain Roddy will be present at a Council meeting. There will be a retirement party held for him this Vt~ednesday. Peterson stated that he has known Captain Roddy since he was a young man and expressed his gratitude for the work he has done. F. Proclamation - 2008 Community Prayer Breakfast -May 14, 2008 Mayor Peterson read the Community Pray Breakfast proclamation and invited everyone to attend this event. It will begin at 7:00 a.m. and feature the Teen Challenge program and a forty member choir. Penate stated that this event is for no specific faith. Peterson asked to move up the Anoka County assessment service item. 1. Approve Joint Powers Agreement with Anoka County for Assessment Services Nawrocki questioned the years of the contract. Anoka County Assessor John Sutherland stated City Council Minutes Monday, Apri128, 2008 Page 3 of 20 this is a move to have all cities on the same time frame. Nawrocki questioned the increase in the contract. Sutherland explained the contract costs, indicating that each year only the actual cost would be billed. Tim Utz, 556 40`h Avenue, questioned potential growth in the next five years. Sutherland indicated that he began in 2003, and rates were not raised as there was a large amount of growth in the county, but such growth is not anticipate in the future. Motion by Diehm, second by Williams, to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2008 -January 15, 2013, and to authorize the Mayor and City Manager to execute the agreement. Upon vote: Ali ayes. Motion carried. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. Nawrocki requested to remove Item N for discussion. A. Approve the minutes of the April 14 City Council meeting and the Apri121 continued Board of Review meeting. Motion to approve the minutes of the April 14, 2008 City Council meeting Motion to approve the minutes of the April 21, 2008 continued Board of Review meeting. B. Accept minutes of the Columbia Heights Board and Commission meeting. Motion to accept the minutes of the January 23, 2008 HRA meeting. C. Adopt Resolution 2008-80 being a Resolution of the 2008-2010 IUOE Labor Agreement Fehst stated there are three labor agreements. All contracts are at three percent this year, 3.5 percent next year and three percent the following year. Nawrocki asked how the rate adjustments were determined. Linda Magee, Assistant to the City Manager and Human Resources Director, stated it was based on contract negotiations, and mediation with the 49er's. We look at other cities and surveys to see where we fall. The holiday pay change in the contract is consistent with the personnel policy for non-union employees. The deferred compensation change is consistent with. what other groups received. Increases were included in the 2008 projected budget. Nawrocki requested the specific dollar amount for the total cast of increased wages and benefit changes. Magee stated that the severance pay plan was changed for ASFME; it is a health savings plan. Fehst stated that this allows the employee to set aside money to continue their health insurance coverage when they retire. Magee stated that sick leave and severance is currently 33 percent, and as a compromise we lowered the amount for 1-5 years of employment. The City does not incur any cast by this RHS plan. Magee stated that anticipated costs were placed in the contingency fund. Fehst stated that sometimes employees are not replaced immediately, so an exact budget amount is difficult to project. Motion to waive the reading of the resolution, there being ample copies available to the public, Motion to adopt Resolution 2008-80, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Loca149, effective January 1, 2008 -December 31, 2010. City Council Minutes Monday, Apri128, 2008 Page 4 of 20 RESOLUTION 2008-80 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO.49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE}, Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 201.0. WHEREAS, changes to the current contract are attached, and a copy of said contract is available 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 IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized. to execute this agreement. D. Resolution 2008-81, being a Resolution for the 2008-2010 AFSCME Labor Agreement Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 200$-81, regarding the Labor Agreement between the City of Columbia Heights anal the American Federation of State, County, and Municipal Employees, effective January 1, 2008 -December 31, 2010. RESOLUTION 2008-81 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL N0.495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and. Municipal Employees {AFSCME) Council No. 5, Local No. 495, representing clerical and technical employees of the City, and. members of the City' s negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, changes to the cunent contract are attached, and a copy of the 2008-2010 contract is available 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 AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. E. Resolution 2008-82, being a Resolution for the 2008-2010 LELS Labor Agreement--Sergeants Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-82, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2008 -December 31, 2010. RESOLUTION 2008-82 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Law Enforcement Labor Services, Local 342, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. 9 City Council Minutes Monday, Apri128, 2008 Page 5 of 20 WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager anal 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 far calendar years 2008, 2009, and 2010 for LELS, Local 342- Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. F. Approve Transfer of Funds from General Fund to Police Dept 2008 Budget Overtime Line # 1020. Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the first quarter of 2008 from the General Fund to the Police Department 2008 Budget line # 1020 Overtime. G. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund Motion to transfer $1,892.80 received from Unique Thrift Stores and $2,812.87 received from School District #13, a total of $4,705.67 from the General Fund to the Police Department 2008 Budget under line # 1020, Police Overtime. H. Authorize extension of contract with Auction Masters to auction excess Citesproperty, unclaimed/forfeited police evidence and found property Fehst stated this is the same company and dollar amounts as in the past. Nawrocki questioned if the commission was only on items sold. Fehst stated yes. Nawrocki questioned the value of items anticipated for auction this year. Roddy stated. that would be difficult to project, but last year the net proceeds were about $4,000. Motion to authorize the City Manager and the Police Chief to enter into a contract {May 2008 to Apri12009) with Auction Masters of Maple Grove for auctioning excess city property, unclaimed/forfeited police evidence, and found property with the commission to be set at 25% of the item proceeds and 10% of the vehicle proceeds for the duration of the contract. I. Adopt Resolution No. 2008-87 being a Resolution approving_plans and specifications and ordering advertisement for bids for the 2008 Street Reconstruction Project Motion to waive the reading of Resolution No. 2008-87, there being ample copies available to the public. Motion to adopt Resolution No. 2008-87, being a Resolution approving plans and specifications and ordering advertisement for bids for 2008 Street Reconstruction, University Avenue Service Drive, City Project Number 0602. RESOLUTION 2008-87 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0602 WHEREAS, pursuant to a resolution passed by the Council on April 7, 2008, the City Engineer has prepared plans and specifications for the Street Reconstruction. of University Avenue Service Drive, from 40t'' Avenue to 45°i Avenue; 10 City Council Minutes Monday, April 28, 2008 Page 6 of 20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. Such plans and specifications identified as 2008 Street Improvement Projects, University Avenue Service Drive, City Project Number 0602 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives ofthe City Council of Columbia Heights until 10:00 a.m. on Tuesday, June 3, 2008 at which tune they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, June 9, 2008 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid band, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Adopt Resolution 2008-89, declaring the intent to band far University Avenue Service Drive Street Reconstruction Pro'ect t, City Project 0602 Kevin Hansen, Public Works Director, stated this improvement hearing was held April 7m Nawrocki stated the band request is for $500,000. Hansen stated that more than half the cost will be paid by grants received. This action only reserves our right to bond and would be brought back to Council in 2009 for actual bonding. Motion to waive the reading of Resolution. No. 2008-89, there being ample copies available to the public. Motion to adopt Resolution No. 2008-89, being a Resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for University Avenue Street Reconstruction Project, City Project 0602. IaES®>LUTIOIV Nt~. Zaos-~4 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. i .140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0602 consisting of 2008 Street Reconstruction and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.1 50-2 and any successor law, regulating or ruling. K. Adopt Resolution 2008-90, being a Resolution restricting parking on University Avenue Service Drive. Nawrocki asked why we would limit street parking here. Hansen stated that to meet state aid rules we need to designate no parking. Peterson stated that the residents are aware of this requirement. Motion to waive the reading of Resolution No. 2008-90, there being ample copies available to the public. 11 City Council Minutes Monday, Apri128, 2008 Page 7 of 20 Motion to adopt Resolution No. 2008-90, being a resolution restricting parking on University Avenue Service Drive, 40th Avenue to 53rd Avenue. RESOLUTION NO.2008-90 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS UNIVERSITY AVENUE SERVICE DRIVE FROM 40~H AVENUE TO 53RD AVENUE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, THIS RESOLUTION was passed this 28d' day of April, 2608, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNESSETH: WHEREAS, the "City" has ordered the improvement of University Avenue Service Drive from 40d` Avenue to 45`x' Avenue in the City of Columbia Heights, Minnesota; and WHEREAS, the "City" will. be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, future "City" plans may include the improvement of University Avenue from 45d' to 53rd Avenues, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction. must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles on both sides of the University Avenue Service Drive at all times. L. Adopt Resolution No. 2008-91 accepting a 2008 Clean Water Legacy Grant from BSWR in the amount of $42 588 for Silver Lake Beach Hansen stated there is also a bid to be considered tonight for improvements. We were required to include extensive work to meet water shed requirements. Both BSWR and the Rice Creek Watershed recognized this need at Silver Lake and agreed to help pay for this. Hansen stated that we are making improvements to satisfy rules far water infiltratian. This will create an amenity that would not always have water in it and will benefit the lake and beach area. Nawrocki indicated that he did not feel this was an amenity. Hansen stated that it is not a visual amenity, but we are working to improve this. Motion to waive the reading of Resolution No.2008-91, there being ample copies available to the public. Motion to adopt Resolution No. 2008-91, being a resolution accepting a 2008 Clean Water Legacy Grant in the amount of $42,588 and authorizing the Mayor and City Manager to enter into an agreement far the same. RESOLUTION N0.2008-91 THE CITY OF COLUMBIA HEIGHTS ACCEPTING A 2008 CLEAN WATER LEGACY GRANT FROM BSWR IN THE AMOUNT OF $42,588 FOR SILVER LAKE BEACH WHEREAS, this agreement is between the State of Minnesota, acting by and through its Board of Water and. Soil Resources, hereinafter referred to as the "Board", anal the City if Columbia Heights described above, hereinafter referred to as the "Grantee". WHEREAS, Minnesota Statutes Section 1038.3361 to 103B.3364 (1498) establishes a Local Water Resources Protection and. Management Program, hereinafter referred to as the "Program", and authorizes the Board to award grants to local. governmental units meeting the necessary statutory and rule requirements for implementing a comprehensive local water plan; and 12 City Council Minutes Monday, April 28, 2008 Page 8 of 20 WHEREAS, the Laws of Minnesota 2006, Chapter 251, authorizes the Clean Water Legacy Act; and, WHEREAS, the Minnesota Legislature, by S.F. 2096, Article 1, Sect. 5, appropriates funds to the Board for implementation of the Clean Water Legacy Act; and WHEREAS, the grantee has Board approved and locally adopted local water or watershed district plan, hereinafter referred to as the "Plan", and WHEREAS, the Board has selected and. approved the application from the City of Colwnbia Heights for funding; and, WHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the 2008 Clean Water Legacy Grant for Silver Lake in the amount of $42,588 is approved. M. Accept a 2008 Urban Storm Water Grant from the Rice Creek Watershed District in the amount of $35 490 for Silver Lake Beach. Motion to accept a 2008 Urban Storm Water Cost Share Grant in the amount of $35,490 for Silver Lake Beach from the Rice Creek Watershed District. N. Approve Demolition of Chutney Building at 3700 Central Avenue -removed O. Establish a Public Hearing on Tuesday. Mav 27.2008 to consider an allev light based upon a petition received. Motion to establish Tuesday, May 27, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 3850 and 3854 Tyler Street. P. Approval of the attached list of rental housing license applications, in that they have met the requirements of the residential Maintenance Code. Motion to approve the items listed for rental housing license applications for Apri128, 2008. Q. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 28, 2008 as presented. R. 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 125511 through Check Number 125693 in the amount of $747,198.44. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of item N. Upon vote: All ayes. Motion carried. N. Approve Demolition of Chutnev Building at 3700 Central Avenue -removed Nawrocki questioned who owns this building. Scott Clark, Community Development Director, stated the current owners still own the building. The demolition will not take place until the transfer of ownership in the next 30 days. Nawrocki indicated displeasure with. parking access from. the alley. Peterson stated that the plans would be reviewed by the Planning Department, the Planning and Zoning Commission, Traffic Commission, Police Department and others. As commercial lots on Central Avenue are shallow, we do the best we can with what we have. Fehst asked Clark to look into this concern. 13 City Council Minutes Monday, Apri128, 2008 Page 9 of 20 Motion by Williams, second by Diehm, to approve the low quote for demolition of the Chutney building at 3700 Central Avenue and its parking lot from Frattalone Companies in the amount of $24,600. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. Fire Chief Gary Gorman stated this is relative to the second reading of the Public Nuisance Ordinance. This resolution is to list items for the immediate abatement process. The public hearing for items assessed will be in the fail of each year. Nawrocki questioned the requirements on garbage containers and open/overflowing dumpsters. Gorman stated that City Code regulates items relative to trash. Gorman stated that we can not check all of the dumpsters every week. The abatement procedure will be posting of a property, followed by a letter, allowing 96 hours to comply. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-84, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. Upon vote: All ayes. Motion carried. RES~LU'i'i®N 1'~D. 2008-84 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8, Article 2 entitled "Public Nuisances"; and WHEREAS, a Public I1TUisance is defined as a con ditian which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and nebbish Chapter 8, Article 3 Garbage containers / dumpsters Chapter 8, Article 3 -Chapter SA, Article 2 Appliances Chapter 8, Article 3 -State Statute 609.675 Recycling Chapter 8, Article 3 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article 3 -Chapter SA, Article 2 Composting Chapter 8, Article3 Long grass and weeds Chapter 4, Article 2 -Chapter SA, Article 2 Fire wood Chapter SA, Article 2 Outside storage Chapter SA, Article 2 Sidewalks, parking & driveway hazards Chapter SA, Article 2 Pets /animals Chapter SA, Article 2 Junk vehicles Chapter 7, Article 2 - Chapter SA, Article 2 Parking on landscape Chapter SA, Article 2 Public nuisances Chapter 8, Article 3 -Section 8.202 (A}, (D}, (E}, 14 City Council Minutes Monday, April 28, 2008 Page 10 of 20 (F), (G), (H) and Section 8.204 (A), (C), (F), (H), (I), (J), (L), (M), (N), (O), (P}, (Q), {S), (T) 2. First Reading of Ordinance No. 1544, amending_Chapter 4, Article 2 of City Code regarding tall grass and weeds. Gorman stated that the current ordinance indicates posting of the property and sending a letter for the first two violations. Following the second violation, only the cutting contractor is notified. The recommended change would reduce the notification to one violation. Diehm noted that in 2007, 77.5 percent of the properties were multiple mowing. Knowing that most of the homes in violation are vacant, Diehm requested that if the home is occupied we give them a second notice. Gorman stated there were five properties that were mowed five times and nine properties that were mowed four times. No property was mowed because a resident was unable to do so; they were either empty or rental properties. Residents are always helped, if they contact us. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1544, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1544, for Monday, May 12, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 4, Article 2 of City Code. Upon vote: All ayes. Motion carried. 3. Adopt Resolution 2008-85, being a Resolution establishing tall grass and weed abatement chimes. Gorman stated this is a change to the cost of mowing properties in violation of the Ordinance. The current charge is $60 an hour, with a minimum of two hours. The number of foreclosed properties mowed has become a burden on the taxpayers of the community. This resolution allows charging on a graduated scale; the mare times we mow them, the higher the cost. This proposal would be the cost to us, plus an administrative fee. If the property has already been cut when the contractor arrives, the properly owner is still charaged, because of the time and cost expended. Diehm questioned if the City Attorney was comfortable with the extra cost after the reduction of notifications required. Jim Hoeft, City Attorney, indicated that we are probably not recouping our casts, and by the fifth cutting the charge would be closer to covering our casts. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-85, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2008-85, being a Resolution establishing tall grass and weed abatement charges. Nawrocki questioned the determination of the fees. Gorman again explained the past and proposed fees. Williams stated that as most cuttings are on foreclosed property, would a new owner be penalized. Garman stated that grass cutting is invoiced monthly. Potential owners should contact the City to find if there are special assessments on a property or they should require their title company to do an official assessment search. Peterson suggested a newspaper article to clarify 15 City Council Minutes Monday, April 28, 2008 Page 11 of 20 this. Utz asked if there would be a legal issue if a neighbor mowed the grass of a vacant or abandoned neighbor's yard. Hoeft stated that if it did not violate the ordinance, we would not be involved. Nawrocki stated that we should not lose money on this program. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-85 BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS TALL GRASS AND WEED ABATEMENT CHARGES WHEREAS, the City of Columbia Heights has adopted City Code Chapter 4, Article II, Section 4.203 pertaining to tall grass and weed removal and, WHEREAS, the City of Colwnbia Heights has the responsibility to enforce the City Code, NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights adopts the following Tall Grass and Weed Abatement charges: First and second. abatement per season: Invoiced cost plus $60.00* Third and fourth abatement per season: Invoiced cost plus $75.00* Fifth. or more cuttings per season: Invoiced cost plus $ ] 00.00* *Plus State sales tax. Abatement charges will be enforced once the contractor has been given the property address, regardless of whether the violations have been abated prior to the contractor's arrival. 4. Adopt Resolution 2008-86. being a Resolution establishing broneriv maintenance inspection fees. Gorman stated this clarifies our properly maintenance inspection fee schedule and adds a fee for public nuisance abatement. The license reinstatement fee was ten times the license fee; the recommenda±ion is to reduce that fee to five times the license fee. 'his also covers the "no- show" fee, which is now included and will cover the immediate abatement fee. Diehm thanked Chief Gorman for his effort to set appropriate inspection fees. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-86, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Williams, to adopt Resolution No. 2008-86, being a Resolution establishing property maintenance inspection fees. Nawrocki questioned the $60 inspection fee when more than one inspection can be made per trip. Utz stated his opinion that this fee was too low. Dwayne Morrell, 4212 Reservoir Boulevard, asked if the Fire Department was not doing inspections, what would they be doing. Diehm stated that was hypothetical, because if they were not doing these duties, the department would be structured differently. Morrell suggested the mowing be completed by seasonal employees. Diehm stated that we can not make a profit from this. Nawrocki gave the history of the fire department inspection program. Fehst stated that the mix of their duties is beneficial gild we have an aggressive inspection system. We use youth to cut city 16 City Council Minutes Monday, April 28, 2008 Page 12 of 20 property, but on private property there would be a liability. Peterson stated this program evolved through a lot of hard work, and the fire department does a great jab. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-86 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CODE OF 2005 WHEREAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides far the establishing of fees; and. WHEREAS, the City has authorized changes to property maintenance fees from time to time; and. WHEREAS, the City finds there is a need to modify the property maintenance fee structure at this time; and THEREFORE, BE IT RESOLVED, that the property maintenance fee structure listed below shall be adopted and effective May 1, 2008. RENTAL LICENSING FEES Rental property license - 1 unit $50.00 per building plus $40.00 per unit Rental property license - 2 thru 10 units $50.00 per building plus $20.00 per unit Rental property license - 11 thru 30 units $50.00 per building plus $15.00 per unit Rental property license -over 30 units $50.00 per building plus $10.00 per unit License Reinstatement after Revocation/Suspension Five times annual license fee ABATEMENT FEES Immediate Abatement Administrative Fee $75.00 per abatement Abatement Administrative Fee $200A0 per abatement 5. 2nd Reading; of Ordinance No. 1543, being an Ordinance authorizing the conveyance of certain real estate located at 3710 3718 and 3722 Central Avenue. Clark stated that the EDA has approved the conveyance of this property to them. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1543, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adapt Ordinance No. 1543, being an ordinance authorizing the conveyance of certain real estate located at 3710, 3718 and 3722 Central Avenue. Nawrocki stated concern for the hazard of anyone walking in the alley, and indicated he could not support this action. Diehm stated her support of this, but requested to be kept advised during the planning process. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes 1 nay. Motion carried. ORDINANCE NO. 1543 BEING AN ORDINANCE AMENDING THE CITY CODE OF 2005 AUTHORIZING TO CONVEY 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 15, 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. 17 City Council Minutes Monday, April 28, 2008 Page 13 of 20 B. Bid Considerations 1. Adopt Resolution 2008-83, being a Resolution accepting bids and awarding contract for 2008 Park Improvement Projects Hansen stated this praject is far Sullivan and Silver Lake parks. Fourteen bids were received far site grading, shelters, walking paths, parking and access improvements. Hansen described the stone/concrete piers that were alternates. Bids received were eleven percent under the architect's estimate. Therefore, it is recommended to add back the tree planting, stone piers, outsource the paths paving, and enclose the restrooms with black chain link fence. The park consultant has had experience with this company and they have done work in Coon Rapids. Hansen indicated the funding sources for these projects and recommended approval. Motion Kelzenberg, second by Williams, to waive the reading of Resolution No. 2008-83, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2008-83, that being a resolution accepting bids and awarding the 2008 Park Improvements for Sullivan Lake and Silver Lake Beach, including Sullivan Lake Alternates A8, A9 and A10 and Silver Lake Beach Alternates A10 and A16, Project Numbers 0805 & 0806, respectively; to American Liberty Construction of Rockford, Minnesota in the amount of $633,220.93, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki suggested not doing the add backs, saving the funds for projects such as cleaning water lines. These items would just bring in more money for the architect. Hansen stated that the consultant fee was a fixed amount. Hansen explained the positive aspects of the add backs. Utz questioned the percentage between the highest and lowest bidder and indicated it would be best to select amid-range bid. Williams stated the importance of paying prevailing wage. Motion by Nawrocki to remove the $57,900 of alternates from the bid. Peterson called far a second. Motion died for lack of a second. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. RESOLUTION NO. 2008-83 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 PARK IMPROVEMENTS, CITY PROJECT NO.0805 & NO. 0806 TO AMERICAN LIBERTYCONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0805 and 0806, Sullivan Lake Park and Silver Lake Beach Park, bids were received, opened and tabulated according to law. Bids were received complying with the advertisement. WHEREAS, it appears that American Liberty Construction, Inc., PO Box 547, Rockford, Minnesota is the lowest responsible bidder. NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with American Liberty Construction, Inc. in the name of the City of Columbia Heights, for the 2008 Sullivan Lake & Silver Lake Beach Park Improvements, City Project No. 0805 & 0806, according to plans and specifications therefore approved. by the 18 City Council Minutes Monday, Apri128, 2008 Page 14 of 20 Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next Lowest bidder shall be retained until the contract has been signed. 3. City Project No. 0805 & 0806 shall be funded with Parks Capital Improvement Funds, Storm Water Funds and Grant funds. C. Other Business 1. Approve Joint Powers Agreement with Anoka County for Assessment Services Addressed earlier in the meeting. 2. Approve Site Lease Agreement with Verizon Wireless far a Communication Antenna Hansen stated that we have finalized a lease agreement for a monopole at the public works building site of 25 by 55 feet for a cellular communication tower and enclosed building. This would not compromise our operations and would benefit the city. An annual fee of $16,000 is recommended, which is $10,0001ess than the charge to be located on a water tower. This is because there is a higher cost for the ground-up build. There is a three percent escalation on the fee for five years with a renewable term of four additional, five-year terms. This agreement would allow for additional use of the property for additional revenue. The pole would be 110 feet high. The city attorney has reviewed and approved the lease to form. Diehm questioned removal of the structure if their business ends. Jim Hoeft, City Attorney, stated that is covered under our city code. Nawrocki requested a description of the pole. Hansen and Dave Fischer of Verizon explained the structure. Hansen. described current use of our water tower and Parkview Villa for antennas. Hansen and Fisher explained the number of antennas and the location. Fisher described the high cost of a ground build. They have conceded to give up the extra rights and fees for use of the property. Nawrocki questioned the number of antennas allowed on this pole. Hansen stated that there could be three levels with 12 antennas on each level. Fisher referred to the structural limitations. Diehm asked if this would allow two additional carriers on this pole. Hansen stated yes, and that any additional provider would be required to conduct an interference study. Fischer indicated that the FCC mandates the frequencies. Motion by Williams, second by Kelzenberg, to approve a lease agreement with Verizon Wireless for use of the Municipal Service Center land to install a communication tower, and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. 2nd Reading Ordinance No.1540, Issuance and Sale of Taxable G.O. Housing Improvement Area Bonds Series 2008A Clark stated this is the second reading for the Sullivan Shores bonds. Staff has met with the group and their contractor. The 45 day grace period will end on May 12 and we will proceed with a disbursement agreement. Cash for the project will not be available until July 13, so the contractor will begin the work in May and cover the cost for 13 weeks. Motion to waive the reading of Ordinance No. 1540, there being ample copies available to the 19 City Council Minutes Monday, April 28, 2008 Page I S of 20 public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1540, being an Ordinance providing for the Issuance and Sale of approximately $2,785,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A. Upon vote: All ayes. Motion carried. Mayor Peterson called a five minute recess. ORDINANCE NO. 1540 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,785,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has proposed to establish the Sullivan Shares Housing Improvement Area (the "HIA") pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"), in order to finance certain housing improvements within the HIA; and (b) In accordance with the Housing Improvement Act, the City has received a petition signed by more than 25% of the owners of housing units within the HIA, anal has held a duly noticed public hearing regarding an ordinance establishing the HIA and a resolution imposing a housing improvement fee on housing units in the HIA (the "Fee") in order to finance housing improvements within the HIA; and (c) On March. 24, 2008, the City Council adopted the ordinance establishing the HIA and the resolution imposing the Fee on all housing units in the HIA, which ordinance and resolution are effective May 12, 2008 (i.e., 45 days after adoption.); and (d} The City expects to enter into a development agreement (the "Agreement) with the Sullivan Shores Townhouses Association, Inc. (the "Association"), regarding construction of the housing improvements; (e) It is necessary and expedient to the sound fmancial management of the affairs of the City to issue its Taxable General Obligation Housing improvement Area Bonds, Series 2008A (the "Bonds") in a principal amount not to exceed $2,785,000, pursuant to the Housing Improvement Act and the City Charter; and (f) 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 aai independent fmancial adviser in connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(e}, in accordance u%ith terms of proposal approved by the City Manager and Finance Director. The City Council will. meet on June 23, 2068 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds, subject to (a) the HIA ordinance and fee resolution becoming effective on May 12, 2008, without the timely filing of objections resulting in a veto under Section 428A.18 of the Housing Improvement Act; and (b) the City and Association each having approved and executed the Agreement. 3. This ordinance shall be in full force and effect from and after thirty(30) days after its passage. B. Second reading_of Ordinance No. 1542, being an Ordinance amendinp~ Ordinance 1490, City Code of 2005 allowing_immediate public nuisance abatement. Gorman state this is the second reading of the ordinance to allow for immediate public nuisance abatements. If approved, there would be a 30 day waiting period before the process would begin. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No.1542, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to adapt Ordinance No. 1542, being an Ordinance amending Ordinance 1490, City Code of 2005 allowing immmediate public nuisance abatement. Upon vote: All ayes. Motion carried. Zo City Council Minutes Monday, Apri128, 2008 Page 16 of 20 ORDINANCE 1542 BEING AN 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 $.207 of the Columbia Heights City Code be amended as follows: 8.206 ABATEMENT. (A) Notice. Except for those cases determined by the city to require 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 continuing nuisance to unreasonably endanger public health, safety 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. (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, including 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 far 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 amibutable. 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 deternine in each case. C. Adopt Resolutions 2008-93, 1230-32 Circle Terrace Boulevard N.E., 2008-94, 660-662 47-1/2 Avenue N.E., 2008-95, 4636 Washington Street N.E., 2008-96, 1337-1339 Circle Terrace Boulevard N.E., 2008-97, 4554 6th Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolutions 2008-93 and 2008-97 were removed as the properties have been brought into compliance. Gorman requested that Resolution No. 2008-94, 660-662 47t" Avenue be tabled, as the property is vacant and the owner has almost completed the work required. Motion by Williams, second by Diehm, to table Resolution No. 2008-94, 660-662 47`" Avenue. Upon vote: All ayes. Motion carried. Gorman indicated that 4636 Washington it is currently occupied, but is in foreclosure. Revocation is for failure to schedule an inspection and submit a rental license application. 21 City Council. Minutes Monday, April 28, 2008 Page 17 of 20 Gorman indicated that 1337-1339 Circle Terrace, has failed to schedule an inspection and submit a rental license application. Motion by Williams, second by Kelzenberg, to claw the public hearing and to waive the reading of Resolution Number 2008-95, 2008-96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-95, 2008-96, being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: A11 ayes. Motion carried. Resolutions may be found at the end of this document. D. Adopt Resolution 2008-98, 1355-57 Circle Terrace Blvd. N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights• Gorman stated that there was a report of excessive water usage, which initiated the inspection. Upon inspection, it was found that the bathroom stool had been running for a long time. Staff shut off the water and secured the building, as it is vacant. Motion Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Williams, to adopt Resolution No. 2008-98, being a Resolution declaring 1355-1357 Circle Terrace Boulevard a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolution may be found at the end of this document. Miscellaneous Nawrocki reported on the Suburban Rate Authority meeting he attended. He stated that we pay $1,600 a year for membership. They work with the utilities groups and with Public Works Departments. Public safety building: Nawrocki stated that he toured the Bloomington public safety building, which is 3 or 4 years old. They have several times our land area and 114 officers, to our 27, including dispatchers, a K-9 unit, and explosive device unit. Their building is 45,000 square feet, and ours is proposed at 22,000 square feet. We need to access if we need that much space. ADMINISTRATIVE REPORTS Report of the City Manager • May 5 work session discussion items: Minneapolis Water Works, Point of Sale, proposed moratorium on rental licenses (as we have had 200-250 foreclosures, which creates problems for neighborhoods), electronic reader boards, and the Civil Service Commission (to see if we can speed up our hiring process). Nawrocki Requested again why costs to build the gym were increasing. Fehst stated t1~at he spoke to the Superintendent of Schools and she said they are still on budget. Overruns are down to a reasonable number°. 22 City Council Minutes Monday, April 2$, 2008 Page 18 of 20 • City newsletter: requested again the publication of the top three salaries in the newsletter or on cable TV. • Requested again the additional cost of the new style newsletter. Fehst indicated the costs for editing and extra color used Questioned the value in this. • Stated again that with Mr. Schumacher retiring and the downturn of the market, the Community Development Department staffing should be reevaluated. Peterson suggested that Councilmember Nawrocki ask these questions of staff during the week, rather than repeating items from the previous meeting. Nawrocki referred to openness in government. Fehst referred to the Council's external goals, and indicated that the Community Development Department has obtained over $5 million in grants, and is bringing us into the current century. Community development is essential to the city. We can not afford to do less. Fehst recommended filling the position. Peterson indicated that additions or deletions to the agenda are by majority of the Council and will in the future need to be voted upon to be addressed at the next City Council meeting. Nawrocki stated that there should be a New Business agenda item. Peterson referred to his fight for openness in government to have the Council meetings cablecast and to allow the use of computers. Report of the City Attorney -nothing to report CITIZENS FORUM Tim Utz suggested the reinstatement of the drop off facility in Fridley for youth in curfew violation. Diehm stated that we had agreed to pay our portion and think it is a great program, but the program was dropped. Peterson requested the City Manager contact the City of Fridley again on this issue. Dwayne Morrell suggested an all stop for the crosswalk at 49`h Avenue. Traffic speed could be reduced for the safety of the children. COUNCIL CORNER Nawrocki spoke of his attendance at the Metro Cities meeting. ADJOURNMENT Peterson stated ``Don't forget our service men and women, don't take ourselves to seriously, and do a random act of kindness". Patricia Muscovitz CMC City Clerk/Council Secretary 23 City Council Minutes Monday, Apri128, 2008 Page 19 of 20 RESOLUTION 2008-95 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 Amino Joy Yakubu (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4636 Washington 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 April 1, 2008 of an public hearing to be held on Apri128, 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 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 April 1, 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 and failure to submit relicensing paperwork. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8332 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 2008-96 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 D. Peterson {Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1337 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 2, 2008 of an public hearing to be held on Apri] 28, 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 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 April 2, 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 and. failure to submit relicensing paperwork. 24 City Council Minutes Monday, April 28, 2008 Page 20 of 20 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8322 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 2008-98 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 Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd., 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 April 1, 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 March 28, 2008 the Fire Deparhnent was notified. that a vacant house at 1355-57 Circle Terrace Blvd. N.E. may have a broken water pipe and water maybe flowing inside the structure. Inspectors responded and checked finding no signs of a problem. The Water Department noted the water meter counters. 2. That on March 31, 2008 the Water Deparhnent noted that over the weekend there was a large amount of water usage in the vacant house. The Fire Department was contacted and the Fire Department called the building owner to notify them of the potential problem. 3. That on April 1, 2008 the Fire Department received a phone call from the owner of the property who stated "Do what you have to do". 4. That on April 1, 2008 the Fire Department forced entry to the structure to stop the water problem. The Public Works Deparhnent shut the water off. The Fire Department secured the property to prevent unauthorized entry. 5. That on April 1, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 6. That based upon said records of the Fire Department, the fallowing conditions anal violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the public nuisance/hazardous building located at 1355-57 Circle Terrace Blvd. N.E. 7. 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 1355-57 Circle Terrace Bvld. 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 1355-57 Circle Terrace Bivd. N.E. constitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 25 ~~~ `~~`,,,,,,,,~ Approved 5/6/08 \~ ~~Y COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 1, 2008 The meeting was called. to order by Chair, Barbara MiIler at 7:06 p.m. Members present were Barbara Miller, Catherine Vesley, Patricia Sowada, and Nancy Hoium. Also present: Becky Loader, Stacey Hendren., and City Council Representative Bruce Kelzenberg. Not present: Lynette Thomson. The minutes of the March 11, 2008, board meeting were approved. as mailed. The bill list dated 3/24/08 was reviewed. It was moved, seconded and passed that the bills be paid. The accounting dated 4/1/08 was reviewed.. Old Business: 1. An update was given concerning staffing. Due to the promotion of Page Jesse, and another Page joining the National Guard, CHPL will be hiring 3 new pages. 50 applications were received for the Page positions, and 10 will be interviewed. The interviews will take place the week of Aprii 7`" with training to be completed before summer. The Board discussed the Northeaster and how they are pleased with the quality of writing. 2. The schedule for capital expenditures was presented to the Board including: a. Carpeting- planning on replacing in September due to the busy schedule in the summer. Loader is planning on replacing the atrium carpeting also, if there is enough budgeted. b. Public PCs- Loader will coordinate with Al from ACL, and Aleksandr Chernin from the 1S department to schedule the replacement of 5 public PCs sometime next fall. c. Workstations- CHPL will be replacing the two desks in the children's department with modular workstations in the fall. There will be no capital expenditures in the spring due to the high usage of the library. d. Exterior gas meter pipe- The pipe needs to be painted. Recent bids came in too high so Loader will work with Public Works about having someone paint the pipe. e. Emergency door- The door needs to be replaced. The Library door has been included in the bid for an Emergency door for Public Works. f. Shelving- New shelving in the Children's Department has been approved, but it is uncertain when it will be ordered. New Business: 1. The Board reviewed the 2007 State version of the annual report. Loader asked the Board to note that the Strategic Plan and the Self-Evaluation of Services have not been updated recently. The Board questioned whether they could. review the old plan and update the date. Loader stated that it might be possible to review the plan and add a note for the current year. 2. The Board reviewed the February 2008 circulation and crossover statistics. Sowada asked for clarification concerning the Jail Deposit. Loader stated that there is a mall materials collection at the Jail provided by ACL. 26 3. The Board reviewed the Shoreview expansion article and discussed the campus situation. 4. Miller noted the nice letter to the Friends. Items from the Floor: 1. Vesley discussed upcoming exhibits and programs in the commmlity including the "Memories of France" exinbitiCSii and the "North Artists StudiFv' Crawl." 2. Vesley asked about the Read Dog program and what is necessary far a dog to be a part of the program. 3. Loader requested an update on the Public Safety building project. Kelzenberg stated that everything is moving along well and looks great. The Board discussed the new Police Chief and the possibility of outreach programs with the Library. The Board. discussed building projects throughout the City of Columbia Heights. 4. There will be a presentation of the National Library Week Proclamation given by 1~layor Gary L. Peterson at the Monday, April 14th City Council meeting. Vesley and Sowada will receive the proclamation from the Mayor. There being no further business, the meeting was adjourned at 7:48 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment 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. 2 27 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 6, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine 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 Schmitt, seconded by Peterson, to approve the minutes from the meeting of April 1, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0501 APPLICANT: Car Wash Partners/Mr. Car Wash LOCATION: 4423 Central Avenue REQUEST: Site Plan Approval INTRODUCTION At this time, Mr. Car Wash is requesting a site plan approval for new signage for the building located at 4423 Central Avenue. In September 2007, Mr. Car Wash was granted a Site Plan Approval for the remodeling of the former Don's Car Wash at the same location. Mr. Car Wash has submitted plans that incorporate signage that was not approved at the September 2007 meeting. For this reason, the applicant is requesting a site plan approval. for their current sign plan. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals is to provide mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image anal 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. The proposed sign plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north and south. The properties to the east are zoned R-2A, One and Two Family Residential and the properties to the west are in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(12) states that total signage in the GB District shall not exceed two square feet of each front foot of building. The building located at 4423 Central Avenue has 35 feet of frontage. For this reason, the total amount of signage allowed on the building is 70 square feet. The applicant's sign plan indicates the two wail signs will be utilized. The first in on the front of the building and is 21 square feet in area. The second one will be on the south elevation and will be 49 square feet in area. In total, the plan incorporates 70 square feet of signage, meeting the Sign Code requirements. Za PLANNING & ZONING COMMISSION MINUTES PAGE 2 MAY 6, 2008 DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall signs will not be internally lit, and meet 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: The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for 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. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the propel°ty in the immediate vicinity should not be adversely impacted Sargent reviewed the pictures of the proposed signage with the commission members. He stated the signage plan conforms to all standards outlined in the Design Guidelines, therefore, staff recommends approval of the site plan for the Mr. Car Wash building located at 4423 Central Avenue. Questions from the Members: Szurek questioned whether the signage on the window on the south side of the building is acceptable. Sargent explained the signage is inside the building, not actually on the window, so it is acceptable. She also asked whether the pylon sign was previously approved. Sargent stated it wasn't necessary for that sign to go through the approval process since they just re-faced an existing sign and the business use stayed the same. No permit is necessary either for a sign being re-faced. Peterson questioned whether the wording or colors could ever be changed on the proposed signs. Sargent explained that the total amount of signage on the building cannot exceed 70 sq. feet. He also said some changes would trigger a need to come back for approval (i.e. drastically changing the colors), but changing from one shade of color to another similar shade of the wine color, would not constitute a need for another approval process. Peterson commented that the proposed signs have a nice appearance and are balanced nicely on the building. Fiorendino asked whether the signs would be illuminated. The owner stated they will not be illuminated. 29 PLANNING & ZONING COMMISSION MINUTES PAGE 3 MAY 6, 2008 Public Hearing O ep ned: No one was present to speak on this issue. Public Hearing, Closed. Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution No. 2008-PZ06, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Peterson, to adopt Resolution No. 2008-PZ06, being a resolution approving a site plan for the Mr. Car Wash building located at =1423 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ06 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4423 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0501) has been submitted by Mr. Car Wash to the Plamling and. Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4423 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the Mr. Car Wash building located at 4423 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 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, properly 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: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. 30 PLANNING & ZONING COMMISSION MINUTES PAGE 4 MAY 6, 2008 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 (li culendur veer after the approval date, subject to petition for renewal of the permit. Passed this 6t'' day of May 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: 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. Robert Handt Date Case #2008-0502 INTERIM USE was WITHDRAWN CASE NUMBER: 2008-0503 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in ail zoning districts, and now requires an Interim Use Permit. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(20}, and will be added as conditions of approval for this permit. This will be the Renaissance's 4th year operating a fireworks tent at this location in Columbia Heights. In previous years, the City did not regulate fireworks tents. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Pian. 31 PLANNING & ZONING COMMISSION MINUTES PAGE 5 MAY 6, 2008 ZONING ORDINANCE The zoning classification for this propert,~ located at 4005 Central Avenue is CBDB, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 8~,500- square foot commercial building is required to have 263 parking spaces. After using the 13 parking spaces for the tent, the site will still have 282 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. Therefor°e, the proposed temporary use should not have any detrimental impact on neighboring proper°ties because of its proximity to Central Avenue and it is shielded from an adjacent residential use. 4. The use will not substantially diminish the use of property in the immediate vicinity. Tl~e fireworks tent as proposed will have no impact on the use of adjacent pl°operties. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on-site survey prior to the business opening. All state T°equii•ements regarding fireworks sales will be conZplied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. 32 PLANNING & ZONING COMMISSION MINUTES PAGE 6 MAY ~, Zoas Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined in the suggested motion. Questions from members: Fiorendino asked what exactly the term ``impervious surface" meant in regards to this request. Sargent explained that the tent itself had to be on a hard surfaced area and that the tent and merchandise cannot be on the bare ground. Schmitt felt the terminology used in the motion conflicted with the terminology in the Resolution. The motion states they can operate the fireworks tent for 90 days from date of approval, but the Resolution states they have a one year period of time to begin the operation.. After some discussion, it was explained that the Resolution generalizes what is acceptable within a certain period of time and the motion further defines that use and the allowable timeframe for that particular use. Schmitt then asked if this is a "fundraising event". Sargent stated he didn't think that it was. It is a business operation that has operated in town for the past three or four years. Previously, they were handled through the business licensing process which changed when the Interim Use Permit was established to address all temporary sales tents. Peterson commented that he thought the fire extinguishers should not all be located in one area of the tent, but in several different corners as fireworks are potentially more dangerous than garden plants sold at the other tent displays. Sargent said the Fire Dept. personnel review these plans and also make on site inspections prior to them opening to address any fire related concerns. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission approves the Interim Use Permit for a ftrewof-ks tent at =1005 Central Avenue NE for a period nat to exceed 40 days fi^orn date of approval, 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. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. S. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible fi^om adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a coJnbined square footage not exceeding thirty-two (32) square feet. 9. Fireworks tents may be allowed for a maximum of r7inety (90) days per calendar year. All ayes. MOTION PASSED. 33 PLANNING & ZONING COMMISSION MINUTES PAGE 7 MAY 6, 2008 RESOLUTION N0.2008-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0503) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent anal sale for a period of no more than 90 days. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 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 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: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administ~•ator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use ~2~ill not impose hazards or disturbing intluences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The apse will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding as°ea. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of tragic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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~a~e (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all. requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of--way are prohibited. 4. All goods shall be displayed. on a designated impervious surface area. 5. Ail goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided. one-site below the level required for the principal use. 34 PLANNING & ZONING COMMISSION MINUTES PAGE 8 MAY 6, 2008 8. Signage shall be limited to two (2} professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. 9. Fireworks tents may be allowed for a maximum of ninety (90} days per calendar year. Passed this 6t~' day of May 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: 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. Mark Lazarchic Date CASE NUMBER: 2008-0504 APPLICANT: De`Jetter Design Croup LOCATION: 1400 - 49th Avenue REQUEST: Conditional Use Permit, Site Plan Approval INTRODUCTION At this time, DeVetter Design Group is requesting a Conditional Use Permit and Site Plan Approval for an expansion to the existing Columbia Heights High School located at 1400 - 49th Avenue. Per the attached written narrative, "the building addition will include two full-size gymnasiums, two exercise rooms, men's and women's locker rooms and changing facilities, office space, storage rooms and mechanical rooms. It is intended that the building addition will be available for use by both the School District students and staff, as well as the general public". The proposed exterior work will include landscaping and hardscaping, which is intended to create a community courtyard and gathering area. Site features and landscaping have been designed to maintain the current aesthetics of the site as it relates to the adjacent school facilities and surrounding neighborhood. The site will also provide the necessary storm water management required by the City of Columbia Heights, Anoka County, and the Minnesota Pollution Control Agency. Once completed, the project will provide state-of--the-art gymnasium and exercise facilities for use by both school students and the general public as well as create acommunity-gathering place. 35 PLANNING & ZONING COMMISSION MINUTES PAGE 9 MAY 6, 2008 Sargent reviewed the drawings showing the location of the proposed buildings on the site. He also explained how frontage property lines are established and defined, and how they relate to the setback requirements. COMPREHENSIVE PLAN The Comprehensive Pian designates the property as Single Family Residential. The proposed use is consistent with the types of uses allowed in all residentially zoned areas of the City. ZONING ORDINANCE The property located at 1400 - 49th Avenue NE is zoned R-1, Single Family Residential, as are the properties to the north and east. The properties to the west and south are zoned R-2, One and Two Family Residential. The Zoning Code at Section 9.109 {E)(3)(c) allows for school, public or private, K-12 as a Conditional Use. BUILDING CONSTRUCTION. The proposed construction will be an addition to pool area portion of the high school, which is located on the northern end of the campus. The proposed building materials used for the project will match the existing materials used on the remainder of the school building, while incorporating building materials that will complement the existing building and surrounding area. The building addition is forced to take a severe grade change into consideration, while making the area user- friendly and inviting to the general public. These elevation changes have imposed constraints on the overall design of the site, but the architects have been able to solve these problems by incorporating steps, landings, landscaping and a courtyard area. The property in which the high school is located abuts three public rights-of--way. By definition, 49tH Avenue is considered a corner side yard for setback purposes. Given this definition, the setback for any building to the property line adjacent to 49th Avenue is 12 feet. The proposed plans indicate a building setback of 15' 10". PARKING. Senior high schools are required io provide 10 parking stalls, plus 1 parking stall for each ~ students that are enrolled. Currently, the Columbia Heights High School has 474 parking stalls on site. The high school also has 850 enrolled students, requiring a total of 152 parking stalls. It is anticipated that patrons to the newly constructed gyms will utilize the parking stalls located across 4911' Avenue. LANDSCAPING. The proposed landscape plan indicates the installation of 9 trees, numerous shrubs and areas in which sod will be located. The landscaping will add to the overall aesthetic appeal of the project, and meets the requirements of City Code. STORMWATER MANAGEMENT. As previously stated, the site will provide the necessary stornl water management required by the City of Columbia Heights, Anoka County and the Minnesota Pollution Control Agency. The majority of the storm water facilities is concentrated in the northwest corner of the site and consists of underground storm water retention units, which will not be visible to the general public. 36 PLANNING & ZONING COMMISSION MINUTES PAGE 10 MAY 6, 2008 FINDINGS OF FACT (Conditional Use Permit} Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact that must be met in order for the City to grant a conditional use permit. They are as follows: (a} The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Schools, public or private, K-12 are specifically listed as a Conditional Uses in the R-1, Single Family Residential District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as Single Family Residential. An addition to an existing high school is consistent with the types of uses allowed in all residentially zoned areas of the City. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed addition will incorporate a gymnasium and workout facility, open to the general public. The addition is to an existing high school and meets all applicable setback provisions. For these reasons, the use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for the proposed addition would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The proposed building materials used for the project will match the existing materials used on the remainder of the school building, while incorporuting building materials that will complement the existing building and surrounding area. The addition of a courtyard area will also enhance the aesthetic appeal of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 1400 - 49`"Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. There will be no change to the current configuration of drive aisles or parking lot area. The High School has an over-abundant amount of parking, and will easily be able to accommodate the parking needs of the newly constructed addition. (h} The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Being that K-12 schools are allowed as Conditional Uses in the R-1, Single-Family Residential District, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulation for the R-1 zoning district. 37 PLANNING & ZONING COMMISSION MINUTES PAGE 11 MAY 6, 2008 FINDINGS ~F FAGT Site Flan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a} The site plan conforms to all. applicable requirements of this article. The site plan meets all setback, building density, and parking crite~°ia pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan designates the property as Single Family Residential. An addition to an existing high school is consistent with the types of uses allowed in all residentially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of--way. The proposed project will give the Columbia Heights Public Schools the opportunity to upgrade their existing athletic facilities by adding another gymnasium and workout room. The City of Columbia Heights will benefit by acquiring a gymnasium and workout room available to the general public. The proposal is consistent with the minimum requirements for a school in the R-1 zoning district. For this reason, Staff recommends approval of the project. Paul DeVetter, from DeVetter Design, made a presentation to the members. He showed pictures of the proposed addition. It is his desire to build a campus that makes a statement and improves the image of the existing site. He also reviewed the plan to incorporate a public outdoor/courtyard gathering space. Greg Carlson was also present from Anderson-Johnson Assoc. to answer questions. Questions from Members: Thompson questioned the elevations and noted he was concerned about the drastic differences on the plans he was given to review. He also had concerns regarding the utility plans. Greg Carlson stated these were not the final plans yet and those issues needed further revisions. Fiorendino asked if the new structures would go from the present driveway on the east to the alley on the west. He was told that was the plan, but parking spaces along either of those would not be affected. He then asked if it is permissible to have a parking lot that is across the street from. this type of structure, as is the case presently. Sargent stated it may not be desirable, but it is acceptable to have the parking area across the street, as it is now. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 12 MAY 6, 2008 Schmitt said she would like to see more lighting for the crosswalks on 49tH Avenue between the parking lots and the school grounds. She feels it is dangerous crossing there now, and the increased public use of the facility will only make it more so. She also felt the signage in the lots should be changed from "Teacher" parking and ``Student" parking to Public Parking to accommodate those using the facilities. This is a compromise that will need to happen due to the decision to build a public facility on school district property. Schmitt asked how the size of the new gyms compare to the existing gym. Sargent stated that each gym will be smaller, with regulation sized courts, bunt only seating for approximately 60 people. It is a more compact design, and is meant to be used as "extra" space. Big events, games, or tournaments, will still need to be held in the main gym. These gyms will be used as overflow gyms for practices and sporting events that have fewer spectators. It was noted that the student locker rooms will be separate from the public locker rooms in the public gym, and that the locker rooms in the pool area will be remodeled and remain open as well. Szurek stated she did not think the gyms are large enough. There was further discussion about how the "front property line" was established. Schmitt noted that both schools, with two addresses, were used to establish the boundaries of the site. Sargent stated that was correct, because both buildings are on one tax parcel. Peterson said he thought the proposed plans would be a positive change for the site. However, he was concerned about how the new additions would look from both the east and the west. He wished there were 3-D drawings which would help him visualize the impact this construction would have on the area and its residents. He was concerned about the proximity to the street compared to other properties along 49tH Avenue. He also was concerned about lighting, additional noise, and additional traffic in the area. Mr. DeVetter stated the City's gym on the east will be partially underground due to the elevations of the site, so its height will not seem so overwhelming. He stated the lighting is not part of this site plan approval. Thatrs an issue the school district will have to deal with. And the only additional noise for the area would be traffic noise, which they have now for various school functions. Szurek is concerned that the school district could monopolize the gym space and make gym space for the community-ed programs unavailable. Gary Peterson responded that the City gym will always be available for our youth programs as needed, and that scheduling of the multiple gyms will be worked out with the school district according to the Joint Powers Agreement that has been established. Public Hearing_Opened. Howard Seim of 1425 Molan Terrace was surprised that the site is already being prepared for construction even though the Site Plan hasn't been approved yet. He had several concerns he wanted to express. He is concerned about the setbacks not being maintained as established. He said when the swimming pool and district offices were added, setbacks were the primary concern. He also felt that if the school district wants to improve the site, they shauld take down the chain link fence surrounding the property because it is unsightly. Mr. Seim felt the traffic at Fillmore and 49tH Avenue is almost impassible to navigate at times. He thinks the intersection should have improved crosswalks and lights to help pedestrians and vehicle traffic. Gary Peterson said he would have the Traffic Commission look at this area and make a recommendation. 39 PLANNING & ZONING COMMISSION MINUTES PAGE 13 MAY 6, 2008 Joe Allen of 1440 Molan Terrace stated he has trouble getting onto 49th Avenue in the morning without extra traffic being involved. He said the parking lots are lit up, and so is his yard, because he abuts the parking lot. He would like to see additional screening between the parking lot and his property if there is going to be additional use of the parking lots because of the gym additions and public exercise rooms. If this will be used as an Activity Center, the parking lots will be utilized on a continual basis, not just school days. Peterson again stated he would feel more comfortable supporting this if he could see 3-dimensional drawings of the proposed development. He is not convinced it will be better for the area as a whole. He would like to see more input from the residents in the area. He wants to assess the impact on them, both good and bad. Szurek didn't think the process should be stopped now. A committee of residents put a lot of time and effort into this, as did the City Council and School District in making their final decision. She thinks there has been a lot of public input already. Szurek stated it is the School District's responsibility to address the traffic and parking lot issues. Sargent reminded members that the applicants have supplied more information. and more drawings than is actually required for approval of the site plan. He also noted that all the residents within 350 feet of this project were notified of this meeting and they are welcome to attend the City Council meeting Monday night if they have concerns. Sargent explained the commission needs to focus on the request before them and the whether the information provided meets the City's requirements. Thompson agreed that residents should contact the school board regarding the parking lot and screening issues and that pedestrian and vehicle traffic congestion should be forwarded to the traffic commission. Public Hearing Closed. Motion by Thompson, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ08, there being ample copies available to the public. Thompson, Fiorendino, Schmitt, and Szurek-Ayes. Peterson-Nay. MOTION PASSED. Motion by Fiorendino, seconded by Thompson, to adapt Resolution No. 2008-PZ08, being a resolution approving a site plan for an addition to the Columbia Heights High School located at 1=100 - 49t1i Avenue. Thompson, Fiorendino, Schmitt, and Szu~°ek-Ayes. Peterson-Nay. MOTIONPASSED. RESOLUTION N0.2008-PZ08 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR AN ADDITION TO THE COLUMBIA HEIGHTS HIGH SCHOOL LOCATED AT 1400 - 49T'' AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0504) has been submitted by DeVetter Design Group to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49`'' Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an addition to the Columbia Heights High School located at 1400 - 49th Avenue. 40 PLANNING & ZONING COMMISSION MINUTES PAGE 14 MAY 6, 2008 WHEREAS, the Planning Commission. has held a public hearing as required by the city Zoning Code on May 6, 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 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: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 6`~' day of May 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: 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. Paul DeVetter Date 41 PLANNING & ZONING COMMISSION MINUTES PAGE 15 MAY 6, 2008 Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for an addition to the Columbia Heights High School, located at 1400 - 49`'' 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: To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Columbia Heights and the Independent School District #13. Thompson, Fiorendino, Schmitt, and Szurek-Ayes. Peterson-Nay. MOTION PASSED. The following Resolution will go to the City Council at the May 12, 2008 meeting. DRAFT RESOLUTION N0.2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLIJrvIBIA HEIGHTS HIGH SCHOOL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0504) has been submitted by DeVetter Design Group to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49`x' Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (E)(3)(c), to allow the construction of an addition to the Columbia Heights High School located at 1400 - 49th Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and. 42 PLANNING & ZONING COMMISSION MINUTES PAGE 16 MAY 6, 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 use is one of the conditional uses listed for the zoning district in which the properly is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one ~) calendar ,year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Colummbia Heights and the Independent School District #13. Passed this _ day of May 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson. Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 43 PLANNING & ZONING COMMISSION MINUTES PAGE 17 MAY 6, 2008 NEW BUSINESS Szurek reported she had attended the City Council work session where the Point of Sale Inspection Program was discussed. She stated that the Council is in favor of this and that it should be implemented within the next 3 months or so. She also told the members that the Council will be implementing an emergency moratorium ordinance to halt any additional rental licenses being issued. This is being done to give staff time to study the impact on the community of the large number of foreclosures throughout the city and how this situation is increasing rental units. From January 2006 to present, 277 properties have been in the foreclosure process. This is 3 i/2% - 4% of our housing stock, and the metro average is 1 1/2%. OTHER BUSINESS The goals for the Comprehensive Plan have been given to Bonestroo for their input. Once they have established they are compatible, a joint meeting of the P & Z Commission and the City Council will be held. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Shelley Hanson Secretary 44 City of Columbia Heights Park and Recreation Commission March 26, 2008 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Holum; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer; Gary Peterson, Mayor Also present: Cliff Shedlov, resident APPROVAL CONSENT AGENDA Motion by Foss, second by Payne, to approve consent agenda. Upon vote: all ayes, motion carried. LETTERS AND REQUESTS A. Letter of appreciation and $150 donation from the Christopher Toastmasters group Evans acknowledged the letter and donation. Windschitl sent a Thank You card. This community group has been using JPM for 25 years. B. Letter of appreciation from Opportunity Partners Evans acknowledged the letter of appreciation. Windschitl stated that this non-profit organization was charged at $40/$15 fee for the use of JPM to hold an awards dinner. C. Letter of rec~nition of Karen Moellerg Senior Coordinator and the Columbia Heights Senior Program from resident John Van Pilsum Evans acknowledged the ieiter. Windschitl recognized that Karen Itiioeiler does a great job with the senior trips, which is very evident by how quickly the trips fill. D. Letter of request from the Columbia Heights Jaycees to hold a 50th Anniversary event at JPM free of charge or at a reduced cost Windschitl informed the Commission that JPM is rented on both Saturdays prior to the requested dates so a turn around would be required on Sunday morning. Motion by Foss, second by Greenhalgh, to charge a $40 entry fee and a $15 per hour of use charge for the use of JPM by the Columbia Heights Jaycees. Upon vote: all ayes, motion carried. E. Letter of request from residents Cliff & Sharon Shedlov to hold a benefitd_nner at JPM for a reduced or waived fee on Wednesday, April 23 Resident Cliff Shedlov informed the Commission that he has been a resident for 45 years. This fundraiser would benefit a young man who works for his son. The man was injured in a snowmobile accident of which no alcohol was involved. The event would last from 5:00 p.m. to 8:00 p.m. With setup and cleanup they would be in the building from 4:00 45 Park & Recreation Commission 3/26/2008 Page 2 p.m. to 9:00 p.m. Windschitl indicated that on the evening of April 23~d the building would be open for other programs. Motion by McDonald, second by Payne, to waive the fee on Wednesday, Apri123, 2008 for the use of JPM unti19:00 p.m. Upon vote: all ayes, motion carried. OLD BUSINESS A. Silver Lake Park & Sullivan Lake Park improvement update Hansen reported on the current status of the park improvements. Advertising for bids will close on Thursday at 2:00 p.m. Interest is very high for this project as thirty-two contractors are on the list. Three grant requests have been submitted for Silver Lake Park: one State, one Federal, and one to the Rice Creek Watershed District. Park construction should be completed by this summer; the construction time is three-months. Hansen indicated that last year's budget money has been carried over to this year's budget for a shelter at Huset Park. The shelter had been placed on hold indefinitely until a decision was made on the location of an activity center in the City. NEW BUSINESS A. 2008 Park Planning Hansen reported that the 2008 Parks Budget has $10,000 established for the planning process of another City Park. From the past discussions of the Commission Members, Ramsdell Park is the most logical park to focus on next. Evans asked what the goals are for Ramsdell Park. Hansen stated that all aspects of the park would be considered from parking, bail fields, the wading pool and making the park A.D.A. accessible. There has been considerable interest from the neighborhood around Ramsdell Park to make improvements. Hansen stated that he would be looking into funding. Payne indicated that he feels the City's biggest park, Huset Park, should be focused on first because it is so highly used. Evans asked if it would make more sense to install at shelter and playground at Huset Park instead of Ramsdell. Hansen replied that money for a shelter at Huset Park is in the budget. Motion by Stroik, second by Payne, to resurrect the Huset Park Master Plan. Hansen stated the City does not have resources at the current time for Huset Park. In 2010 there may be State resources {MNDOT) available for associated improvements like moving the road. Windschiti indicated that we could use a shelter at Huset Park. Kordiak Park gets a lot of business due to the large shelter available for rentals. Hansen indicated the current money in the budget is to establish a master park plan at the next logical park to receive improvements. Greenhalgh asked if purchasing a 4th shelter at the time that the shelters are purchased for Sullivan Lake Park and Silver Lake Park would save money. Hansen stated that he would look into that possibility. No vote taken. Motion by Holum, second by Foss, to create a Master Park Plan for Ramsdell Park. 46 Park & Recreation Commission 3/26/2008 Page 3 Payne indicated that all of the City parks need work. He questioned why the smaller parks would receive improvements before the biggest park that is highly used. Hansen reviewed the history of the Huset Park Master Plan process. He stated we are currently making improvements to our highly used neighborhood parks and that the Commission has good intentions for future improvements at additional parks. Peterson added that it is a good idea for the Commission to prioritize the order of park improvements and have some goals in place. He stated that two parks are receiving improvements, which is a major step of park redevelopment. Greenhalgh indicated that with new gyms built at the High School Ramsdell Park should receive improvements to accommodate the increased activity in the area. Upon vote, all ayes, motion carried. REPORTS Recreation Director Windschitl reported that the City and the Columbia Heights School District have both approved a joint powers agreement to govern the new gym facility. Maintenance costs will be split based on the square footage. Honeywell will be reporting on the conclusion of the HVAC study shortly. Windschitl invited all Members to the Commission Dinner on April 16, 2008. Public Works Director/City En ig'neer Hansen reported that the Public Works Department is trying to bring seasonal employees on early in May to keep up with grass cutting. There will be a total of 18 employees split up between the departments. Many past employees have returned, Joanne Baker is retiring after 18 years of employment with the City. Commission Members McDonald asked what is going to happen. to LaBelle Park. Hansen replied that ideas for improvements would be discussed during this year. Payne indicated that he is thankful for the improvements that are happening to the City parks this year. Evans stated that volunteer projects are a good idea for the Commission. Hansen indicated a cleanup day at the end of April or beginning of May would be helpful at Huset, Labelle and Prestemon Parks and also at Hart Lake. Peterson asked the Members if they had any interest in a dog park. Members stated that they were not interested because Columbia Park has one. ADJOURNMENT Eileen Evans adjourned the meeting at 8:07 p.m. Deanna Saeflce, Recreation Clerk Typist II 47 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: May 12, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Adopt Res. 2008-99 Council BY: Walt Fehst BY: meeting date change May 2008 DATE: May 5, 2008 DATE: NO: Back rg ound: Monday, May 26 is Memorial. Day. City offices will be closed in observance of this holiday. Recommendation: Reschedule the Monday, May 26, 2008 regular City Council meeting to Tuesday, May 27, 2008 beginning at 7:00 p.m. in the City Council Chambers. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2008-99, there being ample copies available to the public. MO'I'IUN: Move to adopt Resolution 2008-99, being a Resolution rescheduling the Monday, May 26, 2008 regular City Council meeting to Tuesday, May 27, 2007 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: 48 RESOLUTION N0.2008-99 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 26, 2008 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 26, 2008 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 27, 2008 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this _ day of 2008 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 49 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting o£ May 12, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administration APPROVAL ITEM: Ordinance 1545 Mayor's BY: Walt Fehst BY: Salary DATE: May 5, 2008 DATE: NO: Background: At the April 14, 2008 City Council meeting the City Council, on a 3 ayes, 1 nay, and 1 abstain vote, the City Council moved to increase the salary of the City of Columbia Heights Mayor to $13,800 per year, following the 2008 municipal election. The motion was made by Councilmember Kelzenberg, seconded by Councilmember Diehm. Councilmember Nawrocki voted against the motion and Mayor Peterson abstained from the vote. Per City Charter Section 13, Salaries: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until after the next succeeding municipal election. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1545, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1545, pertaining to salaries of elected officials, far Tuesday, May 27, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. COUNCIL ACTION: 50 ORDINANCE NO. 1545 BEING AND ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, PERTAINING TO SALARIES OF ELEC 1 ED OFFICIALS The City of Columbia Heights does ordain: Chapter 2, Article I, Section 2, (A), of the Columbia Heights City Code, which currently reads to wit: § 2.102 SALARIES. (A) Pursuant to the provisions of M.S. § 415.11, as it may be amended from time to time, effective January 1, 1994, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $9,000 per year, payable at the rate of $750 per month. Is herewith amended to read as follows: § 2.102 SALARIES. (A) Pursuant to the provisions of M.S. § 415.1 1, as it may be amended from time to time, effective January 1, 2009, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $13,800 per year, payable at the rate of $1,150 per month. First reading: Second reading: Date of passage: Offered by: Seconded by: Roll call: Mayor Gary L. Petersons Attest: Patricia Muscovitz CMC City Clerk 51 CITY COUNCIL LETTER Meeting of May 12, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Scott Nadeau BY: NO. Dept 2008 Budget Overtime Line #1020 DATE: 05/05/2008 DATE: BACKGROUND During the time period of January through March of 2008, the Police Department took part in the Anoka County DWI Task Force program. At the end of April, we received reimbursement through grant funds from the State of Minnesota in the amount of $3,910.42. This money was originally paid out of our 2008 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2008 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like these funds, $3,910.42, moved back into our 2008 Police Department Budget line # 1020 (Overtime) from the General Fund. RECOMMENDED MOTION: Move to transfer $3,910.42 collected from the State of Minnesota far our efforts in the Anoka County DWI Task Force program from the General Fund to the Police Department 2008 Budget line #1020 Overtime. :kao 08-81 COUNCIL ACTION: 52 Paul Banesteel - Payetail ~ .- Page 1 Payment Detail Far Vendor: CDL UMBL4 HEIGHTS CITY OF T No. 43677244140 Ifyou have any questions regarding this payment, call the Contact i'hone Number listed next to the Agency CodetDescription .This is thestate agency that made the paym~t toyou and will be able to answer any questions. Payment Number: EF00003347331 Payment Amount : 3,9 t 0.42 Payment Date : 2008104/30 Agency Godet Contact Phone Voucher Vendor Payment bescription Number Number lnvoiee Number Amount P47ST PATROL- 6511201 -7fl20 540fl0000451 NIGHTCAP POLICE DWI 1/A-25/08 1,28598 ERNESTO P47ST PATROL - 651201 -7420 50000000452 NIGHTCAP POLICE DW[ 712-22148 1,364.71 BRNESTO P47 ST PATROL - GSi201 -7420 54400004453 NIGHTCAP POLICE DWI 3/15-28148 1,259.73 ERNESTY3 Retarn to Payment S ummary Pale Select a T3ifferent Location hops://www2.mai nserver.state.mn .us/potw/servlet/PaymentDetail.j sp?PaylnentNo=EFO 000334731 I&Pay... 41341200$ 53 Anoka County DWI Task force January, 2008 Officer: Date Worked Haurs Worked Pay Rate Overtime Rate Hrs. x Rate E uals Pa Medicare P.E.R.A. Workers Com . Total Paul Banesteel 01104/08 9.00 $29.69 $44.54 $400.82 $5.81 $51.71 $14.07 $472.40 Matt Aish 01/12/08 8.00 $29.69 $44.54 $356.28 $5.17 $45.96 $12.51 $419.91 Paui Bonesteei 01/25/08 7.50 $29.69 $44.54 $334.0'1 $4.84 $43.09 $11.72 $393.67 ~r Totals '' 24.50 ~ $1,091.11 r Y°~ $1,285.98 :, ~ ~~ Medicare P. E. R.A. Workers Comp. 2007 Benefit Rates: 1.45% 11.7% fi R Medicare P.E.R.A. Workers Comp. 2008 Bene ates: t 1.45°l0 12.9°l0 Anaka County DWi Task Force February, 2008 Officer: Date Worked Haurs Worked Pay Rate Overtime Rate Hrs. x Rate E uals Pa Medicare P. E. R.A. Workers Com . Total Paul Bonesteel 02/02/08 9.00 $29.69 $44.54 $400.82 $5.81 $51.71 $14.07 $472.40 Matt Aish 02/15108 8.00 $29.69 $44.54 $356.28 $5.17 $45.96 $12.51 $419.91 Paul Bonesteel 02/22/08 9.00 $29.69 $44.54 $400.82 $5.81 $51.71 $14.07 $472.40 Totals ~;~ ~ 26.00 ..; ~'~~..~w $1,157.91 ~ }~,.lp ~~'~'.;~' ~ t" ,1~. _. $1,364.71 Medicare P.E.R.A. Workers Comp. 2007 Benefit Rates: 1.45% 11.7% Medicare P.E.R.A. Workers Camp. 2008 Bene€it Rates: 1.45% 12.9% Anoka County DWt Task Force March, 2008 Officer: Date Warked Haurs Warked Pay Rate Overtime Rate Hrs. x Rate E uals Pa Medicare P.E.R.A. Warkers Cam . Tats! Paul Banesteel 03J15J08 10.00 $29.69 $44.54 $445.35 $6.46 $57.45 $15.63 $524.89 Danielle Hanly 03117/08 6.00 $29.69 $44.54 $267.21 $3.87 $34.47 $9.38 $314.93 Matt Aish 03/28/08 8.00 $29.69 $44.54 $356.28 $5.17 $45.96 $12.51 $419.91 To#ats 24,00 $1,068.84 ~~ ~~ $1,259.73 i ej Medicare P.E.R.A. Warkers Camp. 2007 Benefit Rates: 1.45% 11.7°10 Medicare P.E.R.A. Warkers Camp. 2008 Benefit Rates: 1.45% 12.9% CITY COUNCIL LETTER Meeting of Mav 12, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 7, 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 May 12, 2008. COUNCIL ACTION: 57 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10026 Home Leasing & Management, Inc 20138 Salvation Army Harbor Light 20179 Jan Baerger 12059 Marietta Bornholdt 20426 Terry Buchanan 12041 Ronald Cadieux 20170 Cynthia Cotton 30123 Martha Demetriou 10128 Jeffrey Dinkel 10041 Mike Donnelly 10070 Lawrence Garner 10104 Michael Gondek 20088 Bette Harlan 20156 Bette Harlan 20006 Roy Hopf 20180 Kenneth Koster 20200 Kevin McGinnity 30121 Anwaar Minhas 10005 David Nelson 12037 W. Tarey Peterson 20188 Ronald Schloesser 30075 Wilton Smith 20027 Tim Taylor T.P.T. Partnership 30117 Lisa Telkamp-Castro 20047 James Wegman 20321 Lisa Wrobel 12122 Joseph Yang 20243 Mark Youngren 4554 6TH 1004 GOULD 1715 37th 4207 2ND 4154 2ND 665 45TH 4606 FILLMORE 4654 Tyler 4208 MADISON 4044 Reservoir 3740 2ND 325 Summit 5232 WASHINGTON 5116 WASHINGTON 4233 UNIVERSITY 5152 WASHINGTON 4432 2ND 4634 Tyler 3911 Tyler 3963 POLK 4215 2ND 4544 MADISON $31 40TH 4607 Tyler 3959 Reservoir 3951 POLK 3902 Reservoir 3816 3RD 05/07/2008 10:10 sa Page 1 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10048 Allan Butler 20052 Dwight Larson 4308 6TH 660 47 1 /2 05/07/2008 10:06 59 Page 1 CITY COUNCIL LETTER Meeting o£ May 12, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 7, 2008 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the May 12, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, and a Temporary Liquor License for Immaculate Conception's Fun Fest, August 8-10th, 2008. At the top of the license agenda you will notice a phrase stating * Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. IZECOlVI1~~IENDED lYIOTION: Move to approve the items as listed on the business license agenda for May 12, 2008 as presented. COUNCIL ACTION: 60 TO CITY COUNCIL May 12, 2008 *Signed Waiver Form Accompanied Application aoa~ BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg ESP Companies *Otsego Htg & AC Gateway Mechanical *Midwest Roofing *Grant Utilities *Legend Services *Doug Olson Plumb *Linden Graphics Majestic Tree *Boser Construction 8014 Olson Mem Hwy, Gold Valley 7829 Palmgren Ave, Otsego 13950 Radium St NW, Ramsey 313 Jefferson Hwy, Champlin 553 Como Ave, St Paul 201 No. Medina St, Loretto 931 44th Ave NE, Col. Hts 1950 W Co Rd C, Roseville 4247 Queen Ave No, Mpls 7135 5th Ave NE, Sauk Rapids, MN $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 TEMPORARY LIQUOR Pol/F/Bldg/Z *Immac. Conception 4030 Jackson St. Col. Hts $300 61 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 12, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 125694 through 125857 in the amount of $ 657,821.33 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 62 ",S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS /08/2008 12:42:23 Check History GL050S-V06.74 COVERPAGE GL540R **************************** *************** ********************************** *** C O U N C I L *** C O U N C I L *** C O U N C I L *** C O U N C I L **************************** *************** ********************************** 'port Selection: >tional Report Title.,.....05/12/2007 COUNCIL LISTING fCLUSIONS: end & Account .............. ieck Date .................. >urce Codes ................ >urnal Entry Dates......... ~urnal Entry Ids........... peck Number ................ ~oject ..................... ~ndor ...................... voice ..................... irchase Order .............. ink ........................ >ucher .................... Teased Date ............... .eared Date ................ iclude Exp/Rev Closing Entries thru thru thru thru 125694 thru 125857 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 O1 P4 Y S 6 066 10 63 ".S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS >/08/2008 12 Check History GL540R-V06.74 PAGE 1 05/12/2007 COUNCIL LISTING ~21K VENDOR CHECK NU~I~IBER At'~'IOUNT 4NK CHECKING ACCOUNT ALL SAFE FIRE & SECURITY 125694 25.83 ANOKA COUNTY LICENSE CEN 125695 1,091.88 BELLBOY BAR SUPPLY 125696 262.06 CITY WIDE WINDOW SERVICE 125697 35.15 COURTYARDS OF ANDOVER 125698 25.00 DOTY/KEVIN 125699 263.66 EDLUND/DORINDA 125700 750.00 EXTREME BEVERAGE 125701 960.00 GENUINE PARTS/NAPA AUTO 125702 79.94 HENRY P HENRY 125703 169.36 JOHNSON BROS. LIQUOR CO. 125704 93,946.03 KETZAL COATLICUE 125705 500.00 KISHISH/MR 125706 500.00 MATA-ALVARADO/JOSE 125707 328.66 MEDICINE LAKE TOURS 125708 2,544.00 MUELLERLEILE/KIM 125709 50.00 PETTY CASH - KAREN MOELL 125710 129.41 PHILLIPS WINE & SPIRITS 125711 11,132.56 QUALITY WINE & SPIRITS 125712 9,389.12 RUPERT/DENISE 125713 402.54 SHAMROCK GROUP-ACE ICE 125714 142.08 SHURIE/FADUMA 125715 475.00 SIEGEL/DONALD 125716 500.00 STREICHER'S GUN'S INC/DO 125717 34.99 VERIZON WIRELESS 125718 360.93 WHITE, INC/KYLE 125719 97.95 XCEL ENERGY (N S P) 125720 16,397.76 YOUNG/KATHY 125721 53.69 AAA AWARDS 125722 85.95 ANDERSON/LUKE 125723 298.53 BELLBOY CORPORATION 125724 830.13 BERLSON IMPORTS 125725 156.00 BRAUN INTERTEC CORP 125726 623.25 CAPITOL BEVERAGE SALES L 125727 22,298.18 CENTER POINT ENERGY 125728 1,710.04 CHISAGO LAKES DISTRIBUTI 125729 5,661.61 CITY OF COLUMBIA HEIGHTS 125730 188,400.43 CITY WIDE WINDOW SERVICE 125731 35.15 COLUMBIA PARK MEDICAL GR 125732 14,801.22 COPELAND BUILDING CORP 125733 86,278.85 COSTELLO/TOM 125734 25.85 DANIMAL DISTRIBUTING INC 125735 953.70 DEX MEDIA EAST LLC 125736 74.23 EDS BUILDERS INC 125737 7,820.00 FERNANDEZ CUZCO/TOMAS 125738 452.52 GENUINE PARTS/NAPA AUTO 125739 121.96 GRAPE BEGINNINGS INC 125740 855.50 64 ;S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS >/08/2008 l2 Check History GL540R-V06.74 PAGE 2 05/12/2007 COUNCIL LISTING it~TK VENDOR it~TK CHECKING ACCOUNT HEIGHTS BAKERY HOHENSTEINS INC INDEPENDENT SCHOOL DIST JJ TAYLOR DIST OF MN KEMPER ~ ASSOCIATES LANKFORD/CHARENA LEA/SUSAN MANN/MICHAEL A OFFICE DEPOT OLSON/KAREN PREYER/FELICIA RITE INC SALUD AMERICA INC SARGENT/JEFF T-MOBILE INC TRI COUNTY BEVERAGE & SU VERIZON WIRELESS VINOCOPIA INC WEIGMAN/DANA WIEDOW/JOCELYN WINE MERCHANTS WORLD CLASS WINE ZWACK/MARY PAT ACCENT STORE FIXTURES ACE HARDWARE AMERIPRIDE INC ANCOM COMMUNICATIONS INC ASPEN MILLS, INC. ASSOC OF MN COUNTIES ASSOC OF TRAINING OFFCRS ATLAS AUTO BODY, INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BORROUGHS CORPORATION BOUND TREE MEDICAL LLC BREDEMUS HARDWARE COMPAN BROCK WHITE CO. BRODART BUREAU OF CRIMINAL APPR CAMDEN PET HOSPITAL, INC CCP INDUSTRIES CHAMBERLAIN OIL COMPANY CLARK PRODUCTS INC CMI INC COLUMBIA HEIGHTS RENTAL COORDINATED BUSINESS SYS CSC CREDIT SERVICES INC CHECK NUMBER 125741 125742 125743 125744 125745 125746 125747 125748 125749 125750 125751 125752 125753 125754 125755 125756 125757 125758 125759 125760 125761 125762 125763 125764 125765 125766 125767 125768 125769 125770 125771 125772 125773 125774 125775 125776 125777 125778 125779 125780 125781 125782 125783 125784 125785 125786 125787 AtViOUNT 27.10 5,519.65 194.25 28,438.82 5,920.00 25.00 25.00 200.00 114.59 198.17 100.00 34,714.00 366.00 1,500.00 186.22 222.60 123.51 3,473.09 143.70 50.00 759.58 621.00 12.99 5,580.79 18.18 32.89 12.50 1,137.82 50.00 625.00 492.00 2,501.22 981.36 1,335.65 17.59 32.27 687.90 360.01 50.00 872.88 32.27 1,058.04 35.71 87.30 128.54 858.68 25.00 65 ;S FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS >/08/2008 12 Check History GL540R-V06.74 PAGE 3 05/12/2007 COUNCIL LISTING ~TdK VENDOR INK CHECKING ACCOUNT DEEP ROCK WATER COMPANY DON'S CANVAS & PROP REPA EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC FIDELITY BUILDING SERVIC FLEX COMPENSATION, INC G & K SERVICES INC GENE'S WATER & SEWER INC GENUINE PARTS/NAPA AUTO GOVERNMENT FINANCE OFFIC HD SUPPLY WATER WORKS HEIGHTS ELECTRIC INC. HOME DEPOT #2802 INFRATECH INTEGRATED LOSS CONTROL JOHN E REID & ASSOCIATES KENNEDY & GRAVEN KIMLEY-HORN & ASSOCIATES LAKE RESTORATION INC LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS LITTLE FALLS MACHINE INC MAC QUEEN EQUIPMENT CO. MAIN STREET DESIGN MARVIN DEVELOPMENT INC MEDICS TRAINING INC MEDTOX LABORATORIES, INC MENARDS - COON RAPIDS MENARDS CASHWAY LUMBER-F MIDWAY FORD MINNESOTA PIPE & EQUIPME MN DEPARTMENT OF PUBLIC MONTICELLO FORD MERCURY NORTHERN SANITARY SUPPLY NORTHERN WATER WORKS SUP OCCUPATIONAL DEVELOPMENT OFFICE DEPOT PC SOLUTIONS INC PIONEER PRESS PLANT & FLANGED EQUIP CO PROSOURCE TECHNOLOGIES I QWEST COMMUNICATIONS R.AMA ENTERPRISES RANDOM HOUSE, INC ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN CHECK Nu`IvBER 125788 125789 125790 125791 125792 125793 125794 125795 125796 125797 125798 125799 125800 125801 125802 125803 125804 125805 125806 125807 125808 125809 125810 125811 125812 125813 125814 125815 125816 125817 125818 125819 125820 125821 125822 125823 125824 125825 125826 125827 125828 125829 125830 125831 125832 125833 125834 AMOUNT 121.10 30.00 3,700.00 46.33 5,167.90 199.50 737.26 1,480.00 740.90 185.00 447.00 196.00 25.38 3,255.00 378.00 1,240.00 6,539.70 8,081.19 35.00 1,050.00 1,000.00 139.13 50.23 734.85 311.43 400.00 47.39 34.96 166.05 893.68 793.43 25.00 18,223.00 70.93 607.31 938.17 636.29 540.00 218.40 41.00 12,089.24 119.88 274.37 153.00 139.15 45.00 143.89 66 ;S FINANCIAL SYSTEM >/08/2008 12 iNK VENDOR iI~TK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 05/12/2007 COUNCIL LISTING SANITARY ENGINEERING LAB SCHINDLER ELEVATOR CORP SEVETT/COREY SHAMROCK GROUP-ACE ICE SINN/GREG SMITH MICRO TECHNOLOGIES STAR TRIBUNE STREICHER'S GUN'S INC/DO SUN PUBLICATION INC TERMINAL SUPPLY CO, INC TESSMAN CO THOMSON GALE TKDA, INC TRUGREEN CHEMLAWN UPSTART- DIVISION OF HIG USA MOBILITY WIRELESS IN VALLEY RICH COMPANY VERIZON WIRELESS VIKING ELECTRIC SUPPLY WALBRIDGE/DAVE WATER ENVIRONMENT FEDERA WW GRAINGER,INC ZARNOTH BRUSH WORKS, INC CHECK NUMBER AMOUNT 125835 920.00 125836 285.69 125837 1,100.00 125838 245.80 125839 28.32 125840 183.00 125841 984.00 125842 37.01 125843 483.95 125844 72.60 125845 811.57 125846 149.04 125847 1,090.92 125848 380.64 125849 78.36 125850 15.06 125851 5,200.00 125852 54.54 125853 37.89 125854 175.00 125855 152.00 125856 69.78 125857 595.55 657,821.33 *** 67 '_S FINANCIAL SYSTEM :/08/2008 12 sZ~TK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 05/12/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 657,821.33 RECORDS PRINTED - 000761 68 :S FINANCIAL SYSTEM 3/08/2008 12:42:26 Check History Ti~TD RECAP lND DESCRIPTION DISBURSEMENTS )1 GENERAL 29,843.92 )1 COMMUNITY DEVELOPMENT FUND 3,376.33 )3 PARKVIEW VILLA NORTH 9.00 .2 STATE AID MAINTENANCE 1,493.45 .3 PARKVIEW VILLA SOUTH 4.50 :0 LIBRARY 7,513.61 31 TWENTY-FIRST CENTURY PROGRAM 500.00 .5 SULL-SHORES:TX GO BONDS2008A 4,411.20 )5 DOWNTOWN MAINTENANCE 14,801.22 .5 CAPITAL IMPRVMT - PIR PROD 9,105.14 .7 PUB SAFETY BLDG CONSTRUCTION 14,363.25 :0 CAP IMPROVEMENT-DEVELOPMENT 17,867.74 .1 CAP EQUIP REPLACE-GENERAL 18,223.00 .6 CAPITAL EQUIP REPLACE-LIQUOR 120,714.40 )1 WATER UTILITY 11,739.68 )2 SEWER UTILITY 4,250.04 )3 REFUSE FUND 37.27 )4 STORM SEWER UTILITY 173.50 19 LIQUOR 196,761.19 32 SEWER CONSTRUCTION FUND 1,738.66 )1 CENTRAL GARAGE 9,240.65 0 DATA PROCESSING 18.00 !3 CONTRIBUTED PROJECTS-OTHER 2,035.65 !4 INSURANCE 1, 000.00 !5 PAYROLL FUND 188,400.43 !7 FLEX BENEFIT FUND 199.50 )TAL ALL FUNDS 657,821.33 INK RECAP: ~I~TK NAME DISBURSEMENTS ~i~TK CHECKING ACCOUNT 657,821.33 )TAL ALL BANKS 657,821.33 69 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: May 12, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Planner BY: Addition to Columbia Heights High DATE: May 7, 2008 School BACKGROUND: At this time, DeVetter Design Group is requesting a Conditional Use Permit for an expansion to the existing Columbia Heights High School located at 1400 - 49`~h Avenue. The building addition will include two full-size gymnasiums, two exercise rooms, men's and women's locker rooms and changing facilities, office space, storage rooms and mechanical rooms. It is intended that the building addition will be available for use by the School District students and staff, as well as the general public. The proposed exterior work will include landscaping and hadscaping, which is intended to create a community courtyard and gathering area. Site features and landscaping have been designed to maintain the current aesthetics of the site as it relates to the adjacent school facilities anal surrounding neighborhood. The site will also provide the necessary storm water management required by the City of Columbia Heights, Anoka County, and the Minnesota Pollution Control Agency. RECOMMENDATION: The Planning Commission approved the site plan for the proposed addition with a 4-1 vote at the May 6, 2008 Planning Commission meeting. The Planning Commission also recommended approval of the Conditional Use Permit with a 4-1 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-113, there being ample copies available to the public. Mave to adopt Resolution No. 2008-113, approving a Conditional Use Permit for an addition to Columbia Heights High School, located at 1400 - 49`'' Avenue, subject to the conditions outlined in Resolution No. 2008-113. Attachments: Resolution 2008-113; Y+G Memo; Location Map, Site flan, Building elevations COUNCIL ACTION: ~o RESOLUTION N0.2008-113 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLUMBIA HEIGHTS HIGH SCHOOL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0504) has been submitted by DeVetter Design Group to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49th Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (E)(3)(c), to allow the construction of an addition to the Columbia Heights High School located at 1400 - 49th Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 71 Resolution No. 2008-113 2 ~. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Columbia Heights and the Independent School District #13. Passed this 12`'' day of May 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0504 DATE: May 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: DeVetter Design Group LOCATION: 1400 - 49th Avenue REQUEST: Conditional Use Permit, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, DeVetter Design Group is requesting a Conditional Use Permit and Site Plan Approval for an expansion to the existing Columbia Heights High School located at 1400 - 49th Avenue. Per the attached written narrative, "the building addition will include two full-size gymnasiums, two exercise rooms, men's and women's locker rooms and changing facilities, office space, storage rooms and mechanical rooms. It is intended that the building addition will be available for use by both the School District students and staff, as well as the general public". The proposed exterior work will include landscaping and hardscaping, which is intended to create a community courtyard and gathering area. Site features and landscaping have been designed to maintain the current aesthetics of the site as it relates to the adjacent school facilities and surrounding neighborhood. The site will also provide the necessary storm water management required by the City of Columbia Heights, Anoka County, and the Minnesota Pollution Control Agency. Once completed, the project will provide state-of-the-art gymnasium and exercise facilities for use by both school students and the general public as well as create a community gathering place. It will also provide more opportunity for young people in the community to become involved in athletics and benefit from the organized gathering of their peers. COMPREHENSIVE PLAN The Comprehensive Plan designates the property as Single Family Residential. The proposed use is consistent with the types of uses allowed in all residentially zoned City of Columbia Heights Planning Commission May 6, 2008 CH Nigh School CUP, Site Plan Approval Case # 2008-0504 areas of the City. ZONING ORDINANCE The property located at 1400 - 49th Avenue NE is zoned R-1, Single Family Residental, as are the properties to the north and east. The properties to the west and south are zoned R-2, One and Two Family Residential. The Zoning Code at Section 9.109 (E)(3)(c} allows for school, public or private, K-12 as a Conditional Use. EUILDING CONSTRUCTION. The proposed construction will be an addition to pool area portion of the high school, which is located on the northern end of the campus. The proposed building materials used for the project will match the existing materials used on the remainder of the school building, while incorporating building materials that will complement the existing building and surrounding area. The building addition is forced to take a severe grade change into consideration, while making the area user- friendly and inviting to the general public. These elevation changes have imposed constraints on the overall design of the site, but the architects have been able to solve these problems by incorporating steps, landings, landscaping and a courtyard area. The property in which the high school is located abuts three public rights-of-way. By definition, 49th Avenue is considered a corner side yard for setback purposes. Given this definition, the setback for any building to the property line adjacent to 49th Avenue is 12 feet. The proposed plans indicate a building setback of 15' 10". PARKING. Senior high schools are required to provide 10 parking stalls, plus 1 parking stall for each 6 students that are enrolled. Currently, the Columbia Heights High School has 474 parking stalls on site. The high school also has 850 enrolled students, requiring a total of 152 parking stalls. It is anticipated that patrons to the newly constructed gyms will utilize the parking stalls located across 49th Avenue. LANDSCAPING. The proposed landscape plan indicates the installation of 9 trees, numerous shrubs and areas in which sod will be located. The landscaping will add to the overall aesthetic appeal of the project, and meets the requirements of City Code. STORMWATER MANAGEMENT. As previously stated, the site will provide the necessary storm water management required by the City of Columbia Heights, Anoka County and the Minnesota Pollution Control Agency. The majority of the storm water facilities is concentrated in the northwest corner of the site and consists of underground storm water retention units, which will not be visible to the general public. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact that must be met in order for the City to grant a conditional use permit. They are as follows: Page 2 74 City of Columbia Heights Planning Commission May 6, 2008 CH High School CUP, Site Plan Approval Case # 2008-0504 (a} The use is one of the conditional uses listed for the zoning district in which the property is (ocated, or is substantially similar use as determined by the Zoning Administrator. Schools, public or private, K-12 are specifically listed as a Conditional Uses in the R-1, Single Family Residential District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as Single Family Residential. An addition to an existing high school is consistent with the types of uses allowed in all residentially zoned areas of the City. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed addition will incorporate a gymnasium and workout facility, open to the general public. The addition is to an existing high school and meets all applicable setback provisions. For these reasons, the use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for the proposed addition would help ensure that the uses of properties in the immediate vicinity would not be dirninished in any capacity. (e) The use wil! be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The proposed building materials used for the project will match the existing materials used on the remainder of the school building, while incorporating building materials that will complement the existing building and surrounding area. The addition of a courtyard area will also enhance the aesthetic appeal of the area. (f) The use and property upon which the use is located are adequately seared by essential public facilities and services. The property located at 1400 - 49t"Avenue NE meets this criterion. Page 3 75 City of Columbia Heights Planning Commission May 6, 2008 CH High School CUP, Site Plan Approval Case # 2008-0504 (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. There will be no change to the current configuration of drive aisles or parking lot area. The High School has an over-abundant amount of parking, and will easily be able to accommodate the parking needs of the newly constructed addition. (h} The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Being that K-12 schools are allowed as Conditional Uses in the R-1, Single- Family Residential District„ it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulation for the R-1 zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, building density, and parking criteria pertaining to the Zoning Code. b} The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan designates the property as Single Family Residential. An addition to an existing high school is consistent with the types of uses allowed in all residentially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Page 4 76 City of Columbia Heights Planning Commission May 6, 2008 CH High School CUP, Site Plan Approval Case # 2008-0504 The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. RECOMMENDATION The proposed project will give the Columbia Heights Public Schools the opportunity to upgrade their existing athletic facilities by adding another gymnasium and workout room. The City of Columbia Heights will benefit by acquiring a gymnasium and workout room available to the general public. The proposal is consistent with the minimum requirements for a school in the R-1 zoning district. For this reason, Staff recommends approval of the project. Motions: Move to waive the reading of Resolution No. 2008-PZ08, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ08, being a resolution approving a site plan for an addition to the Columbia Heights High School located at 1400 - 49t" Avenue. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for an addition to the Columbia Heights High School, located at 1400 - 49t" 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. To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Columbia Heights and the Independent School District #13. ATTACHMENTS ^ Draft Resolutions ^ Location Map ^ Site Plan ^ Building Elevations Page 5 ~~ ~) 15 7`. (ai 15 21 1242 17.27 217 1227 743 9 !1 1.147 348 ,~ ~ 1149 © 375 ka '1~ ~s 1316 ry 111 1:135 ~ '1737 J ~. Oo S;a1 1726 O 1332 Il) ~~$~i~Ii~ Q(r 44 ~ ,~, w'i a~I~~-~s~r~ sr ~~~ 0 M ` ~ ~'~ ._, ~ "" ..,.,,._„_. '142!} i NOM •# (~ Ir ~ A ia~ .i v ; U• ~- !~ ~ ,• ~ 1021 idea 145& 74 as n ~:~ . 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Gm~urn !curt .Nlo- a,r Imc >LL rano let til 9M•IICO aA EI 71FOJA tANWsN Andarsun~Johnson Associates, lnc. 5i5 takes 4AEC7 nad AhNe kM Nlam+~ialn, p,f Ni7r: t~l i&] iAA->IA RNw la +#e M'mim \~ =~ ..__ ~~ ap~~ Rq>IIb' 41.Id a,.ntr pip Y~+w xop m ~, 17~x~ryrxn,nn&msrm __aAk kxmmmw dM~ee,ror nwo-+NO~ vemlNnur ~ARVmxeez.N.,xre 9lydYnsW ~N71~ ,tan ~>~ COLfJI~[3IA HEIGHTS GYMN~1SIfJlf Allllf7'fUN Ia0117IN NIC Y,$, fdWati NILNNi. bAA7IDfN 331P1 MIIMN AEFERENGE PLAN ;~ i GflWNO AOOgPWp~OVEMLL ~~ 4Hp' ~ 1'•0• 79 DE51GN DEVELOPMENT DOCUMENTS - NOT FOfd CONSTRUCTION A141 DEVET7'GR DIsS[GN GROCP rao ar Gu. a a. ym Ynwapelp us;&1al 4r ne en•vua Ir, s1: ax-mar SMUYg1w A,M, SfrucluraE Encp'neering 112 Ao/!+. 54ttt were rase, n 7{oY 4L 116 17ay41a w1+Jalcgwr Ira? aoomua Gart NW Bnr Urr, 11K 6SI10 47. Gil NI•INO !u A 1118-7119 09 Frg4er Anderson-Johnson Associates, H1c. rt W4n velhr aeW Sole :qa tel. A7 711.212] RdfYw b On Orman Pcpfb~ pall onrk Xr41 o tNh 8011 u.rgm9ra[mnnmxsaul v PMTClddarof%ttdu+IC Iiaa1. ~ .wlnt~,drc smuurwae sV'u lMUlb. eµPra coLUU>3I~ IIrIGIITS GY1dNASIU~4 ADDITION Ilm 19}A F54 ~E r9nnsu Arxnx YLW ISWA:dIYI S~Ilre EXTERIOR ELEVATIONS so DESIGN DEVELOPMENT DOCUMENTS • NOT FOR CONSTRUCTEON A3O1 c ~~~a ~ ~~ ~ x~~R s sg ~ ~~ ~e~~ ~~ ~~~ g ~£~ ~•~€~~ ~~ a ~s ~~~Q~ ~~~ ~ ~ _~ ~ ~~ ~ ~ ~~ 8~~=~ ~~~ ~~ . ~~ ~~ ~~ x~ ~ RQ R 3 ~ ~ ~ a ~~ R U;®~O~enOOaA•P ~~ ~, ~ ; rnw aw us ~r ar ~w ileeAr r ~~FK ,dS10W ~~~ ~~ TOPOGRAFNIC SURVEY OFt COLUMBIA HEIGHTS HIGH SCli00L I SCHOOL DISTRICT X13 COLt11~181A FiE1GFfirS, YINNE~OTA ,ak.. aAw ~.: w sw. mancnow ae +uv~~ +w var~wm tr r[ at awt Mr ~~~~~ at saa v r.[~ot ww R 4smaoiw. ~ x ue w. »no ac F~ ~~ Ml 0044! 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" % ~ I!,'~ I ~ ~ } W""K:r+ E-K .., ~ ~ ~ . i i P E.' ~ # ~ .zoo neon l ~ " ~ armA 9 er' ' ~ i ! J pfMd! ! ASYCa NW.l ~ ~~ ~ ~~ ` ~ I ' ! ~ ~_ _~~~~^..~...... 61WCMR 0TM 0.(n%~!~ ~ ~ ~ ~ ' ~,. ~..,.~ ~~ s~ ~ 1 rr ~nA moo",,, fA e ,~, e ~ 4 1 3 , ~'_., i a ' ~ ~`~`! ~ ••waemw. I - ~ (y, ~ J ,~~•. .rnnsa~jr r ~ ~. , ~~ ! ~ Awuannnm ~'! ~ ~ IEUIOCAI~~ Fl l ,, I ~ unAnannx0rry-~l\; ;I ~ 17 `'~T {I j ,I l I rapFp]mfrcF-\ \ aFJIOYlDltdt~ 1,yi ~ _ + xr>I' ~ N ~ ~r ~'~' , / ~rF. ~ r ..t.fN r-.o-Jlu KnP s,l ~~', ~fl.. I tA9MI SL f ~r i t I F \\\`pf{, r ~ ! ~rf , u.u a ax •.~`~'f~~ 7U,,..: ' ameA _ ......~,. ~ .. ' ' I uraN I, ImlFpunmammwnam ~~ ~ ~ IuaurwwiA' ...., ~' II •~~.NYrnAra i r° pgmw¢1aA' L~ i i I l 4;% 1 i ~ ~ ,. 1 ~! I ~' w,~ M,.xn. ' I ~ 8i.• INAirtAi ~P,f" ii4-~~.~ i S) /1 R£M4VAL5 PLAN cs.t c7. _ a '~i~; %r; E ~ ~ .;s~~ii ~,~~.~ri,~ ~~ auaempwom, MPamu -at w.>.w.~.r ux,. vi m1G4R4RMW w 1 e7J n j ~ ~; ~ i ' as .'; ~ .l i t ~ .,tea ~.. __~ .~..__~ ..' ~ '~ - .._ _. T /""~ Y x ;t IAOMIFa6aWM - ~ 'i J V Aomw ~ D ~r e J . I ' ~ ' ` ;~ r n ( E? ~ ; i E [~, [y ~ waT mme~ i r ~ ~ ~ ~ u*a ~ 1 C85 ~ 3 13 y ~~ ~ ,L CEa * / ~ ;: ~: ~ enrA r] cm axmM ~ ~ , ~~, w r~' ~ ~ I :> I //i r ~ . tt Czl } C S ~ f~ 1 ® I i! / . / I l i , ~~ i ~ 1 t ~ C2.1 ~ fi E i I t t i ? ~ ~ i i r4. ~ FINISHING PLAN c~a - 83 ~^ s e REMOVALS NOTES; 1. DalmsmDASwuLwuwms>aluraAxcEroarreNmPNOrFCrwamO tlmETAiwH AND BITE FFAmipp gUpFB, WALKE, PAYF4PHF8, DYEPEEdD AND urwe aoAOUNS uram Ee, sloxwq FFxdxD. koADWArs, DaawPNe Pr]la Ax0 pratES, Eral wxcx APE 7 o aEaLIaL 8 PFPNflpflnEPIACEEa]{nla PflOFEATrANDEiIEFPANAEa, FIgI181N0 pRW AND amEiA71014 wECx Is ro pEJIA1x nor rs axADm ar IxE WDRK la MNpk6 8An]f/L'nDtl AND AT MD ApDlnpf48 C W T m IHE ORMEk a +rmrroESnnPPnkroawwrn;sEFAaLUavnmADnwcoxmLQVSix INEPwIp. n1IRACDYKNEA7t0X4nLLNOrnEALLOWEDEORCaNpnpNa Wwpl DDwD PAVE paEN pannueAm ortAxrxpaFEp ar acwxAnDrra THE srcE, rNECpxlw~DrawwamEAxp TMSpmaAUnaxavNlASLE vEmulaxomEAUnxpscae, ummFSAxoD7xmanE cIUNADESre]rwe. G nFFARiabXFETCIt,pRADpDMAY,PoADFNEAALIgie6. e PAYF11aNi8AWgfrplUllaEYMEUpwagiELTPPog1T0PLACWIE!lTDf PRDPDaED ai119MDIFa xAnpw. REM4VALSLEGEND S-M-X-x-X-qMe DaAWY/L7 ""~~~~ 6AWWTPAYFIIEM ~-K-K- ununAeaovAu ® aiNWHDUBPAaEIEAf AExDYUB CDXCAA7RPPWa'AIE ® ntEBPEAlprAA6 +~.w.w WDDPPWImflAEIgVAIa FINISHING NDTES: 7. CNECKU4 PIAHNroperAnmLmNpppaulavEpEYSaLEtpEFaEE Pam um0r. 8 ALLMpaEN.Pp6FxSlDN]dRE70 FACE DPCp~dlPADE DF ftBTARa N6 WALL CNtEm DnIERNmE Wpf m 8 ON:NRpEalWLnENFkRLAYeEWe7AAEE0 fIIfICN4apFAENOn~pNX OFCUP]Op9ACKgfWAIN. K. NEFEx7oaNmra].aaAaNOPIAN,FaaeEnEauwTEa. 6 ALLPNNT]1AIwnp6NILLEEI'NIDEpNLEFl NDIFDOINPJnnBG SIGNAGE KEY NOTES; GA eTOPawN OE ND PAtlplp/FWEIANE FINISHING LEGEND 8 nEiEAFNCEkEt'TDSIFEeEfNta DEYNtw•EaLeFAtraPl nptNL eHFETINIM~A/(:0~]iTWQ ~A eIDHttPEDEpgN9Wtllz-7 PRpPpBnDIBAYYDU]YtlnWpW]PAVEAIF1tT~ ~C~,' PRDPDEFACDNCPEYEYaali~ I~ PRDPnEEDC0N4PoifEWRkN1MEAP0]EDAADPEDOPEBpRFALE e 5 PAClO]E117flNpprANiAGLaN1N u'~ BFDDP RpISnmAACreIEDnwunany a cmwFll•PAYEE7a AADwFEDltwur8lnucivPAL _~~ o o a p o '' z >zzg ~dza' ~ ~ ~~~~ge & Esg ~'9 og s 88 Sid€n3° tsag-~ aF ~~a cd.~ kA ~~ U~ ~~ o ' ~~ oti~ ~~~ P,~a ~~ s rr 8 U ~s 3~ xo ~~$ ~~ ~'za W~ ~~~ 3~ ~<~ 3~ ~8 0 N H ^- CITYSUBMITTAL Oe ~~~ NOT FOR CONSTRUCTION - N l.EGENo RFFERERCEREY iIlNI£D£TA]s e 1 DE[ARIO NUMHEIt11Oq -0BRL TNEET NONRER 18011011) ---~49Y-4 NABIWGCONIW$ XIEfNt R891W09POTEL4YATION -m- PROp09E0COMOMI (~ PROP09ED1POif1EVA0uf • PStOPO6E0CATCXBA9olICBt . 0 PROPOlEOMANNOLl PIII Q PXOPOS9p0UltEl'CONTROLBSAUCMIEIDC81 --~~ PR]P09EOSTpdIBMER -"'!- PAOp06TE0NNRAR'fbFWER -I-~ x PROroBPO WAilRMNN rynH } PROP06EOOA/EYALMEIOY) PROPOSEONYMiAMTFi00) 2~`lS~ ROCKCOXBTRUCiXINPMNGXCC QI ...____ HLtFTRCE ® EPAMOYC9NiR0LBUNtlp!T O ERDSIONIaY pOR a coiwx•RBFIn 53ARUUreclpaL/blRUCruPn EXCERPT FROM THE SWPPP NARRATIVE Y4f wY,n, N R. nl]Nneaatlp.p,Nap„.„YPptlYN,Na,ama,55laoaD~ Ynµ3a++Ml 9nWR51 µlYwmvlkpk NlpaN! Or PdtmpYFwNWne1~N NmartrpYndbFIk HBT[PPOMtl+eFW tluuNlaffilrnYYaPNgpmNYYYX MICA, µWddga~vuXf beWnYMeNRTPPUmpnldwpLYMYuaONMtr]ed OP NXmupeXYNbkNwEYkgN 6RRtPartkR56eF1F hNlba PkJeNwnaylk6W'MPbtOe onhdNmalJWM.In W. c..~r.,..a~Yl.o A Gala0adpeM1abaWEeWphk 1. WAm L Wum~6laa+vcWaYlm i Wshvevamnea t YYM 4 PvapwtN~ 6 t~mfy A SdICI L la~vy/paeaey~ r, oWaa.u.NahalrereuPJlAa nwNAta•I.bJawAdWd40Y.aE'Bd a.w.v,a~.~armla pls~ & P ri0uvW4af6TLrHItlFIfWChwwibUbadlndMmur f. Wxa6^4YahenmWP{salvuaWW+,'Yamaalemuwnvaww 9, 6^IaYMaawab CWVtpa•Yp I. LRAndtlkhatlHAf®e~M p. ~,.,YS.+~Wa.mbwudm,.npaWyaHNw,a..efaH.a.m,.u NPaMhlpaldu W m^ow,uaun W 5e6a c xmalmdm.Wa..~wA,mYY.Wal~aelhia.~ua.uMdNabd w~P i. ~~~DY~.ab~,.a..o.m.~..~e~a..,a.nw« 1. YXYYmW,daYea,kA,aa L naaatlamaa.Ww,Rad~amaxa. 4 PhieWwwmhcn14wnuwma^.ww.a~aaiaaPWUrh. a1NawNaFd,aN,e9MAm1 i c`wa..d ~ de.wYYwbwaY..+>af N+v«aw AaWP>~+avaewipnimw,aLMhvdmaawtp 5. XwMF.t tmadW 0. AaN,rarvhaammadYinh1853"laa S4wWwlamsudbpmL Y. 4smvuW kbMPwY,iae.rih®aabRne 1, aKnY+eevml~WmdmMwkaYtlxMmaM TaWNPelamSYpdb fmN,np'a~mvNuioira W rW,lkW pga~s L atlMimubau • WaeWeegmAiiwamhfsbW JUkifWbdYY•Ineb¢Ihn ercYMkYhvw4ablwalPapaamvnW rwA~pn W A+me 5. Ii1ewLrw~WmWAKeahwinvYa4M W awmMlMna.Ykeol a.A. a a9NYYda..^ naf wn;wh Nk. e Yedumubew,eyyYbiupMatlry161Hdnx0.TM~WMbmw • YgWanplmradknwma'N'~ndtlmvwAtlbx . nm.~.r'*e.nsm.,.a„mWromwPm.a,aWa~a.aa~ Y+Ilki.atl.AANiandbhq. l hwupwryNawabahYaulabin"aII WOl tiLa,IwrWY4lwtboy agagMm).kPb4A,d,~PYmbu 1 Llasd~dww0af4'Ihwbblb•:imNJfTefmxmsm,arbbeu~ 4 aga0ail•whilp i Idla).I•wbll A)+ a 5knfrl>1•.ubndn c Iwn~~wvkx.uw,mmtis.^4weswckYtWa~aa aNauTh+y W.naN+..ubdaf.~asyamun x. 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Iuas184Aa088® O PRf1PiaPffYfa a?m16YM.Afa3t fa1PfCWC.ifGNiigIHRTlP! 0 0 V =0 ~~3 t' ~ b S ~ h~ $t =4 r~ 4~ sE; a~ ~~~ U 0 N a CITY SUBMITTAL ~ NOT FOR CONSTRUCTION ~ Q CONIFEROUS TREE L,., CITY COUNCIL LETTER Meetin of: Ma 12, 2008 AGENDA SECTION: NO: ORIGINATING DEPT.: Community Development CITY MANAGER APPROVAL ITEM: Adopt Ordinance No. 1546, Establishing BY: Scott Clark BY: an Emergency Moratorium on the Issuance DATE: May 6, 2008 of Residential Rental Occupancy Licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006 Back~round• On May 5, 2008 staff discussed a resolution with the Council and was directed to place this item on the agenda as an emergency ordinance. At this time, the City has two strong housing trends, an increase of 156 rental licenses in athree-year period of time and a significant number of foreclosures (277 in a fifteen month period starting on January 1, 2007) that could have significant impact on current and future neighborhoods. The purpose of the moratorium will be to give staff time to prepare various planning housing studies to analyze the impact of these aforementioned housing factors. After theses studies are completed, staff would prepare recommendations for dealing with potential housing issues from either a regulatory or programmatic standpoint. Staff has presented a series of maps to the Council that illustrates the known existing conditions. The City Attorney has reviewed the ability of the City to impose this type of moratorium and has also opined that if the Council wants to implement an action immediately, an emergency ordinance could be acted on per City Charter. Recommendation: Staff recommends Adoption of Emergency Ordinance No. 1546. Recommended Motion: Move to waive the reading of Ordinance No. 1546, there being an ample amount of copies available to the public. Move to Adopt Emergency Ordinance No. 1546, an Ordinance establishing an Emergency Moratorium on the Issuance of Residential Rental Occupancy Licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. COUNCIL ACTION: 89 ORDINANCE NO. 1546 AN ORDINANCE ESTABLISHING AN EMERGENCY MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LICENSES, PER CITY ORDINANCE SECTION SA.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006 Whereas, Mn. State Statute 462.355, Adopt, Amend Comprehensive Plan; Interim Ordinance, Subd. 4 authorizes a City to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the City while the City or its planning department is conducting studies, or has authorized a study to be done, and Whereas, the City of Columbia Heights is desirous of using this legislation to temporarily suspend the issuance of new occupancy licenses, per City Ordinance SA.401, on properties not previously licensed since January 1, 2006 City, and Whereas, the City of Columbia Heights has seen a marked increase of 156 additional properties licensed for rental within the past three years; specifically-618 licenses in 2005, 722 licenses in 2006 and 7741icenses in 2007, and Whereas, neighborhoods are experiencing additional marketing difficulties as shown by the City's significant foreclosure properties (estimated to be 277 properties at the time of passage of this Ordinance with an estimated minimum total of 300 properties for years 2007 and 2008), as illustrated on a map dated May 5, 2008 and held at the Community Development Department as reference, and Whereas, the City of Columbia Heights has concerns with increasing rental property demands and the ability of these rentals to potentially have long range effects on selected neighborhoods if not properly controlled. The sharp increase of rental properties may create greater crime and property code compliance issues, decreasing property market values and destabilizing general community health, and Whereas, the City can reasonably expect that the demand for more rental housing licenses will increase due to the number of city-wide foreclosures, which is estimated to be at a minimum 375 units for the years of 2007 and 2008 collectively, and Whereas, the City needs time to properly plan, analyze and potentially implement new ordinances, programs or strategic policies, and Whereas, the analysis to be undertaken will include: 1) Development of a community health inventory (which will consist of compiling data of crime, rental rates, reinvestment through building permits, sales, housing values, code enforcement issues, etc.) in order to determine specific neighborhood issues 2) Determination of the impact of the City's recently adopted and modified International Property Maintenance Code 90 3) Determination of the need for a Residential Inspection before Sale Program 4) Determination of the effects of the foreclosure market on the City's rental and single family housing environment 5) Completion of the City's statutorily required Comprehensive Plan, 6) Development of a Master Work Plan to deal with identified issues, and Whereas, the City Council for the City of Columbia Heights has determined that a suspension of new occupancy licenses is critical to preserve and maintain the health of its neighborhoods, Now Therefore Be It Resolved, that the City Council of the City of Columbia Heights ordains: 1) For a period of six months from the date of approval of this Ordinance, no occupancy license, as required by City under city Code SA.401 will be issued for a property that has not previously been licensed by the City since January 1, 2006 2) This Ordinance shall be effective upon passage. Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 91 CITY COUNCIL LETTER Meeting of: May 12, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-114, Development BY: Scott Clark BY: Agreement and Disbursement Agreement for DATE: May 7, 2008 Sullivan Shores Housing Improvement Area Pro' ect Baek~round: Attached are two documents: The first is the Development Agreement between the City and Sullivan Shores Townhouse Association memorializing how the general obligation band proceeds will be disbursed and accounted for, construction schedule and minimum improvement obligations and the Association's obligation as a first source of payment if any bond shortages occur. The second document is a Disbursing Agreement detailing how bond proceeds will be paid to the contractor. The City will be using a third party disbursing agent who will not only be issuing the payments, but insuring that prior to any issuance that lien documents, construction statements, etc. will be properly administered. It is assumed at this time that Sullivan Shores' remediation contractor will be starting work in May with the understanding that bond proceeds from the City will not be available until mid-July. Recommendation: Staff recommends Adoption of Resolution 2008-114 a Resolution approving of both the subject Development Agreement and Disbursement Agreement. Recommended Motion: 1`.~Iove to waive the reading of Resolution 2008-114, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-114, a Resolution Approving the Development Agreement and Disbursement Agreement between. the City of Columbia Heights, Minnesota and Sullivan Shores Townhouse Association, Inc., dated May 12, 2008; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Note: The resolution will be handed out at the meeting. COUNCIL ACTION: 92 Second Draft, March , 2008 DEVELOPMENT AGREEMENT Between CITY OF COLUMBIA HEIGHTS, MINNESOTA and SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. Dated as of , 2008 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: 337-9300 93 TABLE OF CONTENTS PREAMBLE ................................................................................................................ ARTICLE I Definitions Section 1.1. Definitions .............................................................................. Section 2.1. Section 2.2. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Page ................ 1 .............. 2 ARTICLE H Representations and Warranties Representations by the City ............................................................................ 5 Representations and Warranties by the Association ...................................... 5 ARTICLE III Issuance of Bonds: Disbursement of Proceeds Issuance of Bonds ............................................................................................ 7 Deposit of Funds by Association ..................................................................... 7 Application of Project Fund Balance .............................................................. 8 Application of Fee Revenues of Fund Balance .............................................. 8 Special Reserve Fund ....................................................................................... 9 ARTICLE IV Construction of Housing Improvements Construction of Housing Improvements ........................................................ 10 Construction Plans .......................................................................................... 10 Commencement and Completion of Construction ........................................ 11 Certificate of Completion ............................................................................... I 1 ARTICLE V Insurance Section 5.1. Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Insurance .......................................................................................................... 13 ARTICLE VI Special Covenants No Warranty of Condition or Suitability, Indemnification ........................... 15 Financial Statements ....................................................................................... 15 Financial Plan; Annual Reports .......................................................................16 Records and Inspection ....................................................................................16 Maintenance of Properly ..................................................................................16 Covenant to Maintain Net Revenues Available for Debt Service .................16 i 94 Section 6.7. Assignment of Association Assets ................................................................. 17 Section 6.8. Association to Maintain its Existence; Conditions Under Which Exceptions Permitted ........................................................................... 18 Section 6.9. Prohibition Against Assignment of Agreement .............................................. 18 Section 6.10. Notice of Fee Upon Transfer of Housing Units ............................................. 18 Section 6.11. Experienced Properly Manager ....................................................................... 18 ARTICLE VII Events of Default Section 7.1. Section 7.2. Section 7.3. Section 7.4. Events of Default Defined .............................................................................. 19 Remedies on Default ....................................................................................... 19 No Remedy Exclusive ................................................................................... 19 No Additional Waiver Implied by One Waiver ..............................................19 ARTICLE VIII Additional Provisions Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. SIGNATURES SCHEDULE A SCHEDULE B Conflict of Interests; City Representatives Not Individually Liable .......................................................................................... 20 Equal Employment Opportunity .................................................................... 20 Provisions Not Merged With Deed ................................................................ 20 Titles of Articles and Sections ........................................................................ 20 Notices and Demands ..................................................................................... 20 Counterparts .................................................................................................... 20 Recording ........................................................................................................ 20 Binding Effect ..................................................................................................21 Amendment ...................................................................................................... 21 ............................... 22 Description of property Housing Improvements n 95 DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2008, by and between the CITS~ OF COLUMBIA HEIGHTS, a Minnesota municipal. corporation (the "City"} and SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC., a Minnesota nonprofit corporation (the "Association"). WITNESSETH: WHEREAS, the City is authorized under Minnesota Statutes, Section 428A.11 to 428.21 (the "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; and WHEREAS, by Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") in order to facilitate certain improvements to property known as the Sullivan Shores Townhouses, which property is legally described in Schedule A hereto and is hereafter referred to as the "Property;" and WHEREAS, by Resolution No. adopted March 24, 2008 (the "Fee Resolution") the City Council imposed a housing improvement fee on Housing Units (as hereinafter defined) in the Housing Improvement Area in order to finance the Housing Improvements (as hereinafter defined) in that area; and WHEREAS, the Act authorizes the City to issue bonds in the amount necessary to defray the expense to be incurred in making the Housing Improvements, which bonds are payable primarily from proceeds of the fee imposed under the Fee Resolution and may be further secured by the pledge of the City°s full faith, credit and taxing power; and WHEREAS, prior to adoption of the Fee Resolution by the City Council, the Association submitted to the City a financial plan in accordance with the Act that provides for the Association to finance maintenance and operation of the common elements in the Sullivan Shores Townhouses and a long-range plan to conduct and finance capital improvements therein; and WHEREAS, the City believes that development of the improvements to the Properly pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and 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 Housing Improvement Area has been undertaken. NOW, THEREFORE, in consideration of the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1 96 ARTICLE I Definitions Section L 1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 428A.11 to 428A.21, as amended. "Annual Debt Service" means the amount of principal, interest and redemption premium, if any, payable on the Bonds on any August 1 and the next succeeding February 1. "Architect" means the architect and construction managers selected by the Association to prepare or cause to be prepared the Construction Plans for the Housing Improvements. "Architect's Contract" means the agreement by and between the Association and the Architect pertaining to preparation of the Construction Plans and supervision of construction. "Association" means Sullivan Shores Townhouses Association, Inc. or its permitted successors and assigns. "Association's Authorized Representative" means designated by written notice from the Association to the City. or any successor "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Bands" means the general obligation bonds or obligations issued by the City under Section 3.1 hereof to finance the Housing Improvements pursuant to the Act, and any bonds or obligations issued to refund any Bonds. °'Bond Resolution" means the resolution to be approved by the Council awarding the sale and establishing the terms of the Bonds. "City" means the City of Columbia Heights, Minnesota. "City Building Official" means Chief Building Inspector, or the City staff person designated by the Chief Building Inspector, "Certificate of Completion" means the certification provided to the Association, pursuant to Section 4.4 of this Agreement. "Certificate of Issuance" has the meaning provided in Section 3.1. "Completion Date" means the date of actual completion of the Housing Improvements as certified by the City Building Official pursuant to Section 4.4 hereof. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Association on the Property which shall be as detailed 2 97 as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. PFContractOT" means any person, including subcontractors, who shall be engaged to work on, or to furnish materials and supplies for the Housing Improvements. "Council" means the City Council of the City. "County" means the County of Anoka, Minnesota. "Debt Service Fund" has the meaning provided in Section 3.1. "Disbursing Agreement" means the Disbursing Agreement between the City, the Disbursing Agent and the Developer dated as of , 2008. "Enabling Ordinance" means Ordinance No. 1539 adopted by the Council on March 24, 2008, which establishes the Housing Improvement Area. "Event of Default" means an action by the Association listed in Article VII of this Agreement. "Fee" means the housing improvement fee in connection with the Housing Improvements imposed on all Housing Units in the Housing Improvement Area pursuant to the Fee Resolution. "Fee Resolution" means Resolution No. ,adopted by the Council on March 24, 2008, which imposes the Fee. "Fee Revenues" means all proceeds of the Fee payable to the City. "Financial Advisor" means Ehlers & Associates, Inc. or any successor Independent financial advisory firm retained by the City. "Financial Plan" means the [insert name of plan], dated , 2008 submitted to the City, as amended annually pursuant to Section 6.3 hereof "Fiscal Year" means any year commencing January 1 and ending December 31. "Housing Improvement Area" means the real property located within Sullivan Shores Housing Improvement Area. "Housing Unit" means real property and improvements thereon within the Housing Improvement Area, consisting of aone-dwelling unit, or an apartment as described in Minnesota Statutes, Chapter 515 or S 15A, that is occupied by a person or persons for use as a residence. "Independent", when used with reference to an attorney, engineer, architect, certified public accountant, or other professional person, means a person who (i) is in fact independent, (ii) does not have any material financial interest in the Association or the transaction to which his or her certificate or opinion relates (other than the payment to be received for professional services rendered), and (iii) is not connected with the City or the Association as an officer, director or employee. 3 98 "Inspecting Architect" means the Architect. "Management Consultant" means a person or entity, experienced in the study and management of condominium housing and having a favorable reputation throughout the United States or the State of Minnesota for skill and experience in such work and, unless otherwise specified herein, retained or employed by the Association and acceptable to the City whose acceptance shall not be unreasonably withheld. "Maturity Date" means the date the Bonds have been fully paid, defeased or redeemed in accordance with their terms. "Net Revenues Available for Debt Service" means, as of the date of calculation, the balance in the Debt Service Fund and any other fund into which Fee Revenues have been deposited as of the date of calculation, less the amount of fees, as estimated by the City's Financial Advisor, that are anticipated to be payable by the City in connection with the Bonds on or before the next Payment Date to the City's Financial Advisor, the registrar for the Bonds, and the paying agent for the Bonds. "Payment Date" means any date on which the principal, interest and redemption premium, if any, is due and payable on the Bonds. "Housing Improvements" means the Housing Improvements to the Property as set forth in Schedule B hereof. "Project Fund" means the Project Fund to be created by the Bond Resolution. "Property" means the real properly described in Schedule A of this Agreement. "Special Reserve Fund" has the meaning set forth in Section 3.5 hereof. "Surplus Fund" has the meaning provided in Section 3.1 hereof "State" means the State of Minnesota. "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 strikes, other labor troubles, fire or other casualty to the Housing 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 governmental unit (other than the City in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Association's obtaining of permits or governmental approvals necessary to enable construction of the Housing Improvements by the dates such construction is required under Section 4.3 of this Agreement. 4 99 ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertakings on its part herein contained: (a) The City is a municipal corporation under the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b} The undertaking of the Housing Improvements and the issuance by the City of the Bonds are authorized by the Act. (c) On Monday, March 10, 2008, after receipt of petitions by owners of at least 25 percent of the Housing Units in the Housing Improvement Area and due publication and mailing of notice of hearing, the Council held a public hearing on the adoption of the Enabling Ordinance and approved a first reading thereof. (d) On Monday, March 24, 2008, after receipt of petitions by owners of at least 25 percent of the Housing Units in the Housing Improvement Area and due publication and mailing of notice of hearing, the Council held a public hearing on the adoption of the Fee Resolution and adopted the Fee Resolution and the second reading of the Enabling Ordinance. (e) The periods for veto of both the Enabling Ordinance amendment and the Fee Resolution have expired without objection by owners of at least 35 percent of the Housing Units in the Housing Improvement Area, ail in accordance with the Act. (f) To finance costs of the Housing Improvements, the City proposes to issue the Bonds as provided in the Act, and to disburse the proceeds thereof to the Association pursuant to this Agreement. The City will initially issue Bonds in the aggregate principal amount as described in Section 3.1 hereof and the Bonds shall be in the form and shall be subject to the terms and provisions set forth in the Bond Resolution aild the terms of this Agreement. (g) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Housing Improvements or to the Bonds or questioning the powers or authority of the City under the Act, or questioning the corporate existence or boundaries of the City or the title of any of the present officers of the City to their respective offices. {h) The execution, delivery and performance of this Agreement do not violate any agreement or any court order or judgment in any litigation to which the City is a party or by which it is bound. Section 2.2. Representations and Warranties by the Association. The Association. represents and warrants that: (a) The Association is a nonprofit corporation, duly organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its articles of incorporation, bylaws 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 board of directors. 5 100 (b} The Association will construct, operate and maintain the Housing Improvements in accordance with the terms of this Agreement, the Financial Plan, anal all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations, the City stormwater management plan and watershed district requirements}. (c} The Housing Improvements constitute a permitted use under any applicable zoning laws. (d) The Association has received no notice or communication from any local, state or federal official that the activities of the Association or the City in the Housing Improvement Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the City is aware}. The Association 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. (e) The Association will construct the Housing Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (f} The Association will obtain, in 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 Housing Improvements may be lawfully constructed. (g) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terns and conditions of this Agreement is prevented, limited by or 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 Association is now a party or by which it is bound, or constitutes a default under any of the foregoing. (h) Whenever any Event of Default occurs and if the City 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 Association under this Agreement, the Association agrees that it shall, within ten. days of written demand by the City pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. 6 101 ARTICLE III Issuance of Bonds; Disbursement of Proceeds Section 3.1. Issuance of Bonds. (a) In order to provide funds to defray the costs of the Housing Improvements, the City will issue Bonds pursuant to the Act that are secured by the Fee Revenues and furrther secured by the City's full faith and credit. The City will issue the Bonds in the principal amount that will produce, together with prepaid Fee Revenues, funds for deposit in the Project Fund in the amount of $ (the "Net Project Amount"), and funds for deposit in a Special Reserve Fund in the amount of $50,000. The Net Project Amount may be such lesser amount mutually agreed by the Association and the City in the event the cost of Housing Improvements and the total Fee is reduced in accordance with the Fee Resolution. The Bond Resolution will establish a Project Fund, a Debt Service Fund, a Special Reserve Fund, a Certificate of Issuance Fund and a Surplus Fund. At closing on issuance of the Bonds, proceeds will be applied as follows: into the Debt Service Fund will be deposited capitalized interest through February 1, 2009 together with accrued interest on the Bonds; into the Certificate of Issuance Fund will be deposited amounts necessary to pay costs of issuance; into the Special Reserve Fund will be deposited the amount specified in Section 3.5 hereof; and into the Project Fund will be deposited the balance of proceeds of the Bonds together with all prepaid Fee Revenues. Moneys in the Project Fund will be disbursed from time to time to pay the costs of Housing Improvements in accordance with the Disbursing Agreement. None of the funds in the Project Fund shall be used for any purposes other than payment or reimbursement of such costs of Housing Improvements. The City will issue the Bonds by 2008, subject to Unavoidable Delays and the City's ability to issue the Bonds under existing laws and market conditions. (b) Under the Bond Resolution, all Fee Revenues in excess of the amount necessary to pay when due the principal, interest and redemption premium, if any, on the Bonds will be deposited in the Surplus Fund established under the Band Resolution and maintained by the City until the Maturity Date. Subject to the prior pledge of Fee Revenues to payment of principal and interest on the Bonds, the City may at its sole discretion apply funds in the Surplus Fund: (i} to pay registrar and paying agent fees, if any, in connection with the Bonds; (ii) to pay other administrative costs in connection with the Bonds or the Housing Improvement Area; (iii) to pay costs in connection with enforcement by the City of the Association's obligations under this Agreement (provided that any such payment is subject to reimbursement by the Association pursuant to Section 2.2(h) hereof, and nothing in this Section 3.1(b) shall be construed to require the City to pay costs of enforcement in the first instance as provided herein); and (iv) in accordance with Section 3.4 hereof. (c) The City and Association agree, and the Bond Resolution shall so provide, that interest ean~ings on funds in the Debt Service Fund and the Project Fund will be credited to the respective fund from which the interest was derived. Interest earnings on all other funds and accounts will be credited to the Surplus Fund described in Section 3.1(b). Section 3.2. Deposit of Funds by Association. If the City shall at any time in good faith determine that the amount of funds then on deposit in the Project Fund, together with expected earnings thereon, is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in coru~ection with the completion of the Housing Improvements and shall thereupon send written notice thereof to the Association specifying the additional amount 7 X02 required to be deposited by the Association to provide sufficient funds to complete the Housing Improvements, the Association agrees that it will, within ten (10) calendar days of receipt of any such notice, deposit with the City the amount of funds specified in the notice and shall authorize the City to disburse such funds prior to disbursement of any additional proceeds of the Bonds. Section 3.3. Application of Project Fund Balance. Any amounts remaining in the Project Fund upon completion of the Housing Improvements shall be applied in accordance with Section 3.4 hereof. Section 3.4. Application of Fee Revenues or Fund Balance. In the event that, (a) any balance remains in the Project Fund upon the final disbursement therefrom for costs of the Housing Improvements; or (b) at any time before the Maturity Date the City has available to it Fee Revenues (excluding the proceeds of any refunding Bonds), together with amounts on hand in any funds or accounts under the Bond Resolution, in the amount sufficient to redeem or defease the Bonds in advance of their maturity, as determined by the City's Financial Advisor, the City may, in its sole discretion: (i) apply such excess Fee Revenues or fund balance to redeem or defease all or any portion of the Bonds and cancel any remaining Fees; or (ii) by resolution of the Council, specify additional Housing Improvements (as defined in the Enabling Ordinance) and transfer all or any portion of such excess Fee Revenues or Project Fund balance, as the case may be, in the amount of the cost of such improvements into a project fund (the "Supplemental Project Fund"). Amounts in the Supplemental Project Fund shall be disbursed to the Association to pay the cost of the Housing Improvements specified by the City, substantially in accordance with all the disbursement procedures set forth in the Disbursing Agreement; or (iii) by resolution of the Council, disburse all or any portion of such excess Fee Revenues or Project Fund balance, as the case may be, to the Association for deposit into the replacement fund maintained by the Association (the "Replacement Reserve Fund"). The Association shall establish and. maintain a separate subaccount in the Replacement Reserve Fund (the "Excess Revenue Subaccount") in which excess Fee Revenues or any fund balance deposited hereunder, together with interest earnings thereon, shall be maintained. Amounts in the Excess Revenue Subaccount of the Replacement Reserve Fund shall be expended only for Housing Improvements (as defined in the Enabling Ordinance) that are selected by the Association; provided that before making any disbursement of funds from the Excess Revenue Subaccount, the Association shall submit written plans and cost estimates for such Housing Improvements to the City Building Official, which plans shall be deemed approved unless rejected in writing by the City Building Official within 30 days after receipt thereof; or (d) any combination of paragraphs (a), (b) and (c) above. Any balance remaining in the Supplemental Project Fund (if any) after payment of all Supplemental Housing Improvements, and any balance remaining after the Maturity Date in the Debt Service Fund, the Special Reserve Fund, the Project Fund, or any other fund into which Fee Revenues have been deposited shall be transferred by the City to the Association for deposit into the Excess Revenue Subaccount of the Replacement Reserve Fund. Expenditures from the Excess 8 103 Revenue Subaccount shall be subject to the conditions described in clause (c) above. All covenants and obligations of the Association under this Section shall survive the Maturity Date. Section 3.5. Special Reserve Fund. Band proceeds in the amount of $50,000 shall be deposited in a Special Reserve Fund maintained by the City. The Special Reserve Fund may be invested as directed by the City and disbursed in accordance with this Section 3.5 for the following uses: (a) to transfer to the Debt Service Fund the amount of any deficiency described in Section 6.6(a) in the event the Association fails to timely pay such deficiency; (b) To make any payment necessary to cure any Event of Default as provided in Section 7.2, or (c) To disburse to the City the cost of the City's consultant described in Section 6.3(a) in the event the Association fails to timely pay such cost; provided that any disbursement from the Special Reserve Fund under this Section does not constitute a cure of the Event of Default and the Association remains obligated to pay to the City, within the cure period described in Section 7.2 hereof, the amount necessary to restore the balance in the Special Reserve Fund to $50,000. 9 104 ARTICLE IV Construction of Housing Improvements Section 4.1. Construction of Housing Improvements. The Association agrees that it will construct the Housing Improvements on the Property in accordance with the approved Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Housing Improvements or cause the Housing Improvements to be maintained, preserved aild kept with the appurtenances and every part and parcel thereof, in good repair and condition, ail in accordance with Article VI hereof. Section 4.2. Construction Plans. (a) Before issuance of the Bonds, the Association shall submit the Construction Plans to the City Building Official, who shall review such plans on behalf of the City. The Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official 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 all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Housing Improvements; and (iv} no Event of Default has occurred. No approval by the City Building Official shall relieve the Association of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Housing Improvements in accordance therewith. No approval by the City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City Building Official. If the City Building Official rejects any Construction Plans in whole or in part, the Association shall submit new or corrected Construction Plans within 30 days after written notification to the Association 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 City Building Official. The City Building Official's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Housing Improvements, constructed in accordance with said plans) comply to the City Building Official's satisfaction with the provisions of this Agreement relating thereto. The City and the City Building Official shall review and approve the Construction Plans solely for the purpose of determining the Construction Plans' compliance with the requirements of this Agreement. It is the sole duty and responsibility of the Association and the Architect to assure that the Housing Improvements are designed, engineered and completed in a safe and architecturally sound manner. The Association hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the City or the City Building Official and/or any changes in the Construction Plans requested by the City or the City Building Official. Such waiver shall be binding upon each owner of a Housing Unit, and their respective successors and assigns, who, as a condition of the ownership of a Housing Unit, shall waive any claims or causes of action whatsoever resulting from the review of the Construction Plans by the City or the City Building Official or request for changes therein. Neither the City, the City Building Official or any employee or official of the City shall be responsible in any manner whatsoever for any defect in the 10 105 Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the City or the City Building Official. (b} If the Association desires to make any material change in the Construction Plans after their approval by the City Building Official, the Association shall submit the proposed change to the City Building Official for approval. For the purposes of this Section, a "material change" means any change that (i} increases or decreases the total cost of the Housing Improvements by more than $5,000, or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local Laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City Building Official shall approve the proposed change and notify the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City Building Official unless rejected, in whole or in part, by written notice by the City Building Official to the Association, setting forth in detail the reasons therefor. Such rejection shall be made within twenty (20) days after receipt of the notice of such change. The City Building Official's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Association shall complete the construction of the Housing Improvements by , 20 All work with respect to the Housing Improvements to be constructed or provided by the Association on the Property shall be in conformity with the Construction Plans as submitted by the Association and approved by the City. The Association agrees for itself, its successors and assigns, and every successor in interest to the Properly, or any part thereof, that the Association, and such successors and assigns, shall promptly begin and diligently prosecute to completion the construction of the Housing Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. Until construction of the Housing Improvements has been completed, the Association shall make reports, in such detail and at such times as may reasonably be requested by the City as to the actual progress of the Association with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the Housing Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Association to construct the Housing Improvements (including the dates for beginning and completion thereof), the City will famish the Association with an appropriate instrument so certifying. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Association, and its successors and assigns, to construct the Housing 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 Association under Article VI hereof. (b) The certificate 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 pertaining to the Property. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Association, provide the Association with a written statement, 11 106 indicating in adequate detail in what respects the Association has failed to complete the Housing 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 City, for the Association to take or perform in order to obtain such certification. (c) The construction of the Housing Improvements shall be deemed to be substantially completed as determined by the City Building Official, who may execute the certificate of completion on behalf of the City. 12 107 ARTICLE V Insurance Section 5.1. Insurance. (a) The Association will provide and maintain or cause to be provided and mauitained at ali times during the process of constructing the Housing Improvements an All Risk Broad Farm Basis Insurance Policy and, from time to time during that period, at the request of the City, furnish the City 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 Housing Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (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 limits 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); and (iii) Workers' compensation insurance provided by all Contractors. (b) Upon completion of construction of the Housing Improvements and prior to the Maturity Date, the Association shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall famish proof of tlae payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Property and the Housing Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted}, against liability for injuries to persons and/or property, in the amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Association, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Association may be self-insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Association which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Association will deposit annually with the City 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 13 108 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 Association and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Association may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Association shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in farce upon the Housing Improvements. (d) The Association agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Property, the Housing Improvements or any portion thereof resulting from fire or other casualty. In such event the Association will forthwith repair, reconstruct and restore the Housing 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 Association will apply the Net Proceeds of any insurance relating to such damage received by the Association to the payment or reimbursement of the costs thereof. The Association shall complete the repair, reconstruction and restoration of the Housing Improvements and the Property, whether or not the Net Proceeds of insurance received by the Association 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 Association. (e) The Association and the City agree that all of the insurance provisions set forth in this Article V shall terminate upon the earlier of the Maturity Date or termination of this Agreement. 14 109 ARTICLE VI Special Covenants Section 6.1. No Warranty of Condition or Suitability, Indemnification. (a) The City does not make any warranty, either express or implied, as to the design or capacity of the Housing Improvements, as to the suitability for operation of the Housing Improvements or that they will be suitable for the Association's purposes or needs. The Association releases the City from, agrees that the City shall not be liable for, and agrees to hold the City, its Council and its respective officers and employees, harmless against, any claim, cause of action, suit or liability for any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Housing Improvements or the Property or the use thereof. (b} The Association further agrees to indemnify and hold harmless the City its officers and employees, against any and all losses, claims, damages or liability to which the City its officers and employees, may become subject under any law arising out of any act, omission, representation or misrepresentation of the Association in connection with the issuance and sale of the Bonds and the carrying out of the transactions contemplated by this Agreement, and to reimburse the City, its officers and employees, for any out-of-pocket legal and other expenses (including reasonable counsel fees) incurred by the City, its officers and employees, in connection with investigating any such losses, claims, damages or liabilities or in connection with defending any actions relating thereto. The City agrees, at the request and expense of the Association, to cooperate in the making of any investigation in defense of any such claim and promptly to assert any or all of the rights and privileges and defenses which may be available to the City. The provisions of this Section shall survive the payment and redemption of the Bonds. (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (d} The covenants of the City and the Association, respectively under this Agreement are intended solely far the benefit of the parties hereto, and no contractor, Housing Unit owner or occupant, or any other party shall have any rights or interests as a third party beneficiary under this Agreement. Section 6.2. Financial Statements. The Association agrees to furnish to the City, by no later than August 15 of year following each Fiscal Year, commencing August 15, 2009, until the later of the Maturity Date and the date all excess Fee Revenues and Project Fund balance, if any, have been expended in accordance with Section 3.4 hereof, a copy of the annual audited financial statements of the Association for the preceding Fiscal Year, including a balance sheet and operating statements, audited by an Independent certified public accountant. Such financial statements shall be accompanied by a separate written statement from such Independent certified public accountant preparing such report that such Independent accountant has obtained no knowledge of any default by the Association in the fulfillment of any of the terms, covenants, provisions or conditions of this Agreement or if such accountant shall have obtained knowledge of any such default the accountant shall disclose in such statement the default and the nature thereof, but such accountant shall not be liable directly or indirectly to any party for failure to obtain knowledge of any default. The 15 110 Association and the City agree and understand that compliance with this Section constitutes compliance with Section 7.01 of the Enabling Ordinance. Section 6.3. Financial Plan; Annual Reports. The Association agrees to furnish to the City, by no later than August 15 of year following each Fiscal Year, commencing August 15, 2009, until the later of the Maturity Date and the date all excess Fee Revenues and Project Fund balance, if any, have been expended in accordance with Section 3.4 hereof: (a) an updated Financial Plan for the Property prepared by a Management Consultant acceptable to the City, in substantially the farm of the initial Financial Plan and providing plans for other capital improvements to the Property through the Maturity Date; (b) a written report by an Independent engineer describing the physical condition of the Property and the Housing Improvements as of the end of the preceding Fiscal Year, with detail sufficient to enable the City to evaluate compliance with the Financial Plan and the Association's obligations under this Agreement. Section 6.4. Records and Inspection. The Association shall maintain (i) copies of federal, state, municipal and other licenses and permits obtained by the Association relating to the operation of the Property and the Housing Improvements, (ii) financial books and records reflecting the operations of the Property and the Housing Improvements, and (iii) all other documents, instruments, reports and records required by any provision of this Agreement or the Financial Plan or by law relating to the Property or the affairs of the Association. The City shall have the right to inspect all such materials, except any materials made private or confidential by federal or state law or regulation, and the Property at all reasonable times and to make such copies and extracts as it may desire. At the request of the City the Association shall furnish to the City, at the Association's expense, a copy of any such materials which are required by the City in the performance of its duties under this Agreement, the Enabling Ordinance, the Fee Resolution or the Act. Section 6.5. Maintenance of Property. The Association agrees that so long as the Bonds are outstanding, the Association will keep or cause to be kept the Property and the Housing Improvements in gaol repair and good operating condition at its own cost. The Association shall make all repairs, replacements and improvements to the Property specified in the Financial Plan, as such plan may be amended in accordance with Section 6.3 hereof. Section 6.6. Covenant to Maintain Net Revenues Available for Debt Service. (a) In the event that, 10 business days before any Payment Date, the Net Revenues Available For Debt Service are less than 105 percent of the total principal and interest due on the Bonds on such Payment Date plus $2,500 (the "Revenue Requirement"), the City will provide written notice to the Association of such fact and the amount of the deficiency. Within 10 days after receipt of such notice of deficiency in the Revenue Requirement, the Association shall be liable for and shall pay the City such deficiency. Failure on the part of the City to provide the notice of the deficiency at the time specified herein shall not relieve the Association of its obligation to make the required payment 10 days after the actual notice of the deficiency is provided by the City to the Association. Failure on the part of the Association to make the required payment under this Section within 10 days after receipt of notice thereof shall entitle the City to exercise its remedies under this Agreement, notwithstanding any cure period provided in Article VII hereof. 16 111 {b) In the event that the Association makes any payment to the City under Section 6.6(a} and, 10 business days before any Payment Date thereafter the City determines that Net Revenues Available for Debt Service, excluding the amount of all prior payments by the Association under Section 6.6(a}, exceed the Revenue Requirement on such Payment Date, the City shall promptly return to the Association the excess in Net Revenues Available for Debt Service aver the Revenue Requirement, up to the amount of the prior payment, without interest thereon. Nothing in this Section 6.6(b) shall be construed to relieve the obligation of the Association to make any payment required under Section 6.6(a) hereof. Section 6.7. Assignment of Association Assets. (a) As security for the Association's obligations under Section 6.6 hereof, the Association does hereby bargain, sell, assign and set aver unto the City, all the dues, fees and assessments and other income of any type (the "Dues") owing to the Association from owners of Housing Units in the Property, together with all cash, investments and securities of any type held by the Association now or hereafter in any operating or reserve accounts (the "Accounts"). The Dues and Accounts are referred to collectively as the "Association Assets". This assignment shall constitute a perfected, absolute and present assignment, provided that the Association may, so long as no Event of Default with respect to Section 6.6 hereof occurs, collect and retain all Association Assets. The provisions of this Section 6.7 are intended to be a mere license in favor of the Association and a mere deferral of the City's exercise of its perfected, absolute and present rights hereunder, and shall not be construed to be a future assignment thereof. (b) The Association hereby covenants and warrants to the City that the Association has not executed any prior assignments of any Association Assets, nor has it performed any act or executed any other instrument that might prevent the Association from operating under any of the terms and conditions of this assignment or that would limit the Association in such operation. (c) The Association hereby agrees that, so long as the Association's obligations under Section 6.6 hereof remain outstanding the Association will not, without the written consent of the City, make any other assignment, pledge or other disposition of any of the Association Assets, or consent in any assignment of same; and any such acts, if done without the written consent of the City, shall be null and void. (d) Upon the occurrence of an Event of Default with respect to Section 6.6 hereof, the City shall have the right to withdraw funds from, and liquidate any securities in any Accounts, and collect the Dues from the owners of Housing Units, and apply the same for deposit in the Debt Service Fund. This assignment shall be binding upon the occupants of Housing Units in the Property from the date of filing by the City in the office or offices where this Agreement is filed that an Event of Default under Section 6.6 hereof has occurred and is continuing and service of a copy of the notice upon the occupants of the Housing Units. The expenses, including any attorney`s fees, reasonably incurred pursuant to the powers herein contained shall be deemed to be immediately due and payable by the Association to the City and shall be secured hereby. The City shall not be liable to account to the Association for any action taken pursuant hereto other than to account for any Association Assets actually received by the City. {e) The City shall not be obligated to perform or discharge, nor does it undertake to perform or discharge, any obligation, duty or liability under any agreement between the Association and owners of Housing Units in the Property, and the Association hereby agrees to defend and 17 112 indemnify the City and hold it harmless for any and all liability, loss or damage which it may or might incur under or by reason of this assignment and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms or covenants contained in any agreement by and among the Association and the owners of Housing Units in the Property, except such claims and demands that arise out of the negligence or willful misconduct of the City, its officers, employees and agents. Should the City incur any such liability, loss or damage under or by reason of this assignment, or in the defense against any such claims or demands arising out of this assignment, the amount thereof, including costs, expenses and reasonable attorneys' fees, together with interest thereon at the rate of interest on the Bonds, shall be secured hereby, and the Association shall reimburse the City therefore immediately upon demand. Section 6.8. Association to Maintain its Existence; Conditions Under Which Exceptions Permitted. The Association agrees that, so long as the Bonds are outstanding, it will maintain its existence as a nonprofit corporation under the laws of Minnesota; will not dissolve or otherwise dispose of all or substantially all of its assets; and will not consolidate with or merge into another corporation or permit one or more other corporations to consolidate with or merge into it. Section 6.9. Prohibition Against Assignment of Agreement. The Association represents and agrees that prior to the Maturity Date the Association 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 any trust or power, or transfer in any other mode or form of or with respect to the Association's rights, interests or obligations under this Agreement or any part thereof, or any contract or agreement to do any of the same, without the prior written approval of the City. Section 6.10. Notice of Fee Upon Transfer of Housing Units. The Association agrees that it will use its best efforts to ensure that owners of each Housing Unit upon which a Fee is imposed under the Fee Resolution provide notice of the Fee to prospective buyers or transferees upon any sale or transfer of the Housing Unit. Such efforts by the Association shall include, but are not limited to ensuring that Housing Unit owners include a description of the Fee ii7 each disclosure certificate provided to the purchaser as required under Minnesota Statutes, Section 5158.4-107 or any successor statute. Section 6.11. Experienced Properi~ger. So long as the Bonds are outstanding, the Association agrees to maintain "experienced professional property management" for the Property. For purposes of this subsection, "experienced professional management" shall mean a full time property manager who meets the following criteria: (i) has at least five years of executive property management experience, including experience with multi-unit residential housing; (ii) has experience working with boards and membership organizations; (iii) has demonstrated knowledge of maintenance and construction issues; (iv) has demonstrated knowledge of accounting, financial reporting, budgeting and related issues; and (v) does not have an ownership interest in any Housing Unit and is not the spouse, child, parent or sibling of anyone who has an ownership interest. 18 113 19 114 ARTICLE VII Events of Default Section 7.1. 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 (unless the context otherwise provides}, any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, the non-defaulting party may exercise its rights under this Section 7.2 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) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) 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. Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Association 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 law or in 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 City 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 VII. Section 7.4. 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. 20 115 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests; City Representatives Not Individually Liable. The City and the Association, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City 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 shall be personally liable to the Association, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Association or successor or on any obligations under the terms of the Agreement. Section 8.2. Equal Employment Opportunity. The Association, for itself and its successors and assigns, agrees that during the construction of the Housing 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 8.3. 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 interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.4. 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 construing or interpreting any of its provisions. Section 8.5. 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 Association, is addressed to or delivered personally to the Association at ,Columbia Heights, Minnesota, Attention: Project Manager; and (b) in the case of the City, is addressed to or delivered personally to the City at, 590 40th Avenue NE, Columbia Heights, Minnesota 55421, Attention: City Manager. 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 8.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.7. Recording. Either party may record this Agreement and any amendments thereto with the Anoka County Recorder or Registrar of Titles. The Association shall pay all costs far recording. 21 116 Section 8.8 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Association and their respective successors, heirs and assigns. Section 8.9. Amendment. This Agreement may be amended only by written agreement of the parties hereto. 22 117 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Association has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Mayor-Gary L. Peterson By Its City Manager-Walter R. Fehst STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2008 by Gary L. Peterson and Walter R. Fehst, the Mayor and City Manager, respectively, of the City of Columbia Heights, Minnesota, a municipal corporation, on behalf of the City. Notary Public 23 118 SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. STATE OF MINNESOTA ) COUNTY OF } By Its By Its The foregoing instrument was acknowledged before me this day of , 2008, by and ,the and of Sullivan Shores Townhouses Association, Inc., a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public 24 119 SCHEDULE A PROPEI2'TY Lots 1-65, Sullivan Shores, Anoka County, Minnesota. A-1 120 SCHEDULE B HOUSING IMPROVEMENTS B-1 121 DISBURSING AGREEMENT (Owner Equity) CPT File No. Project: Sullivan Shores Townhomes, City of Columbia Heights THIS AGREEMENT is made and entered into as of this day of , 2008, by and among Commercial Partners Title, LLC, a Minnesota limited liability company (hereinafter referred to as "Title") and the City of Columbia Heights, a Minnesota municipal corporation (referred to as the "City") and Sullivan Shores Townhouses Association, Inc., a Minnesota nonprofit corporation (the "Association"). RECITALS: The City has established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"), which area comprises the property described on attached Exhibit A. Pursuant to the Housing Improvement Act, the City will issue its Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") in order to finance certain housing improvements (the "Housing Improvements") within the Housing Improvement Area. The City has entered into a Development Agreement with the Association dated , 2008 (the "Development Agreement"), under which the City will issue the Bonds and the Association will construct the Hauling Improvements financed by net proceeds of the Bonds. The City desires that Title disburse the funds that City may advance from proceeds of the Bonds in connection with the construction of the Housing Improvements within the Housing Improvement Area, and Title is willing to do so on the terms and subject to the conditions hereinafter set forth. For the purposes of this Agreement, all costs of the Housing Improvements (as defined in the Development Agreement" are referred to as "Project Costs." Capitalized terms not otherwise defined herein have the meaning provided in the Development Agreement. NOW, THEREFORE, in consideration of the covenants set forth in this agreement and other good and valuable consideration, the receipt and the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Deposits with Title. City will deposit with Title from time to time funds in amounts to be determined and pursuant to the provisions of this Agreement. 2. Purposes of Disbursements. Subject to the terms of this Agreement, Title is 12/06vers 122 authorized and directed to disburse the funds deposited hereunder to: a. Pay Project Costs incurred by the Association. b. Obtain waivers, releases and satisfactions of liens and other encumbrances, if any, pursuant to statements of amounts due which must be approved by the City. 3. Inspectin~~ Architect and Contractor. The Inspecting Architect is and the General Contractor is 4. Conditions of First Disbursement. Prior to the first disbursement of funds hereunder, Title shall be furnished: a. A copy of the construction budget or use of proceeds schedule executed by the City and the Association setting forth the amounts budgeted to be disbursed for all items which in the aggregate constitute Project Costs. Disbursements for such items listed as Project Costs shall not occur more often than once monthly. b. An up-to-date sworn statement prepared by the Contractor and co-signed by the City and the Association disclosing the various subcontracts entered into by the Contractor and setting forth the names of all Subcontractors with whom the Contractor has contracted to date, their addresses, work or materials to be furnished, amounts of the contracts, amounts paid to date, and balance due. c. Copies of the Construction Contract, and any other construction documents required by Title in its discretion. d. A copy of the Construction Plans, approved by the City Building Official in accordance with Section 4.2 of the Development Agreement, certified by the Architect and the Association. e. Copies of any licenses and permits which the Inspecting Architect certifies as necessary and sufficient to construct the Housing Improvements. 5. Conditions of Each Disbursement. Prior to each disbursement of funds hereunder, Title shall be furnished: a. An up-to-date sworn statement of the Contractor and co-signed by the Association setting forth all Subcontractors with whom the Contractor has contracted to date, the amounts of the subcontracts, the amounts paid to date, the amounts being requested and the balance due. 2 12/06vers 123 b. The request for payment ("Request for Payment") executed by the Association and the Contractor in connection with the requested disbursement, together with approval or certification of completion from Architect, if any. c. Sufficient funds to cover the requested disbursements, and to pay for extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. d. Sufficient funds to cover any unpaid title charges, tract search update charges and disbursing fees. e. Mechanics lien waivers or releases from both the Contractor and all subcontractors with respect to amounts disbursed pursuant to the immediately preceding Request of Payment satisfactory to Title. f. Resolution satisfactory to Title of all outstanding title issues, including but not limited to, mechanic's liens or judgment liens served or filed of record. (Such resolution may include funds to be held by Title in escrow in excess of the claimed amount of the lien, or such other options as Title may determine.) g. The City and Title have received a written statement from the Association's Authorized Representative and the Architect certifying with respect to each payment: (i) 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 Agreement; (ii) that each item for which the payment is proposed to be made is or was necessary in connection with the Housing Improvements; and (iii) that following such proposed payment sufficient moneys will remain on deposit in the Project Fund to provide for payment in full of all remaining costs estimated to be izlcu~rred in order to complete the Housing Improvements. In the ease of any contract providing for the retention of a portion of the contract price, there shall be paid from the Project Fund only the net amount remaining after deduction of any such portion. h. Written confirmation from the City that no Event of Default under the Development 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, has occurred and is continuing. SA. Conditions Precedent to the Final Disbursement. The making of the fmal disbursement hereunder shall be subject to the condition precedent that the Association shall be in compliance with all conditions set forth in Sections 4 and 5 hereof and, further, that the following conditions shall have been satisfied prior to the Completion Date: (a) The Housing Improvements have been substantially completed in accordance with the Construction Plans and Article IV of the Development Agreement, and the City and Title shall have received a certificate of completion from the Association and the Inspecting Architect, certifying that to the best of their knowledge (i) work on the Housing Improvements has been completed in accordance with the Construction Plans and all other labor, services, materials and supplies used in such work have 3 12/06vers 124 been paid far; (ii) the completed Housing Improvements conform with all applicable building laws and regulations of the governmental authorities having jurisdiction over the Housing Improvements; and (iii) lien waivers submitted to Title hereunder cover all labor, services materials and supplies in connection with the Phase Housing Improvements. (b) The City and Title shall have received satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and by the bureau, corporation or office having jurisdiction, and that all requisite certificates of occupancy and other approvals have been issued. (c) Notwithstanding anything to the contrary in this Section, the City shall be entitled to retain the five percent retainage specified under Section 6 for up to 90 days after the Completion Date. Such amount will be disbursed upon satisfaction of all the conditions of paragraphs (a) through (c} of this Section and review and approval by the City Building Inspector of punchlist work and any work needed to correct defects in completed work on the Housing Improvements. 6. Title to Notify City; Transfer of Funds to Title's Account. Not later than five (5) business days following receipt of the documents or other performance delivered to it pursuant to Paragraph 5, Title will notify the City orally or in writing (i) whether the delivered documents and performance are satisfactory to it and (ii) whether it has received lien waivers from the Contractor and all subcontractors who should have been paid by it from the proceeds of the disbursement made in response to the previous Request for Payment. If waivers are missing, Title will promptly advise City and Association in reasonable detail, of the deficiency or missing lien waivers, as the case may be. If such deficiency is corrected to the satisfaction of Title, or if missing lien waivers are furnished to Title, or if the City is initially notified by Title that the documents delivered to it are satisfactory and that such lien waivers have been delivered to it, then City will (on the requested date of disbursement) transmit to Title the amount of the disbursement applied for the relevant Request for Payment, or so much thereof as City may approve, less a retainage of five percent, by transfer of such funds to Title for deposit in Title's bank Account No. 397 034 Q253 maintained with wells Fargo Bank. 7. Payments by Title. Upon receiving the funds transmitted by City pursuant to Paragraph 6, Title will pay the Contractor, each Subcontractor and all other persons identified in the relevant Request for Payment. If, for any reason any of said funds on deposit in Title's account are not disbursed by Title by the close of business on the fifth (5th) business day following credit of funds to its account, Title will forthwith remit to the City in immediately available funds, the amount of the funds in such account that were not disbursed. Title shall not be liable to City or the Association for interest on the funds deposited with it. 8. Books and Records Title will keep and maintain, at ail times, full, true and accurate books and records, in sufficient detail to reflect the disbursements made by it hereunder. The City may, during normal business hours, examine all books and records of Title pertaining to the disbursements made by it hereunder and make extracts therefrom and copies thereof. 4 12/06vers 125 9. Disbursements to Subcontractors. All disbursements for construction items may be made to the Association's Contractor (who it is expected will thereafter promptly pay subcontractors for the work or amounts listed in the draw request) or may be made directly to the Subcontractors, in the discretion of Title. 10. Liability of Title. The functions and duties assumed by Title include only those described in the Agreement, aild Title is not obligated to act except in accordance with the terms and conditions of this Agreement. Title does not insure that the Improvements will be completed, nor does it insure that the Improvements when completed will be in accordance with the Plans and Specifications, nor that sufficient funds will be available for the completion, nor does it assume any liability for same other than procurement as one of the conditions precedent to each disbursement. Title has no liability for loss caused by an error in the certification furnished it hereunder as to work in place. Title shall not be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of Title. 11. Indemnification of Title. The Association agrees to indemnify Title against all losses, claims, damages, liability and expenses, including without limitation costs and investigation and legal counsel fees which may be incurred or imposed upon Title in connection with Title's performance of its duties under this Agreement, including without limitation any litigation or other non judicial proceedings arising from this Agreement or the subject matter thereof. 12. Title and Escrow Charges. The City shall pay to Title disbursing charges as they are determined, together with real estate search update charges. City shall pay to Title an administrative fee of not less than $250.00 (or more in the event of anon-routine draw, which may be considered non-routine because of unresolved liens, insufficient project or lien waiver documentation, disputes between parties, etc.) per disbursement, which along with any title search update and endorsement fees, are due and payable at the time of funds disbursement. Title acknowledges receipt of the sum of $ from City as a deposit against such charges. 13. No IRS-1099 Reparting by Title. The parties acknowledge that Title shall not be responsible far creating, fui->lishing or reporting any IRS 1099 notices for any payments it disburses under this Agreement. 14. Miscellaneous. This Agreement shall be binding upon the parties hereto and their respective successors and assigns; provided, however, that Title may not assign its duties hereunder without the prior written consent of the City. This Agreement can be amended or modified only by a writing signed by the parties hereto. This agreement shall be governed by the laws of the State of Minnesota. 15. Waiver. The City 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 Agreement. However, the making of any disbursement prior to fulfillment of any condition therefor shall not be construed as a waiver of such 12/06vers 126 condition, and the City shall have the right to require fulfillment of any and all such conditions prior to authorizing any subsequent disbursement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COMMERCIAL PARTNERS TITLE, LLC By Its 12/06vers 127 CITY OF COLUMBIA HEIGHTS, MINNESOTA 12/06vers By By Its Mayor-Gary L. Peterson Its City Manager-Walter R. Fehst 128 SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. 12/06vers By. Its 129 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting Date: May 12, 2008 AGENDA SECTION: Items For ORIGINATING DEPARTMENT: City Manager Consideration Fire Approval: No. ITEM: Second reading of Ordinance No. 1544, amending Chapter By' Gary Gorman 4, Article 2 of City Code No: DATE: May 7, 2008 Background: The Fire Department conducts tall grass and weed inspections per Chapter 4, Article 2 of City Code. When grass and weeds exceed the requirements of City Code, notices are posted on the properties and sent to the property owners. Currently, after two or more notices have been sent for a property, within a 12-month period, future violations may be abated without providing additional specific notice of the violations. In 2007, 147 mowings occurred on 72 different properties. 77.5% of the properties had two or more mowings. Recommendation: It is our recommendation that we change City Code to allow the cutting of long grass/weeds without additional specific notice after one violation within a 12-month period instead of after two notices. This will speed up the process of getting repeat problem properties cut within two to three days instead of six to nine days. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1544, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1544, being an Ordinance amending Chapter 4, Article 2 of City Code. COUNCIL ACTION: 130 ORDINANCE 1544 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE 2005 TALL WEEDS AND GRASS The City of Columbia Heights does ordain: Chapter 4, Article 2, Section 4.203 of the Columbia Heights Code is hereby amended to read: 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B} The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for costs. (C} For properties for which there have been one or more notices issued within the prior 12-month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. 131 OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown. by the records of the County Assessor. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Apri128, 2008 Second Reading: May 12, 2008 Date of Passage: Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 132 CITY COUNCIL LETTER Meeting of May 12, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: May 5, 2008 DATE: NO: 08-100 to 08-107 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-100 - 4542 4th St 2008-101 - 1401-1403 Parkview Ln 2008-102 - 5036 Jackson St 2008-103 - 4131 Jefferson St 2008-104 - 3975 Jackson St 2008-105 - 1218-20 Circle Terrace Blvd. 2008-106 -1307-09 Circle Terrace Bvld. 2008-107 - 4506 Fillmore St for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-100, 101, 102, 103, 104, 105, 106, 107 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-100, 101, 102, 103, 104, 105, 106, 107 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. COUNCIL ACTION: 133 RESOLUTION 2008-100 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} ofthat certain residential rental license held by Patrick J. Codute (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4542 4th 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 Apri122, 2008 of an public hearing to be held on May 12, 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 20, 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 April 22, 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 anal violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Haider described herein and identified by license number U4524 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. 134 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 135 RESOLUTION 2008-101 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Jose Alonso (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Parkview Lane 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 April 17, 2008 of an public hearing to be held on May 12, 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 March 12, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 16, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation 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 May 2, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code s~~ere found to exist, to- wn: a. Shall clean-up ALL dog feces in the yard. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8859 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. 136 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 137 RESOLUTION 2008-102 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 Passang Gongma (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5036 3ackson 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 April 14, 2008 of an public hearing to be held on May 12, 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 March 31, 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 April 14, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential. Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U5036 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. 138 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 139 RESOLUTION 2008-103 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 Peter Sax (Hereinafter 'license Holder"). Whereas, License holder is the legal owner of the real property located at 4131 Jefferson 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 April 15, 2008 of an public hearing to be held on May 12, 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 March 4, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed ors the rental housing license application. 3. That on May 2, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the CitS~'s Residential Maintenance Code were found to exist, to- wn: a. Shall install a smoke detector in the 1st floor hallway. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8438 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. 140 Passed this day of 2008 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 141 RESOLUTION 2008-104 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 Nettie Murray (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3975 Jefferson 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 April 15, 2008 of an public hearing to be held on May 12, 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 March 4, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation 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 May 2, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation 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- wn: a. Shall install a smoke detector in the 1st floor hallway. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8438 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. 142 Passed this day of 2408 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 143 RESOLUTION 2008-105 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 Fletcher Wanless (Hereinafter "License Holder") Whereas, license holder is the legal owner of the real property located at 1218-1220 Circle Terrace Blvd N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 17, 2008 of an public hearing to be held on May 12, 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 March 10, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 17, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted nine 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. May 8, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that nine violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 1218 -Shall replace the light fixture cover/globe on the light in the kitchen b. 1218 - No egress in the basement -Shall immediately remove all illegal bedrooms/beds from the basement c. 1218 -Shall cap the natural gas line not being used behind the dryer d. 1218 -Shall complete the installation of the storm door e. 1220 -Shall repair the damaged lower level window on the rear of the house f. 1220 - No egress in the basement. Shall immediately remove all illegal bedrooms/beds from the basement g. 1220 -Shall replace the deadbolt lock on the rear door with a thumbturn style. h. Shall remove ail/any outside storage from the properly. i. Shall remove the junk vehicle from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). 144 ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8792 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 pasting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 145 RESOLUTION 2008-106 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 Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1307-1309 Circle Terrace Blvd N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 16, 2008 of an public hearing to be held on May 12, 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 March 10, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 16, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five 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 May 8, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential. Maintenance Code were found to exist, to- wit: a. 1307 -Shall replace the missing light fixture covers/globes on the lights in bedroom b. 1307 -Shall complete the work on the egress window. Remove the dirt pile anal paint, seal, or stain the bare wood around the window. c. 1309 -Shall remove the mold and mildew off the wails d. 1309 -Shall install a dryer vent on the dryer e. Shall remove ail/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). 146 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by License number F8790 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 147 RESOLUTION 2008-107 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 Fletcher Warless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4506-4508 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 17, 2008 of an public hearing to be held on May 12, 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 March 10, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted thirteen violations. A compliance letter listing the violations was mailed by regular mail. to the owner at the address listed on the Rental Housing License Application. 2. That on April 17, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted thirteen violations remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed cn the rental housing license application. 3. That on May 8, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that thirteen violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Residential Maintenance Code were found to exist, to- wit: a. 4506 -Shall replace the missing electrical cover plates in bedroom b. 4506 - Sha11 install a thumbturn style dead bolt lock on the front door c. 4506 - Shaii replace the missing light fixture cover/globe on the light fixture in the hallway d. 4506 -Shall remove the boarded up lower level door e. 4506 -Shall replace the door on the west bedroom f. 450b -Shall repair the damaged drawers in the kitchen g. 4506 -Shall repair the hand railing on the basement stairway h. 4508 -Shall replace the light switch cover missing in the bathroom i. 4508 -Shall repair the east bedroom doorremove the mold and mildew off the walls j. 4508 -Shall repair the front storm door k. Shall repair the handing railings 1. Shall remove the junk vehicle from the property. m. That all parties, including the License Holder and any occupants or tenants, 148 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). RDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8'791 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. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovite, CMC City Clerk 149 CITY COUNCIL LETTER Meeting of May 12, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: May 5, 2008 DATE: NO: 2008-108 to 2008-112 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-108 - 5056 Washington St 2008-109 - 1417 43rd Ave 2008-110 - 4132 Washington St 2008-111 - 4931 Jefferson St 2008-112 - 3810-12 3rd St far failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-108, 109, 110, 111, 112 there being ample copies available to the public. RECOMMENDED MOTION: Move to adapt Resolution Numbers 2008-108, 109, 110, 111, 112 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 property pursuant to City Code section 8.206. COUNCIL ACTION: 150 RESOLUTION 2008-108 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance anal approving abatement of ordinance vialations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5056 Washington 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 April 24, 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 Apri17, 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 Apri124, 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 May 6, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5056 Washington 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. 151 ORDER OF COUNCIL 1. The property located at 5056 Vtjashington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 152 RESOLUTION 2008-109 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 Terry Miller (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1417 43rd Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 17, 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 March 12, 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 April 17, 2008 inspectors re-inspected the property listed above. Inspectors noted that three 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 May 2, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. Tliat based upon said records of the Fire Depart~r~ent, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the loose siding on the east side, 2nd floor. B. Shall repair the damaged steps on the stairs going to the front door. C. Shall repair the retaining wall that is falling apart. 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 1417 43rd Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That ail applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 153 ORDER OF COUNCIL 1. The property located at 1417 43rd Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order sha11 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 154 RESOLUTION 2008-110 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 victor 0lzeske (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4132 Washington 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 April 28, 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 March 19, 2008 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on Apri128, 2008 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 9, 2008 inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall paint or seal or stain the rear overhang on the garage that is bare woad. B. Shall replace the missing siding on the garage that is missing/damaged C. Shall replace the missing siding on the house. D. Shall remove all/any vehicles from landscaped areas of the property. E. Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4132 Washington 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. 155 3. That ail 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 4132 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 156 RESOLUTION 2008-111 Resolution of the City Council far 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 Fraenkel Rossi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4931 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.20b, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the o~nler of record on Apri124, 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 March 18, 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 April 24, 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 May 6, 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 remove all/any outside storage from the property. ~. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4931 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. Tllat 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. 157 ORDER OF COUNCIL 1. The property located at 4931 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 158 RESOLUTION 2008-112 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 Bob Landucci (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3810-3812 3`d 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 April 18, 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 That on April 18, 2008 the Fire Department was notified that a vacant unit at 3810-12 3rd Street N.E. may have been abandoned and unsecured. During a inspection resulting from a complaint a adjacent properly owner made inspectors found the 3 812 3`d Street unit open and apparrently abandoned. The Police Department responed and verified that the unit was not occupied and DuAll services was contacted to secure the unit. 2. That on Apri121, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the public nusiance/hazardous building located at 3810-3$12 3`d Street N.E. 4. That all parties, including the owner ofrecord and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3810-3$12 3`d 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. 159 ORDER OF COUNCIL 1. The property located at 3810-3812 3`d 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 pasties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 160 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: May 12, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administrative Reports Administration APPROVAL ITEM: Gymnasium prospective BY: W. Fehst BY: images and project status DATE: May 8, 2008 DATE: NO: Background: Paul DeVetter, DeVetter Design Group, has submitted prospective images and project status update for the gymnasium construction at the High School. This is only informational and no action is required. COUNCIL ACTION: 161 D E V E T T E R D E S I G N DATE: SUBJECT: PROJECT: PRESENTED BY: PRESENTED FOR: TOPICS OF DISCUSSION May 12, 2008 Project Status Update Columbia Heights -Gymnasium Addition Paul DeVetter -DeVetter Design Group Columbia Heights City Council 1. Building Design Update • Current Building Images • Building Revisions Since Last Presented 2. Budget Update • Initial Estimated Construction Cost • Current Estimated Construction Cost • Bid Deduct Alten~ate Amount • Estimated Construction Cost with Deducts 3. Project Schedule Update • 5.09.08 - 90% CD Final Tealn Review • 5.23.08 -Send Documents out for Bid • 6.17.08 -Bids Due from Contractors • 6.23.08 -Bid Award Meeting • 7.07.08 -Construction Mobilization ARCH I T E C T U R E 430 Oak Grove Street Suite 300 Minneapolis MN 55403 Telephone 612-871-2188 Facsimile 612-870-9203 162 ~--' _ -O Breakin new round since 1897 ~~ ~ KRAUS-ANDERSONG g g ® CONSTRUCTION COMPANY 8625 Rendova Street NE, P.O. Box 158 Circle Pines, MN 55014 O 763.786.7711 F 763.786.2650 www.krausanderson.com PROJECT: Columbia Heights Gymnasium Addition DATE: May 12, 2008 SUBJECT: Budget Update Current Project Funding: Current Estimated Project Cost: Current Estimated Project Budget Status: Preliminary Bid Alternates: Deduct: Architectural Columns Deduct: Metal Panels ILO "Swiss Pearl Cement Board" Deduct: Painted CMU ILO Burnished CMU Deduct: Curtainwall ILO Channel Glass Deduct: Delete Occupancy Sensors Deduct: E5 Exterior Accent Lighting Deduct: E6 Gym Sound Systems Add: City Gym Air Conditioning Subtotals: $8,075,000.00 $8,119, 587.00 ($44, 587.00) DEDUCT ADD $20,000 $14,175 $10, 000 $25,000 $7,500 $15,000 $10,000 $50,000 $101,675 $50,000 Total Net Alternates: $51,675